06-03-2019 Agenda Packet BOCPERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
MEETING AGENDA
304 South Morgan Street, Room 215
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
June 3, 2019
7:00pm
(Meeting to be held in the County Office Building Auditorium)
CALL TO ORDER………………………………………………….. Chairman Newell
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
RECOGNITION
ITEM #1
Resolution of Appreciation for County Retiree, Ronald Shaw ……Chairman Newell
PUBLIC HEARING:
ITEM #2
Fiscal Year 2019-2020 Recommended Budget …………………….. Chairman Newell
PUBLIC HEARING:
ITEM #3
Petition RZ-01-19 - Request by Stephen Wilson, on behalf of
property owners John Harris and Charles Perkins, for a
rezoning/map amendment from R (Residential) to B-2
(Neighborhood Shopping) on 11.46 acres
(Tax Map & Parcel 132-3) located on Carver Drive ……………………… Lori Oakley
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ITEM #4
Consideration to Grant or Deny Request by Stephen Wilson,
on behalf of property owners John Harris and Charles Perkins,
for a rezoning/map amendment from R (Residential) to B-2
(Neighborhood Shopping) on 11.46 acres
(Tax Map & Parcel 132-3) located on Carver Drive …………….... Chairman Newell
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 #5
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A. Approval of Minutes of May 20, 2019,
B. Budget Amendment #20, and
C. Approval of Person Area Transportation System Updated Policies
1) Grants & Finance Management Policy, and
2) Drug & Alcohol Policy
NEW BUSINESS:
ITEM #6
Third Amendment to the Contract Agreement and a New
Franchise Ordinance for Upper Piedmont Landfill ……. Ron Aycock & Heidi York
ITEM #7
6-14 Workforce Pipeline Plan Approval ……………………………... Sherry Wilborn
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
CLOSED SESSION #1
A motion to enter Closed Session per General Statute 143-318.11(a) (5) to establish,
or to instruct the public body's staff or negotiating agents concerning the position to
be taken by or on behalf of the public body in negotiating the price and other material
terms of a contract with the following individuals permitted to attend: County
Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron
Aycock, and Assistant County Manager, Sybil Tate.
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate
by the Board.
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RESOLUTION OF APPRECIATION
WHEREAS, Ronald Shaw has served the people of Person County
during his tenure working for Person County as the
Animal Services Director; and
WHEREAS, Ronald Shaw has served the citizens of Person County
with honor, integrity, sincerity and dedication, providing
accurate, concise services for twenty-six years, October
1993 – May 2019; and
WHEREAS, Ronald Shaw has earned the respect and admiration of all
who have known him and worked with him throughout his
career; and
WHEREAS, the County of Person recognizes the many contributions
Ronald Shaw has made to the County and offers him
sincere best wishes for his retirement.
NOW, THEREFORE, I, David Newell, Sr., Chairman of the Person County
Board of Commissioners, do hereby extend this Resolution of Appreciation
to Ronald Shaw for continually striving to make Roxboro and Person
County a better place to live and work.
Adopted this 3rd day of June 2019.
____________________________________
David Newell, Sr., Chairman
Person County Board of Commissioners
Attest:
____________________________________
Brenda B. Reaves
Clerk to the Board
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NOTICE OF BUDGET PUBLIC HEARING
PERSON COUNTY BOARD OF COMMISSIONERS
Official notice is hereby given that the Fiscal Year 2019-2020 Budget for Person County
has been presented to the Board of Commissioners by the County Manager, and is
available for public inspection in the Office of the Clerk to the Board of Commissioners in
Room 212 of the Person County Office Building, from 8:30 a.m. until 5:00 p.m. Monday
through Friday, at the Public Library during operating hours, and on Person County’s
website, www.personcountync.gov.
In accordance with N. C. General Statute 159-12(b), the Person County Board of
Commissioners will conduct a Budget Public Hearing on Monday, June 3, 2019, at 7:00
p.m. The Budget Public Hearing will be held in the Auditorium in the Person County Office
Building, 304 S. Morgan Street, Roxboro, NC and citizens will have an opportunity to
make informal comments concerning the recommended budget.
Brenda B. Reaves, MMC, NCMCC
Clerk to the Board
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NOTICE OF PUBLIC HEARING
The Person County Board of Commissioners will hold a public hearing on Monday, June 3, 2019 at 7:00
p.m. in the auditorium of the Person County Office Building at 304 South Morgan Street, Roxboro, North
Carolina to hear the following:
1.Petition RZ‐01‐19 ‐ A request by Stephen Wilson, on behalf of property owners John Harris and
Charles Perkins, for a rezoning/map amendment from R (Residential) to B‐2 (Neighborhood
Shopping) on 11.46 acres (Tax Map & Parcel 132‐3) located on Carver Drive.
The public is invited to attend the meeting. Substantial changes may occur to the request based on
comments from the public hearing. The Board of Commissioners reserves the right to recess the public
hearing to another place and time. For further information on the case(s) listed above, please contact the
Person County Planning and Zoning Department at 336‐597‐1750.
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AGENDA ABSTRACT
Meeting Date: June 3, 2019
Agenda Title: Public Hearing for Petition RZ-01-19 – A request by Stephen Wilson, on
behalf of property owners John Harris and Charles Perkins, for a rezoning/map amendment from
R (Residential) to B-2 (Neighborhood Shopping) on 11.46 acres (Tax Map & Parcel 132-3) located
on Carver Drive.
Summary of Information:
Currently, the subject property contains woodlands and is zoned R (Residential).
The Person County Land Use Plan identifies the site as Suburban Residential, which allows for
commercial uses.
Appendix O of the Land Use Plan lists goals and objectives for the county including the following:
2.1 – Promote continued economic investment through retention and expansion of existing
industrial concerns and the recruitment of new industries and commercial businesses.
2.2 – Encourage well-planned commercial establishments to provide necessary goods and
services to area employers and residents.
The applicant is requesting a general rezoning from R (Residential) to B-2 (Neighborhood
Shopping). The requested rezoning is consistent with the Person County Land Use Plan and abuts
B-2 (Neighborhood Business) zoning for the City of Roxboro to the east and south.
According to Article VII Section 70 of the Person County Planning Ordinance, the purpose of the
B-2 District shall be to provide for small clusters of retail service and other commercial
development which would be compatible with nearby residential areas.
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Planning Staff Recommendation: Planning staff recommends approval of the proposed general
rezoning RZ-01-19 based on the Person County Land Use Plan and the Future Land Use Map
contained within the Land Use Plan. This zoning is a general rezoning request, and therefore, no
conditions can be placed on the approval and no site plans can be approved with the request.
Planning Board Recommendation: At the May 9, 2019 meeting of the Planning Board, the Board
voted unanimously (7-0) to recommend approval of RZ-01-19 and 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.
Recommended Action: Vote to approve or deny the requested rezoning. The Board must also
include a Statement of Reasonableness and Consistency with the motion.
Submitted By: Lori Oakley, Planning Director
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RZ‐01‐19
Staff Analysis
BOC June 3, 2019
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Rezoning Request RZ‐01‐19
Carver Drive
Stephen Wilson
EXPLANATION OF THE REQUEST
Petition RZ‐01‐19 is request by Stephen Wilson, on behalf of property owners John Harris and Charles
Perkins, for a rezoning/map amendment from R (Residential) to B‐2 (Neighborhood Shopping) on 11.46
acres (Tax Map & Parcel 132‐3) located on Carver Drive.
LOCATION & CURRENT LAND USE
Currently, the subject property contains woodlands. The property is zoned R (Residential).
Condition and land use of the surrounding properties are:
To the West – Woodlands zoned R (Residential).
To the North – Woodlands zoned R‐6 (City of Roxboro Residential).
To the East – A medical office (Roxboro Family Vision) and woodlands zoned B‐2 (City of
Roxboro Neighborhood Business).
To the South – Self‐storage facility (Roxboro Stor‐N‐Lock) and a nursing home (Roxboro
Healthcare and Rehabilitation Center) zoned B‐2 (City of Roxboro Neighborhood Business).
EXISTING ZONING AND LAND USE
The property is currently zoned R (Residential). According to Article VII Section 70 of the Person
County Planning Ordinance:
The purpose of this district is to provide for single family residential uses and compatible
development.
The property is currently a vacant wooded lot.
COMPREHENSIVE LAND USE PLAN
The Person County Land Use Plan identifies the proposed site as Suburban Residential. Suburban
Residential is defined as:
Residential land uses including subdivisions and manufactured home parks at densities of
1‐3 dwelling units per acre; commercial, office, industrial, public/institutional uses
meeting locational criteria. Locational criteria for nonresidential uses within this land use
category would include frontage and access to a major State highway or secondary road,
proximity to similar uses and spatial separation from non‐compatible uses such as existing
residential development. Land uses within this category could develop with or without
public sewer.
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RZ‐01‐19
Staff Analysis
BOC June 3, 2019
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Appendix O of the Land Use Plan lists goals and objectives for the county including the following:
2.1 – Promote continued economic investment through retention and expansion of existing
industrial concerns and the recruitment of new industries and commercial businesses.
2.2 – Encourage well‐planned commercial establishments to provide necessary goods and
services to area employers and residents.
PLANNING STAFF ANALYSIS & RECOMMENDATION
The applicant is requesting a general rezoning from R (Residential) to B‐2 (Neighborhood Shopping). The
requested rezoning is consistent with the Person County Land Use Plan and abuts B‐2 zoning for the City
of Roxboro to the east and south.
According to Article VII Section 70 of the Person County Planning Ordinance, the purpose of the B‐2 District
shall be to provide for small clusters of retail service and other commercial development which would be
compatible with nearby residential areas.
Planning staff recommends approval of the proposed general rezoning RZ‐01‐19 based on the Person
County Land Use Plan and the Future Land Use Map contained within the Land Use Plan. This zoning is a
general rezoning request, and therefore, no conditions can be placed on the approval and no site plans
can be approved with the request.
REASONABLENESS AND CONSISTENCY STATEMENT
The Board of Commissioners is required to make a motion that includes a Statement of Reasonableness
and Consistency when voting on the proposed rezoning/map amendment request.
Reasonableness and Consistency Statement: 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.
PLANNING BOARD RECOMMENDATION
At the May 9, 2019 meeting of the Planning Board, the Board voted unanimously (7‐0) to recommend
approval of RZ‐01‐19 and 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.
Submitted by: Lori Oakley, Planning Director
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APPENDIX C
TABLE OF PERMITTED USES
(Amended: 5/18/92; 11/17/92; 4/4/94; 7/11/94; 2/19/96; 6/3/96; 7/8/96; 5/5/97; 12/6/99; 5/4/2001; 12/1/2003;
6/6/2005; 11/1/2004; 11/19/2007; 11/3/2008; 12/1/2008; 4/20/2015; 9/6/2016; 10/2/17)
• Industrial and manufacturing operations are allowed as a use by right or with a special use permit in any
zoning district, except Residential (R). Please see NOTE 2 for additional information and standards.
• Districts in which particular uses are permitted as a Use-By-Right are indicated by "X". Districts in which particular
uses are permitted as a Use-By-Right with certain conditions are indicated by "X" with a reference to a footnote to
this Table.
• Districts in which particular uses are permitted as a conditional use upon approval of the Board of Adjustment are
indicated by "C". See Section 73 for details in obtaining a conditional use permit.
• District in which particular uses are permitted as a special use upon approval of the Board of Commissioners are
indicated by "S". See Section 74 for details in obtaining a Special Use Permit.
PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
ACCESSORY BUILDING X X X X X
ACCESSORY USES INCIDENTAL TO ANY PERMITTED USE (SEE NOTE 1) X X X X
ADOPTION SERVICES X X
ADVERTISING AGENCIES X X X
AGRICULTURAL OR FARM USE EXEMPT FROM ZONING ORDINANCE
AIRCRAFT EQUIPMENT, PARTS AND SUPPLIES (*SEE NOTE 5) X X* X
AIRLINE TICKET AGENCY (*SEE NOTE 5) X X X* X
AIRPORT OPERATIONS (SEE SECTION 92 AND NOTE 5) S S S X* S
AIRSTRIPS, (PRIVATE) /HELIPORT WITHOUT COMMERCIAL ACTIVITY (*SEE NOTE 8)(ADDED
5/7/01)
X* X* X* X* X*
ALCOHOLIC BEVERAGES PACKAGED, RETAIL SALE X X X
AMBULANCE SERVICE OR RESCUE SERVICE C X X S X
AMUSEMENT PARKS C X
ANIMAL MEDICAL CARE (INCLUDING KENNEL OPERATIONS C X X
ANTIQUE SHOPS C X X X
APPAREL AND ACCESSORY SALES X X X
APPLIANCE (MAJOR) SALES AND REPAIR X X X
APPLIANCE (SMALL) SALES AND REPAIR X X X
ART AND CRAFT SUPPLIES X X X
ART GALLERY X X X
AUCTION SALES (EXCLUDING LIVESTOCK AUCTIONING) S X X
AUTOMOBILE OFF-STREET PARKING, (COMMERCIAL) X X X X
AUTOMOBILE PARTS AND ACCESSORY SALES X X X
AUTOMOBILE REPAIR AND/OR BODY WORK (EXCLUDING COMMERCIAL WRECKING,
DISMANTLING OR STORAGE OF JUNKED VEHICLES) (amended 12/1/2008)
X S
AUTOMOBILE RENTALS AND LEASING (*SEE NOTE 5) X X X* X
AUTOMOBILE SALES, NEW AND USED C X X
AUTOMOBILE SERVICE STATION OPERATIONS X X X
BANK, SAVINGS AND LOAN COMPANY AND OTHER FINANCIAL ACTIVITIES X X S X
BARBER OR BEAUTY COLLEGE INSTRUCTION X X X
BARBERING AND HAIR DRESSING SERVICES X X X
BED AND BREAKFAST INNS, BOARDING AND ROOMING HOUSES, AND TOURIST HOMES C X X
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PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
BICYCLE SALES AND REPAIR X X X
BLACKSMITH C X
BOATS AND ACCESSORIES, RETAIL SALES AND SERVICE C X X
BOOKS AND PRINTED MATTER, DISTRIBUTION X X
BOOK STORES X X X
BOWLING ALLEY X X X
BREWERY (Added 10/2/17) S S
BRIDAL SHOPS X X
BUILDERS SUPPLY X X
BUS REPAIR AND STORAGE TERMINAL ACTIVITIES (amended 12/1/2008) X S
BUS STATION ACTIVITIES (*SEE NOTE 5) C X X* X
CAMPER/RECREATIONAL PARK (Amended 8/2/2010) S S S S
CARPET AND RUG CLEANING X X X
CARWASH X X X
CATALOG SALES X X X
CATERING X X X
CELLULAR TELEPHONE SALES AND SERVICES X X X
CEMETERIES - CHURCH OR FAMILY X X X S X
CEMETERIES – COMMERCIAL C C C X
CHEMICAL RETAIL SALES X X
CHURCH, TEMPLES, SYNAGOGUES C C C S X
CLINIC SERVICES, MEDICAL AND DENTAL C X X S X
CLUB OR LODGE C C C X
COAL SALES AND STORAGE (amended 12/1/2008) X S
COLD STORAGE PLANT (amended 12/1/2008) X S
COMMERCIAL MODULAR BUILDING (ADOPTED 5/5/97) X X X
COMPUTER SALES, AND/OR PROGRAMMING SERVICES X X X
CONSTRUCTION, TRADES (*BUILDING, HEATING, ELECTRICAL, PLUMBING, FIRE SPRINKLER
AND OTHERS) (EXCLUDING OUTSIDE STORAGE OF EQUIPMENT OR SUPPLIES) *amended
11/19/2007
C X X X
CONSTRUCTION, TRADES (WITH OUTSIDE STORAGE OF EQUIPMENT OR SUPPLIES) X X
CONTRACTOR, GENERAL (EXCLUDING OUTSIDE STORAGE OF EQUIPMENT OR SUPPLIES) X X X
CONTRACTOR, GENERAL (WITH OUTSIDE STORAGE OF EQUIPMENT OR SUPPLIES) X X
CONVENIENCE STORES C X X X
COUNTY GOVERNMENTAL FACILITY (ADOPTED 2/3/97) C X X X
CURIO AND SOUVENIR SALES X X X
DAY CARE CENTER C C C S X
DISTILLERY (Added 10/2/17) S S
DRY CLEANING AND LAUNDRY X X X
DWELLING, SINGLE-FAMILY X X X X
DWELLING, TWO-FAMILY AND GARAGE APARTMENTS C C C X
DWELLING, MULTIPLE-FAMILY (SEE SECTION 80) S S S X
EATING OR DRINKING FACILITIES (amended 12/1/2008) X X S
ELECTRICAL / ELECTRONIC EQUIPMENT AND SUPPLY SALES X X X
EMPLOYMENT AGENCIES X X X
EXPLOSIVE STORAGE AND DISTRIBUTION FACILITIES (AMENDED 5/18/92) S S
EXTERMINATING SERVICE C X X
FAMILY CARE HOME X X X X
FARM MACHINERY SALES AND SERVICING C X X
FARM SUPPLIES MERCHANDISING (EXCLUDING FARM MACHINERY) X X X
FERTILIZER MANUFACTURE (amended 12/1/2008) S S
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PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
FIRE STATION AND LAW ENFORCEMENT OPERATIONS C X X X X
FLOOR COVERING SALES X X X
FLOWER SHOP X X X
FUNERAL HOME C X X X
FURNITURE RETAIL SALES X X X
GAME AND SPORTS FACILITIES (AMENDED 5-18-92) S S
GLASS SALES AND INSTALLATION X X X
GOLF COURSES C X X X
GROCERY RETAIL X X X
GROCERY, WHOLESALE X X
GROUP HOME FOR DEVELOPMENTALLY DISABLED ADULTS X X X X
GUNSMITH X X X
HARDWARE, PAINT AND GARDEN SUPPLY SALES X X X
HEALTH SPAS, FITNESS CENTER (amended 2/7/2011) X X X
HISTORICAL PRESERVATION COMMERCIAL USE C X X X
HOME FOR THE AGED C C X X
HOME FURNISHINGS AND APPLIANCE SALES X X X
HOSPITAL OR SANITARIUM CARE (EXCEPT FOR THE INSANE, FEEBLE-MINDED AND ADDICTED)
(amended 12/1/2008)
C X S
INDUSTRIAL SEE NOTE 2
INSURANCE AGENCIES X X X
INTERIOR DECORATOR X X X
JANITORIAL SERVICE X X X
JEWELERS X X X
KARATE AND OTHER MARTIAL ARTS INSTRUCTION X X X
KENNEL OPERATIONS, CARE C C X
LANDSCAPE CONTRACTOR C X X
LIBRARY C X X X
LIVESTOCK SALES AND AUCTIONS (amended 12/1/2008) S S
LOCKSMITH X X X
MANUFACTURED HOME FOR TEMPORARY DWELLING DURING CONSTRUCTION OF
PERMANET DWELLING (ADOPTED 5/5/97) SEE NOTE 7
MANUFACTURING SEE NOTE 2
MANUFACTURED HOME (INDIVIDUAL) FOR RESIDENTIAL OCCUPANCY-CLASS A (REV.
5/5/97) SEE NOTE 6
MANUFACTURED HOME (INDIVIDUAL) FOR RESIDENTIAL OCCUPANCY-CLASS B (Rev.
5/5/97) SEE NOTE 3
MANUFACTURED HOME (INDIVIDUAL) FOR RESIDENTIAL OCCUPANCY - CLASS C (Rev.
5/5/97) SEE NOTE 3
MANUFACTURE HOMES SUPPLIES AND EQUIPMENT SALES C X X
MANUFACTURED HOMES UNDER THE HARDSHIP CLASS A, B AND C SEE NOTE 4
MARINAS X X X
MOBILE HOME PARK BUT EXCLUDING ANY MOBILE HOME SALES (AMENDED 11-17-92,
7/11/94)
S S S S
MOBILE HOME SALES AND SERVICE X X
MODULAR HOMES (AMENDED 11-17-92) X X X X
MONUMENT SALES X X X
MOTEL, HOTEL OR MOTOR COURT OPERATIONS X X
MOVIES, VIDEO SALES AND RENTALS X X X
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PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
MOVING AND STORAGE OPERATIONS (amended 12/1/2008) X S S
MUSICAL INSTRUMENT SALES X X X
NEWSSTAND SALES X X X
NONHAZARDOUS, NON-TOXIC SOLID WASTE DISPOSAL (ADOPTED 5-18-92) S S S S S
NURSERY OPERATION (PLANT) - AGRICULTURAL X X X X
NURSING HOME C C C X
OFFICE AND PROFESSIONAL OFFICE (ADOPTED 12/6/99) C X X X X
OFFICE SUPPLIES AND EQUIPMENT SALES AND SERVICE X X X
PAINTING CONTRACTORS X X X
PAVING CONTRACTORS (amended 12/1/2008) S
PAWN SHOP X X X
PET SALES, EXCLUDING KENNEL ACTIVITIES OR OUTSIDE STORAGE OF ANIMALS X X X
PHARMACEUTICAL SALES, RETAIL X X X
PHOTOGRAPHY, COMMERCIAL X X X
PLANNED BUILDING GROUP (SEE ARTICLE VIII, SECTION 80) (ADDED 12/1/03) S X X S
POST OFFICE X X X X
PRIVATE RECREATION CLUB OR SWIMMING CLUB ACTIVITIES NOT OPERATED AS A BUSINESS
OR PROFIT (amended 12/1/2008)
C C C S S
PRIVATE RECREATION FACILITIES FOR PROFIT (AMENDED 5/18/92, 7/8/96) S S S S S
PUBLIC RECREATIONS (SUCH AS COMMUNITY CANTER BUILDINGS, PARKS, MUSEUMS,
PLAYGROUNDS, AND SIMILAR FACILITIES OPERATED ON A NONPROFIT BASIS)
C C C X
PUBLIC UTILITY STATION, BULK STATION OR SUBSTATIONS (amended 12/1/2008) C C C S S
PUBLIC UTILITY WORKS, SHOPS OR STORAGE YARDS X
QUARRY OPERATIONS S S
RADIO OR TELEVISION STUDIO ACTIVITIES ONLY X X
RADIO, TELEPHONE AND TV TRANSMITTING TOWER
(SEE ARTICLE VII & IX) (AMENDED 11/6/95) (*SEE NOTE 9)
S X X X S
RAILROAD STATION OPERATIONS (amended 12/1/2008) C S S
RAILROAD YARD OPERATIONS S X
REAL ESTATE AGENCIES X X X
RECEPTION CENTERS FOR RECYCLING C X X
REDUCING SALON CARE X X X
REPAIR, RENTAL AND/OR SERVICING OF ANY PRODUCT THE RETAIL SALE OF WHICH IS A USE-
BY-RIGHT IN THE SAME DISTRICT AND NOT OTHERWISE LISTED HEREIN
X X X
REST HOMES C C C X
RETAILING OR SERVICING OPERATIONS C X X
SALVAGE OPERATION/JUNKYARD - COMMERCIAL S S
SECOND HAND AND SWAP SHOP SALES X X X
SCHOOL, PRIVATE OR PUBLIC (ELEMENTARY, SECONDARY, OR HIGHER LEVEL) (amended
12/1/2008)
C C X X C
SOLAR ENERGY SYSTEMS (Added 10/2/17) SEE NOTE 10
SPORT SHOPS X X X
STABLES, HORSE (AMENDED 4/4/94) X S X
STEREOPHONIC AND HIGH FIDELITY EQUIPMENT AND SUPPLY SALES X X X
STORAGE, COAL BY PRODUCTS S C
STORAGE, FLAMMABLE (amended 12/1/2008) C S C
STORAGE, HAZARDOUS, TOXIC AND RADIOACTIVE WASTE NOT PERMITTED IN
ANY DISTRICT
STORAGE, HOUSEHOLD AND COMMERCIAL C X X
STORAGE, OPEN (amended 5-4-01) C C S
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PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
TANNING SALONS X X X
TAXICAB STAND OPERATIONS (*SEE NOTE 5) X X X* X
TEACHING OF ART, MUSIC, DANCE, DRAMATICS, OR OTHER FINE ARTS C X X X
TEMPORARY CONSTRUCTION BUILDING (Amended 6/6/2005) X X X X X
THEATER PRODUCTIONS S X X X
TIRE RECAPPING X X
TIRE SALES CENTERS X X X
TOBACCO SALES X X X
TRAVEL AGENCIES (*SEE NOTE 5) X X X* X
TRUCK STOP X
TRUCK TERMINAL ACTIVITIES REPAIR AND HAULING AND/OR STORAGE X
VARIETY, GIFT AND HOBBY SUPPLY SALES X X X X
WINERY (ADDED 11/1/2004) S X
WHOLESALE DISTRIBUTION OF BUILDING AND REMODELING PRODUCTS (REVISED 6/3/96) X X X X
WHOLESALE SALES WITH OPERATIONS CONDUCTED AND MERCHANDISE STORED ENTIRELY
WITHIN A BUILDING AND NOT OTHERWISE LISTED HEREIN
X X X X
NOTES TO THE TABLE OF PERMITTED USES
NOTE 1- HOME OCCUPATIONS
(Amended 9/7/94, 3/18/96)
A home occupation is an occupation carried on in a dwelling unit or accessory building in accordance
with the following.
1. The use is an incidental use to the residential property.
2. The home occupation shall not generate significantly greater volumes of traffic
than would be expected in that residential neighborhood.
3. No more than one (1) person other than the resident of the dwelling are to be
engaged in the home occupation.
4. No more than twenty-five percent (25%) of the total heated floor area of the
principal structure shall be used for the home occupation.
5. One hundred percent (100%) of an accessory structure may be used for the
home occupation: (1) if located to the side or the back of the principal
structure; and (2) the total floor area of the accessory structure does not
exceed fifty percent (50%) of the gross floor area of the principal structure.
6. The exterior of any structure (principal or accessory) shall not be built or
altered in any manner nor shall the occupation be conducted in such as way as
to cause the premises to substantially differ from its' residential character in
exterior appearance.
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7. The outside storage or exterior display of merchandise, products or materials,
is prohibited.
8. Required parking for a home occupation shall be met off the street and not in
a required front or side yard setback.
9. Signage shall comply with Article XII, Section 125.
10. All residential properties served by a well and/or sewage disposal system must
have said systems evaluated (when applicable) in accordance with North
Carolina General Statutes and local regulations.
11. The use shall not emit any obnoxious or offending noise, dust, vibration, odor,
smoke, fumes, glare, electrical interference, interference to radio or television
reception beyond what normally occurs in the applicable zoning district, and
shall not present a fire hazard.
12. The on premise sale and delivery of goods which are not produced on the
premises is prohibited, except in the case of the delivery and sale of goods
incidental to the provision of a service.
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NOTE 2 – INDUSTRIAL AND MANUFACTURING OPERATIONS
(Amended 3/18/96; 2016)
TYPE OF
INDUSTRIAL
USE
GENERAL DESCRIPTION, INTENT AND STANDARDS EXAMPLES OF USES
Light
Industrial (LI)
Light industrial uses are prohibited in the Residential (R) District.
Uses in this category are a use by right unless located within 250’
of a residential structure as measured from the outside wall of any
structure closest to the property line, inclusive of easements and
rights of way.
Uses that include structures located within 250’ of an adjacent
residential use may be approved with a special use permit.
Vegetative and/or structural buffers shall be required when light
industrial land uses are adjacent to or across from, any residential
use regardless of the distance separating uses (For additional
information, please see Setback Requirements – Section 75)
Typical uses may include offices, research and development
laboratories; light, precision and/ or advanced manufacturing
including manufacture, assembly and repair. Offices and light
manufacturing (secondary processing) are permitted as well as
building materials storage and sales, self-storage, and contractors
and construction yards and distribution of goods produced on site.
The intent of these categories is to provide development
standards that promote the development of industrial and
manufacturing operations without compromising the health,
safety and welfare of properties adjacent to and in the vicinity of
the project area. Included in this category are uses that shall have
minimal impacts on the public health, safety and welfare.
The distinctions used in this category closely follow the NAICS
definitions. Manufacturing establishments are located in plants,
factories, or mills and employ power-driven machines and
materials-handling equipment. They may also employ workers
who create new products by hand, without the characteristic
machinery-intensive enterprise. Many manufacturing
establishments process products of agriculture, forestry, fishing,
mining, or quarrying as well as products of other manufacturing
establishments. The subcategories reflect sectors with distinct
production processes related to material inputs, production
equipment, and employee skills. Most manufacturing
establishments have some form of captive services (e.g., research
and development, and administrative operations, such as
accounting, payroll, or management). These are functionally the
same as the primary establishment. However, when such services
are provided by separate establishments, they will be evaluated as
either light or heavy industrial in their own right. If needed,
Person County Planning and Zoning staff should rely on the NAICS’
• Manufacture, assembly, repair
or servicing of light industrial
goods and products;
business or consumer
machinery; equipment,
products or by-products;
• Construction storage;
• Commercial bakery;
• Crematorium;
• Cold storage plant;
• Coal sales and storage;
• Equipment rental;
• Exterminator;
• Janitorial / building
maintenance service;
maintenance yard facility;
• Manufacture, assembly and
repair of computer
components including semi-
conductors; precision
instruments; electrical /
electronic; toys; solar and wind
energy components;
telecommunication equipment;
advanced textiles;
transportation equipment
components;
• Sheet metal shop;
• Bottling;
• Storage area for manufacturing
welding, machine and tool
repair;
• Woodworking, cabinet making,
and/or furniture manufacturing
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119
activity dimension to differentiate between an office activity and a
factory activity for such establishments.
Industrial operations involving the manufacturing, processing,
fabrication of acetylene gas (except for use on premises),
ammunition, explosives, fireworks, gunpowder, or matches shall
not be allowed in any district. (Amended 5/18/92)
A special use permit shall be required for industrial uses not
specifically permitted as a "Use-By-Right" in any district except
Residential (R).
TYPE OF
INDUSTRIAL
USE
GENERAL DESCRIPTION EXAMPLES OF USES
Heavy
Industrial
(HI)
Heavy industrial uses are prohibited in the Residential (R) district.
Uses in this category would generally be consider a use by right
unless the property line and/or operations and facilities are
located within 2640’ of a residential structure in any zoning district
or if located in the Rural Conservation district.
This District is generally for those industrial uses where the
impacts to the public health, safety and/or welfare are greatest.
These industrial uses typically have large land requirements and
require the outdoor storage of materials. In addition to most of
the industrial uses permitted in the LI District, uses involving the
primary processing of materials such as metal refining, plastics,
pulp and paper, animal rendering, clay sand or gravel processing
are permitted as of right.
The Director of Planning may use discretion to consider uses not
specifically listed here as long as these meet the intent of the
definition. The Planning Director shall provide a summary
supporting of their interpretation for the record.
The distinctions used in this category closely follow the NAICS
definitions. Manufacturing establishments are located in plants,
factories, or mills and employ power-driven machines and
materials-handling equipment. They may also employ workers
who create new products by hand, without the characteristic
machinery-intensive enterprise. Many manufacturing
establishments process products of agriculture, forestry, fishing,
mining, or quarrying as well as products of other manufacturing
establishments. The subcategories reflect sectors with distinct
production processes related to material inputs, production
equipment, and employee skills. Most manufacturing
establishments have some form of captive services (e.g., research
• Animal Processing, Packing,
Treatment and Storage
Livestock Slaughtering,
Processing of Food and Related
Products
• Production of Chemicals,
Rubber, Leather, Clay, Bone,
Plastic, Stone, Glass, Fertilizer
• Production of Fabrication of
Metals or Metal Products
(enameling, galvanizing,
sawmill)
• Asphalt and concrete plants
• Power generating plants,
including the storage of ore,
coal, atmospheric gas, grain,
petroleum and other materials
used to produce power
• Hazardous material disposal
• Commercial wrecking, junk or
salvage yard
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120
and development, and administrative operations, such as
accounting, payroll, or management). These are functionally the
same as the primary establishment. However, when such services
are provided by separate establishments, they will be evaluated as
either light or heavy industrial in their own right. If needed,
Person County Planning and Zoning staff should rely on the NAICS’
activity dimension to differentiate between an office activity and a
factory activity for such establishments.
Industrial operations involving the manufacturing, processing,
fabrication of acetylene gas (except for use on premises),
ammunition, explosives, fireworks, gunpowder, or matches shall
not be allowed in any district. (Amended 5/18/92)
A special use permit shall be required for industrial uses not
specifically permitted as a "Use-By-Right" in any district except
Residential (R).
Industrial Additions:
1. If otherwise in compliance with applicable provisions of the ordinance and other rules or
regulations, the Zoning Administrator may approve or approve with conditions an
application to expand a principal structure, or parking and circulation areas, by not more
than 10 percent (10%) of those respective areas as reflected in a Special Use approved by
the Board of Commissioners, or as in existence at the time zoning became effective as to
the zoning lot, whichever is applicable. This ten percent limitation shall apply whether
reached in one increment or in more than increment over time.
Prior to making a final decision on any such application, the applicant shall cause notice
of the proposal in a form approved by the Administrator to be given by first class mail to
all property owners within five (500) feet, as shown on the County's tax records, of the
zoning lot. The Zoning Administrator shall afford the notified property owners ten (10)
days within which to comment before mailing a final decision on the application. The
Zoning Administrator shall notify the Planning Boards at its next regular meeting of any
application approved or approved with conditions under this section.
If, in the judgment of the Zoning Administrator, the application presents significant issues
affecting the public health, safety and welfare, he/she shall refer the application to the
Planning Board for approval, denial, or approved with conditions. In such cases, the
applicant shall cause notice of the Planning Board meeting in a form approved by the
Zoning Administrator to be
given by first class mail to all property owners within five hundred (500) feet, as shown
on the County's tax records, of the zoning lot.
2. If otherwise in compliance with applicable provisions of this ordinance and other rules or
regulations, the Planning Board May approve an application to expand a principal
structure, or parking and circulation areas, by not more than fifteen percent (15%) of
those respective areas as reflected in a Special Use approved by the Board of
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121
Commissioners, or as in existence at the time zoning became effective as to the zoning
lot, whichever is applicable. This fifteen percent limitation shall apply whether reached in
one increment or in more than one increment over time.
NOTE 3 - MANUFACTURED HOMES, CLASS B AND CLASS C
(See Note 6 for Manufactured Homes, Class A)
(Amended 7/11/94, 11/6/95, 5/5/97)
A 'Class B' manufactured home shall be a permitted use in the Residential (R) and Rural
Conservation (RC) Zoning Districts provided that:
(1) The exterior finish is in good repair and the exterior materials are comparable in composition,
appearance and durability to the exterior siding commonly used in standard residential
construction. Acceptable materials for the exterior of such homes include but are not limited to
vinyl or aluminum horizontal lap siding (whose reflectivity does not exceed that of gloss white
paint), wood, or hardboard.
(2) The manufactured home is set up in accordance with the standards set by the North Carolina
Department of Insurance and a continuous, permanent masonry foundation or masonry curtain
wall, unpierced except for required ventilation and access, is installed under the perimeter of
the manufactured home;
(3) The roofing materials are compatible with those used in standard residential construction;
(4) The wheels, axles, transporting lights and towing apparatus have been removed
(5) Stairs, porches, entrance platforms and other means of entrance and exit to the home are
installed or constructed in accordance with the North Carolina State Building Code, Volume VII -
Residential.
A Class B manufactured home meeting conditions 1 through 5 above shall be a conditional use in
the Highway Business (B-1) and Neighborhood Business (B-2) Zoning Districts except when located
within a mobile home park.
A Class C manufactured home meeting conditions 1 through 5 above shall be a conditional use in
the Residential (R) and Rural Conservation (RC) Zoning Districts and
shall not be permitted in the Highway Business (B-1) nor Neighborhood Business (B-2) Zoning
Districts except when located within a mobile home park.
Class B and Class C manufactured homes may be used only for residential purposes and may not be
used for storage accessory buildings, utility buildings nor shops.
All standards of this ordinance must be met before a Certificate of Compliance is issued by the
Person County Inspection Department.
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122
Class B and Class C manufactured homes not meeting requirements (1) through (5) above may be
located in a mobile home park subject to the provisions of the Person County Mobile Home Park
Ordinance. (Rev. 5/5/97)
NOTE 4 - MANUFACTURED HOMES, HARDSHIP
The Board of Adjustment may grant temporary permits for placing mobile homes for dwelling
purposes to the rear or side of a dwelling located on a residential lot in certain hardship cases when
the Board of Adjustment finds that:
(1) The person or persons occupying the mobile home are physically dependent
upon the person or persons occupying the dwelling house, or that the person
or persons occupying the dwelling house are physically dependent upon the
person or persons occupying the mobile home.
(2) The water and sewage facilities are approved by the District Health
Department.
(3) One of the following types of relationships exists between the occupants of
the manufactured home and the occupants of the principal dwelling unit:
1. Blood relationship.
2. Relationship by marriage.
3. Legal guardian relationship established by law.
4. The attendant is compensated for his or her services and is providing care
for not more than two related persons.
(4) The manufactured home meets requirements 1 through 5 in NOTE 3
MANUFACTURED HOMES, CLASS B AND CLASS C in APPENDIX C, NOTES TO
THE TABLE OF PERMITTED USES.
The permit shall expire after one (1) year and shall be renewable upon similar findings by the Zoning
Administrator or by the Board of Adjustment. When the hardship ceases to exist, the permit shall
automatically be revoked and the mobile home removed. When
any of the terms, conditions, or restrictions imposed on the conditional use are not being complied
with, the Zoning Administrator shall rescind and revoke such permits
after notifying all parties concerned by letter and granting full opportunity for a public hearing.
Any mobile home approved by the Board of Adjustment under the hardship provisions prior to the
date of this amendment shall be included in the above restrictions with regard to expiration of
permits after one (1) year from the date of issuance and all such permits shall be renewed within
one (1) year of the date of this amendment. (Rev. 5/5/97)
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123
NOTE 5 - AIRPORT OVERLY
1. Use specifically permitted only in the Airport Overlay, provided in accordance with applicable
ordinance provisions.
NOTE 6 - MANUFACTURED HOMES, CLASS A
A Class A manufactured home shall be a permitted use in the Residential (R), Highway Business (B-
1). Neighborhood Business (B-2) and Rural Conservation (RC) Zoning Districts provided that:
(1) The manufactured home is listed and assessed as real property;
(2) All roof structures shall provide an eaves projection of no less than six inches, which may
include a gutter;
(3) The exterior siding consists predominantly of vinyl or aluminum horizontal lap siding (whose
reflectivity does not exceed that of gloss white paint), wood, or hardboard, comparable in
composition, appearance and durability to the exterior siding commonly used in standard
residential construction;
(4) The manufactured home is set up in accordance with the standards set by the N.C.
Department of Insurance and a continuous, permanent masonry foundation or masonry
curtain wall, unpierced except for required ventilation and access, is installed under the
perimeter of the manufactured home;
(5) Stairs, porches, entrance platforms, ramps and other means of entrance and exit to and from
the home shall be installed or constructed in accordance with standards set by the North
Carolina State Building Code, Volume VII - Residential ; and
(6) The moving hitch, wheels and axles, and transporting lights have been removed.
A Class A manufactured home may be used only for residential purposes and may not be used for
storage, accessory buildings, utility buildings nor shops. All standards of this ordinance must be met
before a Certificate of Compliance is issued by the Person County Inspection Department.
A Class A manufactured home not meeting criteria (1) through (6) above may be located in a mobile
home park subject to provisions of the Person County Mobile Home Park Ordinance.
(Adopted 5/5/97)
NOTE 7 - MANUFACTURED HOME FOR TEMPORARY DWELLING DURING CONSTRUCTION OF A
PERMANENT DWELLING
The Board of Adjustment may grant a conditional use permit to allow the temporary placement of a
manufactured home for dwelling purposes on a lot during construction or installation of a
permanent residential unit on that lot provided that:
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(1) A building permit has been issued for construction of the permanent home;
(2) The construction of the permanent home is started within six (6) months from placement of
the manufactured home on the lot and is completed within three (3) years from the date of
approval of the conditional use permit. At the discretion of the Board, the duration of the
conditional use permit may be extended a maximum of five (5) years from the date of
approval of the permit to allow completion of the permanent home;
(3) The exterior finish is in good repair and the exterior materials are comparable in
composition, appearance and durability to the exterior siding commonly used in standard
residential construction. Acceptable materials for the exterior of such homes include but are
not limited to vinyl or aluminum horizontal lap siding (whose reflectivity does not exceed
that of gloss white paint), wood, or hardboard; and
(4) The manufactured home is set up in accordance with the standards set by the North Carolina
Department of Insurance.
The manufactured home must be removed from the lot within thirty (30) days following issuance of
the Certificate of Occupancy of the permanent home.
Should any of the terms, conditions or restrictions imposed on the conditional use permit be
violated, the Zoning Administrator shall rescind and revoke such permits after notifying by letter all
parties concerned and granting them full opportunity of a hearing. When such a conditional use
permit is revoked, the manufactured home for which it was issued must be removed from the
property within thirty (30) days after the revocation is final. (Adopted 5/5/97)
NOTE 7A – TEMPORARY EMERGENCY USE OF CAMPER/RECREATIONAL VEHICLE
(Added 8/2/2010)
Temporary emergency use of a camper/recreational vehicle is allowed for a period of six months in
the event of a fire, flood or other natural disaster which has made the principal dwelling
uninhabitable. The temporary use must be located on the same lot and a zoning permit is required.
The zoning permit may be renewed for one additional six month period.
The Board of Adjustment may grant a Conditional Use Permit to allow the temporary use of a
camper/recreational vehicle for dwelling purposes during the construction or installation of a
permanent residential unit provided that:
1. A building permit has been issued for construction of the permanent home.
2. Approval is for a period of one year. Applicant shall only be allowed one
reapplication for the same lot.
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3. The camper/recreational vehicle cannot be used for residential purposes on the same
lot once the certificate of occupancy is issued or the time allowed by the Conditional
Use Permit has expired.
NOTE 8 – PRIVATE AIR STRIP/HELIPORT (ADDED MAY 7, 2001)
Private airstrip/heliport without commercial activity. No zoning permit required.
NOTE 9 – RADIO, TELEPHONE AND TV TRANSMITTING TOWER
Towers located in B1, B2 or GI Districts require a Special Use Permit if located adjacent to a
residential use.
Setbacks for Radio, Telephone and TV Transmitting Towers will be equal to the height of the
tower unless the fall-zone is certified to be less than the height of the tower.
Lattice towers, or self-supporting towers, with a triangular base tapered to the top and
engineered with break-points may be setback a distance ½ their height
At a minimum, towers in all Districts are subject to the standards of the Table of Dimensional
Requirements (Table 75; page 64).
There are no height limitations for towers except as specified by the Federal Aviation
Administration (FAA) in the vicinity of the Person County Airport.
NOTE 10 – SOLAR ENERGY SYSTEMS (SES) (Added 10/2/17)
An SES established prior to the effective date of October 2, 2017 shall not be subject to these
special requirements with the following exception: modifications to existing SES that increase
the area by more than 5% of the original footprint or change the solar panel type (e.g.
photovoltaic to solar thermal) shall be subject to all requirements.
Solar Energy Systems must meet all requirements set forth in Note 2. Solar Energy Systems must
meet all setback requirements (see Section 75).
Following a continuous period of six months in which no electricity is generated, the owner of
the solar farm, or in the solar farm owner's absence, the owner of the real property upon which
it is located, shall decommission the solar farm by removing within six months all solar panels,
buildings, cabling, electrical components, and any other improvements and must return the
property to a natural state with plantings approved by the planning director. Prior to the
insurance of a zoning compliance certificate, the county must receive a performance guarantee
in favor of the county in an amount equal to 1.25 times the estimated decommissioning cost as
determined by a North Carolina licensed engineer. The performance guaranty must be
satisfactory to the planning director and may include a performance bond, irrevocable letter of
credit, cash deposit or other surety approved by the Planning Director.
23
RZ-01-19
24
Courier Times
April 27, 2019 and May 4, 2019
Unanimous approval (7-0) and included the statement of reasonableness and
and consistency included in the staff report.
June 3, 2019
May 22, 2019 and May 29, 2019
25
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0 v::>o -<' 1· \>· <$)'<' ,() CD Arcess D"-~ fuW\ LMvu 1),. % ~ < ~ /~ '-/.o~ ,,· _j\\\\J'.oY,6 / ✓/"'~-' ,i'/ ✓// 0 /2/ -<' /· -<' (i1),ry ~ \' 0 '< . ,;-',i// ~-_,, .. / /~Qr// /46 , .. , ~ / / ;,,sP , / _,./4_\~•:f / ,,,<__N·!l.._~ Jl.·t/-W ,o \ / . , / '(_:}'-CO' / 'i': 0 ///:/.§> I () h•" ~ ' I ~. ~ i I, I ~, cccmld monuG? / ~\l Lt!/ tounJ .-J---1"' /4f'l' ,., . ' <,.s>~.l I < li-~01l I ~• ~ ;,'.,;' I 1r§' '" "o., "%.,,_>. '1, ..o,... ,::;> 0-0 0 . "~ "~ 'b "'" "'~ '<<$) '<' °o_ / ·~~ ,,/ ,;•• \/~,··, / ·t0'),1 _,,. ;-I· f!. .,,...,.,. __ ,,,...-,( \ "' ccncre:e tnCJ'/>Jrr,;;111 lc,w,J (5j'· 5.J5.f4-/,9.,¥ -124. 91' l()!O/ i: ZOJ co· (12. TJ 8flr1r Pmperl1es( \ Ronme J Poole prop LE&'ENQ, comer IIJunJ -,r mYI pin set 0 % 0'? ('< ( ./ Gar/ Morns) : 0 8 I 70, p 506' ' ' f~ti~!~.~ t>~w ~-b f;)./8 .1? :,:; ~<i l'l~ I~ ~~ <\: .. p r~ec.,-l-e.cL s ;+e., p {aM., Property of J. F. DUNN ESTATE ( .-," ·0"' O'qoq.~ -0 ~-,,...-51 ~-"' ~ -:' i l~,,,} ,o • i;f t/ -l.te ~" Roxboro Twp., Person Co., N. Carolina May /983, Ha/1-Hamlelt 8 Assoc. Scale t" = 100' ~ i~_E:=1--'~'i-..c;__;_;.---E,..C _;if '·---~-{ Neal C. Hamlett RLS 2465 ••• I 1 ~-~ "' •q ~ J,. \lJ 1 • i -~.,_ 11 ~,, l 11· \) 5 ti t! ~ ~ ~11,_ _ _t, • Pers(fl 5r, '!.l ~ ,., , , 1-1:,;,, $:IIOCI °3 ~ "(n ~, \ " ,J I .f) ~ •J ~ ~\}. '(" ~ I ~ ~ " 1l ;; ~ ,': ,_~ ~' .. , :~s~:~.,,~ ~·\ ~~ ~~~~-~J!~\:~ VICINITY MAP fr:: -~;l t:.~ -~L ? § ;;' ·" " ·;; g J 10, ~1s ·z,'3 ,i:. t r,} · na,I fcund at bltJ09um .-.... ~ ,,,•' -~ ,~J/01~ /~1?\.i;;;~Yt:5·tf / .... ~, . J { 'l•-A!; 1 \ ~ t21ti5 ~ .. • v"A ·\ • \ ~<2.:.½'.':\~0l ",,,,;"t C ~\J\~ ~,,,~ 11''ll1u,n1V "\,,,1111111,,,, ,., .. ,\,( \...EE f; ,,,,,. /')!:--✓,... ..... D-1</\, ~(;) . g t\or:-1n ~ \ ( l'UtJt\\l j ~ .-¢••. '-'" F ,,,, '%-o."• ....... •:i, ". l ',,,,, w court\ ~'\\,, 1111111t1111111'° ,) 2.$1(. ~00 z) 25'(Ll30 3~ 25 )(440 i+) ?'5 !<'4'10 iP-!ii~~!~\.\ /-l~WI C1\l!()LIN11. PERSON COIJNrY 1-_i;iP.,i,._C,,_/:-!Mv.E.r..r; cediiy tint under my supervision and directi,m this m,w was drawn fr•Jrti an actual fie!d ,ur>,<1;t and that th<:i wor of clr,t;ure is __ 1tL'5..D<..:;;:,,:, ___ ., Witne~s 1ny hJnd a/lrJ wal this \. .. ,3/ _<11¥ o!_-t'.LI\.-(-... --·.· _ , 1<'.I t~~ .. ~ .. .. lJ.P~.:Jla.~l-(;?rt~·"· Heijistered Lund Surveyor Thi,; r:lof wr.;s ~rt:pue,J m acct-YdOf10! .,,.,,, G.S. 4/-!O os c,r,enr.k-d )'JOHrll CAHOUN:\, PEllSOM COIJM ('( ,,. .. ~ L(',:~ __ t\4.l\ _______ , ~lot~1¥, PubliJ._ llt~l'f~ify th,JL.lL~.L' •. .JJ_!nle..\\.,.=:=_, S11r,,eyor, per$onally ~ppearerJ ;;eforl! me this day and ar.knowle,1{::,J thB due ex~•:•1tio11 vi' tn0 foregoin!:j lnstrurn~nt. Witn~:;s my hand awl Mylri,JI seal thi,;_o.l_.day o( __ _£~------, l\~~. ~ ~~~'t::W~,~~-~~~ ~~Gubli<: 5) 15 ,c {If') b) 2.5 x 41,W 7) is )( '-1-'·W ~,_) '') --.,,_ 27
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PERSON COUNTY BOARD OF COMMISSIONERSJune 3, 201934
Petition RZ-01-19 - A request by Stephen Wilson, on behalf of property owners John Harris and Charles Perkins, for a rezoning/map amendment from R (Residential) to B-2 (Neighborhood Shopping) on 11.46 acres (Tax Map & Parcel 132-3) located on Carver Drive.35
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ZONING & LAND USE■The property is currently zoned R (Residential). According to Article VII Section 70 of the Person County Planning Ordinance:–The purpose of this district is to provide for single family residential uses and compatible development. ■The proposed zoning district is B-2 (Neighborhood Shopping). According to Article VII Section 70 of the Person County Planning Ordinance:–The purpose of the B2 District shall be to provide for small clusters of retail service and other commercial development which would be compatible with nearby residential areas.40
COMPREHENSIVE PLANThe Person County Land use Plan identifies the proposed site as Suburban Residential. Suburban Residential is defined as:■Residential land uses including subdivisions and manufactured home parks at densities of 1-3 dwelling units per acre; commercial, office, industrial, public/institutional uses meeting locational criteria. Locational criteria for nonresidential uses within this land use category would include frontage and access to a major State highway or secondary road, proximity to similar uses and spatial separation from non-compatible uses such as existing residential development. Land uses within this category could develop with or without public sewer.Appendix O of the Land Use Plan lists goals and objectives for the county including the following:■2.1 – Promote continued economic investment through retention and expansion of existing industrial concerns and the recruitment of new industries and commercial businesses. ■2.2 – Encourage well-planned commercial establishments to provide necessary goods and services to area employers and residents. 41
PLANNING STAFF ANALYSIS & RECOMMENDATIONThe applicant is requesting a general rezoning from R (Residential) to B2 (Neighborhood Shopping). The requested rezoning is consistent with the Person County Land Use Plan and abuts B2 zoning for the City of Roxboro to the east and south. Planning staff recommends approval of the proposed general rezoning RZ-01-19 based on the Person County Land Use Plan and the Future Land Use Map contained within the Land Use Plan. This zoning is a general rezoning request, and therefore, no conditions can be placed on the approval and no site plans can be approved with the request. 42
REASONABLENESS AND CONSISTENCY STATEMENTThe Board of Commissioners is required to make a motion that includes a Statement of Reasonableness and Consistency when voting on the proposed rezoning/map amendment request. Reasonableness and Consistency Statement: 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. 43
PLANNING BOARD RECOMMENDATIONAt the May 9, 2019 meeting of the Planning Board, the Board voted unanimously (7-0) to recommend approval of RZ-01-19 and 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. 44
May 20, 2019
1
PERSON COUNTY BOARD OF COMMISSIONERS MAY 20, 2019
MEMBERS PRESENT OTHERS PRESENT
David B. Newell, Sr. Heidi York, County Manager
Gordon Powell C. Ronald Aycock, County Attorney
Jimmy B. Clayton Brenda B. Reaves, Clerk to the Board
Kyle W. Puryear
B. Ray Jeffers
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, May 20, 2019 at 9:00am in the Commissioners’ meeting room
in the Person County Office Building.
Chairman Newell called the meeting to order. Commissioner Powell offered an
invocation and Commissioner Puryear led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
agenda.
RECOGNITION:
RESOLUTION OF APPRECIATION FOR COUNTY RETIREE, REBECCA
GENTRY:
Chairman Newell read and presented a Resolution of Appreciation to Person
County retiree, Rebecca Gentry.
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May 20, 2019
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INFORMAL COMMENTS:
There were no comments from the public.
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 May 6, 2019,
B. Budget Amendment #19, as well as three notifications of budget transfers
between functional areas,
C. Resolution Approving a Grant of Easement to Piedmont Community College
and Actions Related thereto and Authorizing Certain Actions in Connection
therewith for an Emergency Easement and Ingress,
D. Amendment to the Conservation Easement for Elderberry Village,
E. Resolution Authorizing the Donation of Surplus Property (seats that are being
replaced at the Kirby that have a value of $0.00), and
F. Tax Adjustments for May 2019
a. Tax Releases
b. NC Vehicle Tax System pending refunds
NEW BUSINESS:
RESOLUTION IN SUPPORT OF THE CURRENT ABC CONTROL SYSTEM FOR
THE SALE OF LIQUOR:
Dale Norris, General Manager of Person County ABC Board requested Board
consideration to adopt a Resolution in Support of the Current ABC Control System for the
Sale of Liquor.
Mr. Norris stated HB 971 (Modern Licensure Model for Alcohol Control) was filed
and introduced in April to privatize the sale of liquor in North Carolina. Mr. Norris
advocated for the current ABC Control System for the sale of liquor noting while
significant revenue was generated for Person County. He opined that local communities
would suffer the most if privatization was successful as there will be greater access to
spirituous liquor and less revenue to share. For example, when the State of Washington
became private in 2011, the number of outlets increased from 400 to 1400. There was a
one-time license fee collected. In comparison, Person County receives in excess of $300K
annually. In 2018 Person Co. received 343K in profits from the local ABC board. Of that
total, 30% goes to the City of Roxboro. He said approximately $31K was distributed or
spent on Alcohol/drug education and rehabilitation locally and $28K was contracted with
the Sheriffs’ Dept. for law enforcement. Mr. Norris told the group that these revenues
would be in jeopardy with privatization and counties would be forced to look to the state
to replace these funds or raise property taxes.
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May 20, 2019
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Mr. Norris, on behalf of the ABC Board, stated its support to maintain control
noting there were many organizations in favor of keeping the current control system. Mr.
Norris stated supporters and lobbyist feel strongly that obtaining a resolution from the
appointing authority in support of the control system would go a long way towards
defeating this bill.
A motion was made by Commissioner Clayton and carried 5-0 to adopt a
Resolution in Support of the Current ABC Control System for the sale of liquor.
Vice Chairman Jeffers asked that the adopted resolution be sent along to Person
County’s Representative Larry Yarborough and Senator Mike Woodard.
PRESENTATION OF THE FISCAL YEAR 2019-2020 RECOMMENDED
BUDGET:
North Carolina General Statutes require that on or before June 1, the manager
present her recommended budget for the upcoming fiscal year to the Board of
Commissioners. As required by General Statutes, a public hearing will be held on June
3rd. The schedule of the budget work sessions will be presented based on the Board’s
feedback. The budget can be adopted any time; according to the Budget Calendar, the
Board is scheduled to adopt the budget at the June 17th Board meeting.
County Manager, Heidi York shared the following overview of the proposed budget
through a presentation titled “Fiscal Year 2019-2020 Proposed Budget.” She also passed
out copies of the budget document for Commissioners’ review.
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Commissioner Puryear requested the June 5th work session be changed from
2:00pm to 6:00pm which was affirmed by the Board. It was noted that each work session
would be confirmed along with date and time at the previous meeting.
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May 20, 2019
15
Ms. York asked the Board to let her know what topics they would like covered at
the budget work sessions so that she would have the appropriate staff and information on-
hand. Vice Chairman Jeffers requested the value of one-cent for the Fire Tax.
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May 20, 2019
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CHAIRMAN’S REPORT:
Chairman Newell had no report.
MANAGER’S REPORT:
County Manager, Heidi York had no report.
COMMISSIONER REPORT/COMMENTS:
There were no reports/comments offered by the commissioners.
CLOSED SESSION #1
A motion was made by Commissioner Puryear and carried 5-0 to enter Closed
Session at 9:31am per General Statute 143-318.11(a) (5) to establish, or to instruct the
public body's staff or negotiating agents concerning the position to be taken by or on behalf
of the public body in negotiating the price and other material terms of a contract with the
following individuals permitted to attend: County Manager, Heidi York, Clerk to the
Board, Brenda Reaves, County Attorney, Ron Aycock, Assistant County Manager,
Sybil Tate, Chris Gustin, Upper Piedmont Operations Manager, Wade Bailey, Republic
General Manager, Matt Einsmann, Republic Environmental Manager, Shane Walker,
Republic Area President, Steve Weber, attorney for Republic and IT staff, Kelly Horne.
Chairman Newell called the Closed Session to order at 9:35am.
A motion was made by Commissioner Powell and carried 5-0 to return to open
session at 11:12am.
ADJOURNMENT:
A motion was made by Vice Chairman Jeffers and carried 5-0 to adjourn the
meeting at 11:13am.
_____________________________ ______________________________
Brenda B. Reaves David B. Newell, Sr.
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
60
6/3/2019
Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
Public Safety 1,019
Transportation 5,825
Transfers to Other Funds 50,000
REVENUES General Fund
Other Taxes 50,000
Intergovernmental 1,019
Investment Earnings 4,484
Other Revenues 1,341
Explanation:
BUDGET AMENDMENT
Increase estimated occupancy tax collections ($50,000); receipt of Department of Public Safety discretionary
funds for Roots and Wings ($1,019); receipt of insurance claim for damage to PATS vehicle ($1,341); increase
PATS Administration salary and benefits due to employee turnover ($4,484)
BA-2061
AGENDA ABSTRACT
Meeting Date: June 3, 2019
Agenda Title: Approval of Person Area Transportation System Updated Policies
1)Grants & Finance Management Policy, and
2) Drug & Alcohol Policy
Summary of Information: After a recent proficiency review by a NCDOT contracted auditor, PATS
is required to update the Grants & Financial Management and Drug & Alcohol Policy. These changes
ensure that PATS is in compliance with FTA and NCDOT requirements.
1) Grants & Financial Management Policy
a) Update of subsection O and P under the Financial Management section
i) Under O: ensuring during cash revenue reconciliation has 2 employees present.
ii) Under P: movement of prepaid ticket creation and issuance to the Finance Office
2) Drug & Alcohol Policy
a) Replace the word opiate with opioids
b) Removal of retesting for a negative dilute test unless directed by the MRO
c) Addition of Vendor Oversight subsection (subsection R)
d) Define which staff members have reasonable suspicion training and authority (subsection D)
Recommended Action: Approve the updated policies as written
Submitted By: Glen LaBar Jr., Public Transportation Director
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1
County of Person - Person Area Transportation System
Department Policy and Procedures
Section: PATS-600-02 Title: Grants & Financial Management Policy
Effective Date: 3/18/2019 /Revised: 5/13/19 Rescinds: Grants & Financial Management Policy
(2010)
Review Date:
Director:
I.Purpose
a.The purpose of the grant and financial management policy is to establish clear procedures and
Person Area Transportation System’s position regarding grant and financial management and
administration of Federal Transit Administration (FTA) and North Carolina Department of
Transportation (NCDOT) grants when Person Area Transportation System is the subrecipient.
b.FTA and NCDOT grant programs have requirements with which the Person Area Transportation
System must comply so as to continue to be eligible for grant funding. As a subrecipient, the
Person Area Transportation System must demonstrate to NCDOT the legal, technical, and
financial capacity to manage and administer grants. Financial ability includes the ability to
match and manage NCDOT/FTA grant funds, cover cost and operating deficits, financially
maintain and operate NCDOT/FTA funded facilities and equipment, and conduct and respond
to applicable audits.
c.The policies contained herein outline Person Area Transportation System procedures regarding
application, acceptance, budgeting, accounting and administration of NCDOT /FTA grants, as
well as in regards to compliance with FTA/U.S. Department of Labor requirements related to
Section 5333(b) labor protections.
II.Organizational Management
a.Legal Authority
i. Authorizing Resolution
1.To be eligible for NCDOT/FTA funding, Person Area Transportation System is
authorized by its Governing Board, the Person County Board of Commissioners,
to apply for and receive funding. This was affirmed when the appropriately
authorized person signed the authorizing resolution form included in the NCDOT
grant application package. This form is submitted annually to NCDOT Public
Transit Division (PTD) as required and is also maintained in the Person Area
Transportation System files.
ii. Annual Certifications/Signature Procedures
1.Federal and State grant awards require applicants and grantees to certify that
they are in compliance with or will comply with a variety of laws and
regulations. As a subrecipient of federal and state transit funds Person Area
Transportation System signs and submits certifications and assurances on an
annual basis with its grant application to NCDOT. The Public Transportation
Director is responsible for updating the Person Area Transportation System
annual Certifications and Assurances (C&As) and securing the proper
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signatures/approvals including both the approval of the County Manager and
the Opinion of Counsel. The annual C&As are filed according to the following
procedure:
a. The Public Transportation Director reviews the list of C&As received
from FTA and compares -them with the C&As from the previous year.
b. If there are changes in the C&A from the previous year, the Public
Transportation Director forwards the C&As to the Attorney for review.
c. If there are reports to be filed in conjunction with the C&As, the Public
Transportation Director completes the applicable reports for submission
to NCDOT.
d. Upon concurrence from the Attorney (and a signed Opinion of Counsel),
the Public Transportation Director secures approval and signature on the
C&As from the person authorized to act on behalf of the transit agency,
the County Manager.
e. The Public Transportation Director compiles the approved C&As and
applicable reports for submittal to NCDOT.
f. The Public Transportation Director officially submits the C&As to NCDOT
with the application.
g. The Public Transportation Director is responsible for maintaining a file
with all of Person Area Transportation System’s past and present C&As.
b. Governance
i. The Governing Board for Person Area Transportation System, the Person County Board
of Commissioners, has the legal and fiduciary responsibility of the organization. The
transit agency’s Governing Board is representative of the community and be able to
provide transit personnel with community based advice and also be able to bring
management and other organizational skills and expertise from which transit
management can draw. The Board meets regularly, is “actively engaged” and conducts
business in an open and transparent manner.
ii. Organizational Structure
1. Governing Board for the County
a. The Governing Board for the Person Area Transportation System is the
Person County Board of Commissioners. The Governing Board is
governed by the County Code and NC State Statutes.
2. Governing Board Bylaws and/or Policy Manual
a. The Governing Board Policy Manual governs the internal administration
and regulation of the affairs of the Person County Board of
Commissioners, the system Governing Board. As the Governing Board for
the transit system, the Board of County Commissioners is responsible for
overall policy decisions, financial management and operations of the
department. The Governing Board delegates authority to both the
County Manager for overall management of county operations and to
the Public Transportation Director for overall management of transit
operations. Regular meetings of the Board are held twice per month.
3. Transportation Advisory Board
a. The Person Area Transportation System also has a Transportation
Advisory Board (TAB). The TAB is typically made up of stakeholders from
the service area and is representative of the various target audiences in
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the service area. An actively engaged TAB is expected to discuss unmet
needs in the service area, service design, scheduling, billing rates and
fares and monitor patterns of complaints about the transportation
service. The TAB is not involved in financial, procurement, or hiring
decisions, although as a good-business practice, TAB members sign
conflict of interest statements as required by federal regulations.
b. The TAB consists of 11 to 17 members. The TAB should be
representative of the community in order to provide the service area
community with a mechanism to advise and bring to management the
mobility concerns and needs of the entire service community. The PATS
administrative staff shall recommend potential TAB members from
agencies, organizations, and other community representatives that
utilize transportation services in Person County. One County
Commissioner should also serve as a TAB member. The Governing Board
shall select and approve TAB members at regularly scheduled meetings
as needed.
c. The bylaws for the Person Area Transportation TAB have been approved
by both the TAB and Governing Board.
iii. Business Continuity Plan
1. The Person Area Transportation System has a Business Continuity of Operations
Plan (COOP) that establishes policy and guidance to ensure the execution of the
essential functions in the event that an emergency at the agency or in its service
area threatens or incapacitates operations and/or requires the relocation of
selected personnel and functions.
iv. Control Environment
1. Assignment of Authority—NCDOT Grants
a. The County Manager and the Public Transportation Director are
authorized to execute agreements and contracts with NCDOT.
b. These individuals are designated to submit to the following, as indicated
on the Delegation of Authority form submitted to NCDOT:
i. Reimbursement Requests
ii. Budget Revisions
iii. Budget Amendments
iv. Period of Performance Extensions
2. Signature Policy
a. The following individuals are authorized to sign checks for Person Area
Transportation System:
i. County Finance Director
ii. Chairman of the Board of Commissioners
b. The following individuals are authorized to sign contracts that financially
obligate Person Area Transportation System:
i. County Manager
ii. Chairman of the Board of Commissioners
c. The following individuals are authorized to sign contracts for
transportation services for non-county departments:
i. County Manager
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d. The following individuals are authorized to sign contracts for
transportation services for county departments:
i. Public Transportation Director
3. Division of Duties
a. The following is a list of personnel who have responsibilities within the
financial functions of the organization:
i. Governing Board
1. Reviews annual financial reports
2. Reviews and approves annual budget
3. Reviews and approves grant application
4. Reviews and approves multi-year financial plans
ii. Transportation Advisory Board (TAB)
1. Review annual financial reports
2. Reviews annual budget
3. Make recommendations for grant applications
4. Review multi-year financial plans
iii. Public Transportation Director
1. Approves all vouchers, invoices and checks
2. Develops an annual budget
3. Reviews and approves all financial reports
4. Develops the annual budget and get Governing Board
approval
5. Reviews and approves all financial reports
6. Reviews all vouchers and invoices for those payment
requests which require his or her signatures
7. Requests any needed inter fund transfers
8. Makes deposit for cash and checks on a daily basis.
Deposits must be made if the amount exceeds $250. If
needed amounts under $250 will be locked in a secured
location.
9. Reviews the payroll summary for the correct payee and
hours worked.
10. Approves all reimbursements.
11. Prepare and execute all contracts with pre-audit from the
Finance Director and signature by the County Manager.
12. Accountability to approved departmental budgets in
purchasing decisions and in preparing check request
vouchers with the proper account code.
13. Performs cash duties in the absence of other
administrative staff members.
iv. County Finance Department
1. Processes all receipts and disbursements.
2. Processes the payroll, including payroll tax returns.
3. Submits requests to the County Manager for approval of
inter fund transfers.
4. Maintains and reconciles the general ledger monthly.
5. Assists with the development of departmental budgets.
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6. Prepares all financial reports, including requests for
reimbursements.
7. Manages the petty cash fund.
8. Reconciles the bank accounts.
9. Reconciles the procurement card statements.
10. Double checks all reimbursement requests against
receipts provided.
v. Administrative Assistant
1. Receives and open all incoming mail.
2. Prepares cash receipts log and invoice log.
3. Assist the Director with preparing payment requests and
attaches invoice/backup to be sent to the Finance Officer
for payment.
4. Accepts payments and writes receipts.
5. Logs fare payments.
6. Receives cash from drivers.
7. Counts cash from drivers and prepares deposit form.
8. Complete deposit breakdown for finance.
vi. Clerk/Dispatcher
1. Accepts payments and write receipts.
2. Logs fare payments.
3. Receives cash from drivers.
4. Assists Administrative Assistant or in their absence with
counting cash from drivers and preparing deposit form.
5. Assists Administrative Assistant or in their absence
complete deposit breakdown for finance.
vii. Transit Operators
1. Monitor vehicle and farebox security during his or her
shift.
2. Thoroughly complete accurate manifest reports,
documenting receipt and amount numbers.
3. Writes receipts for cash payments.
4. Turns in cash and receipts daily.
4. Background and Reference Checks
a. Every candidate for employment at Person Area Person Area
Transportation System is subject to a basic background check, as a
condition of employment. This investigation includes a review of motor
vehicle records and contacting references provided by the candidate.
b. The Criminal Record Check (CRC) includes a 10 year history. Candidates
who have any of the following will not be considered for employment:
i. Murder,
ii. Rape or aggravated sexual abuse,
iii. Kidnapping or hostage taking,
iv. Assault inflicting serious bodily injury,
v. A federal crime of terrorism,
vi. Unlawful possession, us, sale, distribution, or manufacture of an
explosive device,
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vii. Unlawful possession, use, sale, distribution, or manufacture of a
weapon,
viii. Elder abuse/exploitation,
ix. Child abuse/neglect,
x. Illegal sale or possession of a Schedule I or II controlled
substance,
xi. Conspiracy to commit any of the above
5. Conflict of Interest Policy/Code of Conduct
a. In accordance with Board policy and related legislation, no employee,
officer, agent, immediate family member, or Board member of the
agency shall participate in the selection, award, or administration of a
contract supported by Federal and/or State funds if a conflict of interest,
real or apparent, would be involved. Such a conflict would arise when
any of the following has a financial or other interest in the firm selected
for award:
The employee, officer, agent, or Board member,
Any member of his/her immediate family,
His or her partner, or
An organization that employs, or is about to employ, any of
the above.
b. The agency’s officers, employees, agents, or Board members will neither
solicit nor accept gifts, gratuities, favors, or anything of monetary value
from contractors, potential contractors, or parties to subagreements.
c. All employees, officers, agents, and Board members of the Person Area
Transportation System will sign a statement at the start of their
employment or term of service, in which they acknowledge, understand,
and agree to abide by this policy.
6. Ethics Policy
a. Purpose - Because it is imperative that officials and employees of Person
Area Transportation System maintain the highest possible standards of
ethical conduct in their transaction of public business, such standards
must be clearly defined and published. The following Code of Ethical
Standards includes standards of the Federal Transit Administration.
b. Relationships - In all procurement matters relating to Person Area
Transportation System, no transit employee, official, or agent, including
any member of an evaluation committee for a Person Area
Transportation System project, shall participate in the selection, award,
or administration of a contract between Person Area Transportation
System and a private business if a conflict of interest, real or apparent,
would be involved. Such a conflict would exist when an employee,
officer, or agent of Person Area Transportation System; any member of
his/her immediate family; his or her partner; or an organization which
employs, or is about to employ, any of the above; has a material financial
or other interest in a firm selected for award of a contract.
c. Gifts and Gratuities - It is Person Area Transportation System policy that
no official or employee of Person Area Transportation System shall seek
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or accept, directly or indirectly, any gift, service, favor, employment,
engagement, compensation or economic opportunity from a contractor,
potential contractor, or subcontractor which would tend improperly to
influence a reasonable person in his or her position to depart from the
faithful and impartial discharge of his or her public duties. No Person
Area Transportation System official or employee may use his or her
position to secure or grant unwarranted privilege, preferences,
exemptions, or advantages for himself or herself, any member of his or
her immediate household, any business entity in which he or she has a
financial interest, or any other person.
d. Violations - Violation of Person Area Transportation System's ethics
policy by any employee shall subject the individual to disciplinary action
up to and including discharge as determined by the Board of Person Area
Transportation System. Violation of this policy by contractors or their
agents may be considered a breach of contract and shall subject such
contractor or agent to action up to and including cancellation of contract
and suspension and debarment from contracting with Person Area
Transportation System. Violation of this policy by bidders or potential
contractors may be considered to make such bidder ineligible to bid or
render a bid or proposal non-responsive.
e. Organizational Conflict of Interest - It is Person Area Transportation
System policy in soliciting and contracting for goods and services to
prevent any real or apparent organizational conflicts of interest which
could arise when the nature of work to be performed under a proposed
contract would result in an unfair competitive advantage to the
contractor in the award of future work. It shall not be a bid or proposal
requirement that a prospective vendor or contractor have prior
contracts with Person Area Transportation System. This shall not be
construed, however, to prevent or limit the use of two-step sealed
bidding.
7. Computer Use Policy
a. Any usage of Person Area Transportation System equipment and/or
services unrelated to direct business activities of the County is expressly
prohibited. Person Area Transportation System forbids use of its
equipment or Internet connection to promote personal political or
religious beliefs, solicit or advertise, engage in personal business
interest, participate in harassment or discrimination of any kind, violate
or infringe on the rights of others, be involved in deliberate propagation
of harmful computer code, violate copyright or licensing laws, or be part
of any illegal activity.
b. The equipment provided and all contents thereof are the property of
Person Area Transportation System. Users understand that all
information transferred to and from this equipment is the property of
Person Area Transportation System and should be considered as
available for public review. The user has no expectation that Internet
usage history is private. Person Area Transportation System retains the
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right to monitor activity on its equipment and to review incoming and
outgoing communications for appropriateness without prior notice or
warning.
c. Employees may not install, download, store, print, view, or redistribute
files on Person Area Transportation System equipment that are not
directly related to their job or the Person Area Transportation System
business activities. An automatic exception will be made for storing and
displaying the photographs used as "wallpaper" to provide an individual
touch to the computer, provided the photograph is in compliance with
all other sections of this policy. Employees are not to modify Person Area
Transportation System hardware or software in an attempt to foil any
security or monitoring measure that the agency puts in place.
d. Employees understand that these means of productivity and
communication are a privilege exclusively for professional activities
during work hours. The Transit Director may allow employees to utilize
Person Area Transportation System equipment or to access the Internet
for personal improvement or non-business needs outside of established
business hours, provided that usage is consistent with the standards of
employee conduct for the department during business times.
e. Violations of any of these stipulations may result in reduction,
limitations, or termination of Computer and Internet and/or E-mail
privileges without notice. If so warranted, infractions may involve
disciplinary action, suspension, termination, or even legal redress. All
disciplinary action shall be pursuant to the Person Area Transportation
System Personnel Policy.
8. Travel Policy
a. Person Area Transportation System follows the Person County
Government Travel Policy and the NCDOT rules and regulations
regarding reimbursement procedures.
v. Labor Protections
1. Person Area Transportation System receives federal assistance under the
Federal Transit statute and agreed to comply with the terms and conditions of
the protective labor arrangements in 49 CFR Section 5333(b). Section 5333(b) of
Title 49 of the U.S. Code (Federal Transit Law) requires that employee
protections, commonly referred to as “protective arrangements” or “Section
13(c) arrangements” be certified by the Department of Labor and in place,
before Federal transit funds can be released to a transit provider. Person Area
Transportation System protects employee in the following ways: the
preservation of rights, privileges, and benefits (including continuation of
pension rights and benefits) under existing collective bargaining agreements or
otherwise, the continuation of collective bargaining rights, the protection of
individual employees against a worsening of their positions related to
employment, assurances of employment to employees of acquired mass
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transportation systems, assurance of priority of re-employment of employees
whose employment is ended or who are laid off, and paid training or retraining
programs.
Section 5333(b) Labor Warranty (S.5311)
As part of its application for Rural and Small Urban Program funding, Person
Area Transportation System has signed the 14-page NCDOT PTD Section 5333(b)
Labor Warranty. In signing this warranty, Person Area Transportation System
agrees to preserve the collective bargaining rights of employees, including the
right to arbitrate labor disputes and to maintain union security and check-off
arrangements. Person Area Transportation System also agrees to provide
allowances for dismissed and displaced employees under the terms set forth in
the agreement (based on years of service). Further, in signing the warranty,
Person Area Transportation System agrees that it will post notice of its
compliance with Section 5333(b) in conspicuous place and maintain records to
document compliance. This form is signed annually by the official authorized to
sign the grant application.
2. Labor Complaint Resolution Procedures
a. Person Area Transportation System follows the policies and procedures
of Person County Government to provide adequate and fair hearing of
employee grievances. Person Area Transportation System and Person
County Human Resources Department also maintains records that track
compliant investigations including the date files, allegations, actions
taken and resolution.
vi. Document Control and Retention
1. Person Area Transportation System retains all personnel, time, payroll, audit,
tax, vendor, client and accounting records for a period no less than five years or
three years beyond the close-out of any grant that finances each expense,
whichever is longer. All tax records are maintained for a seven-year period. All
records, both digital as well as hard, are stored in a manner which allows them
to be both secure as well as easily accessible.
2. Public Access
a. Person Area Transportation System complies with North Carolina
regulations regarding access to public records and follows the
procedures set forth in Records Retention and Disposition Schedule
Public Transportation Systems and Authorities issued by North Carolina
Department of Cultural Resources in April 2006.
North Carolina General Statute §132.1 states:
(a) "Public record" or "public records" shall mean all documents, papers,
letters, maps, books, photographs, films, sound recordings, magnetic or
other tapes, electronic data-processing records, artifacts, or other
documentary material, regardless of physical form or characteristics, made
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or received pursuant to law or ordinance in connection with the transaction
of public business by any agency of North Carolina government or its
subdivisions. Agency of North Carolina government or its subdivisions shall
mean and include every public office, public officer or official (State or local,
elected or appointed), institution, board, commission, bureau, council,
department, authority or other unit of government of the State or of any
county, unit, special district or other political subdivision of government.
(b) The public records and public information compiled by the agencies of
North Carolina government or its subdivisions are the property of the people.
Therefore, it is the policy of this State that the people may obtain copies of
their public records and public information free or at minimal cost unless
otherwise specifically provided by law. As used herein, "minimal cost" shall
mean the actual cost of reproducing the public record or public information.
(1935, c. 265, s. 1; 1975, c. 787, s. 1; 1995, c. 388, s. 1.)
b. The default guideline that is be followed by Person Area Transportation
System is if the agency generates, stores, or maintains a document, that
document is a public record and shall be made available to the public
upon request. There are exceptions to what the statutes designate as
public records, including the following sensitive information:
• Personnel records, including drug and alcohol program records
• Social security numbers (of employees, applicants, and
customers)
• Medical and mental health information about specific customers
c. Unless otherwise specified, all personnel and financial records will be
kept in a locked, fireproof file cabinet in an office to be specified by the
[Transit Director] with the key provided to a limited number of
authorized individuals. If stored electronically, all sensitive materials will
be password protected, with the password provided to a limited number
of authorized individuals.
d. The following criteria apply to all Person Area Transportation System
employees, Board Members and volunteers:
i. Employees and all persons associated with Person Area
Transportation System must maintain the confidentiality of
privileged information concerning staff and participants in
accordance with North Carolina confidentiality statutes and
regulations.
ii. No identifying information will be released to an outside agency
or person without the informed consent of the person. Such
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consent must be granted in writing and the release to inform will
expire one year from the date it is signed.
iii. The following will have access to locked files:
Employees, students, volunteers and others who must
access information in order to perform required job
functions.
Federal, State, local or other monitoring agencies.
Court order.
e. After documents’ holding period has been completed, documents are
destroyed using safety sensitive measures such as shredding, in
accordance with the Records Retention and Disposition Schedule Public
Transportation Systems and Authorities issued by North Carolina
Department of Cultural Resources.
3. Electronic Documents
a. All electronic documents are backed up daily to ensure all data is
maintained in the event of local computer failure.
b. Prior to an employee being terminated that employee’s access to
computer files is terminated.
4. Financial Records
a. All financial records associated with NCDOT/FTA grants are retained for a
minimum of five years or three years beyond grant close-out, whichever
is longer. This includes all personnel, time, payroll, audit, tax, vendor,
client and accounting records.
b. All financial records associated with the procurement of vehicles and
equipment purchased with NCDOT/FTA grants will be retained for a
minimum of five years of three years beyond the end of NCDOT’s title
lien on the vehicle/equipment, whichever is longer. This includes all
vehicle maintenance and repairs records.
c. All financial records associated with the development of a facility
financed with NCDOT/FTA grants will be retained for a minimum of five
years or three years beyond final NCDOT/FTA payment for construction,
whichever is longer.
vii. Guidelines Governing the Acceptance of Advertisements for Revenue
a. Person Area Transportation System accepts advertisements on its
vehicles and/or facilities in exchange for revenue. The system has
Board-approved guidelines for the acceptance of such advertisements,
which can be found in a separate policy.
b. The policy will require the approval of the Person County Board of
Commissioners.
III. Grants Administration
a. Grant Application
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i. The NCDOT generally issues annual fiscal year calendar which dictates upcoming grant
release and document due dates.
ii. Preceding the release of each application, the Person Area Transportation System
determines which projects and services will be included in that year’s application,
based on area’s Community Transportation Services Plan – CTSP (particularly the
implementation plan, vehicle replacement plan, and financial plan).
iii. Grant application packages are received electronically from NCDOT PTD. Included in
each is a timetable for the processing and completion of the application along with
specific instructions on how to complete each section.
1. Receive Application Package and Organize - Upon receipt of each application
package, the Transit Director reviews the entire package for general application
requirements and determines the best approach to delegate development of
portions of the application and develop a timeline for preparation, public notice,
and submission to the Person County Board of Commissioners for review and
approval before submission to NCDOT.
2. Prepare Application - Tasks involved in preparing the grant application include:
a. Compile narrative, statistical and financial information to justify a grant
award
b. Determine the amount of matching funds that is needed for the grant
application and identity potential sources of matching funds
c. Secure a commitment of matching funds from each source
d. Secure approval of the grant project from the MPO (if in an urbanized
area)
e. Consult with the agency’s Attorney regarding specific certifications and
assurances that will have to be signed as part of the application.
f. Finalize budget with the County Finance Department.
3. Secure Public Input and Board Approval - Once the grant application is
completed, the following procedures are followed:
a. Forward the complete grant application package to the staff at the
Governing Board with a request to be scheduled on the agenda for an
upcoming Board meeting. Depending on the complexity and
commitment of the grant, the Board is provided a minimum of two
weeks to review the grant. Grant applications must be approved by the
Person County Board of Commissioners before the application is
submitted to NCDOT.
b. Schedule a public hearing regarding the proposed grant application
before the Person County Board of Commissioners. The public hearing
notice must be advertised at minimum of seven (7) calendar days’ and a
maximum of fourteen (14) calendar days’ before the actual public
hearing date.
c. The date and time of the public hearing for the grant application, along
with a summary of the application and the availability of the application
for review upon request, is advertised in English and Spanish versions by
postings in the local newspaper, and announcements are posted in
English and Spanish versions in various places throughout the County on
public bulletin boards. Electronic postings in English are sent to various
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local media vendors, TV, radio and newspapers by the Public
Transportation Director.
d. The public is encouraged to ask questions and/or make comments. The
Person Area Transportation System considers all public comments
before finalizing the grant application. A public hearing is held and all
comments received are addressed before the application is submitted to
NCDOT.
e. A copy of the initial grant application package is made available for
public review upon request, and, if revised, the final grant application
also is made available to the public.
b. Grant Award and Agreement Execution
i. NCDOT sends official notification by mail, and usually contacts the Public
Transportation Director and/or the County Manager in advance of receiving a formal
notification in the mail. It is the responsibility Public Transportation Director to process
the grant agreement immediately upon receipt. The Public Transportation Director is
aware of target dates for grant approval by NCDOT and anticipates the receipt of grant
awards and agreements in advance of their arrival.
ii. The Public Transportation Director reviews the grant award and agreement to insure
that it is accurate and to determine if the award differs substantially from the grant
application. The grant award package normally contains a letter of award, a grant
project budget, a blank Request for Reimbursement form and an unsigned Grant
Agreement. It is the responsibility of the Public Transportation Director to secure
required signatures and attestations and return grant agreement to NCDOT by the
deadline.
iii. If applicable, the Public Transportation Director notifies the Staff Attorney of any
special award conditions and receives his or her concurrence that they are acceptable.
iv. The Person County Board of Commissioners is informed of all grant awards and
agreements received by the Public Transportation Director or the County Manager. If a
grant award or agreement requires concurrence from the governing board prior to
execution, the Public Transportation Director coordinates the placement of the grant
award on the Board agenda to the meeting immediately after the award is received to
formally request execution of the grant agreement.
v. If the Board has adopted a previous resolution authorizing the County Manager to
execute the grant award, then the County Manager signs the grant agreements.
vi. The Public Transportation Director makes a copy of the signed grant agreements and
returns the appropriate number of signed agreements NCDOT or the appropriate
funding agency.
vii. NCDOT signs the grant agreement and returns at least one full executed agreement
Person Area Transportation System.
viii. The Public Transportation Director makes copies of the fully executed grant agreements
for the Person Area Transportation System grants file as well as his/her own working
file, and provides copies of relevant excerpts to all applicable staff members.
c. Grant Reporting
i. NCDOT requires the submission of quarterly progress reports for grants using a
designated Quarterly Progress Report Form. The report due dates vary depending on
the type of grant and exact due dates can be referenced on the NCDOT fiscal year
calendar.
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ii. The Public Transportation Director is responsible for ensuring that all grant funds are
expended in accordance with specific grant regulations and is responsible to ensure
that any fiscal and programmatic reporting requirements are adhered to.
iii. These reports are compiled by the Public Transportation Director using financial, asset
and operating data from the following sources:
Financial Data – The Public Transportation Director manages financial data,
including grants related documentation, revenues, and expenses, with
assistance from the Administrative Assistant(s) in data collection. Electronic
copies of financial records are made whenever possible and stored on the
County server. The files are backed up daily by the County’s IT staff, and the
Public Transportation Director maintains electronic copies of key financial
data on a flash drive, which is stored in a fireproof box in the PATS office.
Hard copies of most financial records are also maintained in a filing system in
the PATS office. Authorized PATS staff may access the electronic or paper
records of the financial data.
Operating Data - The Public Transportation Director with assistance from
other administrative staff collect daily data on operating statistics (including
trips, miles, hours, fares collected, no-shows) from driver/scheduler reports;
while the Director tracks vehicle inventory, accidents and incidents, and
manages personnel. The Director is responsible for reviewing and submitting
operating statistics to NCDOT PTD to meet grant reporting requirements.
Asset Inventory – The Public Transportation Director maintains an electronic
record of the vehicle, equipment, and facility inventory on his or her
computer in the PATS office, which is backed upon the County server daily.
The Administrative Assistant is also responsible for reporting this asset
inventory to NCDOT PTD through the Asset Works system. The Director will
complete and submit the Vehicle Utilization Data (VUD) analysis biannually.
Some paper copies of these files are also stored in the PATS office.
iv. All NCDOT reports are reviewed and submitted by the Public Transportation Director.
d. Grant Recordkeeping and Auditing
i. The Transit System maintains the reports for review by auditors and NCDOT.
ii. All financial data should be submitted to and reviewed by the Public Transportation
Director to ensure timely reconciliation of the grant reported expenditures and
revenues to the County’s general ledger.
iii. Financial reports should be maintained on file until all audits have been accepted by the
grantor or for five fiscal years, whichever is longer. The Public Transportation Director
consults the records retention schedule when planning to destroy grant records.
iv. All Person Area Transportation System grants are subject to periodic review by the
County Finance Department and annual audit by independent auditors. The Person
Area Transportation System makes grant files and supporting information available for
annual audit review. Any audit findings and/or questioned costs resulting from the
audit require a written response to the Person Area Transportation System within the
designated response period.
v. All state and federal grant funds will be included in Person County’s annual single audit
report prepared by independent professional accountants.
vi. Any auditors or officials representing the grantor agencies that request access to grant
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records should be directed to the County Manager to determine authorization. All
audits are performed by independent professional accountants. However, the grantor
agency may elect to monitor the grant program to possibly include sending a
representative to discuss the program and review records which would be allowable.
vii. Annual audit reports are submitted to NCDOT PTD within nine months after the close of
the fiscal year.
e. Period of Performance
i. The Period of Performance for NCDOT PTD grants is defined as the period of time
during which the Grantee/Contractor is expected to complete the grant activities
outlined in their proposal and grant agreement. The Period of Performance also
establishes the timeframe of execution of project activities and period when expenses
may be incurred and reimbursed.
ii. The Period of Performance for NCDOT PTD grants begins on the date that the grant is
approved by the North Carolina Board of Transportation (BOT) and ends on the last day
of the performance period unless otherwise stated in the grant agreement. Depending
on the type of grant the end date may be 12 months – 36 months (with potential
exceptions for facilities and New Starts projects). The Period of Performance is stated in
the grantee cover letter.
iii. Period of Performance Extensions
1. If the grant funds cannot be expended during the Period of Performance, a
Period of Performance Extension may be requested. Extensions are intended
to provide additional time for projects that have made reasonable progress to
expend funds, invoice and seek reimbursement. By extending a Period of
Performance it allows the project to remain in compliance with the terms of the
grant agreement.
2. If, during monthly reviews of budget status, grant expenditures within two
months of the end of the Period of Performance are found to be behind the
year-to-date budget, the Transit Director submits a request for a Period of
Performance extension to NCDOT. The request is prepared by the Public
Transportation Director in writing and on agency letterhead, with pertinent
documentation.
3. If the extension is granted, in accordance with NCDOT PTD policy, an NCDOT
PTD Requests for Budget Revisions and/or Requests for Budget Amendments
form are submitted.
f. Grant Termination
i. The Person Area Transportation System maintains close communication with the
NCDOT PTD to ensure that everyone is aware when grants expire and that the transit
system does not incur expenditures with no funding source. When grant funds are
subgranted (pass-through) to other agencies, the contract agency should include a
statement that “payment for services is contingent upon receipt of grant funds.”
ii. NCDOT/FTA grants are closed out following the Period of Performance for which funds
were awarded (non-capital grants), following purchase of the vehicle or equipment for
which the funds were awarded (non-facility capital grants), or following the completion
of the facility or the expenditures of the grant funding, whichever comes first (facility
capital grants). Except in the case of facility development, NCDOT/FTA grant funds are
to be expended and grant close-out initiated within three years of the initial grant
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award. Initiating grant close-out is the responsibility of the Public Transportation
Director, following a review each grant’s status at the end of each quarter.
IV. Financial Management
a. The fiscal year for Person Area Transportation System is from July 1 to June 30.
b. Multi-Year Financial Plan
i. The Person Area Transportation System develops a five year financial plan as part of its
Community Transportation Service Plan, which is required for funding under NCDOT.
This financial plan is based on planned service changes and identified funding sources,
and is used as a basis for the annual grant application to NCDOT as well as for the
development of Person Area Transportation System’s annual budget.
ii. Updating the multi-year financial plan is the responsibility of the Public Transportation
Director in consultation with the County Finance Department.
c. Budget Development
i. Under the Local Government Finance Act, each local government and public authority
in North Carolina is required to adopt an annual balanced budget ordinance, and is
prohibited from expend any moneys, regardless of their source (including moneys
derived from bond proceeds, federal, state, or private grants or loans, or special
assessments), except in accordance with a budget ordinance or project ordinance
adopted under N.C. § 159‑8 or through an intragovernmental service fund or trust and
agency fund properly excluded from the budget ordinance.
ii. The legal adoption of annual/fiscal year budgets does not preclude the approval of
grant budgets throughout the year, if the funding year is different from the fiscal year.
Grant budgets should not be delayed until the next local budget cycle, if the delay
would result in loss of grant.
iii. The Person Area Transportation System also prepares an annual budget that updates
the CTSP financial plan, based on CTSP service implementation milestones and changes
in available funding. The annual budget is prepared at the beginning of the fiscal year/in
preparation for the annual grant application to NCDOT/in preparation for the annual
budget.
iv. The process for developing the annual budget includes:
1. The Budget Manager or County Manager sends out notification when it is time
to begin the process to develop next year's budget and provides updated
instructions and the process timeline.
2. The Public Transportation Director reviews the organization’s goals and
objectives and CTSP/Strategic Plan for implementation activities scheduled in
the upcoming year (as well as any which were deferred in the previous year).
3. The Public Transportation Director reviews the status of open grants from
FTA/NCDOT for current funding and reviews most recent grant application
package to anticipate timeline for next grant application cycle (to coordinate
budget development when feasible).
4. The Public Transportation Director determines program-specific budget needs
for the upcoming year.
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5. The Public Transportation Director prepares prior-year actual, current budget
and year-to-date actual, and projections for next year payroll needs at current
service levels.
6. The Public Transportation Director, assisted by the County Finance Department
Director,
a. reviews the previous year budget to determine needed adjustments to
each line item, including overhead costs and costs attributable to specific
programs
b. estimates revenues and sources for upcoming year
c. makes adjustments accordingly to expenditures and revenues for the
projected fiscal year’s budget
d. projects capital budget needs according to replacement schedule
guidance of both State DOT
e. documents assumptions used in preparing the budget (for example,
assumes available funding, increases in fuel prices, increased insurance
expenses, more operator overtime, etc. )
7. The Public Transportation Director presents the budget to the Transportation
Advisory Board for review and input.
8. The Public Transportation Director prepares the budget request for submission
to the County Manager for the fiscal year recommended budget preparation.
d. Grant Budgeting and Accounting
i. Each federal and state grant is assigned individual account codes to record all fiscal
transactions.
ii. The agency enters the necessary budget accounts upon Person County Board of
Commissioners approval.
iii. All expenditures are supported by adequate documentation as required by the grantor
agency, the Single Audit Act, Federal OMB Circular A-133, and the State Single Audit
Implementation Act.
iv. The Person Area Transportation System charges all expenditures directly to assigned
grant account line items instead of charging grant related costs toward an indirect rate
and subsequently transferring to grants periodically by journal entry.
v. The Person Area Transportation System is responsible to maintain accurate grant
budgets and ensure all grant expenditures and revenue transactions are coded to the
appropriate accounts.
e. Mutli-Year Grant Budgeting and Accounting
i. Grants that continue into the following fiscal year(s) are often accepted by the Person
Area Transportation System. For those grants that continue into the next fiscal year,
once the actual grant budget balances are determined after the end of the fiscal year, a
budget amendment is prepared if the amount appropriated in the new budget year
needs adjusting.
ii. The Person Area Transportation System establishes a grant’s project ordinance when
major multi-year grant programs are accepted. These ordinance budget and record
grant revenues and expenditures for the entire grant period and alleviates the need for
the Person Area Transportation System to compute and re-budget the grant each
subsequent fiscal year. When major multi-year grants are received, the Person Area
Transportation System determines if a grant project ordinance is appropriate.
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f. Budget Revisions and Amendments
i. A mid-year budget revision or amendment may necessary when the revenues
unexpectedly increase or decrease, or expenditures are accruing at a faster rate than
budgeted for. Grants are often amended to shift allocated funds from one cost category
to another, increase or decrease the grant budget, change the grant period or to alter
the programmatic requirements.
ii. Any information involving an amendment that alters the total grant revenues should be
given to the Finance Director by the Transit Director for preparation of a budget
amendment. This budget amendment requires Person County Board of Commissioners
approval.
iii. The budget cannot be legally amended after the end of the fiscal year to incorporate
previous amendments approved by the grantor. Therefore, Person Area Transportation
System uses caution to ensure no grant funds are expended prior to approval and
appropriation by the Person County Board of Commissioners.
iv. General budget procedures include:
1. The Public Transportation Director reviews the budget status on a monthly basis
and compares actual expenditures to budgeted amounts by line item.
2. If revenues unexpectedly increase or decrease, or expenditures are accruing at a
faster rate than budgeted for, the Public Transportation Director identifies
where adjustments are required and where corresponding adjustments are
needed to balance the budget.
3. If needed, a budget revision/amendment request is prepared by the Public
Transportation Director and submitted to the Finance Director to present to the
Person County Board of Commissioners for review and approval.
4. If needed, a NCDOT grant budget revision/amendment request is prepared by
the Public Transportation Director and submitted per NCDOT instructions.
v. Required approval of local budget amendments is as follows:
1. The following budget amendments can be initiated solely by the authority of the
Transit Director:
Salary position title changes, no change to salary. (County Manager
approval)
Updates to salary grades. (County Manager approval)
Move current salary filled positions to minimum, not re-evaluations.
(County Manager approval)
Carryovers with continuing line items within division.
Transfer of general fund within same division.
New accounts for existing grants (with permission).
Technical corrections, miscoding of account numbers.
Reclassifications of revenues, no change to total.
Addition of a line item (includes line items with zero balances).
Carryovers with new line items.
Line item transfers (excluding salary savings) to other line items
Move vacant salary positions to midpoint. (County Manager approval)
Transfer of Salary Savings to other line items.
New and recurring expenses
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2. The following budget amendments will require approval by the Person County
Board of Commissioners:
New positions.
New Commitments (contracts & maintenance agreements).
Transfer of general fund to another division.
Carryovers with continuing items and in different department/division.
Transfer of savings of up to $50,000 to meet emergency program needs
and/or critical services.
Salary increases (unbudgeted).
Re-evaluation of currently filled salary positions.
Revenue increases/decreases for established programs.
New programs.
New grants that require general fund money.
Requests from endowment/reserve.
Use of fund balance.
New grants with no general fund money.
g. Structure of Accounts (UPTAS)
i. As recommended by NCDOT PTD, the Person Area Transportation System uses the
Uniform Public Transportation Accounting System (UPTAS).
h. Governmental Generally Accepted Accounting Principles
i. It is a policy of Person Area Transportation System to adhere to any restrictions
imposed by its funders, both governmental and private. Therefore, Person Area
Transportation System employees are expected to bring to the attention of
management any instances of non-compliance.
ii. When Person Area Transportation System is expending federal and state funds, prior
written approval from the funder agency is required for the purchase of:
Capital expenditures for land or buildings
Insurance and indemnification expenses
Pre-award costs
Public information service costs
Publication and printing costs
Rearrangement and alteration costs
iii. In accordance with federal regulations, Person Area Transportation System does not
request federal funds to pay for the following costs:
Bad debt expense
Contingencies
Contributions or donations to others
Entertainment expenses
Fines and penalties
Interest, fundraising and other financial costs
iv. Federal funds received in advance are deposited into a separate federally insured bank
account. Any interest earned from those monies are submitted to the funder agency.
i. Direct/Indirect Cost Recognition and Recovery
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i. All direct costs incurred to support a grant funded program are funded from the Person
Area Transportation System operating budget, the grant budget, or from new
appropriations authorized by the Person County Board of Commissioners.
ii. Indirect cost expenditures and revenues are analyzed at the end of each year and
reclassified if necessary to prevent overstatement of revenues and expenditures
amount funds. Indirect costs to grants are assessed in accordance with an approved
cost allocation plan that was developed in accordance with OMB Circular A-87 or A-122.
If the transit agency has not been assigned a cognizant federal agency, it negotiates
with NCDOT to establish an indirect cost rate.
iii. In addition to the initial approval by the cognizant agency or NCDOT, the rate is updated
annually and the plan resubmitted for approval if the agency has made a change in its
accounting system, thereby affecting the previously approved cost allocation
plan/indirect cost rate and its basis of application, the proposed cost allocation
plan/indirect cost rate exceeds the amounts approved previously by more than 20
percent, or there is a changes to the cost allocation plan/indirect cost rate proposal
methodology.
j. Preparing Requests for Reimbursement from NCDOT
i. Requests for reimbursement from NCDOT are prepared on a monthly basis by the Public
Transportation Director. Procedures for submitting these requests are as follows:
1. All requests must be completed in the NC Enterprise Business Services (EBS)
system.
2. Prepare a cover letter on agency letterhead.
3. Attach supporting documentation for expenses for each request for
reimbursement, following NCDOT’s Supporting Documentation Guidelines for
Administrative Expenses.
4. Maintain all copies within department files.
k. Advance Payment Requests
i. Person Area Transportation System requests advance payment for federal and state
shares of eligible costs for certain items prior to issuing payment to the vendor. This is
will be limited to high-cost capital items such as vehicles and computer systems.
Person Area Transportation System deposits the advanced payment into its bank
account upon receipt and issue payment to the vendor within three (3) business days.
ii. It will be the responsibility of the Public Transportation Director to facilitate and
complete all necessary requirements associated with requesting advance payment from
NCDOT. Physical copies of all supporting documentation and checks will be kept in files
in the PATS office, while electronic copies are stored and backed up on the County
server.
iii. The advance payment request is submitted after receipt of the vendor invoice. The
following is submitted to NCDOT when requesting an advance payment:
Cover letter on agency letterhead
Completed reimbursement request (usual capital invoice submitted to
NCDOT)
Copy of vendor invoice
Executed "Advance Payment Certification" form with original signature
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Copy of order form sent to vendor
Copy of vehicle title application (MVR-1)
iv. NCDOT reviews the documentation for completeness and holds the request until they
are notified that the vehicle has been received and accepted. Once Person Area
Transportation System receives the Capital/Expense requested the following procedure
is followed in order to complete the advance payment process.
1. Fax the capital / vehicle inspection form to NCDOT at 919-733-1391.
2. Telephone Person Area Transportation System’s MDS at NCDOT to ensure the
fax transmission was received 919-733-4713.
3. Request an email confirmation from NCDOT when the Capital Check is cut or
bank transfer has been sent.
4. It is the responsibility of the Public Transportation Director to deposit the
advance payment from NCDOT and to issue payment to the vendor within three
(3) business days of receipt of the vendor's invoice.
l. Grant Revenue Receipt and Recording
i. The Public Transportation Director System is responsible for preparing financial reports
to be sent to the grantor to obtain reimbursement of grant funds expended. These
reports should be submitted timely to replace agency funds expended during the
reporting period.
ii. NCDOT sends all funds via bank transfer.
iii. For any grant revenues received, the revenues are always be deposited daily and
credited to a grant revenue account code. Grant reimbursements are never credited to
an expenditures account.
iv. The Public Transportation Director reviews grant revenues periodically to ensure
proper recognition. At the end of each fiscal year, they review each grant program to
accrue the earned revenue to be received after the end of the fiscal year from the
grantor.
m. Invoicing for Purchase-of-Service Arrangements
i. Preparing invoices for organizations that purchase service from Person Area
Transportation System is the responsibility of the Director & Clerk/Dispatcher.
ii. Invoice preparation is initiated during the first week of the next month and bills must
be mailed or delivered by the 15th of the following month.
iii. Invoices/billing statements are created based on the reports generated in the
dispatching software.
iv. Invoices are also created based on the reports generated in the dispatching software
for each grant. A check request is completed to be cashed and moved into the revenue
account.
n. No-Show Fee
i. Passengers who are a no-show will be charged a no-show fee which is equivalent to the
full price of a one way trip in the respective zone. Administration has an excel
spreadsheet that tracks the no shows and payment.
ii. If a no show occurs, a staff member places the passenger’s name, date and amount
owed in the spreadsheet. Passengers are called and told they owe a no show fee and
that it must be paid in the office or to the driver upon their next pick-up. Passengers
who refuse to pay the no-show fee will be refused service.
iii. Passengers will three or more consecutive non-paid no show fees will be suspended
until the account is paid in full at our office.
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iv. No show fee revenue is placed in the daily deposit and into the general revenue
account.
o. Fare Collection and Storage
i. Cash and farebox revenues are maintained in a secure location, such as a locked filing
cabinet.
ii. It is the intent of Person Area Transportation System not to put any of its employees in
a position that might cause injury to them or to put them in a situation that might cause
suspicion of their handling of farebox collections. Locked fareboxes are installed on
each transit vehicle to minimize the need for cash handling and the risk of theft.
iii. Fares may be paid by cash, check, or prepaid ticket. All passengers must pay exact fare
amount upon boarding.
iv. To qualify to certain grants, passengers must complete an application and attached any
required documentation.
v. Cash fare must be paid with exact change only. Drivers are not to make change for
passengers. It is the responsibility of the passenger to have correct change and
passengers are notified in writing of this policy as part of the fare policy.
vi. Passengers hand the driver the correct fare amount. Drivers inspect each fare in order
to verify that the correct fare has been paid. Drivers keep all money in an envelope with
their name on it. The shuttle currently uses a farebox. Only the Director and
Administrative Assistant have keys to the farebox.
vii. Drivers write a receipt for all fare money collected.
viii. It is the responsibility of the drivers to ensure that money collected matches the
amount listed on the receipts.
ix. Drivers must turn in all money and receipts by the following business day of the
collection of the money. Drivers who are going on vacation or other leave must ensure
money is turned in prior to them going on leave.
x. Each driver’s envelope is emptied and counted separately from the other driver’s
envelope. The Administrative Assistant is the primary collector and counter of money.
Once the money is counted and money matches the receipts, a receipt will be written
for the driver in the total amount of the money received and given back to the driver as
proof that they handed in all of their money and receipts.
xi. The Administrative Assistant reconciles the total with the daily driver reports and
completely an overall daily deposit report for finance.
xii. If there is a discrepancy between fares counted and driver reports, the driver is notified
of the discrepancy. If a resolution is not obtainable, meaning the money is no
accounted for, the driver will be responsible for the amount on the receipt that is
unaccounted for. If discrepancies continue with any driver, disciplinary action is taken.
xiii. All monies and prepaid tickets are documented on a spreadsheet to be compared to
the manifest to ensure all riders payments are accounted for.
xiv. Deposits are done daily, but most be completed if the total fare monies collected
amount to $250. The Administrative Assistant will complete the deposit slip.
xv. In general, the Public Transportation Director will be responsible for making the daily
deposit.
xvi. The receipts, deposit receipt, pink copy of the deposit slip and the report will be turned
into the Finance department.
xvii. The Public Transportation Director will keep the yellow copy of the deposit slip and
enter the deposit into a spreadsheet to track the daily deposits.
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xviii. Per PTD requirements the department will have two employees present during cash
revenue reconciliation and completion of the deposit slip.
xix. In the absence of administrative staff members due to vacation or illness, duties will be
adjusted as needed for fare collection and deposit completion.
p. Prepaid Tickets
i. Person Area Transportation System does not allow passengers to prepay for
transportation services.
ii. Passengers who want to prepay for transportation services may purchase prepaid
tickets to be used for future transportation.
iii. Prepaid tickets are printed by an outside vendor on medical grade paper to avoid
counterfeiting and take the place of cash. The prepaid tickets will have a number issued
on each of them for tracking purposes.
iv. Prepaid tickets may be purchased at our office or by completing the mail in order form.
v. Prepaid tickets will be stored and locked in the safe in the Person County Finance
Office. The Public Transportation Director will be responsible for obtaining the prepaid
tickets from the Finance Office as needed. The Public Transportation Director may
designate the responsibility to another staff member in his/her absence upon notifying
the Finance Director of this occurrence.
vi. Staff will log the acceptance of prepaid tickets from the Finance Office and the sale of
ticket numbers to passengers. Prepaid tickets will be locked in the Clerk/Dispatcher
office and the Clerk/Dispatcher will notify the Public Transportation Director when the
quantity is less than 40. Upon notification, the Public Transportation Director will obtain
more prepaid tickets from the Finance Office.
vii. Passengers are told to write their name and the date of the back of the ticket before
handing the tickets to the driver.
q. Checks
i. Checks received from contracted agencies follow the same deposit procedures as the
fare collection process.
ii. Staff will made copies of received checks to be placed in the appropriate month’s billing
folder with the attached invoice.
iii. The Public Transportation Director keeps track of all incoming checks on a spreadsheet
to ensure balances are paid in full and within the timeframe listed in the contract.
r. Funds Received by Wire Transfer
i. All NCDOT and Medicaid funds are received by wire transfer. Once the Public
Transportation Director is aware of a wire transfer, the Director will notify the Finance
Office of the incoming funds and the account to place the funds.
s. Inter-Fund Transfers
i. The Person Area Transportation System department’s funds are recorded in a separate
departmental fund within the General Fund along with other departments.
1. All funds received are to be deposited into the county’s checking account.
2. The Public Transportation Director monitors the balance of funds for the
department and determines if there are adequate funds to pay the daily
expenses.
3. When it is necessary to transfer funds from one account line item to another,
the Public Transportation Director makes the request on MUNIS. Once approved
the Public Transportation Director is notified via email.
t. Procurement Cards
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i. Procurement cards (also known as purchasing cards) enable a unit to make small
purchases more quickly and efficiently by minimizing paperwork and processing time.
Similar to VISA and MasterCard formats, procurement cards can be processed by
vendors just like personal charge cards. Rather than making multiple small payments to
many vendors, the organization writes one check to the card provider. Vendors receive
payment within a few days of the transaction without extra paperwork. Posting
information and transaction detail can be entered by the cardholder when monthly
statements are reviewed prior to payment, thereby significantly reducing data entry
tasks in accounts payable. Inventories can be reduced or eliminated, since items are
now purchased when needed. As with any type of purchasing procedure, adequate
controls must be established to ensure that public funds are expended properly. These
include built-in transactional limits for any one card, cardholder education, pre-audit
certification, and supervisory review procedures. Purchases can be limited by amount
per transaction, total per time period, number of purchases per time period, Merchant
Category Codes, etc. Each card can be encoded with specific controls unique to the
cardholder’s job responsibilities. These controls also can be enacted on individual,
divisional, or departmental lines. Cardholder education includes informing card users
of all procedures, regulations, etc. and the consequences of improper use. It is strongly
recommended that cardholders sign acknowledgements that they have read and
understand these rules prior to receipt of a card. Cardholders should also be trained to
verify and code monthly statements to facilitate uploading of information into the
accounting system. Sales tax for refund purposes can also be coded at this point. The
purchases made via procurement cards are subject to the pre-audit certification
requirements. Open purchase orders can be prepared to cover estimated procurement
card expenditures over a specific period of time. Typically, a set amount will be
encumbered to cover purchases through procurement cards during the period. After
cardholders have verified and coded their monthly statements, supervisors should
review the transactions and costed receipts. After departmental approval, procurement
card details can be uploaded into the accounting system and the payment can be
processed. Transaction data can be analyzed to determine trends and exceptions, and
used for expenditure and budgeting projections.
u. Fuel Cards
i. It is the policy of Person Area Transportation System to allow the use of fuel cards by
the employees for fuel expenses as outlined below
ii. Authorization
1. The Public Transportation Director or designated Card Manager is responsible
for the monitoring and management of the use of fuel cards.
2. The Public Transportation Director determines which employees to authorize
for use of the fuel cards. Each employee authorized to fuel a County vehicle is
issued a (4) digit Personal Identification Number (PIN) to be used with an
assigned vehicle County Fleet Card.
3. Once a PIN is issued to the employee by the Finance Office and used for the first
time, it will be active until the designated Department Card Manager terminates
the user’s authority with the fleet card company.
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4. These cards authorize employees to fuel County vehicles only at specific fuel
sites with fuel only and are not to be used for personal vehicles or non-business
purposes. Using the Fleet Cards for any purpose other than official business use
is against County policy and will be considered theft of County property.
iii. Process
1. Each time employees use the card, they are required to completely fill the
vehicle’s fuel tank and enter an accurate odometer reading, along with their PIN
number. This will allow the County to monitor fuel usage and track required
maintenance intervals.
2. The cards are to be kept with the vehicle due to the fact that in many cases,
there are multiple users on the same card.
3. With the issue of these cards, a reimbursement to an employee is not allowed
for filling a County vehicle with cash or personal card, unless authorized by the
Director for emergencies or other related issues.
4. If a card is lost or stolen, the designated Card Manager is responsible for
blocking use of that card and ordering a replacement.
iv. Control
1. The Public Transportation Director is responsible to make sure that any charges
are authorized expenditures and that adequate monies are available within the
agency’s approved budget.
2. A reconciliation of the billing is also the responsibility of the Public
Transportation Director to determine any discrepancies and whether all user
policies have been abided by.
3. The Finance Director is responsible to make sure that any charges by the
department’s use of the fuel card are authorized expenditures and that
adequate monies are available within the agency’s approved budget.
4. Personal use is prohibited and employees will be required to sign a user
agreement before the card is issued. If it is determined that the employee is in
violation of the user agreement, appropriate disciplinary actions will be taken.
v. Petty Cash
i. Person Area Transportation System does not have a petty cash fund.
w. Bill Payment
i. Mail is received daily.
ii. Check request is either performed using a check request form or through MUNIS. The
original vendor invoice and other supporting documentation must be attached or
uploaded.
iii. The MUNIS software tracks all check requests and payments for future reference.
x. Payroll Preparation and Timekeeping
i. All employees worked time and time off is recorded and submitted in MUNIS. All
employees have unique logins and passwords to entire their time. The County Finance
office distributes a biweekly payroll timesheet schedule for the calendar year in the
winter of the previous year.
ii. Supervisors will be responsible for reviewing time and ensuring it is accurate. Once
reviewed, supervisors will approve all time in MUNIS.
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iii. Personnel Action Forms (PAFs) are used for any pay rate or employment changes and
must be submitted to the County Human Resources department as stated on the
biweekly payroll timesheet schedule for the calendar year.
iv. All county employees are paid through direct deposit with the exception of a new
employee’s first paycheck. Employees may access their pay stub, W2 and W4
information in MUNIS.
y. Reconciliations of Other General Ledger Accounts
i. Since the County has one bank account for multiple departments, these balance sheet
accounts do not segregate Person Area Transportation System transactions in a way
that is reportable, such as a separate fund would do. The county accounts for Person
Area Transportation system revenues and expenditures separately, but not assets and
liabilities since they encompass many departments. County assets and liabilities are
segregated is in the annual audit.
ii. Income/Revenues- These accounts are described as income from grants, fares,
purchase-of-service contracts, contributions, in-kind contributions, etc.
1. Income- The amount charged to the various cash accounts should be reconciled
with funding requests, funders reports, draw down schedules, etc.
2. Expenses- These accounts are described as expense line items.
3. Gross Salary Accounts- The balances in the gross salary accounts should be
added together and reconciled with the amounts reported on quarterly payroll
returns.
z. Financial Reporting
i. Financial statements are prepared and maintained to assist in monitoring revenue
and expenditures. Financial statements are presented to programs administered by
the Person Area Transportation System on a monthly basis.
ii. Month-End
1. The month-end process is as follows:
a. After the General Ledgers are updated, the Public Transportation
Director will review the revenue and expenditures in MUNIS.
b. If an errors/discrepancies are noted, the Director notifies the Finance
Office for correction. If errors are detected, the Director must notify
the Finance Office by the 10th business day of the following month.
c. The County Finance Director or designee also reviews the revenue
and expenditure statements to verify that they are complete and
accurate.
d. Once errors/discrepancies are realized, the Finance Office posts the
necessary journal entries and then notifies the department head of
the correction.
iii. Year-End
1. The year-end process for Person Area Transportation System includes review
of their revenue and expenditure reports, which can be reviewed at any time
throughout the year and for prior and current fiscal years in MUNIS. Person
County accrues prior year revenues and expenditures through August, so the
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prior fiscal year reports are constantly updating until these accruals stop. At
that point, the auditors come in and audit the prior fiscal year, and the audit
report is typically completed and available online around December. No
separate year-end reports are transmitted between the Person Area
Transportation System and the Finance Office since this information is
available at all times on the accounting system.
2. Audit Adjustments
a. During the audit process, the procedures for audit adjustments are as
follows:
b. Auditors prepare journal entries and present them to the Finance
Director. A copy is submitted to the department.
c. The Public Transportation Director reviews the journal entries.
3. Financial Statements
a. The procedures for preparing and maintaining final financial
statements are as follows:
b. After the final General Ledgers are posted for the year, the Public
Transportation Director reviews the revenues and expenditure
statement and balance sheet for each program. The Director files a
copy for reporting purposes.
aa. Audit
i. The Person Area Transportation System undergoes an annual audit through the
county. The purpose of the audit is to attest to the fairness of management’s
assertions in the financial statements or to evaluate whether management has
efficiently and effectively carried out its responsibilities.
ii. The Finance Director is responsible for initiating the annual audit process but an
outside firm conducts audit. The audit is completed by December 31st of each year
and submitted to NCDOT within nine months after the end of the fiscal year.
iii. The basic requirements for the financial reporting model include the presentation of
certain basic financial statements as well as a management’s discussion and analysis
and certain other required supplementary information.
iv. The basic financial statements include:
1. Government-wide financial statements;
2. Fund financial statements; and
3. Notes to the financial statements
v. A management’s discussion and analysis is also required, and should include the
following:
1. Discuss: The government’s current year results in comparison with the prior
year’s results with emphasis being placed on the current year, with the focus
being placed on the primary government.
2. Discuss: The financial managers should report the most relevant information
and avoid “boilerplate” discussion.
3. Include: A brief description of the basic financial statements, including the
relationships of the statements to each other, and the significant differences
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in the information they provide. It should also include an analysis to assist
readers in understanding why measurements and results reported in fund
financial statements either reinforce information in government-wide
statements or provide additional information.
4. Include: Condensed financial information derived from government-wide
financial statements comparing the current year to the prior year. The
elements included in the analysis are below:
Total assets, distinguishing between capital and other;
Total liabilities, distinguishing between long-term and other;
Total net assets, distinguishing between types;
Program revenues, by major source;
General revenues, by major source;
Total revenues;
Program expenses, at a minimum by function;
Total expenses;
Excess (deficiency) before contributions to term and permanent
endowments or permanent fund principal, special and
extraordinary items, and transfers;
Contributions;
Special and extraordinary items;
Transfers;
Change in net assets;
Ending net assets.
5. Include: An analysis of the government’s overall financial position and results
of operations to assist users in assessing whether financial position has
improved or deteriorated as a result of the year’s operations.
6. Include: An analysis of balances and transactions of individual funds.
7. An analysis of significant variations between original and final budget
amounts and between final budget amounts and actual budget results for
the general fund (or its equivalent).
8. A description of significant capital assets and long-term debt activity during
the year, including a discussion of commitments made for capital
expenditures, changes in credit rating, and debt limitations that may affect
the financing of planned facilities or services.
9. A discussion by governments that use the modified approach to report some
or all of its infrastructure assets.
10. A description of currently known facts, decisions, or conditions that are
expected to have a significant effect on financial position (net assets) or
results of operations (revenues, expenses, or other changes in net assets).
vi. Following the completion of the countywide audit, the Public Transportation
Director will meet with the County Manager or designee to discuss any audit
findings and develop a plan and timeline for rectifying any identified problems. It is
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the responsibility of the Public Transportation Director to ensure that the problems
are addressed prior to the next audit.
This policy is hereby adopted by the Person County Board of Commissioners on the 3rd day of June, 2019.
_______________________________________
David B. Newell, Sr., Chairman
Person County Board of Commissioners
Attest:
____________________________________________
Brenda B. Reaves, Clerk to the Board
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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: 5/13/19 Rescinds: Drug & Alcohol Policy 11/20/17
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 3rd day of June, 2019.
____________________________________________
David B. Newell, Sr., 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: Glen LaBar Jr.
Title: Public Transportation Director
Address: 341 S. Madison Blvd 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: June 3, 2019
Agenda Title: Third Amendment to the Contract Agreement and a New Franchise
Ordinance for Upper Piedmont Landfill
Summary of Information: The County’s Agreement with Republic Services for continued
development, use and operation of Upper Piedmont Regional Landfill was for a period of twenty
years with ten one-year extensions. The Agreement is set to expire on June 30th unless an additional
extension is agreed to by the Board or a new contract is negotiated. The Board entered into a one-
year extension of the original Agreement in June of 2017. In May of 2018, the parties agreed to a
second year extension. The Agreement is back before the Board for a third one-year extension. This
Agreement will then have had a duration of twenty-three years.
The County’s Solid Waste Disposal Franchise Ordinance was extended on May 1, 2017 for a period
of two years and is set to expire on June 30, 2019. The NC General Assembly enacted new
legislation regarding county franchise authority subsequent to the County's passage of the current
franchise ordinance. That legislation requires that all new solid waste franchises to be for "life of
site" (not exceeding 60 years). That law gives counties no option for a shorter franchise. The law
also repealed a previous requirement for a public hearing prior to adoption of the new franchise.
Recommended Action: Authorize the Chairman to enter into a Third Amendment to the
Contract Agreement with Republic Services and adopt the new Franchise Ordinance for the life
of the site for Upper Piedmont Landfill.
Submitted By: Heidi York, County Manager and Ron Aycock, County Attorney
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PPAB 3633737v1
THIRD AMENDMENT TO
AMENDED AND RESTATED AGREEMENT
FOR CONTINUED DEVELOPMENT, USE AND
OPERATION OF UPPER PIEDMONT
REGIONAL LANDFILL
THIS THIRD AMENDMENT (“Third Amendment”) is made effective this 3rd day of
June, 2019, to that certain Amended and Restated Agreement for Continued Development, Use
and Operation of Upper Piedmont Regional Landfill (“New Landfill” as defined in the
Agreement), by and between Person County, North Carolina, a political subdivision, organized
and existing under the laws of the State of North Carolina (hereinafter referred to as the
“County”), and Republic Services of North Carolina, LLC, a limited liability company organized
and existing under the laws of Delaware, d.b.a. Upper Piedmont Regional Landfill (hereinafter
referred to as “Republic”).
RECITALS
WHEREAS, in August of 1994, the parties entered into an Agreement for Development,
Use and Operation of New Landfill; and
WHEREAS, in August of 1995, the parties entered into the Agreement; and
WHEREAS, the New Landfill first began operation on July 1, 1997; and
WHEREAS, in June of 2017, the parties entered into the First Amendment to Amended
and Restated Agreement for Continued Development, Use and Operation of Upper Piedmont
Regional Landfill (“First Amendment”); and
WHEREAS, in May of 2018, the parties entered into the Second Amendment to
Amended and Restated Agreement for Continued Development, Use and Operation of Upper
Piedmont Regional Landfill (“Second Amendment”); and
WHEREAS, the parties desire to amend the Termination Date set forth in the Agreement,
as amended by the First Amendment and the Second Amendment.
NOW, THEREFORE, the parties hereto agree as follows:
1. The recitals set forth above are true and correct and are hereby incorporated
herein by reference. Capitalized terms used herein and not otherwise defined shall have the
meanings given them in the Agreement, the First Amendment and Second Amendment.
2. Section 12.1 of the Agreement, as amended by the First Amendment and Second
Amendment, is hereby deleted in its entirety and replaced with new Section 12.1 that reads as
follows:
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2
PPAB 3633737v1
“12.1 Term. Subject to the terms and conditions of this Agreement,
the term of this Agreement shall commence on the date set forth in
the preamble and shall continue for at least twenty-three (23) years
from the Effective Date (through and including July 1, 2020)
provided, however, after twenty-three (23) years the County may
continue to use the New Landfill on a year-to-year basis under the
same terms and conditions until such time as the New Landfill is, in
Upper Piedmont’s discretion, completely filled or otherwise
rendered unusable or unfeasible for use as a sanitary landfill. The
term of this Agreement shall in no case exceed thirty (30) years from
the Effective Date.”
3. Except as set forth herein, the Agreement, First Amendment and Second
Amendment shall remain in full force and effect. In the event of a conflict between the terms of
this Third Amendment and those contained in the Agreement, First Amendment or Second
Amendment, the terms of this Third Amendment shall prevail and control.
4. This Third Amendment may be executed in one or more counterparts, each of
which shall be deemed an original and all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the County and Republic have caused their respective duly
authorized officers to execute this Third Amendment as of the day and year first above written.
[SIGNATURE BLOCKS ON FOLLOWING PAGES]
112
PPAB 3633737v1
ATTEST: PERSON COUNTY, NORTH CAROLINA
By:
By:
Brenda B. Reaves
Clerk to the Board
David B. Newell, Sr.
Chairman
[County Seal] Date: ________________________________
APPROVED AS TO FORM:
By:
C. Ronald Aycock
County Attorney
This instrument has been pre-audited in the
manner required by the Local Government
Budget and Fiscal Control Act
By:
Amy Wehrenberg
County Finance Officer
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PPAB 3633737v1
ATTEST: REPUBLIC SERVICES OF NORTH
CAROLINA, LLC D.B.A. UPPER
PIEDMONT REGIONAL LANDFILL
By:
By:
[Corporate Seal]
Shane Walker
Vice President
Date: _________________________________
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AGENDA ABSTRACT
Meeting Date: June 3, 2019
Agenda Title: 6-14 Workforce Pipeline Plan Approval
Summary of Information: Piedmont Community College, Person County Schools and Person
County Economic Development have partnered in creating a workforce development plan to create
a pipeline of skilled workers for existing and prospective industries, beginning in 6th grade. The
ED Director is requesting the release of $200,000 of previously-granted Golden LEAF funds for
the purpose of supporting the plan. The plan outline and budget for these funds are attached.
Recommended Action: Authorize the County Manager to sign the Memorandum of
Understanding (MOU) and approve the Release of the Funds, totaling $200,000 in accordance
with the MOU of a fund balance appropriation of $200K from the Economic Catalyst Fund.
Submitted By: Sherry Wilborn, ED Director
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MEMORANDUM OF UNDERSTANDING
REGARDING 6-14 WORKFORCE PIPELINE PLAN GRANT
This Memorandum of Understanding (hereinafter “MOU”) is entered into between Person County
Government (hereinafter “the County”), Person County Schools (hereinafter “PCS”) and Piedmont
Community College (hereinafter “the Community College”), together (‘the Parties”).
A. Purpose. This MOU sets forth the roles and responsibilities of the County, PCS and the
Community College in order to ensure the success of the 6-14 Workforce Pipeline Plan, the
mission of which is to create a strategic pipeline of workers in targeted industries that reflect
Person County’s economic development focus areas to ensure long term viability of the
workforce through primary educational partners. The aforementioned focus areas are listed as
Advanced Manufacturing, Technology, Entrepreneurism, Agriculture and Trades.
B. Term of MOU. This MOU will remain in effect from the date of the last signature through July
31, 2026, unless superseded, terminated, cancelled or revoked by law or by one of the Parties as
provided below. It shall be reviewed by the Parties and amended to reflect material changes to the
Finish Line Grant Program. Amendments shall be in writing and signed by all Parties.
C. Roles and Responsibilities. The following are agreed roles and responsibilities each Party will
undertake to ensure the success of the 6-14 Workforce Pipeline Plan Grant Program;
PCS
(I) PCS agrees to use grant funds to accomplish plan goals in the following ways:
(a) To begin a career exploration course with incoming 6th graders focusing on
targeted industries beginning in 2019-2020 school year.
(b) To conduct professional development training for PCS teachers in respective
career focused courses.
(c) To collect pre-post survey data for students enrolled in career exploration program
beginning in 2019-2020 school year.
(II) PCS agrees that adequate and applicable lab equipment will be provided to students
enrolled in program-related courses through other funding sources in addition to this
grant program available to PCS to supplement the grant funding.
Community College
(I) The Community College agrees to use grant funds to accomplish plan goals in the
following ways:
(a) To hire a Coordinator for Work Based Learning focused on securing internships,
externships, co-ops, apprenticeships, and shadowing experiences for students enrolled
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in course work related to targeted industry areas for PCS juniors and seniors and
Community College students.
(b) To conduct Outreach to Triangle Work Source workforce development partners to
scale this effort throughout region and to identify other funding sources for equipment
and professional development for faculty teaching career exploration courses.
(c) To develop a targeted marketing campaign, with input from employers highlighting
opportunities available locally, integrating alumni where possible, to encourage
students from PCS and the Community College to consider careers in these fields.
(d) To integrate learning tools available from Oracle, Apple, Google, Red Hat, and SAS
into computer programming courses available through the Community College and
purchase related equipment and supplies
(e) To conduct professional development training for Community College faculty in
respective career focused courses.
(f) To track the number of students participating in internships, co-ops, apprenticeships
and shadowing experiences from PCS and the Community College each academic year
beginning in 2019-2020.
County
(I) The County agrees to provide $100,000 per calendar year for two (2) years for a
maximum of $200,000 beginning on July 1, 2019. Such funding will be appropriated to
Community College as financial/program agent for the grant program.
D. Funding. All Parties agree that the 6-14 Workforce Pipeline Plan will be self-sustaining in its
third year and that the County pledges no funds beyond Year Two (2) for the support of the plan
in accordance with this agreement.
E. Reporting. PCS and the Community College agree to collect and record the necessary data in
order to track the success of the 6-14 Workforce Pipeline Plan and to deliver an annual progress
report to the Person County Board of Commissioners and to the Person County Economic
Development Commission at a regularly-scheduled meeting in accordance with the term of the
program.
F. Confidentiality. In order to facilitate necessary information sharing and cooperation in fulfilling
the purpose of this MOU, the Parties agree that they will protect all confidential information
provided to them by the other Party in accordance with applicable state and federal statutes. Those
employees who receive confidential information will be limited by the Parties to those who need
access to it for the purpose of carrying out the functions outlined in this MOU and confidential
information shall not be disclosed to third parties for any purpose, except when required by law.
G. Notices. All notices given in connection with this MOU shall be in writing and, if routine, may be
sent by fax or email and, if requested, followed by first class United States mail, postage prepaid,
or sent by certified mail, return receipt requested, hand delivered, or delivered by overnight
courier. Notices shall be delivered to the appropriate Parties at the addressees set forth below.
Community College:
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Pamela G. Senegal, Ed.D
President
Piedmont Community College
1715 College Dr.
Roxboro, North Carolina
Person County Schools:
Rodney L. Peterson, Ed.D
Superintendent
Person County Schools
304 S. Morgan Street
Roxboro, North Carolina
Person County Government:
Heidi N. York
County Manager
Person County Government
304 S. Morgan Street, Room 212
Roxboro, NC 27574
H. Force Majeure. No party shall be deemed to be in default of its obligations hereunder if and so
long as it is prevented from performing such obligations by any act of war, hostile foreign action,
nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other
catastrophic natural event or act of God.
I. Termination. This MOU may be terminated by either Party upon at least 60 days written notice.
In the event changes in state or federal law or regulations occur which render performance
hereunder illegal, void, impractical or impossible, then this MOU shall terminate immediately
upon written notice from one or more Parties.
J. Expectations and Performance Measures. The expectations and performance measures for this
project shall be as provided for in the attached appendix one identified as “Person County 6-14
project Plan”. The Community College and PCS shall report to the County on the
accomplishments and status of the program at least semi-annually. The first such report shall be
made by February 21, 2020.
K. Miscellaneous.
1. The headings that appear in this MOU are inserted for convenience only and do not extend the
scope of the MOU.
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2. This MOU is subject to the provisions of all applicable federal and state laws, regulations,
policies and standards.
3. This MOU constitutes the entire understanding of the Parties with respect to the subject matter
of this MOU and all prior agreements, understandings, and representations concerning the
subject matter of this MOU are hereby superseded and of no effect.
4. This MOU is not transferrable except with the written consent of the Parties.
5. This MOU is made under and shall be governed and construed in accordance with the laws of
the State of North Carolina.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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L. Signatures. By signatures to this MOU, the Parties agree to the terms and conditions outlined
above and will work in good faith to implement the provisions herein and address any issues that
arise that may affect these terms and conditions during the period of the MOU.
IN WITNESS HERETO, the Parties have executed this MOU in triplicate originals by their
duly authorized officials:
PCS
__________________________________________ Date: ___________________
Superintendent’s Signature
Community College
__________________________________________ Date: ___________________
President’s Signature
County
__________________________________________ Date: ___________________
County Manager’s Signature
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Person County 6‐14 Workforce Project Plan
Summary Create a strategic pipeline of workers in targeted industries that reflect Person County’s
economic development focus areas to ensure long term viability of the workforce
through primary educational partners:
Advanced Manufacturing
Technology
Entrepreneurism
Agriculture
Trades
Key Activities I. Hire a Coordinator for Work Based Learning focused on securing internships,
externships, co‐ops, apprenticeships, and shadowing experiences for students enrolled
in course work related to targeted industry areas for Person County Schools (PCS),
juniors and seniors and Piedmont Community College (PCC) students. Outreach to
Triangle Work Source workforce development partners to scale this effort throughout
region and to identify other funding sources for equipment and professional
development for faculty teaching career exploration courses.
II. Develop a targeted marketing campaign, with input from employers highlighting
opportunities available locally, integrating alumni where possible, to encourage
students from PCS and PCC to consider careers in these fields.
III. Integrate learning tools available from Oracle, Apple, Google, Red Hat, and SAS into
computer programming courses available through PCC and purchase related equipment
and supplies.
IV. Begin career exploration course with incoming 6th graders focusing on targeted
industries beginning in 2019‐2020 school year and purchase related equipment and
supplies.
V. Conduct professional development training for PCS teachers, and for PCC faculty in
respective career focused courses.
Baseline data I. Current number of students participating in internships, co‐ops, apprenticeships and
shadowing experiences in 2018‐19 from PCS and PCC.
II. Survey of awareness among current PCS 6
th ‐ 8th graders, and newly enrolled PCC
students in pursuing careers in targeted fields at the beginning of academic year 2019‐
20.
III. Number of courses that integrate named technology into computer programming
courses (Y1) and number of students enrolled. Number of students earning credentials
from targeted industries (Y2).
IV. Pre‐post survey data for students enrolled in career exploration program.
V. Number of teachers and faculty (full‐time and part‐time) trained to deliver
instruction/training within targeted areas (Y1,Y2)
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Outcome I. Increase the number of students participating in internships, co‐ops, apprenticeships
and shadowing experiences by 5% from baseline in years one and two.
II. Increase the number of students with an awareness of opportunities within targeted
industries in Person County by 5% from baseline in years one and two.
III. Integration of targeted industries curriculum into formal coursework, with increase
of student enrollment by 5% from baseline in years one and two.
IV. Increased student awareness by 10% from pre to post course about opportunities in
targeted industries.
V. Increase the number of teachers/faculty members able to prepare students in target
identified areas.
Name of person responsible I. Shelly Stone‐Moye, VP for Student Support Services, PCC
II. Elizabeth Townsend, Director of Marketing/PIO, PCC
III. Dr. Barbara Buchanan, VP of Instruction/Chief Academic Officer, PCC
IV. Judy Bradsher, CTE Coordinator Person County Schools
Target start date July 1, 2019
Target completion date June 30, 2021
Budget I. Coordinator WBL $50K Years 1 and 2
II.Marketing campaign $30K Years 1 and 2
III. Course development $10K Years 1 and 2
IV. PCS lottery funds $85K Years 1 and 2
PCC and PCS Equipment funds $50K Years 1 and 2
V. Professional development $10K Years 1 and 2
Total request Year 1 $100K
Year 2 $100K
Questions about this proposal should be directed to Dr. Pamela Gibson Senegal, President, PCC
5/12/19
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