HomeMy WebLinkAbout08-03-2026 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
August 3, 2026
6:00 p.m.
This meeting will convene in Room 215 of the County Office Building.
1.CALL TO ORDER....................................................................Chairman Puryear
2.INVOCATION
3.PLEDGE OF ALLEGIANCE
4.DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
5.INFORMAL COMMENTS
The Person County Board of Commissioners has established a 10-minute period for
informal comments, excluding matters scheduled for a public hearing. Time will be
divided equally among those wishing to speak. Individuals must sign up with the Clerk
to the Board; registration opens 30 minutes prior to the start of the meeting.
6.DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A.July 20, 2026, Minutes (pgs.3-18)
B.DSS MOU with NC Department of Health and Human Services (pgs.19-45 )
C.DSS Subsidized Child Care Assistance Program (pgs.46-50)
D.DSS Energy Outreach Plan (pgs.51-55)
E.FY27 Classification & Pay Plan (pgs.56-65)
F.Person County Museum of History FY27 Funding Agreement (pgs.66-69)
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7.NEW BUSINESS
A.Funding Request for Tar River Land Conservancy to Purchase
“Dykes Tract” for Preservation, Conservation,
and Passive Recreation (pgs.70-109)..........................................................................John Hill
B.North Carolina Association of County Commissioners (NCACC)
2027-2028 Legislative Goal Proposals (pgs.110-113).........................................Katherine Cathey
8.CHAIRMAN’S REPORT
9.MANAGER’S REPORT
10.COMMISSIONERS’ REPORTS/COMMENTS
11.CLOSED SESSION
A.A motion to enter into Closed Session #1 per General Statute 143-318.11(a)(6) for
the purpose to discuss personnel with the following individuals permitted to
attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon,
and County Attorney T.C. Morphis, Jr.
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate by
the Board.
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July 20, 2026
PERSON COUNTY BOARD OF COMMISSIONERS July 20, 2026
MEMBERS PRESENT OTHERS PRESENT
Kyle Puryear Katherine M. Cathey, County Manager
Sherry Wilborn Michele Solomon, Clerk to the Board
Jason Thomas
Antoinetta Royster-ABSENT
Donald Long
The Board of Commissioners for the County of Person, North Carolina, met in
Regular session on Monday, July 20, 2026 at 9:00 a.m. in Room 215 of the County Office
Building located at 304 S. Morgan Street, Roxboro, NC.
Chairman Puryear called the meeting to order and recognized a quorum was present.
Commissioner Thomas offered an invocation, and Commissioner Long led the group in the
Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
A motion was made by Vice-Chair Wilborn and carried 4-0 to approve the
agenda.
PROCLAMATION HONORING ALEXSIS VANDER POPPEN
Chairman Puryear read a Proclamation recognizing Alexsis Vander Poppen,
Distinguished Young Woman of Person County 2025 and Distinguished Young Woman of
North Carolina 2026. The proclamation detailed her academic achievements and dual
degree enrollment at Sacred Heart University.
A motion was made by Commissioner Thomas and carried 4-0 to approve the
Proclamation Honoring Alexsis Vander Poppen.
No representative was present to accept the proclamation.
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July 20, 2026
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July 20, 2026
RESOLUTION OF APPRECIATION FOR RETIREE SUSAN ALLEN
Chairman Puryear read and presented a Resolution of Appreciation for retiree Susan
Allen. The resolution honored her 25 years of service in the Person County Tax Office,
detailing her progression through multiple roles and her service on the Safety Committee.
A motion was made by Vice-Chair Wilborn and carried 4-0 to approve the
Resolution of Appreciation for retiree Susan Allen.
Ms. Allen thanked the County, her colleagues, and Tax Administrator Russell Jones
for the opportunity to serve.
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July 20, 2026
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July 20, 2026
PUBLIC HEARING:
ACCEPTANCE OF BID AND ADOPTION OF APPROVING RESOLUTION
FOR ISSUANCE OF LIMITED OBLIGATION BONDS (LOBS) FOR
PERSON COUNTY SCHOOLS (PCS)
A motion was made by Vice-Chair Wilborn and carried 4-0 to open the duly
advertised public hearing for the Acceptance of Bid and Adoption of Approving
Resolution for Issuance of Limited Obligation Bonds (LOBs) for Person County Schools
(PCS).
County Manager Katherine Cathey explained the background of the second
installment of school facility improvements supported by limited obligation bonds. She
stated that improvements will occur at Stories Creek, Helena, Oak Lane, and South
elementary schools, focusing on classroom additions, accessibility, safety and security
upgrades, parking improvements, and emergency exits. She stated that the Board of
Education accepted a bid from HM Kern Corporation on June 11, 2026.
There were no individuals that appeared before the Board to speak in favor of or in
opposition of the duly advertised public hearing for the Acceptance of Bid and Adoption
of Approving Resolution for Issuance of Limited Obligation Bonds (LOBs) for Person
County Schools (PCS).
A motion was made by Commissioner Long and carried 4-0 to close the duly
advertised public hearing for the Acceptance of Bid and Adoption of Approving
Resolution for Issuance of Limited Obligation Bonds (LOBs) for Person County Schools
(PCS).
CONSIDERATION TO GRANT OR DENY
A motion was made by Chairman Puryear and carried 4-0 to accept the bid and
adopt the approving resolution for issuance of limited obligation bonds for Person County
Schools.
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July 20, 2026
INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Bob Brauer of 1 Bobwhite Road, Roxboro stated that he serves as the chairperson
of the Person County Environmental Issues Advisory Committee (EIAC). He expressed
concerns about the proposed Ethical Responsibilities Resolution, stating that EIAC’s
longstanding practice of publishing environmental education articles aligns with its
bylaws and benefits county residents.
Holly Forester-Miller of 45 Point Sunset Trail, Roxboro, stated that she is a
member of the EIAC. She submitted proposed edits to the resolution, intended to clarify
conflict notification procedures, permit educational communications, and provide
examples of suitable public messaging.
Lauren Resnik of 5701 Island Road, Hillsborough voiced strong opposition to
Microsoft’s data center development, alleging lack of transparency, environmental harm,
and constitutional concerns. She urged the Board to impose a permanent moratorium and
halt water/sewer permits.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Vice-Chair Wilborn and carried 4-0 to approve the
Consent Agenda with the following items:
A. June 15, 2026, Minutes
B. July 6, 2026, Minutes
C. Budget Amendment #1
D. Budget Amendment #2
E. Budget Amendment #3
F. Home & Community Care Block Grant Funding for 2026-2027
G. Tax Adjustments for July 2026
1. Tax Releases
2. NC Vehicle Tax System Pending Refunds
NEW BUSINESS:
TAX COLLECTOR SETTLEMENT
Tax Administrator Russell Jones presented the following:
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July 20, 2026
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July 20, 2026
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July 20, 2026
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July 20, 2026
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July 20, 2026
Highlights from the annual settlement report for FY 2025–26 included:
• Real and personal property collection rate: 99.1%.
• Public utilities: 100%.
• Motor vehicles (collected by DMV): 99.95%.
• Overall collection rate: 99.29%.
Jones noted the slight decrease from last year’s record 99.5% was expected
following revaluation. He described collection tools used and praised taxpayers’
willingness to meet obligations.
Vice-Chair Wilborn and Commissioner Long commended the Tax Office’s
performance.
A motion was made by Commissioner Long and carried 4-0 to accept the annual
settlement report.
ORDER TO COLLECT TAXES
Tax Administrator Russell Jones requested formal authorization to collect current
and delinquent taxes.
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July 20, 2026
A motion was made by Vice-Chair Wilborn and carried 4-0 to direct the Tax
Collector to collect taxes for 2026 and delinquent taxes from prior years.
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July 20, 2026
ADVISORY BOARDS AND COMMITTEES’ ETHICAL RESPONSIBILITIES
RESOLUTION
County Manager Katherine Cathey delivered a detailed report regarding the need
to clarify advisory board communication standards. She explained that:
• Commissioners previously requested stronger communication guidelines
ensuring advisory boards act in advisory—not advocacy—roles.
• Staff reviewed the 2012 “Ethical Responsibilities” resolution and found it
outdated and lacking clarity on communications, conflict procedures, and board
authority.
• Short-term edits were proposed to reinforce that advisory bodies:
• Advise county leadership, not advocate publicly.
• Must not present personal positions as board positions.
• Must communicate through official processes unless expressly authorized.
• May have chairs speak on behalf of the advisory board only to the Board,
County Manager, or department directors unless approved otherwise.
She acknowledged EIAC’s proposed edits submitted earlier during Informal
Comments.
She outlined a long-term plan to develop a comprehensive umbrella policy
covering:
• Appointment procedures
• Ethical standards
• Public communication rules
• Definitions of meetings
• Consistent expectations across all advisory boards
• Individualized “charges” specifying duties of each advisory board
She stated that this process will require several months of coordination with staff
and advisory boards.
Vice-Chair Wilborn expressed concern that EIAC has repeatedly acted outside its
advisory role and suggested disbanding the committee or allowing it to continue
independently as a nonprofit to avoid recurring conflicts.
Commissioner Long stated advisory boards serve at the pleasure of the Board and
should not publicly oppose county leadership. He recommended updating existing rules
rather than adopting new ones immediately, and indicated that he is not in favor of the
amended resolution as presented.
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July 20, 2026
Chairman Puryear agreed that clear communication expectations are necessary,
noting EIAC’s departures from its role and supporting adoption of the short-term
resolution as an interim measure.
Commissioner Thomas stated that he is in favor of the resolution.
Vice-Chair Wilborn stated that for the short-term she is in favor of the amended
resolution.
A motion was made by Chairman Puryear and carried 4-0 to adopt the amended
resolution and direct staff to begin work on the unified advisory board policy.
Commissioner Long was recorded as voting in the affirmative based on the
Board’s Rules of Procedure.
NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS (NCACC)
LEGISLATIVE GOAL PROPOSALS
County Manager Katherine Cathey Manager reviewed NCACC’s biennial
legislative goals development process, explaining:
• Counties submit proposed legislative goals every two years.
• Proposals undergo multi-stage review by NCACC committees before final
adoption.
• The deadline for submissions is August 14, 2026; the Board’s next meeting is
August 3.
•Several previous Person County goals were successfully adopted and are still
relevant.
• Commissioners may wish to reaffirm goals related to farmland preservation,
teacher recruitment, detention mental health, opioid response, infrastructure needs,
school support, and land use authority.
Vice Chair Wilborn stated the top priorities adopted by NCACC in the last cycle
remained applicable and encouraged the County to continue advocating for stronger
school funding, infrastructure support, and increased local land use control.
Chairman Puryear stated that he is in agreement with Wilborn. He advised the
Board to email the County Manager their thoughts.
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July 20, 2026
Commissioners agreed to individually submit proposals to the County Manager by
Friday at noon. The County Manager will compile them into a draft letter for the August 3
meeting.
DESIGNATION OF VOTING DELEGATE TO THE NC ASSOCIATION OF
COUNTY COMMISSIONERS ANNUAL CONFERENCE
Clerk to the Board Michele Solomon stated that the NC Association of County
Commissioners Annual Conference will take place August 20-22, 2026 in Durham
County, with the business meeting taking place on August 22, 2026 at 2:15 p.m. She
stated that she is requesting the Board to designate Vice-Chair Wilborn, who is attending
the conference.
A motion was made by Commissioner Long and carried 4-0 to designate Vice-
Chair Wilborn as Person County’s voting delegate to the NC Association of County
Commissioners Annual Conference for 2026.
CHAIRMAN’S REPORT
Chairman Puryear had no report.
MANAGER’S REPORT
County Manager Katherine Cathey introduced two new County employees, Adam
Pantola, Veteran Services Officer and Keith Daye, County Resource Officer with the
Sheriff’s Office. She noted that Officer Daye will attend Board meetings and coordinate
with departments from his office located at Social Services.
COMMISSIONER REPORTS/COMMENTS
Vice-Chair Wilborn reported attending multiple regional and local meetings:
• UNRBA year-end meeting in Butner to finalize FY 2026–27 budget and
contracts.
• Transportation Advisory Committee meeting in Henderson, continuing
prioritization of rural projects for state funding.
• Economic Development Commission activities including:
• Advancement of industrial site readiness.
• Participation in Duke Energy’s competitive site selection program.
• A field trip with EDC and Chamber members to Johnston County to tour
an airport, meet leaders, and view a residential development comparable to
planned projects in Person County.
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July 20, 2026
• Microsoft’s public informational meeting at Piedmont Community College,
which she described as well-organized and well-attended.
Wilborn congratulated the County Manager for joining the board of directors for
the NC City and County Management Association. She expressed thanks to Commissioner
Royster for representing Person County at the NACo Conference.
Commissioner Thomas had no report.
Commissioner Long requested a full accounting of all legal fees incurred by the
County in the Yarboro case since its inception more than a decade ago, including fees
from multiple firms. He acknowledged severe weather damage at Hyco Lake and urged
Emergency Management to assist affected residents. He reported attending meetings with
EIAC and Microsoft, the July 4 parade, a Mayo Lake “We the People” event, and the NC
Green Industry Council Water Symposium. He provided updates on Mayo Lake
negotiations with Duke Energy, stating compromise efforts show progress. He noted the
First Responder Memorial’s next developments include column and lighting installation.
He offered a tribute to Randolph Mantooth (Johnny Gage, “Emergency!”), describing the
actor’s influential role in modern EMS and recounting his own early career experiences
with EMS and paramedic training supported by Duke medical programs and the U.S.
Army 82nd Airborne. He expressed gratitude for Mantooth’s impact on the profession.
ADJOURNMENT
A motion was made by Vice-Chair Wilborn and carried 4-0 to adjourn the meeting
at 10:03 a.m.
____________________________ ______________________________
Michele Solomon Kyle Puryear
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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AGENDA ABSTRACT
August 3, 2026
Memorandum of Understanding and Data Sharing Agreement between NCDHHS and Person
County for FY27 and FY28
The Memorandum of Understanding (MOU) and Data Sharing Agreement between the North
Carolina Department of Health and Human Services and Person County for FY27 and FY28 is
attached. North Carolina General Statute 108A-74 requires annual written agreement to
specify performance standards and administrative responsibilities. The MOU was first
designed and required in 2018 and identifies standards and responsibilities for many programs
and services administered by social services departments, including Work First, Food and
Nutrition Services and Child Support. The MOU and Data Sharing Agreement has an
effective date of July 1, 2026. It will automatically renew on July 1, 2027, and continues until
June 30, 2028.
Financial Impact:
Recommended Action:
Submitted By:
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Page 1 of 10
MEMORANDUM OF UNDERSTANDING
(STATE FISCAL YEAR 2026-27 and 2027-28)
BETWEEN
THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES
AND
___________________________________ COUNTY
A Written Agreement Pursuant to N.C. Gen. Stat. § 108A-74,
an Act of the North Carolina General Assembly
This Memorandum of Understanding (“MOU”) is made by and between the North Carolina
Department of Health and Human Services, (hereinafter referred to as the “Department”) and
__________________________________ County a political subdivision of the State of North
Carolina (hereinafter referred to as the “County”) to comply with the requirements of law, N.C.
Gen. Stat. § 108A-74. The Department and the County may be referred to herein individually as
a “Party” and collectively as the “Parties.”
TERMS OF UNDERSTANDING
In consideration of the mutual promises and agreements contained herein, as well as other good
and valuable consideration, the sufficiency of which is hereby acknowledged by the Parties, the
Parties agree to this MOU, effective July 1, 2026, in compliance with the mandates of law enacted
by the North Carolina General Assembly and in recognition of possible amendments by the
General Assembly, the Parties further agree to conform to changes made to the law,
notwithstanding a contractual term previously agreed upon.
1.0 Parties to the MOU
The only Parties to this MOU are the North Carolina Department of Health and Human Services
and __________________________________ County, a political subdivision of the State of
North Carolina.
1.1 Relationships of the Parties
Nothing contained herein shall in any way alter or change the relationship of the parties as defined
under the laws of North Carolina. It is expressly understood and agreed that the enforcement of
the terms and conditions of this MOU, and all rights of action relating to such enforcement, shall
be strictly reserved to the Department and the County. Nothing contained in this document shall
give or allow any claim or right of action whatsoever by any other third person. It is the express
intention of the Department and County that any such person or entity, other than the Department
or the County, receiving services or benefits under this MOU shall be deemed an incidental
beneficiary only.
Subcontracting: The County shall be responsible for the performance of all of its subcontractors.
The County shall disclose the names of its subcontractors to the Department within thirty (30) days
of the execution thereof. The County shall also provide additional information concerning its
subcontractors as may be requested by the Department within thirty (30) days of the request. The
County additionally agrees not to enter into any confidentiality agreement or provision with a
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subcontractor or other agent to provide services related to this MOU that would prevent or frustrate
the disclosure of information to the Department. Subcontractors shall be defined under this MOU
to mean any party the County enters into a contractual relationship with for the complete
administration of one or more social services programs covered by this MOU. Temporary
employees hired by the County shall not be considered subcontractors under this MOU.
Assignment: No assignment of the County's obligations or the County's right to receive any
funding made in any way concerning the matters covered by this MOU hereunder shall be
permitted.
2.0 Terms of the MOU
This MOU is established for SFY 2026-2027 and will renew automatically for SFY 2027-2028.
Either party may decline renewal by providing written notice no later than April 30, 2027.
2.1 Default and Modification
Default: In the event the County fails to satisfy the mandated performance requirements as set
forth in Attachment I or fails to otherwise comply with the terms of this MOU, the Department
may withhold State and/or federal funding. Any such withholding shall be in compliance with,
and as allowed by, state and/or federal law.
Performance Improvement: Prior to the Department exercising its authority to withhold State
and/or federal funding for a failure to satisfy the mandated performance requirements set forth in
Attachment I or failure to meet the terms of this MOU, the process for performance improvement
set forth in N.C. Gen. Stat. § 108A-74 will govern. Nothing contained in this MOU shall supersede
or limit the Secretary’s authority to take any action otherwise set forth in N.C. Gen. Stat. § 108A-74.
Waiver of Default: Waiver by the Department of any default or breach in compliance with the
terms of this MOU by the County shall not be deemed a waiver of any subsequent default or breach
and shall not be construed to be modification of the terms of this MOU unless stated to be such in
writing, signed by an authorized representative of the Department and the County and attached to
the MOU.
Force Majeure: Neither Party shall be deemed to be in default of its obligations hereunder if and
so long as it is prevented from performing such obligations by any act of war, hostile foreign
action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, public
health emergency or other catastrophic natural event or act of God.
Modification: The terms and conditions of this MOU may only be modified by written agreement
of the Parties, signed by an authorized representative of the Parties.
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3.0 MOU Documents
The Recitals and the following attachments are incorporated herein by reference and are part of
this MOU:
(1) The portions hereof preceding the Terms of Understanding, including but not limited to the
introductory paragraph and the Recitals, which are contractual as well as explanatory.
(2) The Terms of Understanding
(3) Addendum A – Data Sharing Memorandum of Agreement
(4) DSS Performance Measures Summary
(5) Attachment I – Mandated Performance Requirements:
a. Adult Protective Services
b. Child Support Services
c. Child Welfare – Foster Care
d. Energy Programs
e. Food and Nutrition Services
f. Special Assistance
g. I-B: Work First
(6) Attachment II - Child Welfare - CFSR
4.0 Entire MOU
This MOU and any documents incorporated specifically by reference represent the entire
agreement between the Parties and supersede all prior oral or written statements or agreements
between the Parties.
5.0 Definitions
While “County” is used as an abbreviation above, the following definitions, some of which are
contained in N.C. Gen. Stat. § 108A-74(a), also apply to this MOU:
(1) "County department of social services" also means the consolidated human services
agency, whichever applies.
(2) "County director of social services" also means the human services director, whichever
applies.
(3) "County board of social services" also means the consolidated human services board,
whichever applies.
(4) "Child welfare services or program" means protective, foster care, and adoption
services related to juveniles alleged to be abused, neglected, or dependent as required
by Chapter 7B of the General Statutes.
(5) "Social services programs” or “Social services programs other than medical assistance"
means social services and public assistance programs established in Chapter 108A
other than the medical assistance program (Part 6 of Article 2 of Chapter 108A). This
includes, but is not limited to, child welfare programs, adult protective services,
guardianship services for adults, and programs of public assistance established in
Chapter 108A. It also includes the child support enforcement program, as established
in Article 9 of Chapter 110 of the General Statutes, and the North Carolina Subsidized
Child Care Program.
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To the extent that any term used herein is defined by a statute or rule applicable to the subject
matter of this MOU, the statutory or rule definition shall control. For all remaining terms, which
are not defined by statute or rule, those terms shall have their ordinary meaning. Should any further
definition be needed, the Parties agree that the meanings shall be those contained in the current
version (as of the time the dispute or question arises) of Black’s Law Dictionary, and if not defined
therein, then of a published unabridged modern American English Language Dictionary published
since the year 2000.
6.0 Audit Requirements
The County shall furnish to the State Auditor, upon his/her request, all books, records, and other
information that the State Auditor needs to fully account for the use and expenditure of state funds
in accordance with N.C.G.S. § 147-64.7. Additionally, as the State funding authority, the
Department of Health and Human Services shall have access to persons and records as a result of
all contracts or grants entered into by State agencies or political subdivisions.
7.0 Record Retention
The County shall retain records at its own expense in accordance with applicable State and Federal
laws, rules, and regulations. The County shall facilitate and monitor the compliance of its
subcontractors with all applicable requirements of record retention and disposition.
In order to protect documents and public records that may be the subject of Department litigation, the
Department shall notify the County of the need to place a litigation hold on those documents. The
Department will also notify the County of the release of the litigation hold. If there is no litigation hold
in place, the documents may be destroyed, disposed of, or otherwise purged through the biannual
Records Retention and Disposition Memorandum from the Department’s Controller’s Office.
8.0 Liabilities and Legal Obligations
Each party hereto agrees to be responsible for its own liabilities and that of its officers, employees,
agents or representatives arising out of this MOU. Nothing contained herein is intended to alter or
change the relationship of the Parties as defined under the laws of the State of North Carolina.
9.0 Confidentiality
Any medical records, personnel information or other items exempt from the NC Public Records
Act or otherwise protected by law from disclosure given to the Department or to the County under
this MOU shall be kept confidential and not divulged or made available to any individual or
organization except as otherwise provided by law. The Parties shall comply with all applicable
confidentiality laws and regulations, including but not limited to the Health Insurance Portability
and Accountability Act of 1996 (HIPAA), the administrative simplification rules codified at 45
Parts 160, 162, and 164, alcohol and drug abuse patient records laws codified at 42 U.S.C. §290dd-
2 and 42 CFR Part 2, and the Health Information Technology for Economics and Clinical Health
Act (HITECH Act) adopted as part of the American Recovery and Reinvestment Act of 2009
(Public Law 111-5).
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10.0 Secretary’s Authority Undiminished
Certain functions delegated to the County pursuant to this MOU are the duty and responsibility of
the Department as the grantee of federal grant funds. The Parties understand and agree that nothing
in this MOU shall be construed to diminish, lessen, limit, share, or divide the authority of the
Secretary of the Department to perform any of the duties assigned to the Department or its
Secretary by the North Carolina General Statutes, the terms and conditions of the federal funds
and their applicable laws and regulations or other federal laws and regulations regarding any
federal funding which is used by the Department to reimburse the County for any of its duties
under this MOU.
11.0 MOU does not Diminish Other Legal Obligations
Notwithstanding anything to the contrary contained herein and to facilitate the mandated
performance requirements of N.C. Gen. Stat. § 108A-74, the Parties acknowledge and agree that
this MOU is not intended to supersede or limit, and shall not supersede or limit, the County’s
obligations to comply with all applicable: 1) federal and state laws; 2) federal and state rules; and
3) policies, standards, and directions of the Department, as all such currently exist and may be
amended, enacted, or established hereafter.
12.0 Notice
The person named below shall be the person to whom notices provided for in this MOU shall be
given. Either Party may change the person to whom notice shall be given upon written notice to
the other Party. Any notice required under this MOU will only be effective if actually delivered to
the Parties named below. Delivery by hand, by first class mail, or by email are authorized methods
to send notices.
For the Department of Health and Human Services, Division of Social Services
Carla West
NCDHHS Headquarters
2417 Main Services Center
Raleigh, NC 27699-2001
1915 Health Services Way
Raleigh, NC 27607
Phone: 919-855-4755
E-mail: carla.west@dhhs.nc.gov
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For __________________________________ County:
Name: ______________________________________________________________________
Title: ________________________________________________________________________
Mailing Address: ______________________________________________________________
Phone Number: _______________________________________________________________
E-Mail: _____________________________________________________________________
13.0 Responsibilities of the Department
The Department hereby agrees that its responsibilities under this MOU are as follows:
(1) The Department shall develop performance requirements for each social services
program based upon standardized metrics utilizing reliable data. The performance
requirements are identified in Attachments I and II.
(2) The Department shall provide supervision, program monitoring and technical assistance to
the counties in the administration of social services programs.
(3) The Department shall provide leadership and coordination for developing strategies that
address system-level barriers to the effective delivery of social services programs,
including but not limited to: the Administrative Office of Courts, the LME/MCO,
Department of Public Instruction, and the Department of Public Safety.
(4) The Department shall have the following administrative responsibilities:
a. Staff Training and Workforce Development:
i. Develop training requirements for county personnel and provide guidance
for adequate staffing patterns related to the provision of social services
programs. The Department will publish annually, a list of required and
recommended trainings for county personnel directly involved in the
administration of social services programs covered under this MOU.
ii. Develop training curricula and provide, timely, adequate access to statewide
training opportunities for county personnel related to the provision of social
services programs. Training opportunities may include in-person, self-
guided, web-based and remotely facilitated programs.
iii. The Department will publish a training calendar, at least quarterly, notifying
the counties of training opportunities.
iv. Provide timely written guidance related to new federal or state statutes or
regulations. The Department will provide information thirty days in
advance of the effective date of new policy to the extent feasible or
practicable, including interpretations and clarifications of existing policy.
v. Provide technical assistance and training in areas where quality control,
monitoring or data indicates a lack of correct application of law, rule or policy.
b. Performance Monitoring:
i. Monitor and evaluate county compliance with applicable federal and state
laws, rules and policies.
ii. Provide feedback to counties with recommended changes when necessary.
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iii. Monitor that all financial resources related to the provision of social services
programs covered by this MOU are utilized by the county in compliance
with applicable federal and state laws.
c. Data Submission:
i. Maintain and review data submitted by counties pursuant to the mandatory
performance requirements.
ii. Provide counties with reliable data related to their performance
requirements as well as accuracy and timeliness of programs in accordance
with state and federal program guidelines. This includes but is not limited
to processing applications and recertification, quality control standards,
program statistics and fiscal information.
iii. The Department shall be responsible for the maintenance and functionality
of its information systems utilized in the statewide administration of social
services programs covered by this MOU.
d. Communication:
i. Provide counties with clarification or explanation of law, rule or policy
governing social services programs when necessary or as requested.
ii. Disseminate policy on social services programs and provide counties with
timely information on any updates to policy.
iii. Provide timely information to counties on any changes to federal law or
policy made known to the Department.
iv. Provide counties with a timely response to requests for technical assistance
or guidance.
v. Maintain all policies covering social services programs in a central,
accessible location. Policies will be updated, to the extent possible, in
advance of the effective date of any new policies or policy changes.
vi. Provide counties with an opportunity to submit questions, concerns and
feedback related to the administration of social services programs to the
Department and provide County a timely response to such communication.
vii. Communicate proactively with the County Director of Social Services on
matters that affect social services programs covered under this MOU.
Communication shall be timely, and alerts sent to counties to let them know
of the upcoming changes.
viii. Communicate directly with the County Manager, Governing Boards, and
the County Director of Social Services on matters including but not limited
to, corrective action, and significant changes to law, rule and policy that
impact the administration of social services programs covered by this MOU.
e. Inter-agency Coordination:
i. Provide guidance to counties in the event they are unable to reach a
resolution on a conflict of interest that arises related to the provision of
social services programs covered by this MOU.
ii. Provide guidance for county DSS personnel on federal and state
Emergency Management, mass shelter, Business Continuity Plan (BCP)
and Continuity of Operations Plan (COOP) requirements.
iii. Coordinate with and communicate to county DSS agencies regarding
available and required training opportunities associated with DSS Mass
Shelter, BCP and COOP responsibilities.
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iv. Assist and support counties as needed in implementation of operational
functions of mass shelter operations and as needed during other
emergencies as they arise.
(5) The Department shall timely meet all of its responsibilities contained in this MOU.
“Timely” shall be defined consistent with timeliness requirements set forth in relevant
statute, regulation, and policy. Where timeliness is not otherwise defined, “timely” shall
mean within a reasonable time under the circumstances.
14.0 Responsibilities of the County
The County hereby agrees that its responsibilities under this MOU are as follows:
(1) The County shall adhere to the mandated performance requirements for each social
services program as identified in Attachment I. The County will ultimately work toward
achievement of the Standard Measure for all performance requirements set forth in
Attachments I and II.
(2) The County shall comply with the following administrative responsibilities:
a. Staff Requirements and Workforce Development:
i. The personnel, including new hires and existing staff, involved in the
County’s provision of social services programs covered by this MOU shall
complete all required and necessary training, which is documented as
required by federal and state law and policy.
b. Compliance:
i. Perform activities related to its social services programs in compliance with
all applicable federal and State laws, rules, regulations and policies.
Nothing contained herein is intended to, nor has the effect of superseding
or replacing state law, rules or policy related to social services programs.
ii. Develop and implement internal controls over financial resources related to
the County’s social services programs to ensure that all financial resources
are used in compliance with applicable federal and state laws.
iii. Provide and adhere to corrective action plans as required based on
monitoring findings and the Single Audit.
c. Data Submission:
i. Maintain accurate, thorough records of all social services programs covered
by this MOU, in particular, records related to the mandated performance
requirements that can be accessed for the purpose of data collection, service
provision, monitoring or consultation.
ii. Ensure reliable data entry into state systems utilized for the administration
of social services programs covered under this MOU.
iii. Provide, upon request, data to the state for the purpose of, but not limited to,
conducting monitoring, case file reviews, error analysis and quality control.
iv. Utilize data to understand the performance of their county and to conduct
analysis and implement changes where needed if performance measures are
not being met.
d. Communication:
i. Respond and provide related action in a timely manner to all
communications received from the Department.
ii. Provide timely information on all matters that have a potential negative
impact on the social services programs they administer, including but not
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limited to, litigation risks (not including child welfare cases governed by
Chapter 7B or adult services cases governed by Chapter 35A or 108A),
network and computer issues, or data breaches.
iii. Provide timely information regarding temporary or permanent changes to
the Social Services Governing Board or the County Social Services
Director, including retirements, separations, or any leave of absence greater
than two calendar weeks.
e. Inter-agency Cooperation:
i. Ensure that county social services personnel complete required training
and are prepared to engage in Disaster Management, mass shelter, BCP
and COOP operations.
ii. Ensure that all plans and systems are in place to meet potential disaster
(natural, technical, otherwise) response requirements.
iii. Engage with DHHS, state Emergency Management and local leadership in
associated efforts.
iv. Assist or operate mass shelter operations or other required disaster
management responsibilities.
(3) The County shall timely meet all its responsibilities contained in this MOU. “Timely” shall
be defined consistent with timeliness requirements set forth in relevant statute, regulation,
policy or as otherwise required by the Department. If timeliness is not otherwise defined,
“timely” shall mean within a reasonable time under the circumstances.
15.0 Data Security and Reporting
Data Security: The County shall adopt and apply data privacy and security requirements to comply
with all applicable federal, state, department and local laws, regulations, and rules. The Parties hereby
adopt and incorporate the terms of the Data Sharing Agreement attached as Addendum A as if fully
set forth herein.
Duty to Report: To enable NCDHHS to effectively mitigate impact and comply with its own
reporting obligations to federal partners, the County shall report any suspected or confirmed
privacy or security incidents or breaches involving NCDHHS Data, NCDHHS Information
Systems, or other NCDHHS IT Resources to the NCDHHS Office of Privacy and Security via
electronic mail and through the Office’s website, https://www.ncdhhs.gov/about/administrative-
offices/privacy-and-security, within twenty-four (24) hours after the suspected or confirmed
incident or breach is first discovered. For reports involving Social Security Administration (SSA)
information, the County shall report suspected or confirmed incidents or breaches immediately,
but no later than (one) 1 hour after the suspected or confirmed privacy or security incident or
breach is first discovered. If reports involving SSA information occur after normal business hours,
the County shall also make a report to the NCDHHS Chief Information Security Officer via the
phone numbers listed at the link above. See Addendum A: Data Sharing Memorandum of
Agreement Section 8.f for more information regarding the duty to report.
During the performance of this MOU, the County is to notify the Department of any contact by
the federal Office for Civil Rights (OCR) received by the County related to the provision of social
services programs covered by the MOU. In case of a privacy and security incident, the County,
including any subcontractors or agents it retains, shall fully cooperate with the Department.
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16.0 Miscellaneous
Choice of Law: The validity of this MOU and any of its terms or provisions, as well as the rights
and duties of the Parties to this MOU, are governed by the laws of North Carolina. The Parties, by
signing this MOU, agree and submit, solely for matters concerning this MOU, to the exclusive
jurisdiction of the courts of North Carolina and agrees, solely for such purpose, that the exclusive
venue for any legal proceedings shall be Wake County, North Carolina. The place of this MOU
and all transactions and agreements relating to it, and their situs and forum, shall be Wake County,
North Carolina, where all matters, whether sounding in contract or tort, relating to the validity,
construction, interpretation, and enforcement shall be determined.
Amendment: This MOU may not be amended orally or by performance. Any amendment must
be made in written form and executed by duly authorized representatives of the Department and
the County. The Parties agree to obtain any necessary approvals, if any, for any amendment prior
to such amendment becoming effective. Also, the Parties agree that legislative changes to state
law shall amend this MOU by operation of law to the extent affected thereby.
Effective Date: This MOU shall become effective July 1, 2026, and shall continue in effect until
June 30, 2027. This MOU shall renew automatically on July 1, 2027 and continue in effect until
June 30, 2028, unless either party declines renewal by providing written notice no later than April
30, 2027.
Signature Warranty: Each individual signing below warrants that he or she is duly authorized
by the party to sign this MOU and to bind the party to the terms and conditions of this MOU.
County
BY: _______________________________
Name
TITLE: _____________________________
DATE: _____________________________
BY: _______________________________
Name
TITLE: _____________________________
DATE: _____________________________
North Carolina Department of Health and Human Services
BY: ______________________________________
Secretary, Department of Health and Human Services
DATE: _____________________________________
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ADDENDUM A: DATA SHARING AND INFORMATION TECHNOLOGY SECURITY
MEMORANDUM OF AGREEMENT
Between
THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES
And
__________________________________________ COUNTY
This Data Sharing and Information Technology Security Memorandum of Agreement (MOA)
between the North Carolina Department of Health and Human Services (NCDHHS) and
______________________________ County (County), collectively with NCDHHS referred to as
the “Parties”, establishes the agreement between the Parties regarding the County’s access to, use,
and disclosure of all confidential data, information, and NCDHHS IT Systems and NCDHHS IT
Resources provided by NCDHHS to the County for purposes of administering North Carolina’s
public assistance and public service programs.
1.PURPOSE AND SCOPE
a.Purpose. The purpose of this MOA is to identify certain roles and responsibilities
of each party as it relates to the sharing and use of all confidential data, information,
and access to a NCDHHS Information System or other NCDHHS IT Resource
provided by NCDHHS to the County and the data collected by the County on behalf
of NCDHHS in connection with the administration of North Carolina’s public
assistance programs as well as the County’s administration and performance of
other public services delegated to it by law (collectively referred to as NCDHHS
Data). For purposes of this MOA, NCDHHS Data includes, but is not limited to:
i.Social Security Administration (SSA) data;
ii.Federal Tax Information (FTI) as defined in the current IRS Publication 1075,
Tax Information Security Guidelines for Federal, State and Local Agencies
(IRS Publication 1075);
iii.Protected health information as defined by 45 CFR 160.103;
iv. Identifying information, as defined by N.C.G.S. § 14-113.20(b); and
v. Personal information, as defined by the North Carolina Identity Theft Protect
Act, N.C.G.S. § 75-61(10);
vi. Names or other information concerning persons applying for or receiving
public assistance or social services which are confidential pursuant to
N.C.G.S. §108A- 80.
vii.Sensitive IT Security Information, including but not limited to security
features of electronic data processing systems, applications, programs,
information technology systems, telecommunications networks, or electronic
security systems, including hardware or software security, passwords, or
security standards, procedures, processes, configurations, software, and
codes.
For purposes of this MOA, “IT Resource” includes NCDHHS Information Systems and
all platforms (i.e. operating systems), servers, software, infrastructure, digital devices (e.g.
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computers, smart phones, tablets, mainframes, switches, routers, etc.), equipment (e.g.
faxes, copiers, phones, etc.), hosted services or infrastructure, network connections,
applications (both developed in-house and acquired from third parties) and the data
accessed, used, created by, or contained within them that are owned or operated by the
Party.
b. Objectives. The objectives of this MOA are to:
i. Manage the information technology process and systems pertaining to
NCDHHS Data and NCDHHS IT Resources to ensure compliance with all
applicable federal and state laws, regulations, standards and policies
regarding the confidentiality, privacy and security of this NCDHHS Data and
NCDHHS IT Resources;
ii. Enhance the County’s and NCDHHS’s secure receipt, access to, and use of
NCDHHS Data and IT Resources provided by NCDHHS to the County; and
iii. Permit and facilitate efficient use of and ready access to NCDHHS Data and
NCDHHS IT Resources for purposes of administering North Carolina’s
public assistance and public service programs.
2. BACKGROUND
The NCDHHS administers and oversees a variety of public assistance and public service programs
for the State of North Carolina (collectively, Public Assistance Programs), including, but not
limited to, the following:
• NC Medicaid Program
• NC Health Choice for Children (North Carolina’s CHIP Program)
• Temporary Assistance for Needy Families
• Supplemental Nutrition Assistance Program
• NC Food and Nutrition Services (North Carolina’s SNAP Program)
• Work First (North Carolina’s Temporary Assistance for Needy Families program)
• Women, Infants and Children (WIC)
• Adult and Family Services
• Child Support Services
• Child Welfare Services
As part of its role pertaining to these Public Assistance Programs, NCDHHS receives, maintains,
and stores certain data pertaining to applicants for, and recipients participating in, the Public
Assistance Programs, which includes NCDHHS Data.
The County administers the daily operations of many of the Public Assistance Programs at the
local level, in accordance with State and Federal law, and policies and rules adopted by NCDHHS.
As part of its role pertaining to these Public Assistance Programs, the County collects, accesses,
and utilizes certain data pertaining to applicants for, or recipients participating in, the Public
Assistance Programs, which includes NCDHHS Data.
NCDHHS and the County agree to work cooperatively to ensure that NCDHHS Data and
NCDHHS IT Resources are available to the County for purposes of administering North Carolina’s
Public Assistance Programs, and that the County accesses and utilizes NCDHHS Data and
NCDHHS IT Resources in accordance with applicable federal and state laws, regulations,
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standards and policies governing confidentiality, privacy and security of the NCDHHS Data and
NCDHHS IT Resources and the terms of this MOA. The parties acknowledge and agree that this
MOA is intended to renew and amend prior similar memoranda of agreement in place between the
Parties, which was effective on or about October 14, 2016.
3. AUTHORITY OF PARTIES
Each Party is a separate and distinct agency of the government of the State of North Carolina and
operates pursuant to their respective statutory authority and obligations. This MOA is authorized
under the provisions of N.C.G.S. §§ 108A-25, 108A-54, and 153A-11 and Article 13 of Chapter
153A of the North Carolina General Statutes, and the implementing recommendations or
regulations of these laws, if any. For the convenience of the Parties and avoidance of doubt, the
Parties acknowledge and agree that NCDHHS is the “NCDHHS” as such term is used in IRS
Publication 1075, and that the County is a statutory agent but not a “contractor” or “agent” as such
term is used in North Carolina statutory or common law. The NCDHHS and County separately
acknowledge their respective organizations are authorized to receive and use FTI pursuant to 26
U.S.C. § 6103.
4. PARTIES’ ROLES AND RESPONSIBILITIES
a. Pursuant and subject to this MOA, NCDHHS shall provide to the County NCDHHS Data
and access to NCDHHS IT Resources, and the County shall provide NCDHHS County
Data and access to County IT Resources pertaining to the Public Assistance Programs,
through access to NCDHHS’s information technology systems utilized in conjunction with
the Public Assistance Programs. These information technology systems include, but are
not limited to, the NCDHHS’s current NC FAST case management system (NC FAST),
and the legacy information systems which preceded NC FAST (collectively, NCDHHS
Information Systems). The NCDHHS Information Systems are secured via NCDHHS
access control mechanisms and related procedures, including, but not limited to, Resource
Access Control Facility (RACF), North Carolina Identification (NCID), and Web Identity
Role Management Portal (WIRM) (collectively, NCDHHS Access Controls).
b. All NCDHHS Data shall remain confidential and secure at all times. Confidentiality and
security of this NCDHHS Data and NCDHHS IT Resources will be maintained by the
County in accordance with all applicable federal and state laws, regulations, standards and
policies governing this NCDHHS Data and NCDHHS IT Resources and in accordance with
the terms of this MOA. Only appropriately authorized County employees and contractors
whose job responsibilities require access to the NCDHHS Data and NCDHHS IT
Resources will be granted access, only to the minimum extent required, through the
NCDHHS Information Systems and NCDHHS Access Controls. Any data, records or other
information shared through this MOA are protected from unauthorized use and disclosure
and shall be accessed and used by the County only for purposes of administering and
operating the Public Assistance Programs and for no other purpose.
c. NCDHHS Responsibilities:
i. To provide NCDHHS Data to the County through access to the NCDHHS
Information Systems in strict accordance with the NCDHHS Access Controls and in
accordance with the terms of this MOA.
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ii. To allow the County to access and utilize the NCDHHS Data and NCDHHS IT
Resources that NCDHHS determines are required to administer and operate the
Public Assistance Programs.
iii. To allow appropriately authorized County employees and contractors whose job
responsibilities require access to the NCDHHS Data to access and utilize the
NCDHHS Data through access to the NCDHHS Information Systems, to the extent
needed to perform their job responsibilities.
iv. To work cooperatively with the County regarding County employee and contractor
access to NCDHHS Data, NCDHHS Information Systems, and other NCDHHS IT
Resources in compliance with this MOA and applicable law.
v. To safeguard all County Data, County IT Resources, and County Sensitive IT
Security Information, including but not limited to investigations and reports, in
accordance with all applicable federal and state laws, regulations, standards, policies,
and this MOA. NCDHHS will not disclose or permit access to County Data, County
IT Resource, or County IT Sensitive Security Information to third parties unless
permitted under this MOA or required by law to do so. If NCDHHS determines it is
required by law to disclose or permit access to County Data, Sensitive IT Security
Information, or County IT Resources, NCDHHS shall promptly notify the County
prior to disclosure so that County may assert whatever rights and pursue whatever
legal remedies to which County may be entitled.
vi. To perform privacy and security assessments required by CMS, or according to
NCDHHS policy and this MOA, on any County IT Resource related to or impacting
an NCDHHS Information System or NCDHHS Data based on compliance with NIST
Standards, applicable federal and North Carolina statutes, regulations, standards,
NCDHHS policies, and this MOA, to the limited extent necessary meet federal, state
or NCDHHS requirements.
vii. To be responsible for supervision of its own employees and contractors.
d. County Responsibilities:
i. To safeguard all NCDHHS Dat, NCDHHS IT Resource, and NCDHHS Sensitive IT
Security Information, including but not limited to investigations and reports, in
accordance with all applicable federal and state laws, regulations, standards, policies,
and this MOA. The County will not disclose or permit access to NCDHHS Data,
NCDHHS IT Resource, or Sensitive IT Security Information to third parties unless
permitted under this MOA or required by law to do so. If the County determines it
is required by law to disclose or permit access to NCDHHS Data, NCDHHS It
Resource, or Sensitive IT Security Information, it shall notify the County prior to
disclosure so that the County may assert any rights and pursue whatever remedy to
which the County may be entitled.
ii. To ensure County and NCDHHS IT Resources that connect to NCDHHS Information
Systems or other NCDHHS IT resource are accessed and utilized only for the
purposes authorized by law and under this MOA in the administration and operation
of the Public Assistance Programs and for no other purpose.
iii. To grant access to the NCDHHS Data, NCDHHS Information Systems, and County
information systems that connect to NCDHHS Information Systems and other
NCDHHS IT Resources only to appropriately authorized County employees and
contractors whose job responsibilities require access to the NCDHHS Data or
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NCDHHS IT Resource, and only to the minimum extent necessary for purposes of
administering and operating the Public Assistance Programs.
iv. To ensure access to NCDHHS Data through access to the NCDHHS Information
Systems or other NCDHHS IT Resource only to authorized County employees and
contractors in strict accordance with the NCDHHS Access Controls and in
accordance with the terms of this MOA.
v. The County shall conduct background checks for individual employees prior to
authorizing their access to FTI.
vi. To ensure NCDHHS Information Systems and NCDHHS Data are readily available
to persons authorized by law and this MOA to access and use the NCDHHS
Information Systems, other NCDHHS IT Resources, and NCDHHS Data.
vii. To obtain prior written permission from NCDHHS for the disclosure of any
NCDHHS Data or access to any NCDHHS Information System or other NCDHHS
IT Resource to any contractor. If NCDHHS approves disclosure of any NCDHHS
Data or access to NCDHHS Information System or other NCDHHS IT Resource to
County’s contractor, the County shall ensure the contractor is provided a copy of this
MOA and signs a written agreement with the County acknowledging receipt of a copy
of this MOA and agreeing to comply with the terms of this MOA as it relates to the
contractor’s access to NCDHHS Data, NCDHHS Information Systems, or other
NCDHHS IT Resource.
viii. To ensure that all information technology systems receiving, storing, processing, or
transmitting FTI meet the requirements in IRS Publication 1075, including the
requirements set forth in Exhibit 7 to IRS Publication 1075, a copy of which is
available at: https://www.irs.gov/pub/irs-pdf/p1075.pdf.
ix. To maintain a current list of employees and contractors authorized to access and
utilize NCDHHS Information Systems, NCDHHS Data, or NCDHHS IT Resource
pursuant to this MOA, and to provide NCDHHS a copy of that list upon written
request by NCDHHS.
x. To submit, when requested by NCDHHS, a written certification that continuous
security monitoring has been performed in accordance with applicable requirements.
Additionally, the County will submit a written certification that all mainframe and
network device configurations supporting the County environment are compliant
with all applicable requirements. This certification will be provided to NCDHHS with
supporting evidence, such as a recent vulnerability scan.
xi. At NCDHHS’s request, to work with the IRS, Social Security Administration, or
other federal agencies or their agents with respect to periodic safeguard and security
reviews. The County will support the resolution of NCDHHS’s findings based on a
written plan satisfactory to both Parties.
xii. Upon notification from the IRS, Social Security Administration, other federal
agencies, or NCDHHS of changes to functional and security specifications, to
collaborate with NCDHHS to develop and implement plans to meet specified
requirements in accordance with guidance and direction provided by the IRS and/or
NCDHHS. The County will be responsible for costs arising from such modifications.
xiii. To provide annual access and disclosure awareness and incident reporting training to
its employees and any approved contractors that may have access to SSA data and/or
FTI data (only certain functions in support of Child Support Enforcement may allow
contractor access to FTI).
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xiv. To work cooperatively with NCDHHS regarding County employee or contractor
access to NCDHHS Data ,NCDHHS Information Systems, and other NCDHHS IT
Resources and compliance with this MOA and applicable law.
xv. To ensure a third party, independent evaluation of IT privacy and security compliance
is performed at least annually on any IT resource related to or impacting NCDHHS
data or systems and provide the report to NCDHHS upon request.
xvi. To cooperate with and permit NCDHHS to perform its own privacy and security
assessments, along with those required by CMS, on any IT resource related to or
impacting NCDHHS Information System, other NCDHHS IT Resources, or
NCDHHS Data based on compliance with NIST Standards, applicable federal and
North Carolina statutes, regulations, standards, NCDHHS policies, and this MOA.
xvii. In the case of NCDHHS assessments that CMS requires NCDHHS to perform, to
reimburse NCDHHS for the actual cost of those assessments.
xviii. As required by CMS in the event of breach or other unauthorized access of any FDA,
CMS, or Child Support Services data, to provide NCDHHS, who will in turn provide
to CMS, the final, detailed, investigation report, including those performed by third
parties.
xix. To sign a BAA, MOA, or other information or information technology security
agreement as required by NCDHHS in accordance with federal and state law, rules
and regulations, and NCDHHS policies and procedures consistent with this MOA.
xx. To be responsible for supervision of its own employees and contractors.
5. SAFEGUARDING DATA
a. Access Controls. The County shall comply with all applicable laws, ordinances,
codes, rules, regulations, licensing requirements, and electronic storage standards
concerning privacy, data protection, confidentiality, and security including those of
federal, state, and local jurisdictions having jurisdiction where business services are
provided for accessing, receiving, or processing all confidential information.
b. Security Measures. The County shall implement internal data security measures,
environmental safeguards, firewalls, access controls, and other industry security best
practices utilizing appropriate hardware and software necessary to monitor, maintain,
and ensure data integrity in accordance with all applicable federal regulations, state
regulations, and NCDHHS privacy and security policies.
c. Credentialing. The County shall be responsible for reviewing, approving, delegating,
and monitoring access to NCDHHS Data and IT Resources by County employees
and any approved contractors in strict accordance with NCDHHS Access Controls
applicable to NCDHHS IT Resources and in accordance with the terms of the MOA.
The County shall terminate access privileges to NCDHHS Data of County employees
immediately when their employment has been terminated or their job responsibilities
no longer require access.
d. Employee Oversight. The County shall monitor County employees’ access to
NCDHHS Data, NCDHHS Information Systems, and other NCDHHS IT Resources,
especially high-risk data elements such as Social Security numbers, dates of birth,
and FTI.
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e. Adherence to Guidelines. The County will adhere to any written standard or
guidelines provided by NCDHHS regarding management and implementation of
NCDHHS Access Controls, and access to NCDHHS IT Resources, including, but not
limited to, the information systems access control policy in the current version of the
North Carolina Statewide Information Security Manual.
6. DATA OWNERSHIP
a. Data Ownership. NCDHHS and the County acknowledge and agree that NCDHHS
Data that NCDHHS provides to the County shall be classified as and shall remain,
“NCDHHS Data” or “State Data”, and County Data that the County provides to
NCDHHS shall be classified as and shall remain County Data. At no time will
NCDHHS Data provided by NCDHHS ever be classified as County data.
b. Data Quality. The quality and accuracy of any NCDHHS Data that has been
manipulated or reprocessed by the County is the responsibility of the County.
7. CONFIDENTIALITY
a. Data Reidentification. County shall not use NCDHHS Data for any purpose beyond
those specified in this MOA or subsequent written agreement. Except as permitted
by this MOA, County shall not use NCDHHS Data in an attempt to track
individuals, link to an individual’s data from other data sources, determine real or
likely identities, or contact any individual who is the subject of NCDHHS Data.
b. Approved Purposes. The County will be permitted to use NCDHHS Data,
NCDHHS Information Systems, and other NCDHHS IT Resources only:
i. For the administration and implementation or public assistance and public
service programs for the State of North Carolina.
ii. To the minimum extent necessary for the specific use case for which the
access and use is authorized by NCDHHS.
iii. In the manner expressly approved by NCDHHS in this MOA and subsequent
writing and in no other manner and for no other purpose.
The County acknowledges and agrees that in accessing, receiving, utilizing, or otherwise
handling NCDHHS Data, NCDHHS Information Systems, and other NCDHHS IT
Resources it will safeguard and not access, use, or disclose them except for Approved
Purposes.
c. State and Federal Requirements. The County shall protect the confidentiality of
NCDHHS Data in accordance with applicable federal and North Carolina laws,
regulations, standards and guidelines, including, but not limited to the following:
i. Privacy Act of 1974 (5 USC § 552a), as amended by the Computer Matching
and Privacy Protection Act of 1988;
ii. IRS Publication 1075;
iii. Medicaid, 42 U.S.C. § 1396(a)(a)(7), 42 CFR Part 431.300-307;
iv. Temporary Assistance to Needy Families, 42 U.S.C. § 602 (a)(1)(A)(iv);
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v. Supplemental Nutrition Assistance Program, 7 U.S.C. § 2020 (e)(8); 7 CFR
Part 272.1(c);
vi. Social Security Act, 42 U.S.C. § 1396(a)(a)(7);
vii. Social Security Administration Disclosure, 20 CFR Part 401;
viii. Child Support, 42 U.S.C. § 654(26);
ix. Public Assistance Programs (Public Welfare), 45 CFR Part 205.50; and
x. U.S. Department of Labor Employment and Training Administration, 20 CFR
Part 603;
xi. Health Information Portability and Accountability Act and HIPAA Privacy
Rule, 45 CFR Part 160 and Subparts A and E of Part 164;
xii. North Carolina law governing confidentiality of, and access to, public
assistance program data and records, including N.C. Gen. Stat. 108A-80 and
implementing regulations; and
xiii. North Carolina Identify Theft Protection Act, N.C. Gen. Stat. 75-60 et seq.
and 132-1.10 and any implementing regulations.
d. Identifying Information. The County acknowledges and agrees that some of the data
elements within NCDHHS Data can be classified as “Identifying Information”
within the meaning of N.C.G.S. § 14-113.20(b). In addition, the combination of
certain data elements could classify the data elements as “Personal Information”
within the meaning of N.C.G.S. § 75-61(10). Since NCDHHS and the County are
subject to the North Carolina Identity Theft Protect Act requirements, N.C.G.S. §
132-1.10 and 75-65, NCDHHS and the County acknowledge and understand that
the unauthorized disclosure, misuse, or loss of these certain data elements could
subject the County and/or NCDHHS to security breach notification requirements.
e. HIPAA. NCDHHS is a Hybrid Entity as defined in 45 CFR § 164.103 as that term is
designated pursuant to 45 CFR § 164.105(a)(2)(iii)(D) and is comprised of covered
and non-covered components. The County may or may not be a Covered Entity and
may or may not be a Hybrid Entity with covered and non-covered components. It
is possible NCDHHS will provide County access to NCDHHS Data or NCDHHS
IT Resources containing Individually Identifiable Health Information (“IIHI”) that
is considered Protected Health Information (“PHI”) as defined in 45 CFR §160.103
or Limited Data set, as defined in 45 CFR §164.514(e). The Parties agree to the
provisions of this MOA in order to address the obligations or requirements
enforceable under HIPAA and to protect the interests of both Parties. However,
nothing in this MOA shall be construed as creating obligations or liabilities
enforceable under HIPAA for NCDHHS or County when HIPAA does not apply.
8. SECURITY
a. Secure Transport. NCDHHS data will be exchanged between the County and
NCDHHS through methods approved by NCDHHS. In accordance with applicable
federal and North Carolina statutes, regulations, standards, and policies, the County
shall use appropriate physical and technological security safeguards to prevent re-
disclosure of NCDHHS Data, and to protect NCDHHS Data in paper and/or
electronic forms during transmission, storage or transport. The County shall use
encryption during the data transmission process and shall protect NCDHHS Data
on portable computers and devices through the use of applicable encryption and
strong authentication procedures and other security controls to make NCDHHS
Data unusable and inaccessible by unauthorized individuals.
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b. Disposal and Destruction. The County shall dispose of paper, media, and equipment
containing NCDHHS Data in a secure manner in accordance with applicable law
and information security NIST standards. Data destruction shall be accomplished
by destroying, purging or clearing NCDHHS Data so that NCDHHS Data and any
related data components are not recoverable, in accordance with all applicable laws,
commercially accepted and reasonable standards for the type of data being
destroyed, and in compliance with the minimum standards set out in the Guidelines
for Media Sanitization (NIST 800-88) guideline issued by the US Dept of
Commerce (https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-
88r1.pdf). At the request of NCDHHS, the County shall provide documentation of
proper disposal of NCDHHS Data, media, or equipment to NCDHHS.
c. Unintentional Disclosure. The County shall safeguard and protect the security of
NCDHHS Data from loss, theft, or inadvertent disclosure, in accordance with
applicable federal and North Carolina laws, regulations, standards and guidelines,
and policies including, but not limited to the following:
i. Federal Information Security Management Act of 2002 (44 USC 3541 et seq.)
ii. SSA’s “Electronic Information Exchange Security Requirements and
Procedures for State and Local Agencies Exchanging Electronic Information
with the Social Security Administration”
iii. IRS Publication 1075;
iv. Health Information Portability and Accountability Act and HIPAA Security
Rule, 45 CFR Part 160 and Subparts A and C of Part 164; and
v. National Institute of Standards and Technology (NIST) guidelines.
d. Security Incidents. The County shall implement procedures for detecting,
investigating, reporting and responding to security incidents involving NCDHHS
Data and NCDHHS IT Resources. The County shall implement an Incident
Management Plan which will be the source for how to handle incident management
involving NCDHHS Data and NCDHHS IT Resources, and the Incident
Management Plan will be available to NCDHHS upon request.
e. Duty to Report. The County shall evaluate and report all losses, misuse, or
unauthorized disclosure of NCDHHS Data and NCDHHS IT Resource to the
NCDHHS Privacy and Security Office without unreasonable delay. Any expenses
incurred as a result of the loss, misuse, or unauthorized disclosure of NCDHHS
Data or NCDHHS IT Resource by the County will be the responsibility of the
County.
f. Reports to NCDHHS. To enable NCDHHS to effectively mitigate impact and
comply with its own reporting obligations to federal partners, the County shall
report any suspected or confirmed privacy or security incidents or breaches
involving NCDHHS Data, NCDHHS Information Systems, or other NCDHHS IT
Resources to the NCDHHS Office of Privacy and Security via electronic mail and
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through the Office’s website, https://www.ncdhhs.gov/about/administrative-
offices/privacy-and-security, within twenty-four (24) hours after the suspected or
confirmed incident or breach is first discovered. For reports involving Social
Security Administration (SSA) information, the County shall report suspected or
confirmed incidents or breaches immediately, but no later than (one) 1 hour after
the suspected or confirmed privacy or security incident or breach is first discovered.
If reports involving SSA information occur after normal business hours, the County
shall also make a report to the NCDHHS Chief Information Security Officer via
the phone numbers listed at the link above. At a minimum and to the extent known
at the time of the report, such privacy and security incident or breach reports shall
contain the following information:
i. The nature of the incident or breach;
ii. Information about the system or data affected, including a description of the
specific data or system;
iii. The date the incident or breach was discovered;
iv. The date the incident or breach occurred;
v. The date the County was notified of the incident or breach; and
vi. The identities of affected or potentially affected individual(s).
g. Duty to Mitigate. County will take reasonable steps to limit any further such
unauthorized use or disclosure of NCDHHS Data, NCDHHS Information System,
or other NCDHHS IT Resource. NCDHHS in its sole discretion may require the
County to:
i. Investigate and respond to NCDHHS regarding any alleged disclosure and
promptly resolve any problems identified by the investigation.
ii. Submit a corrective action plan with steps designed to prevent any future
unauthorized disclosures.
iii. Require that all of NCDHHS data files be returned or, if infeasible, be
destroyed immediately.
h. Contact by OCR. During the performance of this MOA, the County is to notify
NCDHHS Privacy and Security Office of any contact by the federal Office for Civil
Rights (OCR) received by the County. In addition, the County will reasonably
cooperate with NCDHHS Divisions and Offices to mitigate the damage or harm of
such security incidents.
i. Cooperation with NCDHHS. The County will collaborate and cooperate with
NCDHHS regarding investigation, actions and potential remedies pertaining to any
suspected or confirmed privacy or security breach or incident involving NCDHHS
Data, NCDHHS Information System, or other NCDHHS IT Resource.
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j. Breach Notifications. If the County experiences a security breach involving
NCDHHS Data, the County will be responsible for providing notification to all
affected persons. The County will collaborate and cooperate with NCDHHS Office
of Privacy and Security regarding the content and timing of notification prior to
providing the notification.
k. Notification Costs. When the privacy or security breach arises out of a Party’s
performance under this MOA, that Party will pay for or reimburse the other Party
for the costs associated with giving affected persons written notice of a privacy or
security breaches.
l. Access To NCDHHS Data, U.S. Sensitive Personal Data, and Government-Related
Data By Countries Of Concern Or Covered Persons. The County shall fully comply
with all restrictions in 28 CFR Part 202 concerning direct or indirect access to or
bulk U.S. sensitive personal data or government-related data by Countries of
concern or covered persons as identified by the United States or North Carolina
Attorney General, including but not limited to China (including Hong Kong &
Macau), Cuba, Iran, North Korea, Russia, and Venezuela. For purpose of this
MOA, the County shall treat NCDHHS Data as if it were “bulk U.S. sensitive
personal data” or “United States Government-related data” as those phrases are
defined in 28 CFR 202. The County shall not engage in any acquisition, holding,
use, transfer, transportation, or exportation of, or dealing in, any property in which
a foreign country or national thereof has any interest (“transaction”), where the
transaction: involves United States Government-related data (“government-related
data”) or bulk U.S. sensitive personal data, as defined by 28 CFR 202; falls within
a class of transactions that has been determined by the North Carolina or U.S.
Attorney General or NCDHHS to pose an unacceptable risk to the national security
of the United States, the state of North Carolina, or NCDHHS because the
transactions may enable access by countries of concern or covered persons to
government-related data or bulk U.S. sensitive personal data; and meets other
criteria specified by Executive Order 14117. This requirement applies to any
transaction that takes place after the regulation’s effective date, July 1, 2025, even
if an agreement was signed prior to that effective date, including but not limited to:
Master Service Agreements (MSAs), Data transfer agreements, Research
agreements with foreign sites, and Service agreements with cloud, analytics, and
tech vendors.
9. NOTICE AND CONTACTS
The Parties mutually agree that the following named individuals will be designated as points of
contact for the MOA on behalf of NCDHHS and the County:
For NCDHHS:
The relevant NCDHHS Program Information Security Officers, via the head of the respective
program or office.
In the event the head of a program or office head or information security officer cannot be
located or contacted, the point of contact will be:
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Pyreddy Reddy
Chief Information Security officer
N.C. DHHS Privacy and Security Office
1915 Health Services Way
Raleigh, NC 27607
Phone: (919) 855-3090
Fax: (919) 733-1524
Email: pyreddy.reddy@dhhs.nc.gov
For County:
[Name]
[Title]
[Address]
[Phone Number]
[Fax Number]
[E-Mail]
The Parties agree that if there is a change regarding the information in this section, the party making
the change will notify the other party in writing of such change.
10. LIABILITY AND INDEMNIFICATION
a. Sovereign Immunity. Nothing herein shall be construed as a waiver of the sovereign
immunity of either Party or the State of North Carolina, or the assumption by the State of
any liability contrary to the laws and statutes of North Carolina. Each Party shall be
responsible for its own liabilities and neither Party shall seek indemnification from the
other.
b. Inurement. This MOA shall inure to the benefit of and be binding upon the Parties hereto
and their respective successors in the event of governmental reorganization pursuant to
N.C.G.S.§ 143A-6 or other authority.
11. THIRD PARTY MONITORING AND AUDITING
a. Federal Access. With advance notice, the IRS, SSA, other legally authorized other federal
agency, and NCDHHS shall have the right to send its officers and employees into the offices
and facilities of the County for inspection of the County’s facilities to ensure that adequate
safeguards and security measures have been maintained as required by this MOA. Key
areas to be inspected include record keeping, secure storage, limited access areas, disposal
areas, and computer security systems such as those described in IRS Publication 1075. The
County and NCDHHS will work together to correct any deficiencies identified during any
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internal inspection. NCDHHS may opt to utilize the County representatives for compliance
validation.
b. State Access. The State Auditor, NCDHHS internal auditors, and the Joint Legislative
Commission on Governmental Operations and legislative employees whose primary
responsibility is to provide professional or administrative services to the joint Legislative
Commission on Governmental Operations shall have the right, upon prior written notice,
to audit and inspect the County’s records, systems, processes and facilities as they relate to
the use, storage, processing, and protection of NCDHHS Data under this MOA. Such audits
may be conducted during normal business hours. The County shall provide reasonable
access to all relevant records, personnel, and systems necessary to conduct the audit,
including but not limited to electronic records, databases, and networks. The County shall
retain the records and information at least one (1) year following the termination or
expiration of this MOA, one (1) year following the end of the record retention period, or
one year after the resolution of an audit, litigation, or other action related to NCDHHS Data
under this MOA, whichever is later.
The following entities may audit the records of this MOA during and after the term of this
MOA to verify accounts and data affecting fees or other performance under this MOA:
i. The State Auditor.
ii. NCDHHS internal auditors.
iii. The Joint Legislative Commission on Governmental Operations and legislative
employees whose primary responsibility is to provide professional or administrative
services to the joint Legislative Commission on Governmental Operations.
12. DURATION OF AGREEMENT
a. Term. This MOA is effective on July 1, 2026, and shall continue through and including June
30, 2028, after which it will be renewed automatically for up to two additional one-year
terms, unless either party provides prior written notice to the other party of its intent not to
renew the MOA within 90 days prior to the end of the current term.
b. Termination. The Parties may terminate this MOA at any time upon mutual written agreement.
In addition, either party may terminate this MOA upon ninety (90) days’ advance written
notice to the other party. Such unilateral termination will be effective 90 days after the date
of the notice or at a later date specified in the notice. In the event this MOA is terminated
unilaterally by the County, NCDHHS will suspend the flow of NCDHHS Data and access
to NCDHHS IT Resources to the County until a superseding written agreement is executed
by the Parties.
c. Effect of Failure to Perform. NCDHHS may immediately and unilaterally suspend the flow of
NCDHHS Data and access to NCDHHS IT Resources to the County under this MOA, or
terminate this MOA, if NCDHHS, in its sole discretion, determines that the County
(including its employees, contractors and agents) has: (i) made an unauthorized use or
disclosure of NCDHHS Data; (ii) provided unauthorized access to NCDHHS Information
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Systems or other NCDHHS IT Resource; or (iii) violated or failed to follow the terms and
conditions of this MOA (Breach of Agreement). At the request of NCDHHS, the County
shall immediately discontinue access and use of any NCDHHS Data and NCDHHS IT
Resources demanded by NCDHHS.
d. Termination for Cause. If a Breach of Agreement or other failure to perform as required is not
cured within thirty (30) days, or as otherwise agreed to by NCDHHS in writing and in a
manner deemed acceptable by NCDHHS, then this MOA will be terminated for cause. If
the NCDHHS Data is a HIPAA-covered data set, a matter resolved in an unacceptable
manner will result in discontinued access and use of that NCDHHS Data and NCDHHS
shall report the problem to the Secretary of the United States Department of Health and
Human Services, per 45 CFR 164.514(e)(4)(iii)(A)).
13. MODIFICATION
a. Regular Review. The Parties shall review this MOA as deemed necessary by NCDHHS and
upon the written request of either NCDHHS or the County to the other party, or whenever a
State or Federal statute is enacted that material affects the substance of this MOA, in order
to determine whether it should be revised or renewed, as applicable.
b. Amendments. The Parties agree that all changes and amendments to this MOA shall be in
writing and executed by both parties.
14. GOVERNING LAW
a. The Laws of the State of North Carolina. The validity of this MOA and any of its terms or
provisions, as well as the rights and duties of the parties to this MOA, are governed by the
laws of North Carolina.
b. Venue. The place of this MOA and all transactions and agreements relating to it, and their
situs and forum, shall be Wake County, North Carolina, where all matters, whether
sounding in contract or tort, relating to the validity, construction, interpretation, and
enforcement shall be determined.
15. OTHER PROVISIONS/SEVERABILITY
a. Severability. Nothing in this MOA is intended to conflict with current federal or state laws
or regulations, or any governing policies of the County or NCDHHS. If any term of this
MOA is found by any court or other legal authority, or is agreed by the Parties to be in
conflict with any law or regulation governing its subject, the conflicting term shall be
considered null and void. The remaining terms and conditions of this MOA shall remain in
full force and effect.
b. Entire Agreement. This MOA and any amendments hereto and any documents incorporated
specifically by reference represent the entire agreement between the Parties and supersede
all prior oral and written statements or agreements.
c. Conflicts. The terms and conditions of this MOA shall override and control any conflicting
term or condition of any prior agreement between the Parties pertaining to the NCDHHS
Data, NCDHHS Information System, or other NCDHHS It Resource.
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d. Requests from Third Parties and Subpoenas or Other Legal Process. If a subpoena or other
legal process in any way concerning the NCDHHS Data, NCDHHS Information System,
or other NCDHHS IT Resource is served upon the County, then Recipient shall notify
NCDHHS promptly following receipt of such subpoena or other legal process and shall
cooperate with NCDHHS in any lawful effort by NCDHHS to contest the legal validity of
such subpoena or other legal process. If the County is contacted by a third party for
information related to the NCDHHS Data, NCDHHS Information System, other NCDHHS
IT Resource, or the terms of this MOA, then the County shall promptly notify NCDHHS
of the request and shall not provide any such information to the third party without first
receiving written approval from NCDHHS unless otherwise required by law.
16. EFFECTIVE DATE
This MOA shall become effective July 1, 2026 and shall continue in effect until June 30, 2028
unless otherwise extended or terminated under the terms of this MOA.
-------------Signatures on Next Page. The Rest of This Page Left Intentionally Blank.--------------
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17.SIGNATURE WARRANTY
Each individual signing below warrants that he or she is duly authorized by the party to sign this
MOA and to bind the party to the terms and conditions of this MOA.
For the County
BY:
Name
TITLE:
DATE:
-AND-
BY:
Name
TITLE: _____
DATE: ______
For the North Carolina Department of Health and Human Services
BY: _______________________________
Name
TITLE: Secretary, North Carolina Department of Health and Human Services
DATE: ______
45
AGENDA ABSTRACT
August 3, 2026
Agenda Title:
The NCDHHS Subsidized Child Care Assistance Program Plan
Summary of Information:
The Subsidized Child Care Assistance Program helps eligible low-income families afford
childcare costs by sharing expenses for children from birth to age 12. This plan determines
how the Person County Department of Social Services will prioritize services with available
funding and manage a waiting list for child services. The plan must be reviewed, updated, and
submitted every two years.
Financial Impact:
None
Recommended Action:
Review and sign plan on behalf of Person County.
Submitted By:
Adonica Hampton, DSS Director
46
47
48
49
50
AGENDA ABSTRACT
August 3, 2026
DSS Energy Programs Outreach Plan
The Low-Income Home Energy Assistance Program (LIHEAP) is a federally funded block
grant program that is comprised of three different programs - Crisis Intervention Program
(CIP), Low Income Energy Assistance Program (LIEAP) and Weatherization. There are also
non-Federal Crisis Intervention Programs – Duke Energy Progress Share the Light, Piedmont
Natural Gas Share the Warmth, Duke Energy Progress NC Settlement Rate, and Wake Electric
Round Up.
To maximize the success of this program, outreach is provided to county residents through key
community partner stakeholders. The county social services director or designee is required to
develop a plan for outreach and application activities for eligible households to be made aware
of these programs.
Financial Impact:
Recommended Action:
Submitted By:
51
Person County Department of Social Services/Human Services
ENERGY PROGRAMS OUTREACH PLAN
The Low-Income Home Energy Assistance Program (LIHEAP) is a federally funded block grant
program that is comprised of three different programs - Crisis Intervention Program (CIP), Low
Income Energy Assistance Program (LIEAP) and Weatherization. There are also non-Federal
Crisis Intervention Programs – Duke Energy Progress Share the Light, Piedmont Natural Gas
Share the Warmth, Duke Energy Progress NC Settlement Rate, and Wake Electric Round Up
To maximize the success of this program, outreach to county residents through key community
partner stakeholders, each county department of social services is required to develop and
implement an Energy Program Outreach Plan (EPOP). This plan is a framework to assure that
eligible households are made aware of the assistance available through these programs.
The county director and/or his/her designee is required to develop the EPOP, which addresses
outreach and application activities related to the Energy Programs. The Outreach Plan is due to
North Carolina Department of Health and Human Services (NCDHHS) by July 31, 2026.
Each county must form an outreach planning committee that creates the opportunity for county
level collaboration to discuss and plan how to effectively reach county residents to inform them
of the services provided by the energy programs. The committee should meet at least twice
yearly; September for outreach planning related to LIEAP and April to review the outcomes
related to LIEAP and to plan for outreach activities for summer weather. Energy Assistance
Outreach Plan
Answer all questions below. Address CIP, non-Federal CIP, and LIEAP were appropriate:
COMMITTEE MEMBERSHIP
The Director of Social Services should engage a number of various community partners such as
Vendors, Housing Authority, Public Libraries, Public School System/Local Colleges/Head Start,
Legal Services, Meals on Wheels, Media, Public Health/Health Centers, Churches, Food Banks,
Councils on Aging/Senior Centers, Community based Indian organizations, Volunteer Programs,
Vocational Rehabilitation Offices, and Transportation, services, etc.
1.Provide a list of committee members and their agencies.
Person County Senior Center, Christian Help Center, Salvation Army,
Partnership for Children, Child Care Centers, United Way (via 211)
Vocational Rehabilitation, Community Churches, Person County Library
2.Provide potential meeting dates, times, locations, as well as agenda topics.
Potential date would be the 3rd Tuesday in June and October.
Agenda , location and time are TBD.
52
Define how DSS/DHS will work with the committee as well as any other agencies to collaborate
regarding the Energy Program and how outreach will be provided to the citizens in your area.
PCDSS will communicate with the community when funds are available for programs along with
the requirements and process for residents to apply.
media such as newspapers, social media, radio and television stations to publicize the Energy
Programs?
An ad may be placed in the local paper. PCG/PCDSS has social media pages. Also, DHHS
have a social media site and information is shared with the community once it is posted.
1. Provide a list of media outlets that will be used as well as timeframes in which they will
be contacted (provide examples of how the county can enhance these efforts):
Local newspaper fee is by the size and how many times it is ran. Ad is normally posted
mid-late November for LIEAP and may vary for other services as July is the start of the
new fiscal year for CIP. Local radio broadcast and social media is free.
53
ORGANIZATIONAL STRUCTURE:
Counties are required to provide application processes for CIP, non-Federal CIP programs,
and/or LIEAP. This information must be reported to the NCDHHS annually.
1. Provide hours of operation, location and whether the programs are in house or
contracted out. If your agency contracts out to other agencies attach the contract(s).
LIEAP, CIP and other energy programs are taken at PCDSS Monday thru Friday
8:30am-5pm in person, drop off, via telephone, fax, mail and email. Clients can also
apply online via ePass 24/7.
CONTACT INFORMATION:
Your contact information is essential to the success of the Energy Programs. Please complete
the following information.
Name: _Sandra Stanfield__________________________________
Address: _355-B South Madison, Blvd Roxboro, NC 27573__________________________
Telephone: _336-503-1165__________________________________
Email: sstanfield@personcountync.gov___________________________________
Please indicate which program:
BEST PRACTICES:
advantage of the program if it is known they will qualify. We reach out and collaborate with
Adult Services Social Workers to ensure their clients have applied.
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X LIEAP
X CIP
This plan must be approved by the local Board of Social Services/Human Services Board
or local agency governing body prior to submission. Refer to the latest Dear County
Director Letter for instructions on how to submit this document to the North Carolina
State office.
_____________________________________________________________________
Board of Social Services/Human Services or governing body Signature
________________________________
Date
_______________________________________________________________________
Director’s Signature
________________________________
Date
DSS-8119ia (06/18) Page 4 of 4
Economic and Family Services
55
AGENDA ABSTRACT
August 3, 2026
FY27 Classification and Pay Plan
The Board of Commissioners approved a 3.0% cost-of-living adjustment (COLA) for County
employee salaries as part of the FY27 Budget. This adjustment also increases the County’s
salary schedule by 3.0%.
In addition, the Board approved implementation of the Public Safety Pay Study for FY27. The
study will be rolled out in two phases. Phase I has been implemented for the following
positions:
•EMS Paramedic
•EMS Paramedic/FTE
•EMS Field Training Officer/Lieutenant
•Detention Officer
•Detention Officer Corporal
•Detention Officer Sergeant
Phase II will be implemented in January 2027.
Financial Impact:
Recommended Action:
Submitted By:
56
Person County Government
Pay and Classification Plan
7/1/2026
57
1950
GRADE GRADE GRADE
$14.30 $27,885 113 $25.68 $50,076 125 $46.10 $89,901
$18.32 $35,724 113 $32.90 $64,155 125 $59.08 $115,198
$22.34 $43,563 113 $40.12 $78,234 125 $72.05 $140,497
$15.02 $29,289 114 $26.97 $52,592 126 $48.41 $94,396
$19.24 $37,518 114 $34.55 $67,373 126 $62.03 $120,958
$23.46 $45,747 114 $42.14 $82,173 126 $75.65 $147,522
$15.77 $30,752 115 $28.30 $55,185 127 $50.83 $99,116
$20.20 $39,390 115 $36.27 $70,727 127 $65.13 $127,007
$24.64 $48,048 115 $44.24 $86,268 127 $79.43 $154,898
$16.55 $32,273 116 $29.73 $57,974 128 $53.37 $104,071
$21.21 $41,360 116 $38.09 $74,276 128 $68.39 $133,357
$25.86 $50,427 116 $46.45 $90,578 128 $83.41 $162,643
$17.39 $33,911 117 $31.21 $60,860 129 $56.04 $109,276
$22.27 $43,427 117 $39.99 $77,981 129 $71.81 $140,024
$27.16 $52,962 117 $48.77 $95,102 129 $87.58 $170,775
$18.25 $35,588 118 $32.76 $63,882 130 $58.84 $114,738
$23.38 $45,591 118 $41.99 $81,881 130 $75.40 $147,026
$28.51 $55,595 118 $51.21 $99,860 130 $91.96 $179,314
$19.16 $37,362 119 $34.41 $67,100 131 $61.78 $120,475
$24.56 $47,892 119 $44.08 $85,956 131 $79.17 $154,377
$29.94 $58,383 119 $53.77 $104,852 131 $96.55 $188,279
$20.12 $39,234 120 $36.13 $70,454 132 $64.87 $126,498
$25.78 $50,271 120 $46.29 $90,266 132 $83.13 $162,096
$31.44 $61,308 120 $56.45 $110,078 132 $101.38 $197,693
$21.13 $41,204 121 $37.93 $73,964 133 $68.11 $132,824
$27.07 $52,787 121 $48.61 $94,790 133 $87.28 $170,201
$33.01 $64,370 121 $59.28 $115,596 133 $106.45 $207,578
$22.19 $43,271 122 $39.83 $77,669 134 $71.52 $139,465
$28.42 $55,419 122 $51.04 $99,528 134 $91.65 $178,711
$34.66 $67,587 122 $62.24 $121,368 134 $111.77 $217,956
$23.29 $45,416 123 $41.82 $81,549
$29.84 $58,188 123 $53.59 $104,501
$36.40 $70,980 123 $65.35 $127,433
$24.45 $47,678 124 $43.91 $85,620
$31.33 $61,094 124 $56.26 $109,714
$38.22 $74,529 124 $68.62 $133,806
58
2080
GRADE GRADE GRADE
$13.41 $27,893 113 $24.07 $50,066 125 $46.10 $89,901
$17.18 $35,734 113 $30.85 $64,168 125 $59.08 $115,198
$20.95 $43,576 113 $37.62 $78,250 125 $72.05 $140,497
$14.08 $29,286 114 $25.28 $52,582 126 $48.41 $94,396
$18.04 $37,523 114 $32.38 $67,350 126 $62.03 $120,958
$22.00 $45,760 114 $39.50 $82,160 126 $75.65 $147,522
$14.78 $30,742 115 $26.54 $55,203 127 $50.83 $99,116
$18.94 $39,395 115 $34.01 $70,741 127 $65.13 $127,007
$23.10 $48,048 115 $41.47 $86,258 127 $79.43 $154,898
$15.52 $32,282 116 $27.86 $57,949 128 $53.37 $104,071
$19.89 $41,371 116 $35.71 $74,277 128 $68.39 $133,357
$24.25 $50,440 116 $43.55 $90,584 128 $83.41 $162,643
$16.30 $33,904 117 $29.26 $60,861 129 $56.04 $109,276
$20.88 $43,430 117 $37.49 $77,979 129 $71.81 $140,024
$25.46 $52,957 117 $45.72 $95,098 129 $87.58 $170,775
$17.11 $35,589 118 $30.72 $63,898 130 $58.84 $114,738
$21.92 $45,594 118 $39.37 $81,890 130 $75.40 $147,026
$26.74 $55,619 118 $48.01 $99,861 130 $91.96 $179,314
$17.96 $37,357 119 $32.26 $67,101 131 $61.78 $120,475
$23.01 $47,861 119 $41.33 $85,966 131 $79.17 $154,377
$28.07 $58,386 119 $50.41 $104,853 131 $96.55 $188,279
$18.86 $39,229 120 $33.87 $70,450 132 $64.87 $126,498
$24.17 $50,274 120 $43.40 $90,272 132 $83.13 $162,096
$29.48 $61,318 120 $52.92 $110,074 132 $101.38 $197,693
$19.81 $41,205 121 $35.57 $73,986 133 $68.11 $132,824
$25.38 $52,790 121 $45.57 $94,786 133 $87.28 $170,201
$30.95 $64,376 121 $55.58 $115,606 133 $106.45 $207,578
$20.80 $43,264 122 $37.34 $77,667 134 $71.52 $139,465
$26.65 $55,432 122 $47.84 $99,507 134 $91.65 $178,711
$32.50 $67,600 122 $58.35 $121,368 134 $111.77 $217,956
$21.84 $45,427 123 $39.20 $81,536
$27.99 $58,219 123 $50.24 $104,499
$34.12 $70,970 123 $61.27 $127,442
$22.93 $47,694 124 $43.91 $85,620
$29.38 $61,110 124 $56.26 $109,714
$35.82 $74,506 124 $68.62 $133,806
59
2184
GRADE GRADE GRADE
$12.77 $27,890 113 $22.93 $50,079 125 $41.17 $89,915
$16.37 $35,752 113 $29.38 $64,166 125 $52.76 $115,228
$19.95 $43,571 113 $35.82 $78,231 125 $64.33 $140,497
$13.41 $29,287 114 $24.07 $52,569 126 $43.22 $94,392
$17.18 $37,521 114 $30.85 $67,376 126 $55.39 $120,972
$20.95 $45,755 114 $37.62 $82,162 126 $67.56 $147,551
$14.08 $30,751 115 $25.28 $55,212 127 $45.39 $99,132
$18.04 $39,399 115 $32.38 $70,718 127 $58.15 $127,000
$22.00 $48,048 115 $39.50 $86,268 127 $70.93 $154,911
$14.78 $32,280 116 $26.54 $57,963 128 $47.66 $104,089
$18.94 $41,365 116 $34.00 $74,256 128 $61.06 $133,355
$23.11 $50,472 116 $41.47 $90,570 128 $74.48 $162,664
$15.52 $33,896 117 $27.86 $60,846 129 $50.04 $109,287
$19.89 $43,440 117 $35.71 $77,991 129 $64.13 $140,060
$24.25 $52,962 117 $43.55 $95,113 129 $78.21 $170,811
$16.29 $35,577 118 $29.26 $63,904 130 $52.54 $114,747
$20.88 $45,602 118 $37.49 $81,878 130 $67.33 $147,049
$25.46 $55,605 118 $45.72 $99,852 130 $82.11 $179,328
$17.11 $37,368 119 $30.72 $67,092 131 $55.17 $120,491
$21.92 $47,873 119 $39.37 $85,984 131 $70.69 $154,387
$26.73 $58,378 119 $48.01 $104,854 131 $86.21 $188,283
$17.96 $39,225 120 $32.26 $70,456 132 $57.93 $126,519
$23.02 $50,276 120 $41.33 $90,265 132 $74.22 $162,096
$28.07 $61,305 120 $50.41 $110,095 132 $90.53 $197,718
$18.86 $41,190 121 $33.87 $73,972 133 $60.82 $132,831
$24.17 $52,787 121 $43.40 $94,786 133 $77.94 $170,221
$29.48 $64,384 121 $52.93 $115,599 133 $95.05 $207,589
$19.81 $43,265 122 $35.57 $77,685 134 $63.86 $139,470
$25.38 $55,430 122 $45.57 $99,525 134 $81.83 $178,717
$30.95 $67,595 122 $55.58 $121,387 134 $99.81 $217,985
$20.80 $45,427 123 $37.34 $81,551
$26.65 $58,204 123 $47.84 $104,483
$32.50 $70,980 123 $58.35 $127,436
$21.84 $47,699 124 $39.21 $85,635
$27.99 $61,130 124 $50.24 $109,724
$34.12 $74,518 124 $61.27 $133,814
60
Minimum Grade Position Base Pay Desc Job Class
103 CUSTODIAN 1950 Non-exempt 2032
104 ANIMAL CARE TECHNICIAN 1950 Non-exempt 2134
104 COMM SOC SERV TECHNICIAN 1950 Non-exempt 2011
104 CUSTODIAL TECHNICIAN 1950 Non-exempt 2156
104 PI COMMUNITY EMPLOY SPECIALIST 2080 Non-exempt 2123
104 PI DIRECT SUPPORT PROFESSIONAL 2080 Non-exempt 2033
106 GROUNDS MAINTENANCE WORKER 1950 Non-exempt 2100
106 LIBRARIAN ASSOCIATE 1950 Non-exempt 2204
106 LIBRARY TECHNICIAN 1950 Non-exempt 2102
106 P&R GROUNDS MAINTENANCE WORKER 1950 Non-exempt 2104
106 PI FIELD SUPERVISOR 2080 Non-exempt 2081
106 TRANSIT SPECIALIST 2080 Non-exempt 2083
107 ANIMAL SERV PLACE & PROG COORD 1950 Non-exempt 2206
107 BUILDING MAINTENANCE MECH I 1950 Non-exempt 2055
107 OFFICE ASSISTANT IV 1950 Non-exempt 2080
107 PATS ADMIN SUPPORT SPECIALIST 1950 Non-exempt 2125
107 PI ACCOUNTING/ADMIN SUPPORT 2080 Non-exempt 2213
107 PROCESSING ASSISTANT IV 1950 Non-exempt 2082
107 TAX CUSTOMER SERVICE REPRESENT 1950 Non-exempt 2103
108 DEPUTY REGISTER OF DEEDS 1950 Non-exempt 2126
108 HUMAN RESOURCES ASSISTANT 1950 Non-exempt 2130
108 INCOME MAINT CASEWORKER I 1950 Non-exempt 2122
108 MED LAB TECHNICIAN I 1950 Non-exempt 2251
108 SHERIFF TELECOMMUNICATOR 2080 Non-exempt 2160
109 ACCOUNTING TECH III 1950 Non-exempt 2170
109 ACCOUNTING TECHNICIAN I 1950 Non-exempt 2168
109 ACCOUNTS PAYABLE TECHNICIAN 1950 Non-exempt 2184
109 ADMIN SUPPORT SPEC SR 1950 Non-exempt 2196
109 ADMINISTRATIVE ASSISTANT I 1950 Non-exempt 2171
109 APPRAISAL TECHNICICAN 1950 Non-exempt 2151
109 CHILD SUPPORT AGENT I 1950 Non-exempt 2173
109 FOREIGN LANGUAG INTERPRETER II 1950 Non-exempt 2175
109 LIBRARY TECH SPECIALIST 1950 Non-exempt 2197
109 P&R LEAD MAINTENANCE WORKER 1950 Non-exempt 2164
109 PERMIT TECHNICIAN 1950 Non-exempt 2189
109 PI PRODUCTION COORDINATOR 2080 Non-exempt 2079
109 PLANNING TECHNICIAN 1950 Non-exempt 2211
109 PROCESSING ASSISTANT V 1950 Non-exempt 2131
109 PROCESSING UNIT SUPERVISOR V 1950 Non-exempt 2129
109 SENIOR GROUNDS MAINTENANCE WOR 1950 Non-exempt 2127
109 TAX CUSTOMER SERVICE REP SR 1950 Non-exempt 2158
110 ACCOUNTING &PAYROLL TECHNICIAN 1950 Non-exempt 2182
110 BUILDING MAINT MECH II 1950 Non-exempt 2056
110 INCOME MAINT CASEWORKER II 1950 Non-exempt 2176
110 INCOME MAINT INVESTIGATOR I 1950 Non-exempt 2550
110 LAND RECORDS SPECIALIST 1950 Non-exempt 2212
110 LIBRARY OUTREACH COORDINATOR 1950 Non-exempt 2153
110 PERSONAL PROP APPRAISER 1950 Non-exempt 2215
110 PI PRODUCTION MAINT TECH 2080 Non-exempt 2191
110 SHRFSR ADMN SUP SPEC/EVID CUST 2080 Non-exempt 2602
110 SOCIAL WORKER I 1950 Non-exempt 2193
111 911 TELECOMMUNICATOR 2080 Non-exempt 2208
111 ADMIN ASST II 1950 Non-exempt 2181
111 ANIMAL CONTROL OFFICER 1950 Non-exempt 2150
61
111 CHILD SUPPORT AGENT II 1950 Non-exempt 2231
111 COMM DIV TELECOMM EMD 2080 Non-exempt 2194
111 EMS EMT 2080 Non-exempt 2284
111 PERMIT TECHNICIAN LEAD 1950 Non-exempt 2185
111 PUBLIC HEALTH EDUCATOR I 1950 Non-exempt 2587
111 SHERIFF TELECOMMUNICATOR SUPV 2080 Non-exempt 2202
112 CHILD SUPPORT AGENT LEAD 1950 Non-exempt 2257
112 COMMUNICATIONS DIV LIEUTENANT 2080 Non-exempt 2329
112 CULTURAL ARTS PROG SPECIALIST 1950 Non-exempt 2950
112 DEPUTY ELECTIONS DIRECTOR 1950 Non-exempt 2258
112 DET OFFCR / DEP SHRF TRNEE 2184 Non-exempt 2161
112 DETENTION OFFICER 2184 Non-exempt 2159
112 ECONOMIC DEVELOPMENT SPEC 1950 Non-exempt 2220
112 EMS ADVANCED EMT 2080 Non-exempt 2121
112 FINANCE TECHNICIAN II 1950 Non-exempt 2253
112 INCOME MAINT CASEWORKER III 1950 Non-exempt 2234
112 INCOME MAINTENANCE SUPV I 1950 Exempt 2260
112 IT PROCUREMENT & ADMIN OFFICER 1950 Non-exempt 2460
112 OUTDOOR REC PRG SPEC 1950 Non-exempt 2256
112 PAYROLL TECHNICIAN 1950 Non-exempt 2207
112 PI PROGRAM COORDINATOR 2080 Non-exempt 2203
112 RECREATION PROG & EVENTS SPEC 1950 Non-exempt 2306
112 RECREATION PROGRAM SPECIALIST 1950 Non-exempt 2276
113 ADMINISTRATIVE OFFICER I 1950 Non-exempt 2504
113 BUILD CODE ENFORCEMENT OFF I 1950 Non-exempt 2270
113 DEPUTY SHERIFF 2184 Non-exempt 2259
113 DETENTION OFFICER CORPORAL 2184 Non-exempt 2187
113 EMERGENCY SERVICES OFFICE MGR 1950 Non-exempt 2503
113 GENERAL SERVICES OFFICE MGR 1950 Non-exempt 2505
113 GIS TECHNICIAN 1950 Non-exempt 2434
113 NUTRITIONIST II 1950 Non-exempt 2254
113 PI BUSINESS OFFICER 2080 Non-exempt 2302
113 SHERIFF EXECUTIVE ASSISTANT 2080 Non-exempt 2305
113 STAFF DEVELOPMENT SPECIALIST I 1950 Non-exempt 2152
113 TRANSPORTATION COORDINATOR 1950 Non-exempt 2502
113 VETERAN'S SERVICES OFFICER 1950 Non-exempt 2955
114 CHILD SUPPORT SUPV II 1950 Exempt 2290
114 DEPUTY SHERIFF PATROL CORPORAL 2184 Non-exempt 2244
114 GROUND MAINTENANCE SUPV 1950 Exempt 2322
114 HELP DESK TECHNICIAN 1950 Non-exempt 2225
114 HUMAN RESOURCES GENERALIST 1950 Non-exempt 2523
114 INCOME MAINTENANCE SUPV II 1950 Exempt 2272
114 LIBRARIAN 1950 Exempt 2298
114 OUTREACH LIBRARIAN 1950 Non-exempt 2165
114 PAYROLL SPECIALIST 1950 Non-exempt 2238
114 PERSONAL PROP APPR SUPV 1950 Non-exempt 2277
114 PI PROGRAM MANAGER 2080 Exempt 2343
114 REAL PROPERTY APPRAISER 1950 Non-exempt 2301
114 SOCIAL WORKER II 1950 Non-exempt 2274
114 SOIL CONSERVATIONIST 1950 Non-exempt 2252
115 ACCOUNTING SPECIALIST II 1950 Exempt 2320
115 BUILDING CODE ENF OFF II 1950 Non-exempt 2162
115 BUILDING MAINTENANCE SUPERVISO 1950 Exempt 2341
115 COMM DIV PERFORMANCE IMPR CAPT 2080 Non-exempt 2960
115 COMMUNICATIONS DIVISION CAPT 2080 Non-exempt 2239
62
115 DEPUTY SHERIFF SPECIAL ASSIGN 2184 Non-exempt 2288
115 DETENTION SHIFT SUP SGT 2184 Non-exempt 2242
115 ENVIRONMENTAL HEALTH SPEC 1950 Non-exempt 2349
115 HUMAN RESOURCES LEAD GENERAL 1950 Non-exempt 2525
115 IT USER SUPPORT SPEC 1950 Non-exempt 2351
115 NUTRITIONIST III 1950 Exempt 2297
115 PARK MAINTENANCE SUPERVISOR 1950 Exempt 2419
115 PARK SUPERVISOR 1950 Exempt 2414
115 PI PRODUCTION MANAGER 2080 Non-exempt 2192
115 PLANNER 1950 Exempt 2495
116 COMMUNICATIONS DIVISION MAJOR 2080 Non-exempt 2236
116 DEPUTY SHERIFF SERGEANT 2184 Non-exempt 2328
116 DET CENTER OPS MGR LT 2184 Non-exempt 2289
116 DETENTION ADMIN OFF LT 2080 Non-exempt 2218
116 EMERGENCY MANAGEMENT PLANNER I 1950 Non-exempt 2589
116 EMS PARAMEDIC 2080 Non-exempt 2280
116 EMS SENIOR PARAMEDIC/FTE 2080 Non-exempt 2285
116 EXISTING INDUSTRY SPECIALIST 1950 Non-exempt 2592
116 INCOME MAINTENANCE SUPV III 1950 Exempt 2310
116 IT ADVANCED USER SUPPORT SPEC 1950 Non-exempt 2262
116 PI LEAD PROGRAM MANAGER 2080 Exempt 2339
116 PROJECT MANAGER/PAYROLL SUPV 1950 Exempt 2209
116 SOCIAL WORKER III 1950 Non-exempt 2324
116 TAX COLLECTIONS SUPERVISOR 1950 Non-exempt 2300
117 ACCOUNTING PAYROLL SUPERVISOR 1950 Exempt 2348
117 ANIMAL SERVICES MANAGER 1950 Exempt 2106
117 CLERK TO THE BOARD/EXE ASST 1950 Non-exempt 2391
117 DEP SHER LT PATROL TECHNOLOGY 2184 Non-exempt 2287
117 DEPUTY FIRE MARSHAL (CAPTAIN)2080 Non-exempt 2303
117 DEPUTY LIBRARY DIRECTOR 1950 Exempt 2331
117 DEPUTY SHERIFF LIEUTENANT 2184 Non-exempt 2377
117 EMS ADVANCED PRACTITIONER-MIH 2080 Non-exempt 2265
117 EMS EDUCATION COORDINATOR CPT 2080 Non-exempt 2292
117 EMS FIELD MEDICAL OFFICER CAPT 2080 Non-exempt 2282
117 EMS FIELD TRAINING OFFICER/LT 2080 Non-exempt 2281
117 EMS LOGISTICS COORDINATOR CPT 2080 Non-exempt 2286
117 ENVIRON HEALTH PROG SPEC 1950 Non-exempt 2390
117 GIS ANALYST 1950 Non-exempt 2433
117 SOCIAL WORK SUPERVISOR II 1950 Exempt 2345
117 SOCIAL WORKER IAT 1950 Non-exempt 2346
117 SOIL & WATER DIRECTOR 1950 Exempt 2267
118 IT USER SUPPORT MANAGER 1950 Non-exempt 2105
118 PH QUALITY ASSUR SPECIALIST II 1950 Non-exempt 2438
118 PI ASSISTANT DIRECTOR 2080 Exempt 2416
118 PUBLIC HEALTH NURSE II 1950 Non-exempt 2412
119 ANIMAL SERVICES DIRECTOR 1950 Exempt 2365
119 ASSIST PARKS & REC DIRECTOR 1950 Exempt 2379
119 BUSINESS OFFICER I 1950 Exempt 2319
119 DEPUTY SHERIFF CAPTAIN 2184 Exempt 2451
119 DIV CHF COM RSK RED FIRE MRSHL 1950 Exempt 2294
119 DIV CHF EMERG TELECOMMUNICTION 1950 Exempt 2440
119 INCOME MAINT ADMINISTRATOR I 1950 Exempt 2393
119 PROPERTY APPRAISAL MANAGER 1950 Exempt 2452
119 PUBLIC HEALTH NURSE III 1950 Non-exempt 2432
120 NETWORK ADMINISTRATOR 1950 Exempt 2454
63
120 SOCIAL WORK SUPV III 1950 Exempt 2411
120 SYSTEM ADMINISTRATOR - IT 1950 Exempt 2358
121 CHILD WELFARE PROGRAM MANAGER 1950 Exempt 2163
121 ELECTIONS DIRECTOR 1950 Exempt 2342
121 EMS DIVISION CHIEF 1950 Exempt 2430
121 ENVIRONMENTAL HEALTH SUPV II 1950 Exempt 2475
121 PUBLIC INFORMATION OFFICER 1950 Exempt 2545
121 REGISTER OF DEEDS 1950 Exempt - Elected Official 2470
121 SHERIFF MAJOR 2184 Exempt 2509
121 SOCIAL WORK PROGRAM MGR 1950 Exempt 2431
122 CHIEF INFORMATION SECURITY OFF 1950 Exempt 2357
122 HUMAN RESOURCES ASSISTANT DTR 1950 Exempt 2245
122 PUBLIC HEALTH SUPV II 1950 Exempt 2492
123 ASSIST CHIEF FINANCE OFFICER 1950 Exempt 2450
123 ASSIST CHIEF INFORM OFFICER 1950 Exempt 2458
123 CHIEF DEPUTY 2184 Exempt 2510
123 GIS DIRECTOR 1950 Exempt 2237
123 LIBRARY DIRECTOR 1950 Exempt 2490
123 TRANSPORTATION DIRECTOR 1950 Exempt 2371
124 INSPECTIONS DIRECTOR 1950 Exempt 2493
124 PARKS AND REC DIRECTOR 1950 Exempt 2512
125 EDC DIRECTOR 1950 Exempt 2584
125 PERSON INDUSTRIES DIRECTOR 2080 Exempt 2540
125 SOC SERVICES DEPUTY DIRECTOR 1950 Exempt 2591
127 GENERAL SERVICES DIRECTOR 1950 Exempt 2520
127 HUMAN RESOURCES DIRECTOR 1950 Exempt 2521
127 PLANNING DIRECTOR 1950 Exempt 2586
127 TAX ADMINISTRATOR 1950 Exempt 2560
128 SHERIFF 1950 Exempt - Elected Official 2600
128 CHIEF FINANCE OFFICER 1950 Exempt 2580
128 CHIEF INFORMATION OFFICER 1950 Exempt 2583
128 EMERGENCY SERVICES DIRECTOR 1950 Exempt 2541
128 PUBLIC HEALTH DIRECTOR 1950 Exempt 2581
128 SOCIAL SERVICES DIRECTOR 1950 Exempt 2582
130 ASSISTANT COUNTY MANAGER 1950 Exempt 2620
134 COUNTY MANAGER 1950 Exempt 2700
64
PAY CODE RECREATION, ARTS & PARKS RATE PERSON INDUSTRIES RATE
820 MAYO PARK ADMIN SUPPORT $12.28 PI VAN DRIVER $11.81
824 SR RECREATION CLASS INSTRUCTOR $24.56 PI TRUCK DRIVER $13.58
826 KIRBY MAINTENANCE WORKER II $21.13 PI ADMIN/CONSULTANT $24.08
833 PARKS & REC BUS DRIVER $12.28 ELECTIONS 1 STOP $14.10
834 TOURNAMENT SUPERVISOR $12.28 PI MACHINE OPERATOR $12.98
835 PARK MAINTENANCE WORKER I $18.42 SOIL & WATER
836 MULTI SPORT OFFICIAL $8.89
847 SUMMER CAMP COUNSELOR $18.42
848 ART INSTRUCTOR $18.42
849 KIRBY LIGHT /SOUND TECH $18.42
850 KIRBY SPOT LIGHT TECH $12.28
851 KCA HOUSE/ GALLERY MGR $9.83
854 AUDITORIUM SUPERVISOR $12.28
857 YOUTH SOCCER SCOREKEEPER/GATE $9.83
858 YOUTH SOCCER SUPERVISOR $12.28
859 YOUTH FOOTBALL SCORE/GATE $9.83
860 YOUTH FOOTBALL SUPERVISOR $12.28
861 YOUTH BASKETBALL SCORE/GATE $9.83
862 YOUTH BASKETBALL SUPERVISOR $12.28
863 ADULT BASKETBALL SCORE/GATE $9.83
864 ADULT BASKETBALL SUPERVISOR $12.28
865 YOUTH VOLLEYBALL SCORE/GATE $9.83
866 YOUTH VOLLEYBALL SUPERVISOR $12.28
867 WOM/MEN VOLLEYBALL SCORE/GATE $9.83
868 WOM/MEN VOLLEYBALL SUPERVISOR $12.28
869 BASEBALL SCORE/GATE $9.83
870 BASEBALL SUPERVISOR $12.28
871 ADULT SOCCER SCORE/GATE $9.83
872 ADULT SOCCER SUPERVISOR $12.28
873 YOUTH KICKBALL SCORE/GATE $9.83
874 YOUTH KICKBALL SUPERVISOR $12.28
875 ADULT KICKBALL SCORE/GATE $9.83
876 ADULT KICKBALL SUPERVISOR $12.28
877 SUMMER CAMP LEAD COUNSELOR $20.09
878 KIRBY MAINTENANCE WORKER I $18.42
879 MAYO MAINTENANCE WORKER I $18.42
880 SPORTSPLEX MAINTENANCE WORKER I $18.42
881 SPORTSPLEX ADMIN SUPPORT $12.28
882 SPORTSPLEX BASEBALL SUPERVISOR $12.28
883 PARK MAINTENANCE WORKER II $21.13
884 MAYO MAINTENANCE WORKER II $21.13
885 SPORTSPLEX MAINTENANCE WORKER II $21.13
886 KIRBY EDUCATOR $12.28
887 KIRBY WEB DESIGNER/ADMIN $12.28
888 MAYO WEB DESIGNER $12.28
889 RECREATION WEB DESIGNER $12.28
890 SPORT PLEX WEB DESIGNER $12.28
893 ATHLETIC ADMIN SUPPORT $12.28
894 RECREATION ADMIN SUPPORT $12.28
PT ENVIRONMENTAL
EDUCATION & SUPP COORD 21.13
65
AGENDA ABSTRACT
August 3, 2026
Person County Museum of History FY27 Funding Agreement
The Adopted Budget for FY27 includes an appropriation of $40,000 to the Person County
Museum of History to be used toward public-facing expenses, including Capital
Improvements, Facility Expenses, Programs/Events/Exhibits, and Public-Facing Operational
Financial Impact:
Recommended Action:
Submitted By:
66
NORTH CAROLINA
PERSON COUNTY
MUSEUM OF HISTORY AGREEMENT
This Agreement is made and entered into this day of July, 2026, by and between Person
County, North Carolina, a political subdivision of the State of North Carolina, hereinafter called
“County,” and Person County Museum of History, a North Carolina nonprofit corporation,
hereinafter called “Museum.”
WHEREAS, the Museum executive director submitted a FY26-27 Budget Appropriation
Request to continue the campus revitalization; and
WHEREAS, the mission of the Museum is to collect, preserve, and present the artifacts and
history of Person County under the supervision of the Board of Directors and to use these
collections for exhibitions, educational programs and related activities for the benefit of Person
County citizens and visitors; and
WHEREAS, the Museum occupies multiple county-owned buildings on N. Main St. in Roxboro,
the County maintains the exterior of all Museum buildings, and the Museum maintains the
interiors of all buildings, in accordance with the Memorandum of Understanding between the
Museum and the County, dated April 12, 2012; and
WHEREAS, the Museum has determined that the requested funds are needed to assist in
achieving its desire for long-term financial stability; and
WHEREAS, numerous special projects can move the organization forward and toward the goal
of self-sustainability but require seed funding to initiate; and
WHEREAS, in order to offer a safe and welcoming campus to Person County residents and
visitors, updates are required to safety infrastructure; and
WHEREAS, a Museum budget request was submitted, requesting additional county financial
support, falling under the county budget umbrella of cultural services, to be used for public-
facing expenses, including Capital Improvements, Facility Expenses, Programs/Events/Exhibits,
and Public-Facing Operational Expenses; and
WHEREAS, the Board of Commissioners approved a one-time appropriation of $40,000 in the
FY27 Adopted Budget;
NOW, THEREFORE, the County agrees to provide a one-time appropriation of $40,000 to the
Museum from FY27 budgeted funds, subject to the following provisions:
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2
1. PURPOSE. The funds may be used only to support campus infrastructure updates and
operational expenses, pursuant to the attached Appendix 1, that have been or will be paid
by the Museum during its current fiscal year (ending June 30, 2027).
2. REPORTING. The Museum shall send a concise written report to the Person County
Manager not later than August 15, 2027 including but not limited to the expenditure of
county funds, number of patrons served, number of members, fundraising totals, and
progress towards meeting the intent of this Agreement.
3. TERM AND TERMINATION OF AGREEMENT, POTENTIAL RETURN OF FUNDS.
This Agreement is effective immediately upon execution, and will terminate on June 30,
2027, unless terminated sooner by mutual agreement in writing. If the funding is used for
purposes not contained in the Paragraph 1 above, the Museum agrees to repay the
provided funding to the County in full.
4. INSURANCE AND INDEMNITY. The Museum will maintain adequate liability,
workers compensation and property insurance, and will provide certificates of insurance
to the County if requested. The Museum agrees that it is acting as an independent
contractor under this Agreement, and that its employees and contractors are not County
employees. The Museum agrees that the County has no ownership interest in or
operational responsibility for the Museum. The Museum will indemnify and hold
harmless the County from any and all liabilities and costs arising out of the acts or
omissions or negligence of the Museum to the extent, and only to the extent, of the one-
time appropriation identified above.
5. INSPECTION OF FINANCIAL RECORDS. The Museum will allow access to its
financial records if requested by the County, or the Museum will provide a report on
payments made pursuant to this Agreement according to the format and level of detail
specified by the County within 30 days following the execution of this Agreement.
6. COMPLIANCE WITH LAWS. The Museum agrees to comply with all applicable state
and federal laws in its operations and to cooperate in a professional and productive
manner with the partner agencies listed above.
7. NO ASSIGNMENT. The Museum agrees that this Agreement is not transferable or
assignable, and that the appropriated funds may not be transferred to other entities, except
for payments in accordance with sec. 1 above, without written consent of the County.
8. APPLICABLE LAW AND FORUM. This Agreement shall be construed under North
Carolina law, and any action to enforce its provisions shall be filed in Person County in
the General Court of Justice of North Carolina.
9. ENTIRE AGREEMENT. The Agreement constitutes the entire understanding of the
parties. Any modification, amendment or rescission of this Agreement must be in writing
signed by both parties.
68
3
PERSON COUNTY:
_______________________________________
Kyle Puryear Date
Chair, Board of Commissioners (SEAL)
Attest:
__________________________________
Michele Solomon, Clerk to the Board
This instrument has been pre-audited in the manner required by the Local Government
Budget and Fiscal Control Act.
______________________________________
Tracy Clayton, Chief Financial Officer Date
Approved as to legal form: _________________________________________
T.C. Morphis, Jr., County Attorney Date
Person Count Museum of History
_______________________________________
Carrie Currie, Executive Director Date
Attestation and Seal if applicable:
____________________________________
69
AGENDA ABSTRACT
August 3, 2026
Tar River Land Conservancy Funding Request for the “Dykes Tract” Purchase
Tar River Land Conservancy (TRLC) is requesting Person County’s participation in the
acquisition of the Dykes Tract, a property in the Mt. Tirzah community known for its heritage,
environmental value, and agricultural character. Preserving this land will enhance watershed
quality and provide stormwater credit benefits for Person County and neighboring
jurisdictions.
The Dykes Tract consists of 166 acres along several tributaries of Deep Creek on Helena-
Moriah Road. The property is primarily forested, with approximately 17 acres of pasture, 1.5
acres of farm ponds, and 1.5 acres of open areas surrounding the ponds and two barns. The
tract was appraised for TRLC at $1,744,000, and the landowner has generously agreed to sell
it below market value for $1,115,000.
The City of Raleigh ($850,400) and the City of Durham ($350,000) will contribute funds
through their watershed protection programs. TRLC has also received a $25,000 donation
from private donors. To complete the acquisition, TRLC is requesting a $50,000 contribution
from Person County.
This project provides stormwater credits that support Person County’s compliance obligations.
In the future, TRLC plans to convert the Dykes Tract into a nature preserve with natural
surface trails, creating new opportunities for nature-based recreation for local residents and
Financial Impact:
Recommended Action:
Submitted By:
70
This instrument was prepared by:
Amy R. Edge, a licensed NC attorney
Tar River Land Conservancy
P.O. Box 1161
Louisburg, NC 27549
Return after recording to:
T.C. Morphis, Jr.
The Brough Law Firm, PLLC
1526 E. Franklin St, Suite 200
Chapel Hill, NC 27514
NORTH CAROLINA Tax Map & Parcel No. A99-24
PERSON COUNTY and A98-95
DEED OF CONSERVATION EASEMENT
This Deed of Conservation Easement (the “Conservation Easement”) is made this the ____
day of ________, 2026, by and among Tar River Land Conservancy, whose address is P.O. Box
1161, Louisburg, NC 27549 (the “Grantor”), and Person County, whose address is 304 Morgan
Street, Roxboro, North Carolina 27573 (the “Grantee”). Each Party is referred to herein separately
as a “Party” or together, the “Parties”.
The designation Grantor and Grantee as used herein shall include said Parties, their heirs,
successors and assigns, and shall include singular, plural, masculine, feminine or neutral pronouns
as required by context.
RECITALS:
A. Grantor is the sole owner in fee simple of that certain tract of land consisting of
_______ acres, and is more particularly described on Exhibit A attached hereto and incorporated
herein, together with improvements thereon as more particularly described herein or in the BDR
as defined herein (collectively, the “Property”). Grantor has agreed and desires to set aside and
convey to Grantee a conservation easement in and affecting the Property. The Property is more
fully depicted on that plat of survey recorded in Plat Cabinet _____, Page _____, Person County
Registry (the “Survey”).
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B. Grantee is a governmental unit and political subdivision of the State of North
Carolina and as such is a “qualified organization” and eligible donee within the meaning of Section
170(h)(3) of the Internal Revenue Code and regulations promulgated thereunder, is authorized by
the laws of the State of North Carolina to accept, hold and administer interests in and including
conservation easements, and is willing to accept this Conservation Easement under the terms and
conditions hereinafter described.
C. It is the purpose of the Conservation Easement to protect the open space, forest,
wildlife habitat, riparian buffer, wetland, and water quality values (collectively, the “Conservation
Values”), including its undeveloped natural area and its “relatively natural habitat for fish, wildlife,
or plants or similar ecosystem” as that phrase is used in Section 170(h)(4)(A)(ii) of the Internal
Revenue Code, and its scenic open space, the development of which would impair the natural,
scenic, historic, rural and open space character of the Property and its surrounding area. Moreover,
the Property has significant acreage in the Falls Lake Watershed and contributes to the requirement
by the State of North Carolina of a basin-wide management plan for the Neuse River for the
purpose of protecting water quality, public water supply, significant wetlands and natural areas
within that watershed.
D. The characteristics and specific Conservation Values of the Property, and its current
use and state of improvement, are described in a report entitled “Dykes Tract – Baseline
Documentation Report”, prepared by Grantor with the cooperation of Grantee and acknowledged
by the Parties to be accurate as of the date of this Conservation Easement (the “BDR”). A copy
of the BDR will remain on file in the office of the Grantor and will be used to assure that the terms
and conditions of the Conservation Easement are fulfilled and that any future changes in the use
of the Property will be consistent therewith; provided, however, that the BDR is not intended to
preclude the use of other evidence (including, without limitation, surveys and appraisals) to
establish the present condition of the Property should a controversy arise over its use or state of
improvement. The Parties agree that the current uses of and improvements to the Property are
consistent with the conservation purposes of this Conservation Easement.
E. The conservation purposes of this Conservation Easement are recognized by, and
the grant of the Conservation Easement will yield significant public benefits and serve, the
following clearly delineated governmental conservation policies:
(1) The North Carolina Conservation and Historic Preservation Agreements
Act, North Carolina General Statute (“N.C. Gen. Stat.’) § 121-34 et seq., which provides
for the enforceability of restrictions, easements, covenants or conditions “appropriate to
retaining land or water areas predominantly in their natural, scenic or open condition or in
agricultural, horticultural, farming, or forest use;”
(2) The Soil and Water Conservation Districts Law, N.C. Gen. Stat. § 139-2 et
seq., which declares “that the farm, forest and grazing lands of the State of North Carolina
are among the basic assets of the State and the preservation of these lands is necessary to
protect and promote the health, safety and general welfare of its people….It is hereby
declared to be the policy of the legislature to provide for the conservation of the soil and
soil resources of this State…;”
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(3) N.C. Gen. Stat. §106-583 et seq., which states, “It is declared to be the
policy of the State of North Carolina to promote the efficient production and utilization of
the products of the soil as essential to the health and welfare of our people and to promote
a sound and prosperous agricultural and rural life as indispensable to the maintenance of
maximum prosperity;”
(4) The Food Security Act of 1985, as amended, which authorizes the
Agricultural Conservation Easement Program, administered through the United States
Department of Agriculture, Natural Resources Conservation Service, for the purpose of
protecting “the agricultural use and future viability, and related conservation values, of
eligible land by limiting nonagricultural uses of that land that negatively affect the
agricultural uses and conservation values”;
(5) Article 14 Section 5 of the North Carolina State Constitution which states
“It shall be the policy of this State to conserve and protect its lands and waters for the
benefit of all its citizenry, and to this end it shall be a proper function of the State of North
Carolina and its political subdivisions to acquire and preserve park, recreational, and scenic
areas, to control and limit the pollution of our air and water, to control excessive noise, and
in every other appropriate way to preserve as a part of the common heritage of this State
its forests, wetlands, estuaries, beaches, historical sites, open lands, and places of beauty;”
(6) The special use assessment of farm and forest lands set forth in N.C. Gen
Stat. § 105-277.2 et seq. and of historic properties set forth in N.C. Gen. Stat. § 105-278;
(7) The North Carolina Land and Water Fund, N.C. Gen. Stat. § 143B-135.230
et seq., which recognizes the importance of land conservation and protection and farmland
and open space preservation, and to protect and conserve surface waters, including drinking
supplies, and to contribute towards a network of riparian buffers and greenways for
environmental, educational, and recreational benefits; and
(8) City of Raleigh’s Watershed Protection Program, previously referred to as
Upper Neuse Clean Water Initiative (UNCWI), created to protect water quality within our
drinking water supply watersheds.
F. Grantor and Grantee have the common purpose of conserving the above-described
Conservation Values of the Property in perpetuity, and the State of North Carolina has authorized
the creation of Conservation Easements pursuant to the terms of the North Carolina Conservation
and Historic Preservation Agreements Act, N.C. Gen. Stat. § 121-34 et seq. Grantor and Grantee
wish to avail themselves of the provisions of the foregoing law.
G. Grantor and Grantee acknowledge that this Conservation Easement is an integral
part of written agreements related to the acquisition of the Property, namely the “Watershed
Protection Funding Agreement” between Grantor and the City of Raleigh (“Raleigh”) with an
effective date of _________________, 2026, said agreement being assigned the Raleigh Contract
Number ________.
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NOW, THEREFORE, Grantor, for and in consideration of the facts recited above and of
the mutual covenants, terms, conditions and restrictions contained herein and as an absolute and
unconditional gift, hereby gives, grants and conveys unto Grantee, its successors and assigns,
forever and in perpetuity for the benefit of the people of North Carolina, a Conservation Easement
of the nature and character and to the extent as hereinafter set over the Property, together with the
right to preserve and protect the Conservation Values thereof and the right of access to the Property
for the purposes granted herein.
1. PURPOSE
The purposes of this Conservation Easement are: (1) to assure, subject to the reservations
herein set out, that the Property will be retained forever predominantly in its natural, scenic, rural,
forested, agricultural, and open space condition; (2) to protect and maintain high quality water
resources (including the waters of the Neuse River Basin), agricultural soils, native plants, animals,
and plant communities on the Property, while allowing traditional uses on the Property that are
compatible with and not destructive of the Conservation Values of the Property such as (i) timber
harvesting, (ii) grazing, (iii) agriculture, (iv) hunting, fishing, hiking, cycling, nature and historic
tours and other similar low-impact recreational use; and (3) to prevent any use of the Property that
will significantly impair or interfere with the Conservation Values or interests of the Property.
Grantor will not perform, nor knowingly allow others to perform, any act on or affecting
the Property that is inconsistent with the purposes of this Conservation Easement. All rights
reserved by Grantor are considered to be consistent with the conservation purposes of this
Conservation Easement and require no notification to or approval by Grantee unless expressly
provided for hereunder. However, unless otherwise specified below, nothing in this Conservation
Easement shall require Grantee to take any action to restore the condition of the Property after any
act of God or other event over which Grantor had no control. Grantor understands that nothing in
this Conservation Easement relieves them of any obligation or restriction on the use of the Property
imposed by law.
2. PROPERTY USES
Grantor reserves to itself, its personal representatives, heirs, successors and assigns, all
rights accruing from its ownership of the Property, including the right to engage in, or permit or
invite others to engage in, all uses of the Property that are not expressly prohibited herein and are
not inconsistent with this Conservation Easement. Any activity on, or use of, the Property
inconsistent with the purposes of this Conservation Easement is prohibited. The Property shall be
maintained in its natural, scenic and open condition and restricted from any development that
would significantly impair or interfere with the Conservation Values of the Property. Without
limiting the generality of the foregoing, the following is a list of activities and uses which are
expressly prohibited or which are expressly allowed.
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(A) Forest Management
Subject to the terms set forth in Section 2(E) below, harvesting of timber, cutting
or destruction of trees or other plants, may be allowed with the prior written approval of
the Grantee and in accordance with a Forest Management Plan or Harvest Plan as set forth
below. Tree or vegetation cutting may be permitted without approval of the Grantee and
without a Forest Management Plan to maintain existing trail and road access, cutting for
firewood and for the maintenance of fences. Forest management is permitted to generate
occasional income from harvest and sale of forest products and to maintain the general
health of the forest ecosystem, provided that all timber harvesting shall be conducted: (1)
consistent with the water quality restrictions described in Section 2(E) and outside the
Water Quality Buffer Zone as defined in Section 2(E); (2) on a sustainable yield basis; and
(3) in accordance with a written Forest Management Plan and Best Management Practices
described below.
All forest management activities must be in accordance with a written Forest
Management Plan that is prepared by a N.C. registered forester and that is approved by the
Grantee at least thirty (30) days prior to any active forestry management or commercial
silviculture. The Forest Management Plan must be updated and re-approved by Grantee at
least every ten (10) years so long as Grantor wishes to continue to actively manage the
forest or harvest forest products. If no forest management activity is intended, a forest
management plan is not required, but there shall be no active forest management without
an approved Forest Management Plan.
There shall be no active timber harvest without an approved Harvest Plan. A
Harvest Plan prepared by a N.C. registered forester must be submitted to the Grantee for
its approval at least thirty (30) days prior to any commercial harvest of timber. No
commercial silvicultural activity may occur until the Forest Management Plan and a more
specific Harvest Plan have been approved in writing by the Grantee.
All forest management and harvest activities shall be conducted in accordance with
North Carolina Division of Forest Resources’ Best Management Practices guidelines for
timber harvest and management as the same may be promulgated by law or regulation in
the State of North Carolina and as adopted by the North Carolina organization of
professional foresters, and amended from time-to-time.
(B) Agricultural and Horticultural Use
Subject to the terms set forth in Section 2(E), agricultural use, horticultural use,
and grazing of the Property are permitted provided that all such uses are conducted in a
manner not inconsistent with the purposes of this Conservation Easement and provided
further that:
(i) Livestock are permitted, but under no circumstances shall there be such use of
a size or scope as to constitute an industrial or factory-type agricultural or livestock
operation, intensive livestock operations, or animal husbandry, any of which may be
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characterized by the continuous confinement of livestock in tightly confined environments
for the purposes of raising, feeding, and fattening for market; nor shall any slaughtering
facilities be allowed;
(ii) All farming operations shall be in accordance with Best Management Practices
of the State of North Carolina and applicable federal, state, and local laws under a
“Conservation Plan” a copy of which shall be provided to Grantee. The Conservation Plan
shall be developed using the standards and specifications of the Natural Resource
Conservation Service (NRCS) Field Office Technical Guide and 7 CFR Part 12 or
equivalent standards developed by the appropriate federal, state or local conservation entity
if these standards are no longer the standards used by the industry. The Grantor may
develop and implement a Conservation Plan that proposes a higher level of conservation
and that is consistent with the NRCS Field Office Technical Guide standards and
specifications or other such standards and specifications as developed by the appropriate
governmental authority. The Conservation Plan shall be designed to ensure the
maintenance of a good quality mix of introduced and native grasses and forbs, while
managing pests and nutrients on pasture land, and protecting soil stability, water quality
and other conservation values of the Property on all agricultural lands. If no farming
operations are intended, a Conservation Plan is not required, but there shall be no farming
operations without a Conservation Plan. The Conservation Plan shall be reviewed and
updated every five (5) years so long as Grantor wishes to actively conduct farming
operations;
(iii) Grantor must notify Grantee of any change in agricultural use of, or activity
on, the Property if such change is not consistent with the Conservation Plan as it exists on
the date of the change. Any change requiring notice to Grantee under this subsection shall
be subject to the approval of Grantee, which approval shall not be unreasonably withheld.
Any change requiring such approval requires updating of the Conservation Plan; and
(iv) No agricultural activities, whether now existing or commenced in the future,
shall be conducted in any manner that will in the opinion of the Grantee: (a) adversely
impact the water quality of any creek, river, stream, wetland or other water resource; (b)
harm any threatened or endangered species; (c) destroy any “significant conservation
interest” as that phrase is used in Treas. Reg. Section 1.170A-14(e)(2); or (d) otherwise
conflict with the conservation purposes of this Conservation Easement.
(C) Recreational Use
Subject to the terms set forth in Section 2(E), Grantor shall have the right to engage
in and permit others, whether or not for consideration, to engage in “Non-intensive Outdoor
Recreation” on the Property. “Non-intensive Outdoor Recreation” is defined as dispersed,
non-commercial and non-motorized recreational activities that do not generally rely on
buildings and have minimal impact on renewable natural resources. Such activities include
but are not limited to, hiking, bird watching, camping, picnicking, horseback riding, and
lawful hunting and fishing. Gardening and other activities customary in rural homesteads
are also permitted. Grantor may lease or license any portion of the Property for such Non-
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intensive Outdoor Recreation purposes, subject to the terms, conditions, and limitations on
use in accordance with this Conservation Easement. Grantor reserves the right to
promulgate and enforce reasonable rules and regulations for all activities incident to
recreational use of the Property, including but not limited to the right to prohibit any
recreational use that would permit severe damage to or destruction of other significant
Conservation Values of the Property. All hunting and fishing activities shall be conducted
in such a manner so as to not harm any threatened or endangered species. No hunting,
fishing, wildlife enhancement or other non-commercial recreational activity shall be
conducted in any manner that would permit the "destruction of [any] significant
conservation interest" as that phrase is used in Treas. Reg. Section 1.170A-14(e)(2) or
otherwise conflict with the conservation purposes of this Conservation Easement.
(D) Construction of Buildings and Other Structures and Improvements
The construction, replacement or reconstruction of any building or other structure
is prohibited except in accordance with this Section 2(D). It is the intent of this Section and
Section 2(M) below that no buildings, improvements or other structures (except minor
structures as provided in subsection (ii) of this Section 2(D) and fences as provided in
subsection (iii) of this Section 2(D)) are permitted to be constructed, replaced, or
reconstructed on the Property unless they comply with the impervious surface limitations
set forth in this paragraph. All new construction and improvements permitted under this
Section 2(D) shall be sited so as to cause the least disturbance to the Property's
Conservation Values and shall conform to the water quality restrictions described in
Section 2(E).
Notwithstanding any other term contained in this Conservation Easement, the total
impervious surfaces within the Property shall not exceed one and one-half percent (1½%)
of the total acreage of the Property, provided that the impervious surface area that may
exist within the Greenway expressly permitted in Section 2(F) below shall not be included
as impervious surface for purposes of the foregoing calculation.
For purposes of this Conservation Easement, the term “impervious surface” shall
include: roof tops; asphalt surfaces; concrete surfaces; brick surfaces; stone surfaces; patios
or decks (not including wood slatted decks or pervious pavers or patio system); retaining
walls; and all other surfaces that fully restrict the percolation of water into the soil. The
term “impervious surface” shall not include compacted dirt or gravel surfaces or other
surfaces that do not fully restrict the percolation of water into the soil.
Subject to the foregoing:
(i) Buildings, Major Structures, and Improvements -- The Grantor reserves the
right to construct, maintain, repair, enlarge, renovate, and rebuild buildings, barns, sheds,
garages, carports, passive recreational support structures, pergolas, yurts, parking lots, and
other similar buildings, structures, and improvements. The foregoing shall include
structures and improvements to be used exclusively for agricultural, educational or forestry
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purposes, including processing or sale of farm products predominantly grown or raised on
the Property.
(ii) Minor Structures -- Grantor reserves the right to install minor, small-scale
structures (such as benches, picnic tables, footbridges, hunting stands, bird houses and
other minor, small-scale structures that are not typically included within the definition of
“impervious surface”) to enhance the opportunity for traditional “non-intensive outdoor
recreation” as defined in Section 2(C), and as necessary for the management of such
recreation not detrimental to the Conservation Values of the Property including but not
limited to trail construction, maintenance and improvements, and lawful hunting and
fishing.
(iii) Fences -- Existing fences may be repaired and replaced, and new perimeter
fences may be built, for purposes of reasonable and customary management of livestock
and wildlife and to mark property boundaries, without the permission of Grantee. Fences
for the purpose of protecting any ponds, permanent or intermittent watercourses on the
Property are also permitted.
(iv) Utilities Services and Septic Systems -- Installation, maintenance, repair,
replacement, removal and relocation of water wells, electric, gas, and water facilities,
sewer lines and/or other public or private utilities, including telephone or other
communication services over or under the Property for the purpose of providing electrical,
gas, water, sewer, or other utilities to serve structures or improvements located on the
Property as permitted herein, and the right to grant easements over and under the Property
for such purposes, is permitted. Provided, however, that all reasonable efforts shall be made
to locate such utilities (i) consistent with the water quality restrictions described in Section
2(E), (ii) if possible, within fifty (50) feet of the roads permitted hereinbelow, and (iii) in
all events in such a manner and location as is reasonably possible to minimize the impact
on the Conservation Values as set forth in this Conservation Easement. In no event shall
cellular or other communication towers be allowed on the Property. The construction of
any other utilities on the Property is prohibited without prior approval of Grantee and
Raleigh, which approval shall take into account the impact of the new utility on the
aesthetic quality of the Property, water quality and other environmental issues, the value
of the Property as an open space, any endangered or threatened species on the Property and
such other considerations as Grantee shall deem just and proper in order to ensure that any
new utilities do not permit the destruction of any “significant conservation interest” as that
phrase is used in Treas. Reg. Section l.170A-14(e)(2) or otherwise undermine the
conservation purposes of this Conservation Easement.
(v) Notice to Grantee and Raleigh -- Grantor is prohibited from proceeding with
any site preparation, construction, substantial exterior alteration, replacement, relocation,
or removal of any structure described herein, without prior written approval from the
Grantee and Raleigh. In requesting any such prior written approval, Grantor must notify
Grantee and Raleigh in writing in accordance with the provisions of Section 8, including
at a minimum, sufficient information to enable Grantee and Raleigh to determine whether
the proposed plans are consistent with the terms of this Conservation Easement. Grantor
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shall provide Grantee and Raleigh with any additional information requested by Grantee
and Raleigh that is necessary or proper in Grantee’s and Raleigh’s evaluation of Grantor’s
proposed site preparation, construction, substantial exterior alteration, replacement,
relocation, or removal of any structure described herein. In determining whether to approve
Grantor’s proposed site preparation, construction, substantial exterior alteration,
replacement, relocation, or removal of any structure described herein, Grantee and Raleigh
shall take into account the impact of such site preparation, construction, substantial exterior
alteration, replacement, relocation, or removal of any structure described herein on: (a) the
aesthetic value of the Property; (b) the value of the Property as an open space (including
the impact of access roads or related traffic associated with any new improvements located
on the Property); (c) the Property and surrounding area’s environment, including but not
limited to air and water quality issues; (d) any threatened or endangered species located in
or near the Property; and (e) such other considerations as the Grantee and Raleigh shall
deem proper in order to preserve the Conservation Values of the Property. Under no
circumstances shall Grantee and Raleigh approve any site preparation, construction,
substantial exterior alteration, replacement, relocation, or removal of any structure
described herein that permits the destruction of any “significant conservation interest” as
that phrase is used in Treas. Reg. Section l.170A-14(e)(2) or otherwise conflict with the
conservation purposes of this Conservation Easement. Notwithstanding the foregoing,
Grantor reserves the right to remove buildings located on the Property without approval
from Grantee or Raleigh; provided the Grantor shall notify Grantee and Raleigh in writing
in accordance with the provisions of Section 8.
(E) Water Quality and Drainage Patterns
Activities that could alter the natural water level or flow in or over the Property are
prohibited; provided that the foregoing is not intended to prohibit the construction of
buildings or other structures and improvements otherwise allowed pursuant to Section
2(D), the roads permitted pursuant to Section 2(F), or the forest management and harvest
activities allowed pursuant to Section 2(A). There shall be no pollution of surface water,
natural water courses, lakes, ponds, marshes, subsurface water or any other water bodies,
nor shall activities be conducted on the property that would be detrimental to water purity.
Diking, draining, filling or removal of wetlands is prohibited. There shall be no buildings
or other structures, including those allowed under Section 2(D) above, constructed within
one hundred (100) feet of any surface waters (“Water Quality Buffer Zone”); in no event
shall impervious surfaces be permitted within the Water Quality Buffer Zone, except in
connection with the Greenway expressly permitted in Section 2(F) below. For purposes
herein, “surface waters” shall be defined as including but not limited to intermittent
streams, perennial streams, lakes, ponds, and seasonal wetlands.
(F) Construction and Maintenance of Roads
Subject to Section 2(E) above, construction and maintenance of unpaved roads that
may be reasonably necessary and incidental to carrying out the improvements and uses
permitted on the Property by this Conservation Easement are permitted, provided that such
roads are no wider than fourteen (14) feet in width.
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No portion of the Property shall be paved or otherwise covered with concrete,
asphalt, or any other impervious paving material without the advance written permission
of the Grantee and except as otherwise in compliance with Section 2(D) above, including
but not limited to the impervious surface limitation. In all events, construction of roads,
trail, and paths on the Property must be pervious, except in connection with the Greenway
expressly permitted below. In determining whether to grant permission as provided in this
Section, Grantee shall take into account the impact of the new road on the aesthetic quality
of the Property, water quality and other environmental issues, the value of the Property as
an open space, any endangered or threatened species on the Property and such other
considerations as Grantee shall deem just and proper in order to ensure that any new road
and/or utilities do not permit the destruction of any “significant conservation interest” as
that phrase is used in Treas. Reg. Section 1.170A-14(e)(2) or otherwise undermine the
conservation purposes of this Conservation Easement.
Notwithstanding any other term contained in this Conservation Easement, one (1)
corridor of protected open space managed for conservation and recreation purposes, also
known as a greenway (“Greenway”) is permitted on the Property, provided that (i) it is part
of a local governmental initiative; (ii) any impervious surface within the Greenway is no
more than ten (10) feet wide; (iii) located a minimum distance of 100 feet from the top of
bank of any surface waters on the Property, except where reasonably necessary to
accommodate reasonable stream crossings; and (iv) in all events, the Greenway shall be
located and the area improved to accommodate the Greenway in such a manner and
location as is reasonably possible to minimize the impact on the Conservation Values as
set forth in this Conservation Easement.
(G) Excavation, Dredging, or Mineral Use
There shall be no filling, excavation, dredging, mining, or drilling which materially
affects the topography of the land or is detrimental in any material way to the flora and
fauna on the Property; no removal of topsoil, sand, gravel, rock, peat, minerals or other
materials, and no change in the topography of the land in any manner except as necessary
to allow the construction of the improvements allowed in Section 2(D) above, the
maintenance of existing roads, hiking and horseback trails and for the purpose of
combating erosion or flooding or for the construction of a farm pond or ponds and other
conservation measures if permitted by and addressed in the Conservation Plan. Any pond
construction shall be subject to the same notice and review requirements set forth in above
Section 2(D)(v).
(H) Signage
No signs or billboards or other advertising displays are allowed on the Property,
except signs whose placement, number and design do not diminish the scenic character of
the Property may be displayed to identify trails and the Conservation Values of the
Property, to identify the name and address of the Property and the names of persons living
on the Property, to give directions, to advertise or regulate permitted uses of the Property
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and prescribe rules and regulations for recreational use of the Property, to advertise the
Property for sale or rent, and to post the Property against trespassers.
(I) No Biocides
Except in accordance with this section and Section 2(E) above, there shall be no
use of pesticides or biocides, including but not limited to insecticides, fungicides,
rodenticides, and herbicides, except as to control invasive species detrimental to the
Conservation Values of the Property. Agricultural and silvicultural use of biocides is
allowed, if prescribed in the Conservation Plan and the Forest Management Plan.
(J) No Dumping or Storage
There shall be no storage or dumping of trash, garbage, abandoned vehicles,
appliances, or machinery, or other unsightly or offensive material, hazardous substance, or
toxic waste on the Property. There shall be no changing of the topography through the
placing of soil or other substance or material such as land fill or dredging spoils, nor shall
activities be conducted on the Property, that could cause erosion or siltation on the
Property. Notwithstanding the foregoing, Grantor is not an insurer of the environmental
condition of the Property to the extent the same may be affected by the actions of others;
nothing herein shall be construed to require any clean up or remediation of contamination
caused by those other than Grantor except to the extent the same may be required
affirmatively by enforcement action of a governmental agency or subdivision having
proper jurisdiction. Grantor shall, insofar as may be reasonable, make a good faith effort
to keep the Property in a clean state, free of unsightly debris, trash and abandoned goods.
(K) Predator Control
Grantor shall have the right to control, destroy, or trap predatory and problem
animals that pose a material threat to forestry, agriculture, drainage, livestock and/or
humans by means and methods approved by Federal, State or Local laws. The method
employed shall be selective and specific to individuals, rather than broadcast, nonselective
techniques.
(L) Commercial Development
Any commercial or industrial use of or activity on the Property, other than those
relating to silvicultural, agriculture and recreation, as permitted herein, is prohibited.
(M) Development Rights
All housing, commercial and industrial development rights that are now or hereafter
allocated to, implied, reserved or inherent in the Property, are terminated and extinguished,
and may not be used on or transmitted to any portion of the Property, as it now or hereafter
may be bound or described, or to any other property.
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(N) Subdivision
The Property shall not be further subdivided or partitioned, or be subject to any
other legal or de facto creation of lots or parcels.
3. ADDITIONAL RIGHTS RETAINED BY GRANTORS
Grantor retains the following rights:
(A) Existing Uses
The right to undertake or continue any activity or use of the Property not prohibited
by this Conservation Easement so long as it does not detract or impair the Conservation
Values of the Property.
(B) Transfer
The right to sell, give, mortgage, lease, or otherwise convey the Property subject to
the terms of this Conservation Easement.
4. GRANTEE’S RIGHTS
To accomplish the purpose of this Conservation Easement, the following rights are granted
to Grantee by this Conservation Easement:
(A) Rights to Protect
Grantee shall have the right to preserve and protect the Conservation Values of the
Property and enforce the terms of this Conservation Easement.
(B) Right of Entry
Grantee, Raleigh, and the employees, representatives, and agents and successors
and assigns of both the Grantee and Raleigh, have the right, after prior written notice to
Grantor, to enter the Property at reasonable times for the purpose of inspecting and
monitoring the Property to determine whether Grantor, its representatives, assigns, heirs
and successors are complying with the covenants and purposes of this Conservation
Easement and to inspect for violations and to enforce the Conservation Easement.
5. RESPONSIBILITIES OF GRANTOR AND GRANTEE NOT AFFECTED
Other than as specified herein, this Conservation Easement is not intended to impose any
legal or other responsibilities on Grantor, or in any way to affect any existing obligation of Grantor
as owner of the Property. Among other things, this shall apply to:
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(A) Taxes and Assessments
Grantor shall be solely responsible for payment of all taxes and assessments levied
against the Property.
(B) Upkeep and Maintenance
Grantor shall be solely responsible for the upkeep and maintenance of the Property,
to the extent it may be required by law. Grantee shall have no obligation for the upkeep or
maintenance of the Property.
6. ACCESS
No right of access by the general public to any portion of the Property is conveyed by this
Conservation Easement. However, the public has the right to view the Property from adjacent
publicly accessible areas such as public roads and waterways. Notwithstanding the above, nothing
herein shall prohibit the construction of a Greenway in accordance with Section 2(F) that may be
accessed by the public, subject to the terms of this Conservation Easement.
7. ENFORCEMENT
Grantee shall have the right to prevent and correct violations of the terms of this
Conservation Easement in accordance with the following terms:
(A) If Grantee determines that Grantor is in violation of the terms of this Conservation
Easement or that a violation is threatened, Grantee shall give written notice to Grantor of
such violation and demand corrective action sufficient to cure the violation and, where the
violation involves injury to the Property resulting from any use or activity inconsistent with
the purposes of this Conservation Easement, to restore the portion of the Property so
injured. If Grantor fails to cure the violation within thirty (30) days after receipt of notice
thereof from Grantee, or if the violation cannot reasonably be cured within said period,
fails to commence to cure such violation within the thirty (30) day period, and thereafter
to diligently prosecute the cure to completion, Grantee may bring an action at law or in
equity to enforce the terms of this Conservation Easement, to enjoin the violation by
temporary and/or permanent injunction, to recover any damages to which it may be entitled
for violation of the terms of this Conservation Easement or injury to any Conservation
Values protected by this Conservation Easement, and to require the restoration of the
Property to the condition that existed prior to any such injury. The failure of Grantee to
discover a violation or to take immediate legal action shall not bar it from doing so at a
later time.
(B) If a dispute arises between the Parties concerning the consistency of any proposed
use or activity with the purpose of this Easement, Grantor agrees not to proceed with the
use or activity pending resolution of the dispute. Either Party shall cause the dispute to be
mediated by request made in writing upon the other. Within thirty (30) days of the receipt
of such a request, the Parties shall select a single mediator to mediate the matter. If the
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Parties are unable to agree on the selection of a single mediator, either or both may request
the Senior Resident Judge of the Superior Court of Person County, without the necessity
of filing an action, to appoint a mediator. The matter shall then be mediated in accordance
with the Rules Implementing Statewide Mediated Settlement Conferences in Superior
Court Civil Actions (MSC Rules) that were first adopted by the Supreme Court in 1991,
pursuant to N.C. Gen. Stat. § 7A-38.1. The Rules provide a framework for expediting
settlement of superior court civil actions. The MSC Rules were last amended on December
11, 2024, with an effective date of January 6, 2025. To the extent the said Rules do not
apply, the Mediator may set the rules, including the time and place for the mediation, and
other such matters, in accordance with the practice that is customary in Person County,
North Carolina. In the event the mediation is unsuccessful, either Party may proceed with
litigation in a court of competent jurisdiction. All costs of said mediation shall be divided
equally between Grantor and Grantee. It is the intent of this paragraph that such litigation
may not be commenced until pre-litigation mediation is attempted by the Parties so long
as Grantor agrees not to proceed with the use or activity pending resolution of the dispute.
(C) Notwithstanding the above, nothing contained in this Conservation Easement shall
be construed to entitle Grantee to bring any action against Grantor for any injury to or
change in the Property resulting from causes beyond Grantor's control, including without
limitation fire, flood, storm, and earth movement, or from any prudent action taken by
Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the
Property resulting from such causes; and nothing in this Conservation Easement shall
require Grantor to take any action to restore the condition of the Property after any act or
event over which Grantor has no control.
(D) Notwithstanding any other provision in this Section, in the event that Grantee
reasonably determines that a violation of the terms of this Conservation Easement occurs
or threatens to occur and that such violation would cause immediate and irreparable injury
for which Grantee would have no adequate remedy at law, Grantee may immediately and
without notice bring an action at law or in equity to enforce the terms of this Conservation
Easement, to enjoin the violation by temporary and/or permanent injunction, to recover
any damages to which it may be entitled for violation of the terms of this Conservation
Easement or injury to any Conservation Values protected by this Conservation Easement,
and to require the restoration of the Property to the condition that existed prior to any such
injury.
8. NOTICE OF INTENTION TO UNDERTAKE CERTAIN PERMITTED ACTIONS
(A) Notices to Grantee
(i) Means of Notice -- Any notices to Grantee required in this Conservation
Easement shall be sent by registered or certified mail, or other courier providing reliable
proof of delivery, to Person County, Attn: County Manager, 304 S. Morgan Street,
Roxboro, NC 27573 or such other person or address as may be hereafter specified by notice
in writing to Grantor. All other communication shall be made by reasonable means under
the circumstances.
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(ii) Consent of Notice -- The purpose of requiring Grantor to notify Grantee and
Raleigh prior to undertaking certain permitted activities, as provided in Sections 2(A),
2(B)(ii), 2(B)(iii), 2(D), 2(E), 2(F), and 2(H) above, is to afford Grantee and Raleigh an
adequate opportunity to monitor the activities in question to ensure that they are designated
and carried out in a manner consistent with the terms and Purposes of this Conservation
Easement. Such notices to Grantee and Raleigh or requests for Grantee and Raleigh
consent, required or contemplated hereunder, must include, at a minimum, sufficient
information, including the nature, scope, design, location, timetable, and any other material
aspect of the proposed activity, in sufficient detail to enable Grantee and Raleigh to
determine whether proposed plans are consistent with the requirements of this
Conservation Easement and the purposes hereof.
(iii) Process of Notice and Approval -- Whenever notice to Grantee and Raleigh is
required, Grantor shall notify Grantee in writing not less than sixty (60) days prior to the
date Grantor intends to undertake the activity in question. The notice shall describe the
activity in sufficient detail to permit Grantee and Raleigh to make an informed judgment
as to its consistency with the requirements and purpose of this Easement. Where Grantee's
and Raleigh's approval is required, Grantee and Raleigh shall grant or withhold its approval
in writing, with an explanation of the reasons in the event approval is withheld, within sixty
(60) days of receipt of Grantor's written request therefore.
(iv) Failure to Respond -- If Grantee and Raleigh approval is required under the
terms of this Conservation Easement prior to the exercise of a reserved right that is the
subject of the notification and request for approval, failure of Grantee and Raleigh to
respond within sixty (60) days shall be deemed to be approval of any activity not
specifically prohibited or not inconsistent with the limitations on such activities in this
Conservation Easement.
(v) Transfer of Ownership -- Grantor further agrees to give written notice to
Grantee and Raleigh of the transfer of any interest in the Property, including but not limited
to any sale, gift, or long-term lease, at least thirty (30) days prior to the date of such transfer.
(B) Notices to Grantor
(i) Means of Notice -- Any notices to Grantor required by this Conservation
Easement shall be sent by registered or certified mail or other courier providing reliable
proof of delivery, to Tar River Land Conservancy, Attn: Executive Director, P.O. Box
1161, Louisburg, NC 27549 (or to 121 N. Main Street, Louisburg, NC 27549 if sent by a
private carrier), or to such other person or address as may be hereafter specified by notice
in writing to Grantor. All other communication shall be made by reasonable means under
the circumstances.
(C) Notices to Raleigh
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(i) Means of Notice -- Any notices to Raleigh required by this Conservation
Easement shall be sent by registered or certified mail or other courier providing reliable
proof of delivery, to City of Raleigh, Attn: Department of Public Utilities, Post Office Box
590, Raleigh, NC 27602 or such other person or address as may be hereafter specified by
notice in writing to Grantor. All other communication shall be made by reasonable means
under the circumstances.
9. TRANSFER OF EASEMENT
The Parties hereto recognize and agree that the benefits of this Conservation Easement are
in gross and assignable; provided, however, that, subject to the terms of Section 24, Grantee’s
interest in this Conservation Easement (a) may only be transferred or assigned to an organization
(i) that is a qualified organization as that term is defined under Section 170(h)(3) of the Internal
Revenue Code, as amended, or any successor section, and the regulations promulgated thereunder
which is organized or operated primarily for one of the conservation purposes specified in Section
170(h)(4)(A) of the Internal Revenue Code and (ii) that is authorized to acquire and hold
conservation easements under the Conservation and Historic Preservation Agreements Act, or any
successor provision thereto, and (b) may not be assigned to a governmental entity without the prior
written consent of Grantor. The Parties further covenant and agree that the terms of the transfer or
the assignment will be such that the transferee or assignee will be required to continue to carry out
in perpetuity the conservation purposes that the contribution was originally intended to advance as
set forth in the recitals above, which recitals are incorporated herein by this reference. Grantee, for
itself and its successors or assigns, hereby covenants and agrees to monitor and observe the
Property in perpetuity for the purposes set forth in this Conservation Easement.
10. TRANSFER OF PROPERTY
Any time the Property itself, or any interest in it, is transferred by the Grantor to any third
Party, the Grantor shall notify the Grantee in writing at least thirty (30) days prior to the transfer
of the Property. In the event of any conveyance of any interest in the Property, Grantor, its
successors and assigns shall identify this Conservation Easement as an exception in any deed or
other instrument of conveyance.
11. AMENDMENT OF EASEMENT
This easement may be amended only with the written consent of the Parties. Any such
amendment shall be consistent with the purposes of this Conservation Easement and shall comply
with Section 170(h) of the Internal Revenue Code, or any regulations promulgated in accordance
with that section. Any such amendment shall also be consistent with the Uniform Conservation
and Historic Preservation Agreement Act, N.C. Gen. Stat. § 121-34 et seq. or any regulations
promulgated pursuant to that law. Grantor, Raleigh and Grantee have no right or power to agree
to any amendment that would affect the enforceability of this Conservation Easement. Any such
amendment or modification must be executed by Grantor, Raleigh, and Grantee and shall be
recorded in the public registry of Person County.
12. TERMINATION OF EASEMENT
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If it is determined that conditions on or surrounding the Property have changed so much
that it is impossible to fulfill the conservation purposes set forth above, a court with jurisdiction
may, at the joint request of both Grantor, Raleigh, and Grantee, terminate this Conservation
Easement.
If condemnation of a part of the Property or of the entire Property by public authority
renders it impossible to fulfill any of these conservation purposes, the Conservation Easement may
be terminated through condemnation proceedings.
At the time of conveyance of the Conservation Easement to Grantee, this Conservation
Easement gives rise to a real property right, immediately vested in Grantee. If the Conservation
Easement or part thereof is terminated and the Property is sold or taken for public use, then the
gross sale proceeds or condemnation award (minus any amount attributed to new improvements
made after the date of the conveyance), shall be distributed as follows: (a) to Raleigh, 44.6%, (b)
to Durham, 18.4%, (c) to Grantee, 2.6%, and (d) to Grantor, 34.4%.
All condemnation related expenses incurred by the Parties shall be paid out of any
recovered proceeds prior to distribution of the net proceeds as described herein.
13. INTERPRETATION
This Conservation Easement shall be interpreted under the laws of North Carolina,
resolving any ambiguities and questions of the validity of specific provisions as to give maximum
effect to its conservation purposes.
14. INDEMNIFICATION
Grantor agrees to indemnify and hold Raleigh and Grantee harmless from any and all costs,
claims or liability, including but not limited to reasonable attorneys' fees arising from any personal
injury, accident, negligence or damage relating to the Property, or any claim thereof, unless due to
the negligence of Raleigh, Grantee or the agents, contractors or employees of either Raleigh or
Grantee, in which case liability shall be apportioned accordingly. Grantor’s indemnification of
Grantee and Raleigh shall be construed broadly to extend to the indemnification of Grantee and
Raleigh for loss, claims or damage suffered by Grantee and Raleigh as a result of the environmental
condition of the Property. Raleigh and Grantee agree to indemnify and hold Grantor harmless from
and against any and all costs, claims or liability, including but not limited to reasonable attorney’s
fees, resulting from Raleigh and Grantee’s exercise of its rights of entry pursuant to this
Conservation Easement, unless due to the negligence of Grantor or its agents, contractors or
employees, in which case liability shall be apportioned accordingly.
15. TITLE
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Grantor covenants and represents that Grantor is the sole owner and is seized of the
Property in fee simple and has good right to grant and convey this Conservation Easement; that
the Property is free and clear of any and all encumbrances, including but not limited to, any
mortgages not subordinated to this Conservation Easement, except easements and rights of way
currently recorded in Person County that do not impair or derogate the Conservation Purposes, and
that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this
Conservation Easement.
16. ENVIRONMENTAL CONCERNS
Grantor warrants, without investigation, that it has no actual knowledge of a release or
threatened release of hazardous substances or wastes on the Property in material violation of
applicable environmental law.
17. SEVERABILITY
Invalidity of any of the covenants, terms or conditions of this Conservation Easement, or
any part thereof, by court order or judgment shall in no way affect the validity of any of the other
provisions hereof which shall remain in full force and effect.
18. PARTIES
Every provision of this Conservation Easement that applies to Grantor, Raleigh, or Grantee
shall also apply to their respective heirs, executors, administrators, assigns, and all other successors
as their interest may appear.
19. MERGER
The Parties agree that the terms of this Conservation Easement shall survive any merger of
the fee and easement interest in the Property.
20. SUBSEQUENT LIENS ON PROPERTY
No provisions of this Conservation Easement should be construed as impairing the ability
of Grantor to use this Property as collateral for subsequent borrowing, providing that any mortgage
or lien arising from such a borrowing is subordinate to this Conservation Easement.
21. ENTIRE AGREEMENT
This instrument sets forth the entire agreement of the Parties with respect to the
Conservation Easement and supersedes all prior discussions, negotiations, understandings or
agreements relating to the Conservation Easement, all of which are merged herein.
22. NO FORFEITURE
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Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any
respect.
23. TERMINATION OF RIGHTS AND OBLIGATIONS
A Party's rights and obligations under this Conservation Easement shall terminate upon the
transfer of the Party's interest in the Conservation Easement or Property to a Party assuming its
obligations hereunder, except that liability for acts or omissions occurring prior to transfer shall
survive transfer, but this Conservation Easement shall not be affected by such transfer, the
transferee having the rights and obligations of the transferring Party.
24. SUCCESSOR LIMITATION
If Grantee shall cease to exist or to be a qualified organization under Section 170(h) of the
Internal Revenue Code, or to be authorized to acquire and hold conservation easements under N.C.
Gen. Stat. § 121-34 et seq., and a prior assignment is not made pursuant to Paragraph 9 above,
then Grantee's rights and obligations under this Conservation Easement shall become immediately
vested in such organization as a court of competent jurisdiction shall direct pursuant to North
Carolina law and with due regard to the requirements for an assignment pursuant to said Paragraph
9.
25. ACCEPTANCE AND EFFECTIVE DATE
As attested by the signature of its authorized representatives affixed hereto, Grantee hereby
accepts without reservation the rights and responsibilities conveyed by this Conservation
Easement. This Conservation Easement is to be effective the date recorded in the Person County
Registry of Deeds.
26. ATTORNEY’S FEES
Should any Party employ an attorney or attorneys to enforce any of the provisions of this
Conservation Easement, or to recover damages for the breach of this Conservation Easement, then
the non-prevailing Party in any final judgment agrees to pay all reasonable costs, charges and
expenses, including attorney's fees, expended or incurred in connection therewith.
TO HAVE AND TO HOLD, this Grant of Conservation Easement and development rights, and
all privileges and rights thereunto, unto Grantee, its successors and assigns forever.
[signature and acknowledgment pages follow]
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GRANTOR:
TAR RIVER LAND CONSERVANCY
a North Carolina nonprofit corporation
BY:_______________________________(SEAL)
Robert L. Covington, Jr., President
ATTESTED TO: [Corporate Seal]
__________________________________
Derek E. Halberg, Assistant Secretary
NORTH CAROLINA
_______________ COUNTY
I, _______________________________, a Notary Public of said County and State, do hereby
certify that Derek E. Halberg, personally known to me, personally appeared before me this day
and acknowledged that he is the Assistant Secretary of the Tar River Land Conservancy, a North
Carolina nonprofit corporation, and that by authority duly given and as an act of the corporation
the foregoing Instrument was voluntarily signed in its name by its President, Robert L. Covington,
Jr., sealed with its corporate seal, and attested by hisself as its Assistant Secretary.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the ________ day
of ______________, 2026.
_____________________________________
_________________________Notary Public
Typed/Printed Name
My commission expires:________________
STAMP/SEAL
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ACCEPTED:
GRANTEE:
PERSON COUNTY, NORTH CAROLINA
BY:_______________________________(SEAL)
Kyle Puryear, Chairman
Person County Board of Commissioners
ATTESTED TO:
___________________________________
Michele Solomon, Clerk
Person County Board of Commissioners
(Corporate Seal)
NORTH CAROLINA
COUNTY OF _________________
I, _____________________________, a Notary Public of the County and State aforesaid,
Michele Solomon, personally appeared before me this day and acknowledged that she is the Clerk
of the Person County Board of Commissioners, and that by authority duly given, the foregoing
instrument was signed in its name by its Chairman of the Person County Board of Commissioners,
sealed with its corporate seal and attested by Michele Solomon as its Clerk. Witness my hand and
official stamp or seal, this ______ day of ______________, 2026.
_____________________________________
_________________________Notary Public
Typed/Printed Name
My commission expires:________________
STAMP/SEAL
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Exhibit A
LEGAL DESCRIPTION OF PROPERTY
PROPERTY OF TAR RIVER LAND CONSERVANCY
MT. TIRZAH TOWNSHIP
PERSON COUNTY, NORTH CAROLINA
That certain tract or parcel of land situate along Helena-Moriah Road, Mt. Tirzah Township,
Person County, North Carolina, and more particularly described as follows:
Being all of that _________-acre parcel of land as shown on that plat of survey by Benjamin L.
Bryan, Professional Land Surveyor, dated _________________, 2026, entitled
“____________________”, filed of record in Plat Cabinet ______, Page ______, Person County
Registry, to which reference is hereby made for a more particular description.
92
RESOLUTION TO CONTRIBUTE FUNDING TO TAR RIVER LAND CONSERVANCY
FOR THE PURCHASE OF THE “DYKES TRACT”
Whereas, Person County has been approached by Tar River Land Conservancy (the
“Conservancy”) regarding participating TRLC’s purchase of property situated on Helena-
Moriah Road in Mt. Tirzah Township, Person County, North Carolina;
Whereas, the property consists of approximately 166 acres and is known as the “Dykes Tract”;
Whereas, the preservation of the Dykes Tract will benefit the Falls Lake Watershed by reducing
and filtering stormwater runoff that flows into several tributaries of Deep Creek;
Whereas, the acquisition of the Dykes Tract will allow the Conservancy to improve and manage the
property for passive recreational access for the benefit of the county’s residents and
visitors;
Whereas, the Conservancy has received funding commitments from the City of Raleigh and City of
Durham’s watershed protection programs to purchase the Dykes Tract and to protect the
property in perpetuity; and
Whereas, the County believes that participation in this purchase will advance its obligations to
protect water quality in the Falls Lake Watershed.
Now therefore, be it resolved that the Person County Board of Commissioners (the “Board”) support the
proposal by Tar River Land Conservancy to participate in the purchase of the Dykes Tract as set forth
below;
Be it further resolved that the Board hereby authorizes the funding commitment of $50,000.00 for the
Conservancy’s purchase of the Dykes Tract to be transferred to the closing attorney upon confirmation by
the County Attorney that all other funding has been obtained and closing of the purchase is scheduled;
and
Be it further resolved that the Person County agrees to accept a conservation easement on the property
to ensure that it remains dedicated to environmental protection in perpetuity, and that the County Attorney
is hereby authorized to negotiate terms of said conservation easement with the Conservancy.
Adopted by vote of the Board of Commissioners of Person County this the 3rd day of August, 2026,
upon motion from Commissioner _____________________ and second by Commissioner
_____________________.
________________________________
ATTEST: Kyle Puryear, Chairman
________________________________
Michele Solomon, Clerk to the Board
93
Funding Request to Person County
Board of Commissioners
Tar River Land Conservancy’s
Acquisition of “Dykes Tract”
Derek Halberg, Executive Director
Michelle Mound, Land Conservation Specialist
Nola Reed Knouse, TRLC Board Member
94
•501c(3) charitable, nonprofit organization
•founded in September 2000
•one of 21 land trusts working in local communities across North Carolina
•serves Person, Granville, Vance, Franklin, Warren, Halifax, Nash & Edgecombe Counties
•headquarters office in Louisburg
•guided by an 10-member Board of Directors
•staffed by 6 employees and many volunteers
•accredited by Land Trust Accreditation Commission since 201395
TRLC’s Land Protection Priorities
Drinking Water
Farms & Forests
Wildlife Habitat
Natural Area &
Rare Species
Public Open Space
& Trails
96
Upper Neuse
River Basin
13%
1%
27%
25%
17%
17%Wake
Franklin
Durham
Orange
Granville
Person
770 sq. miles
6 counties
8 municipalities
6 drinking
water systems
9 water supply
reservoirs
97
Land Protected by TRLC
Total Land Protected Across Eight Counties
24,677 acres & 218 miles of streams
Land Protected in Falls Lake Watershed
(Upper Neuse River Basin)
Granville County = 6,236 acres total
•4,218 acres TRLC-owned
Person County = 299 acres total
•94 acres TRLC-owned
98
Tar River Land Conservancy’s
Public Nature Preserves
Ledge Creek Forest Conservation Area (2017)
Brogden Rd, Stem –5.0 miles of trails
Roberts Chapel Conservation Area (2021)
Roberts Chapel Rd, Butner/Stem –1.5 miles of trails
Horseshoe Road Nature Preserve (2022)
Horseshoe Rd, Creedmoor –3.8 miles of trails
Robertson Creek Nature Preserve (2022)
NC Hwy 56, Creedmoor –1.9 miles of trails
Picture Branch Nature Preserve (2025)
Richmond Run, Butner/Stem –2.6 miles of trails
99
Mount Harmony
Nature Preserve
85 acres acquired in
2024 by TRLC
Mt. Harmony Church Rd
& Rock Fork Branch
$50K Person County
contribution leveraged
$572K from Raleigh,
Durham, and landowners
Conservation Easement held by Person County
public hiking trails to be
built with volunteers
Next Steps: design,
permit, and construct
driveway and parking100
“Mt. Harmony Nature Preserve”
101
Proposed Acquisition:
“Dykes Tract”
Tax Map & Parcel No:
A98 95 & A99 24
166 acres
Mt. Tirzah Township,
Person County
Located on Helena-
Moriah Rd
Owned by the Dykes
family family since
early 2000s
Dr. and Mrs. Dykes
resided in Potluck
Farm Community in
Person County102
Location:
6910 Helena-Moriah Rd
7 miles east of Timberlake
Land Cover:
146 acres forestland
17 acres pasture
1.5 acres ponds
1.5 acres barnyards
Streams:
11,745 ft total streams
tributaries of Deep Creek
Falls Lake Watershed
Other:
trash & debris to remove
two barns to maintain
Dykes Tract:
Summary of
Conditions
103
Dykes Tract –Current Conditions
104
Dykes Tract –Current Conditions
105
DYKES TRACT – PROJECT BUDGET
Project Costs
Property Appraised Value $1,744,000
Land Appraisal $2,400
Phase 1 Environmental Assessment $2,400
Survey & Boundary Signage $34,800
Closing Costs $4,000
Baseline Documentation Report $3,000
Stewardship Endowment Deposit $42,800
Conservation Lands Defense Fund Deposit $6,000
Site Cleanup Costs $65,000
Total $1,904,400 106
DYKES TRACT – PROJECT BUDGET
Project Funding $$$%
Landowner Bargain Sale Donation
(per appraisal prepared for TRLC)$629,000 33.0%
Raleigh Watershed Protection Program $850,400 44.7%
Durham Watershed Protection Program $350,000 18.4%
Private Donors $25,000 1.3%
Person County Board of Commissioners $50,000 2.6%
Total $1,904,400
107
Project honors the rural character and long-history of land stewardship in Person County.
The Dykes Tract project follows the same partnership model used to acquire/protect the Mt. Harmony Tract.
The project offers credits towards Person County’s stormwater obligations.
Person County funds will leverage $1.85M from Durham and Raleigh watershed programs and private donors to preserve land for benefit of county residents.
The Conservation Easement to be held by Person County will ensure that land remains undeveloped in perpetuity.
TRLC plans to create a public nature preserve on the Dykes Tract, building on track record of preserving land in Falls Lake Watershed and opening properties to the community.
DYKES TRACT PROPOSAL – KEY POINTS
108
Adopt resolution to:
a)To contribute $50,000 to Tar River Land
Conservancy towards the purchase of the
Dykes Tract; and
b)To authorize Person County to hold the
Conservation Easement on the property.
DYKES TRACT PROPOSAL –
REQUESTED ACTION BY COUNTY COMMISSIONERS
109
AGENDA ABSTRACT
August 3, 2026
North Carolina Association of County Commissioners (NCACC) Legislative Goal Proposals
Every two years, counties are invited to submit proposals to the NCACC for legislative goals
that the association should seek in the best interest of counties. The NCACC goal-setting
process takes place each even-numbered year and consists of five stages, beginning with the
solicitation of proposals from counties and ending with the adoption of the legislative agenda
at the Legislative Goals Conference. Proposed 2027-2028 legislative goals must be received
by the Association on or before Aug. 14, 2026. The proposals are then sent through steering
committees, a legislative goals committee, and on to the NCACC Board of Directors before
being adopted in November at the Legislative Goals Conference.
During the July 20, 2026, the Board of Commissioners considered the following goals:
•Support legislation promoting teacher and classified school personnel recruitment and
retention, including state funding for increased salaries.
•Seek legislation to repeal NCGS 105-275(45), which mandates that counties must
exclude 80 percent (80%) of the appraised value of a solar energy electric system from
property taxation. If repeal of NCGS 105-275(45) is not feasible, then seek legislation
to require the State of North Carolina to provide funding to any county that is forced to
lose tax revenue due to NCGS 105-275(45) in an amount equal to the lost tax revenue
to said county.
•Seek legislation to provide increased recurring state funding in keeping with
comparable sales for farmland preservation initiatives and additional flexibility to
counties related to farmland preservation.
•Seek legislation expanding state funding to provide essential medical, mental health,
substance use disorder and social services to persons incarcerated in local detention
facilities.
•Seek governmental funding to assist counties that have limited resources with
construction of critical facilities.
•Seek additional revenue sources to meet statewide public school and community
college capital needs, ensure equitable distribution for low wealth and growing
110
accelerate school construction, including allowing previously unawarded projects to
begin while remaining eligible for future grants.
• Support legislation to uphold and reinforce Chapter 160D's framework, affirming that
local governments retain full authority over zoning, subdivision, land-use plan
adoption, conditional zoning, quasi-judicial hearings, extraterritorial jurisdiction, and
related development regulation, while opposing efforts to mandate preemption by the
state (such as minimum density, accessory dwelling unit requirements, or standardized
design standards).
The attached draft letter includes the above goals. The Board may edit or add goals prior to
Financial Impact:
Recommended Action:
Submitted By:
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PERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
304 South Morgan Street, Room 212
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
August 3, 2026
North Carolina Association of County Commissioners
323 West Jones Street, Suite 500
Raleigh, NC 27603
Submitted via online form
To whom it may concern,
On behalf of the Person County Board of Commissioners, I am pleased to submit the
following legislative goals to the NCACC for consideration at the Legislative Goals
Conference. These legislative goals represent the collective wishes of the entire Board, as
agreed upon during the Board of Commissioners regular meeting on August 3, 2026.
1. Support legislation promoting teacher and classified school personnel recruitment
and retention, including state funding for increased salaries.
2. Seek legislation to repeal NCGS 105-275(45), which mandates that counties must
exclude 80 percent (80%) of the appraised value of a solar energy electric system
from property taxation. If repeal of NCGS 105-275(45) is not feasible, then seek
legislation to require the State of North Carolina to provide funding to any county
that is forced to lose tax revenue due to NCGS 105-275(45) in an amount equal to
the lost tax revenue to said county.
3. Seek legislation to provide increased recurring state funding in keeping with
comparable sales for farmland preservation initiatives and additional flexibility to
counties related to farmland preservation.
4. Seek legislation expanding state funding to provide essential medical, mental
health, substance use disorder and social services to persons incarcerated in local
detention facilities.
5. Seek governmental funding to assist counties that have limited resources with
construction of critical facilities.
112
6.Seek additional revenue sources to meet statewide public school and community
college capital needs, ensure equitable distribution for low‑wealth and growing
counties, and revise the Needs‑Based Public School Capital Fund to expand
access and accelerate school construction, including allowing previously
unawarded projects to begin while remaining eligible for future grants.
7. Support legislation to uphold and reinforce Chapter 160D's framework, affirming
that local governments retain full authority over zoning, subdivision, land-use
plan adoption, conditional zoning, quasi‑judicial hearings, extraterritorial
jurisdiction, and related development regulation, while opposing efforts to
mandate preemption by the state (such as minimum density, accessory dwelling
unit requirements, or standardized design standards).
Thank you for your consideration. Please feel free to contact me with any questions you
may have.
Sincerely,
Kyle Puryear,
Chairman, Person County Board of Commissioners
113