042718 Legislative MattersSpecial Meeting — Legislative Matters — April 27, 2018
The Randolph County Board of Commissioners met in a duly advertised special session at the
Randolph County Office Building, 725 McDowell Rd., Asheboro, at 9:00 a.m. to meet with Randolph
County's State Senate and House Representatives to discuss local legislative matters and those
emphasized by the North Carolina Association of County Commissioners. Commissioners Allen,
Frye, Kidd and McDowell were present, as well as, County Manager Hal Johnson, Assistant County
Manager/Finance Officer Will Massie, Associate County Attorney Aimee Scotton, and Clerk to the
Board Amanda Varner. Commissioner Haywood was absent
County Departments in attendance: County Engineer Paxton Arthurs, Tax Department Director
Debra Hill, Public Health Director Susan Hayes, Assistant Public Health Director Tara Aker, and
Social Services Director Beth Duncan.
Legislators present: Senator Jerry Tillman, Representative Pat Hurley, and Representative Allen
McNeill. Senator Rick Gunn had a prior obligation.
Chairman Allen called the meeting to order for the County and welcomed everyone. He stated that
the County wanted to host a formal session to review items affecting counties statewide and some
specific to Randolph County.
NCACC 2018 Short Session Priorities
County Manager Hal Johnson stated that he appreciated the great communication he and the
Commissioners have with our legislators. Mr. Johnson facilitated the discussion starting with the top
five 2018 Short Session priorities established by the NC Association of County Commissioners
(NCACC).
Commissioner Frye stated that he had served on a sub -committee with the NCACC to help narrow
down the hundreds of issues to the five most important and feels that these affect all 100 counties.
Public Education:
• Seek legislation to establish a new state -county partnership to address statewide public
school capital challenges --including but not limited to maintenance, renovation,
construction and debt-- through a dedicated, stable funding stream that is consistent
from county to county and sufficient to meet the school facility needs for all 100
counties. Passage of H866IS542 bonds for school capital and H333 local sales tax
flexibility for education.
Mr. Johnson explained that the Randolph County Board of Commissioners is dealing with more
capital projects at one time than any other time in history.
Commissioner Frye stated that the County will be on a tight budget for the next several years due to
trying to catch up on capital projects it is behind on. He gave the following list of capital projects: a
new middle school in the Archdale -Trinity area; addition and renovations to the Asheboro High
School; other school capital needs; renovations at Northgate Plaza for Board of Elections, Day
Reporting Center and the State's Probation and Parole offices; addition and renovations to the
Detention Center; and a regional agricultural center. The County also spent a lot of money to prepare
a megasite for Randolph County's economic benefit. The Board will consider a bond referendum for
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the November ballot to fund an agricultural center. The recently approved K-12 legislation means
there will be a need for additional classrooms and the County has no money for those.
Chairman Allen explained that the NC School Bond - HB 866/SB542- would invest $1.9
billion to begin addressing these critical needs all across the state. It is estimated that Randolph
County could receive $33,750,458 toward the shortfall of school capital needs. (Randolph
County School system would receive $26 million and Asheboro City Schools would receive $7.5
million.) Commissioner Frye explained the county schools want to build a new middle school for
the Archdale -Trinity district, which now has just one middle school supplying two high schools.
Asheboro has plans to renovate and expand Asheboro High School. Our share of the bond
revenues would go a long way in assisting the schools get caught up on construction, renovation
and maintenance.
Commission Frye stated that it had been 22 years since a statewide bond referendum for schools
had taken place. Alamance County and Moore County were two named that were looking at doing
their own referendum for school capital. Montgomery County has the need for a new high school and
the bids came in around $80 million, $10 million over their budget. He added that school capital
needs are also needed for safety improvements.
Senator Tillman, who filed the bill, said he had talked to boards across the state. He said schools
are an attractant to new residents and they should be safe for the children. He said a statewide bond
referendum would help all counties because all have the same issues. He said the state budget and
debt capacity is in good shape and they would not have to raise taxes to do a statewide school bond.
He said it will not likely be heard in the short session but could be in the long session. Senator
Tillman suggested he plan a face-to-face meeting with Senator Phil Berger, NCACC's Kevin
Leonard, and a County Commissioner to get a commitment to move forward.
Commissioner McDowell said the state could use its clout of the AAA bond rating to get the best
borrowing rate and better than each individual county would. "It makes perfect sense to use it."
Representative McNeill said the education lottery was to take care of school construction but over
the years it has changed. A bill has been passed to restore it but it is a ten-year plan. He said if the bill
for a bond referendum comes to a vote in the house, he will vote for it. Representative Hurley also
indicated support for the statewide referendum. All agreed to speak with leaders in the House and
Senate to put it for a vote in the Legislature.
Senator Tillman said there will be some opposition because some don't like debt and do not think
the state should take on any more.
Chairman Allen said the interest rate and construction costs will continue to rise the longer they
wait.
• Repeal the statutory authority under NC G.S. II5C-431(c) that allows local school
boards to file suit against a county board of commissioners over county appropriations
for education and implement an alternate process such as the one recommended by the
PED report.
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Mr. Johnson said Randolph County has a great working relationship with its school boards and
them with each other so the next topic currently doesn't apply to this county but was one of the
NCACC's priorities. The General Assembly's Program Evaluation Division (PED) has completed a
study and report on the issue. The study recommends limiting school board's ability to sue and
establishes a funding mechanism in the event that the dispute resolution is not successful.
Representative Hurley said she has been involved in a proposed bill to implement PED
recommendations to help resolve disputes between county commissions and school boards
relative to budgeting. On April 9th, the Joint Legislative Program Evaluation Oversight
Committee (JLPEOC) met and Representative Hurley motioned to delay voting on the bill and
the amendment until their May 14th meeting so she could get input from Commissioners and
local school boards. Yesterday, Representative Hurley emailed the Commissioners this bill and
amendments along with some draft wording from those minutes to review and asked for input on
this legislation as soon as they can review.
• Support legislation (H375) providing flexibility to align K-12 and community college
calendars.
Mr. Johnson said families involved would benefit if the systems were allowed to coordinate
their school calendars to best meet their needs. The flexibility would allow for more effective
use of continuing technical education resources, allow high school students to take community
college courses during their normal school day, and improve the efficiencies combining
community college students, early college students, and high school students for instruction.
Chairman Allen said that with programs such as Pathway to Prosperity, "it makes sense to do
that and have a seamless calendar."
Representative McNeill said almost every House Representative filed a local bill to put
pressure on this matter. H375 passed the House but has seen no action in the Senate. H389
established a pilot program authorizing school calendar flexibility in 20 school districts and also
passed in the House and was included in the House budget. Both are eligible for consideration in
the short session.
Representative Hurley said the tourism industry is against this legislation and did a "save our
summer" campaign the last time an effort was made to make this a local matter.
Senator Tillman stated that school calendars should be a local matter and not prepared at the
state level.
General Government:
• Seek legislation, funding, and other efforts to expand digital infrastructure/broadband
capability to the un -served and under -served areas of the state. The passage of
H390IS208 would support the access for residents and businesses through policies and
funding that allow counties to invest in digital infrastructure.
Mr. Johnson said Randolph County was fortunate to have multiple internet providers. Service
was widely available in Randolph County with a few exceptions. Johnson said he had discussed
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the issue with the County Information Technology Director and the need for the bill
(H390/5208) would be to allow the county to lease or rent some of its digital cables to private
providers if in the interest of the county. This would not place local government in competition
with private providers, but would strengthen a public/private partnership for access.
Children are having a hard time completing homework assignments without seeking a public
location with Wi-Fi and are believed to be at a disadvantage when studying, completing
homework, and applying to college. As the shift continues to digital textbooks, this gap will
grow.
Commissioner Frye stated that this is a big issue for other counties, especially in the
mountains, where it is harder to install infrastructure.
Tax and Finance:
• Support efforts to preserve and expand the existing local revenue base of counties, and
oppose efforts to divert to the state fees or taxes currently allocated to the counties to
the state. Oppose efforts to erode existing county revenue streams and authorize local
option revenue sources already given to any other jurisdiction. The passing of H333 or
similar legislation to expand flexibility for counties to use Article 43 and Article 46
sales taxes for educational and general purposes is suggested.
Mr. Johnson said three bills (H437, 5166 and H333) were all aimed at expanding local
revenue flexibility, including using revenue now earmarked for public transit for education,
without raising the overall cap on sales taxes. H333 passed the House and is eligible for short
session in Senate.
Chairman Allen said the County doesn't want to become too dependent on tax revenues. The
megasite needs infrastructure and other things that the County doesn't have the resources to
develop due to all the other capital needs it has right now.
Issues Specific to Randolph County
Mr. Johnson then presented additional issues specific to Randolph County.
Economic Development: Greensboro -Randolph Megasite State support for related Randolph
County infrastructure development.
Mr. Johnson said the ability to provide infrastructure is crucial to what happens at the
megasite.
Chairman Allen said all parties learned a lot from the last client (Toyota -Mazda) that looked at
the property and everyone has been working together to improve the weaknesses. He said the
County "needs a commitment" to develop infrastructure when an advanced manufacturing
company chooses to locate at the megasite. He said he feels that would also bring the supply
businesses.
Senator Tillman said funds have been set aside for development of the megasite. Senator
Tillman said all the partners have worked well together. There is an available site, there is avail -
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able funding, and the County has a "golden egg" that the world now knows about.
Commissioner Kidd reminded Senator Tillman that the state may "help us court the lady, but
we have to live with her. All these people will be moving in" if a major manufacturer comes
here. He said from Randolph County's perspective, it has to plan ahead for all the things going
on behind the scenes. It may have many new residents that may require more schools. The fire
departments may need additional equipment and locations; things the County has no funding left
for at this time.
Representative McNeill commented that infrastructure, quality schools, and the location of
schools and fire departments also lure businesses here.
Environment:
• Expedite NCDOT acceptance of subdivision roads.
• Better coordination between regulatory agencies.
Mr. Johnson said one of the most frequent complaints to the County is the maintenance of
roads. The County does not maintain roads. Once new subdivision roads are built to State
standards and approved by the State, there is a delay for state maintenance until a certain amount
of homes are built on the streets. "Roads can deteriorate in the meantime" and then the NCDOT
will not take it into their maintenance system list. The problem is that the NCDOT needs to
reconsider its procedure of acceptance of state maintenance since the roads were originally built
and approved to NCDOT standards.
Senator Tillman said "we've got to be more responsive." Randolph County has more
unpaved roads than any other county our size and "a lot of roads in bad condition."
Commissioner Frye stated that the majority of the complaint calls he receives are in regards to
roads; something the County doesn't handle.
Representative McNeill said he introduced a bill a couple of years ago that equally distributed
funding to NCDOT divisions.
Health & Human Services:
• Opioid crisis impacts.
Mr. Johnson stated that Randolph County's opioid calls, per capita, are equal to that of the
Charlotte/Mecklenburg County area and all County departments have been affected by the
expense of the opioid crisis.
• State funding for local behavioral health services and facilities.
Mr. Johnson stated that Randolph County doesn't have a facility to house patients with mental
health issues and the County's Detention Center is being used as a holding facility.
Chairman Allen spoke of Sandhills Mental Health's efforts to have a Facility Based Crisis
Center on Walker Avenue open in September. He said renovations are in process and hopes that
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this will give the Detention Center a little relief. He also advocated for leaving the current
service providers and systems as is so they can do what they do best for the region they serve.
Commissioner Frye commented that mental health needs were more readily met when it was part
of a County function.
• Do not support regionalization of County Department of Social Services (DSS).
Mr. Johnson stated that Randolph County is in opposition of regionalizing DSS. Having it
more localized creates more efficiency.
Randolph County Social Services Director Beth Duncan was in attendance and spoke in
regard to the Health and Human Services (HHS) issue of regionalization of County Departments
of Social Services.
She said a section of the Family/Child Protection and Accountability Act (HB630) mandates
that NC DHHS develop a plan for improving services at the local level through more direct
oversight, support and collaboration (including transitioning the state from a county -
administered system to a regionally administered system; recommendations should be final by
end of 2019). The idea is to ensure quality service provision, accountability and transparency of
local agency performance and outcomes. The plan includes performance contracts between local
governments and NC DHHS (for DSS and Child Support Services). The draft contracts were
sent out to counties by DHHS on April 26th. The contracts are due to be signed prior to the start
of the next fiscal year. The State DHHS may mandate the county provide funding to the regional
districts. (The Department of Public Health has some regional district Health Departments, but
the money is not mandated from local governments to fund the regional district Health
Departments). If the rules from the Social Services Commission (on the financial piece) end up
including mandated funding of the regional offices come from the counties, then, the financial
commitment will be significant to local governments.
Representative McNeill commented that the Federal Government investigated the NC Social
Services and everyone failed. He said the regionalization will happen in 2019 unless someone
introduces legislation to stop it. Representative McNeill wanted to go on record that his initial
bill started out as Rylan's Law which required DSS to do two family visits, seven days apart,
before returning a child to the parent in a removal case but it morphed into much more as time
went on.
Again, Commissioner Frye related this to when mental health was regionalized and the
County lost the control to make sure its citizens were taken care of.
Tax & Finance:
• Oppose efforts to erode existing county revenue streams.
• Support local option revenue sources already given to other jurisdictions.
Mr. Johnson explained that all counties should have the same flexibility in local option
revenue sources. Senator Tillman said he'd be happy to introduce a bill and requested the County
send him wording for the bill.
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Agriculture:
• Cooperative Extension support.
• Support incentives to attract agriculture related businesses.
Chairman Allen urged the support of the County's Cooperative Extension and the
construction of an agricultural center that would benefit the county and state. Agriculture
Commissioner Steve Troxler is looking to boost local agriculture processing and Chairman Allen
said this center could be the boost needed.
Conclusion
Senator Tillman thanked the Board for keeping them informed of the needs and said it helps
to have a list of local issues.
Commissioner Kidd said he was thankful and expressed his appreciation for the relationship
the Board has with legislators. He commented that other Commissioners across the state are
amazed that Randolph County Commissioners have immediate contact and can call at any time.
Adjournment
At 10:20 p.m., on motion of Kidd, seconded by Frye, the Board voted unanimously to adjourn.
David Allen, Chairman Darrell Frye
Kenny Kidd
Amanda Varner, Clerk to the Board
Maxton McDowell
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