060319June 3, 2019
The Randolph County Board of Commissioners met in regular session at 6:00 p.m. in the 1909
Randolph County Historic Courthouse Meeting Room, 145 Worth Street, Asheboro, NC.
Commissioners Darrell Frye, David Allen, Maxton McDowell and Hope Haywood were present.
Also present were County Manager Hal Johnson, Finance Officer Will Massie, County Attorney
Ben Morgan, and Clerk to the Board Dana Crisco. Chaplain Dwight Ayers from the Randolph
County Sheriff's Office gave the invocation and everyone recited the Pledge of Allegiance.
Special Recognitions
Mitchell Macon retired May 31st from Public Buildings with 22 years of service. Mr. Macon
was recognized by Robert Cross, Public Buildings Director, after which, Chairman Frye presented
him with an engraved clock on behalf of the Board.
Madeline Coggins was recognized for earning a summer internship at the State level as well as
being the only recipient from Randolph County with this achievement. Chairman Frye presented
her with a Certificate of Recognition.
2019 Governor's Volunteer Service Award Winners -Wade Boger, Connie Elliott, James Gouty,
Ann & Wayne Hutchins, Bob Langston, Margie Stidham, and Gene Woodle were introduced by
Elizabeth Mitchell and Chairman Frye presented each with a Certificate of Recognition.
Consent Agenda
Chairman Frye stated that item O. Appoint Beverly Nelson to the Randolph County Jury
Commission and Lewis Dorsett to the Randolph County Juvenile Crime Prevention Council was
added to the Consent Agenda.
On motion of McDowell, seconded by Kidd, the Board voted unanimously to approve the
consent agenda as amended, as follows:
• approve Board of Commissioners regular meeting minutes of S/6/19;
• reappoint William Neely, Karen Martin, Bob Cleveland, and Lois Bohnsack to the
Randolph County Aging Services Planning Committee;
• reappoint Kim Jefferies to the Randolph County EMS Peer Review Committee;
• reappoint Greg Patton, Edwina Ashworth, David Wall, Lisa Stern, Sarah Lanier, Jody
Terry, Jonathan Sermon, and Wendy Kennon and appoint Andrew (Drew) Weiner to the
Randolph County Juvenile Crime Prevention Council;
• reappoint Misty Rodriguez to the Randolph County Nursing Home Community Advisory
Committee;
• appoint Tina Billings to the Randolph County Adult Care Home Advisory Committee;
• appoint Larry Reid to the RCC Board of Trustees;
• reappoint Tim Greene to the Regional Partnership Workforce Development Board;
• approve the disposition of retired service animal K9 Officer Lizzy;
• elect Chairman Frye as Voting Delegate for NACo Annual Conference in July;
• approve Lease Modification Agreement 92 at Northgate Complex for Dollar General;
• approve Budget Amendment Occupancy Tax Distributions ($100, 000), as follows:
6/3/19
• approve Budget Amendment 2019 Timber Receipts ($814), as follows:
2018-2019 Budget Ordinance
General Fund—Budget Amendment #53
Revenues Increase Decrease
Restricted Intergovernmental $814
Appropriations Increase Decrease
Education $814
approve Budget Amendment Article 46 Sales Tax Collections for RCC Capital Project,
as follows:
2018-2019 Budget Ordinance
General Fund—Budget Amendment #52
Revenues
Increase Decrease
Other Taxes
$100,000
Appropriations
Increase Decrease
Other Economic and Physical $100,000
Development Appropriations
• approve Budget Amendment 2019 Timber Receipts ($814), as follows:
2018-2019 Budget Ordinance
General Fund—Budget Amendment #53
Revenues Increase Decrease
Restricted Intergovernmental $814
Appropriations Increase Decrease
Education $814
approve Budget Amendment Article 46 Sales Tax Collections for RCC Capital Project,
as follows:
• appoint Beverly Nelson to the Randolph County Jury Commission and Lewis Dorsett to the
Randolph County Juvenile Crime Prevention Council.
Public Comment Period
Pursuant to N.C.G.S. § 153A-52.1, Chairman Frye opened the floor for public comment and
closed it after hearing no additional comments.
Jack Lail, 2548 High Meadow Dr., Asheboro, urged the Commissioners to support the funding
request for the Historic Lucks Cannery project. He said he believed "under the leadership of
Mayor David Fernandez and the Seagrove Town Board," this project will be successful as
demonstrated "by their significant monetary and property contributions to the project." Mr. Lail
said, "the addition of the `Historic Lucks Cannery' in Seagrove will serve as an anchor for the
many potteries and a venue for the promotion of the creative arts. I believe it will also serve as an
incubator for many additional ventures and many more visits." He stated, "now we need to develop
the tourist attractions and generate a return on these investments. The `Historic Lucks Cannery'
will be key to that effort."
Charme Blanchard, 1300 Branson Mill Rd., Pleasant Garden, spoke of the petition submitted
last month. She said the community wants the Animal Shelter to be under the management of
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2018-2019 Budget Ordinance
General Fund—Budget Amendment #54
Revenues
Increase Decrease
Sales Tax
$300,000
A ro riations
Increase Decrease
Trans er to RCC Capital
Project $300,000
• appoint Beverly Nelson to the Randolph County Jury Commission and Lewis Dorsett to the
Randolph County Juvenile Crime Prevention Council.
Public Comment Period
Pursuant to N.C.G.S. § 153A-52.1, Chairman Frye opened the floor for public comment and
closed it after hearing no additional comments.
Jack Lail, 2548 High Meadow Dr., Asheboro, urged the Commissioners to support the funding
request for the Historic Lucks Cannery project. He said he believed "under the leadership of
Mayor David Fernandez and the Seagrove Town Board," this project will be successful as
demonstrated "by their significant monetary and property contributions to the project." Mr. Lail
said, "the addition of the `Historic Lucks Cannery' in Seagrove will serve as an anchor for the
many potteries and a venue for the promotion of the creative arts. I believe it will also serve as an
incubator for many additional ventures and many more visits." He stated, "now we need to develop
the tourist attractions and generate a return on these investments. The `Historic Lucks Cannery'
will be key to that effort."
Charme Blanchard, 1300 Branson Mill Rd., Pleasant Garden, spoke of the petition submitted
last month. She said the community wants the Animal Shelter to be under the management of
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Sheriff Seabolt. She asked to be put on the Agenda each month for updates. She spoke of the
Budget and the issue of animals in the County being separate issues. She said rescue groups take
animals that may have been given some services, but the rescue group may then spend more money
on the animal to get it adopted. She stated that most rescue groups use social media to get animals
adopted and do not get paid to do this. She said the community wanted Randolph County to be a
leader and fine people that are in violation of animal laws.
Pamela Vuncannon, 824 Shannon Rd., Asheboro, said the community brought a petition and
offered 65 volunteers to help at the shelter. She said that the Randolph County Animal Shelter had
lost the trust of the citizens. She advocated for compassionate animal care at the Shelter. She said
that law enforcement was tracking animal cruelty cases since many abusers of animals can become
violent offenders. She stated that anti -tethering laws were not being followed in the county and
offenders were not being charged. She said the Shelter did not need a break room space but instead
should use that space for the animals. She supports Sheriff Seabolt taking over the shelter and
charging individuals with animal cruelty.
Commissioner Haywood asked Ms. Vuncannon how many of the names on the petition were
those of Randolph County citizens. Ms. Vuncannon stated that most were either from the county
or had some dealings with the shelter at some time or another. Commissioner Haywood stated
that the staff had counted and wanted the record to show that 26% of the names on the petition
were from Randolph County.
Sheriff Greg Seabolt, 727 McDowell Rd., Asheboro, said he was not speaking to discredit any
person or department about the animal shelter. He mentioned two incidents of felony animal
cruelty that were not investigated. He said that many county Animal Shelters were part of the
Sheriff's Office or a stand-alone department. He stated that the Sheriff's Office should be made
responsible for the Animal Shelter.
Chairman Frye asked about a preliminary budget for operating the Shelter. Major Greg
Williams spoke and said they are asking for an additional $300,000.
Commissioner Kidd asked for clarification on the positions. Major Williams said there were
twelve positions and animal control officers would be replaced with sworn officers.
Tammy O'Kelley, 1061 Rockridge Rd., Asheboro, spoke in favor of the Town of Seagrove's
Historic Lucks Cannery project. She said other potters have moved to the Seagrove area for its
reputation as the Pottery Capital of the US. The Town does not currently have a space for the
potters to meet. This project would give them that space as well as house a brewery, coffee shop,
and an expansion of Carolina Bronze Sculpture. This request would be an economic development
project. She said she was proud of the Tourism Development Authority's support for this project
and thanked the Commissioners for their support.
Lindsey Lambert, 310 High Point St., Randleman, spoke in favor of the renovation of the
"Historic Lucks Cannery" as both a life-long resident of Randolph County and the Executive
Director of the North Carolina Pottery Center. He said that visitors should be encouraged to eat,
sleep, and shop in Randolph County. He stated the 32nd Potters Conference will be hosted by the
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Pottery Center going forward. These visitors will stay in Asheboro at local hotels and eat at local
restaurants.
Alexa Modderno, 136 W. Main St., Seagrove, stated she was the President of the Seagrove
Area Potters Association and represented them on the issue of the Cannery renovation. She said
the Association had already donated $30,000 to the cause and they support the renovation. They
have also pledged an additional $15,000. They would use the center for the November Potters
Festival which brings in approximately 3,500 visitors.
Kevin Franklin, 447 Parksfield Trl., Ramseur, spoke in favor of the renovation of the Cannery.
He praised Sapona Plastics for their effort to save this building for productive reuse. He said that
the building being renovated had been part of an economic development project that fell through.
Now with a Board of Directors working with professionals, the dream of renovating this building
could become a reality. He said it will be a place where locals and tourists alike visit. Two
businesses have committed to leases and will be creating jobs. He stated that $300,000 of private
support and $300,000 from the State had already been garnered. He said this is a quality of life
concern that will be enhanced. The center will keep people here or keep them coming back. He
stated he was proud to support the renovation.
David Fernandez, 136 W. Main St., Seagrove, Mayor of Seagrove, said he was so pleased by
the support for the Cannery project of various groups throughout the county. He asked the
Commissioners for their support. He said this project is happening and will not only benefit
Seagrove but all of Randolph County. He closed by mentioning that the old Train Depot was being
moved at 9:00 a.m., June 4th to downtown.
Commissioner Haywood said she reviewed the request of Ms. Blanchard for low cost spay and
neuter, public education on laws and responsible ownership, and Ms. Graves' comment that the
Animal Shelter needed to be more progressive. Ms. Haywood said she agreed with all of those
items. She stated that a lot of time and focus has been taken from Public Health and the Sheriff's
Office on the Animal Shelter. The Sheriff's Office could be the right department to handle this,
but what will happen when there is a change in Sheriff. Will this be an issue every few years? She
mentioned the problems Guilford County had when they used a subcontractor for their shelter and
found that the subcontractor was not running the Shelter properly. Money was taken, opioids had
disappeared, and the Board of Directors was not doing their job. This created mistreatment of
animals as well as improper use of tax payer money. She said that the Commissioners have been
tasked to make the decisions to best take care of animals and humans. She wanted to be sure the
Commissioners decisions would be using tax payer dollars wisely and would take care of the
animals. She said that the decisions would not necessarily be what everyone wanted but would be
a fair compromise. She thanked everyone present for all their efforts and input.
Hubbell Industrial Controls, Inc
Kevin Franklin, EDC Interim President, said that Hubbell Industrial Controls, Inc. is a member
of the Hubbell Industrial Products Group, which is part of Hubbell Incorporated (NYSE: HUBB).
Hubbell Incorporated is an international manufacturer of quality electronic products. Products for
the industrial controls division are manufactured and assembled in North Carolina, Wisconsin, and
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Texas. The Archdale facility produces controls for products such as cranes and fire protection
equipment.
The expansion project in Archdale will result in creation of fourteen new jobs. The average
wage of the new positions will be $52,641. Four of these positions will be highly skilled engineers
who will join the existing engineering team in supporting Hubbell's Industrial Controls Division.
The engineering team will be consolidated into the former medical facility across the street at 4306
Cheyenne Drive which has been vacant for more than three years. With relocation of the
engineering team to the now -vacant facility, an additional product line will be located in the main
facility, resulting in the need to create ten more production positions. In addition to creation of
fourteen new jobs associated with the expansion, Hubbell has committed to retaining the existing
141 positions during the grant period.
Hubbell will enter into a lease agreement with J L Darr & Sons, Inc. to occupy the former
medical facility. The building will require renovations before it can be occupied by Hubbell's
engineering department. Estimated cost for renovations is at least $250,000. Additional investment
in equipment is likely, but the value has not yet been determined.
This project is eligible for a Building Reuse Grant from NC Department of Commerce in the
amount of $125,000 ($8,929 per j ob) to assist with the renovation expenses. The City of Archdale
has approved submission of the application and will administer the grant if awarded. The City of
Archdale requested that Randolph County commit to an equal share of the required $6,250 grant
match. If approved, each unit of government would commit to $3,125.
The application has been submitted and award announcements are scheduled for June 20th.
The EDC believed that the Hubbell building renovation project is a good economic
development project for the City of Archdale, increasing the value of the building and resulting in
the creation of fourteen new quality jobs. A Public Hearing has been scheduled for June 3rd to
consider partnering with the City of Archdale in an equal share of the required 5% grant match of
$6,250 ($3,125 per unit of government).
Chairman Frye opened the Public Hearing at 7:15 p.m. and closed it after hearing no comments.
On motion of Frye, seconded by McDowell, the Board voted unanimously to approve the
Resolution to support the City of Archdale's submission of a Building Reuse Grant Application
and % of the required 5% local match of $6,250 ($3,125 per government unit) for Hubbell
Industrial Contracts, Inc., as follows:
RESOLUTION AUTHORIZING THE COUNTY OF RANDOLPH TO PROVIDE
ONE-HALF OF THE LOCAL MATCH GRANT REQUIREMENT FOR THE
HUBBELL INDUSTRIAL CONTROLS, INC. ECONOMIC DEVELOPMENT
PROJECT
WHEREAS, Section 158-7.1 of the North Carolina General Statutes authorizes a
county to undertake an economic development project by extending assistance to a
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company in order to cause the company to locate or expand its operations within the
county; and
WHEREAS, the North Carolina General Assembly has authorized funds to be used
for stimulating economic development and job creation; and
WHEREAS, Hubbell Industrial Controls, Inc., hereinafter "Hubbell" has stated its
commitment to expand operations and inhabit an existing vacant facility, hereinafter
the "Facility" and to create fourteen (14) new full-time jobs in the City ofArchdale in
Randolph County; and
WHEREAS, the Facility is owned by J. L. Darr and Son, Inc. and will have to be
renovated in order to accommodate the Hubbell expansion; and
WHEREAS, the City ofArchdale has voted to authorize the filing, by the City, of an
application with the North Carolina Department of Commerce for a Building Reuse
Grant on behalf of this economic development project for Hubbell; and
WHEREAS, said Grant requires a 5% local match from the local government
making application; and
WHEREAS, the amount of the Grant that Hubbell is eligible for is one hundred
twenty-five thousand dollars ($125, 000), requiring a local match of six thousand two
hundred fifty dollars ($6.250); and
WHEREAS, the City ofArchdale has requested that Randolph County provide one-
half of the required local match for this project, or three thousand one hundred and
twenty-five dollars ($3,125); and
WHEREAS, the Board of Commissioners of Randolph County has held a public
hearing to consider whether to participate in this project by providing the requested
one-half of the local match of three thousand one hundred and twenty-five dollars
($3,125); and
WHEREAS, upon the completion by Hubbell of this expansion project, JL. Darr and
Son, Inc. will have expended two hundred fifty thousand dollars ($250, 000) to renovate
the facility and Hubbell will have created a minimum of fourteen (14) new full-time
jobs in the County and City; and
WHEREAS, this economic development project will stimulate and stabilize the local
economy, promote business in the County and City, and result in the creation of a
number of jobs in the County and City; and
WHEREAS, the County has in its General Fund available revenues sufficient to fund
this economic development project;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of
Randolph County, this 3rd day of June 2019, as follows:
Section 1. The County is authorized to expend up to three thousand one hundred
and twenty-five dollars ($3,125) of County funds to provide one-half of the
required local match for the Building Reuse Grant applied for on behalf of
Hubbell by the City ofArchdale.
Section 2. Participation by the County in this economic development is expressly
contingent upon the approval of the grant application and local match by the City
of Archdale and upon subsequent grant approval by the North Carolina
Department of Commerce.
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Installment Financing (LOBS) Agreement for Public School Construction (Trinity Middle
School
Will Massie, Finance Officer/Assistant County Manager, gave an update to the Commissioners
of the current debt situation faced by the County. He explained with the current and new debt, the
County will still be within the guidelines of the Local Government Commission for debt service
as a percentage of operating budget in the range of 13.5%. He said debt will be retiring in 2023
and 2028.
Commissioner McDowell commended Mr. Massie for the planning and budgeting to keep debt
low.
Chairman Frye stated that projects had been delayed in order to keep the debt low and to refrain
from increasing taxes.
Next, Aimee Scotton, Associate County Attorney, presented the information being addressed
at the Public Hearing to follow. She said, as discussed last month, there is a need for a new middle
school in the Trinity area. The decision was made by the Board to consider financing the cost of
constructing this school through the issuance of Local Obligation Bonds (LOBS). For the County
to build the school and finance it in this manner, it will be necessary for the County to take
ownership of the school property during the financing since the property will serve as the collateral
for the project. If approved, the property will be leased to the School Board during the financing
and conveyed back to the school board when the financing is complete.
She stated that last month, a Resolution making certain findings was passed authorizing County
staff to file an application for approval of the proposed financing arrangement with the Local
Government Commission and appointing Robinson Bradshaw & Hinson, P.A. as the bond counsel
for this transaction. A Public Hearing was set for June 3rd to consider whether to proceed with the
proposed financing and whether the County should acquire the school property on which the
middle school is proposed to be built.
Chairman Frye stated that acquisition of the property involves no exchange of money.
Commissioner Allen said he spoke with Dr. Gainey and the School Board understands the
process of conveying the property to the County during the financing process.
Chairman Frye mentioned that the land for this school was donated by Bill Aldridge many year
ago.
Chairman Frye opened the Public Hearing at 7:23 p.m. and closed it after hearing no comments.
On motion of Frye, seconded by Allen, the Board voted unanimously to approve the Resolution
1) Authorizing And Approving An Installment Financing Agreement And Authorizing The
Execution And Delivery Of Documents In Connection Therewith And 2) Approving The
Acquisition Of Property To Be Used By The Randolph County Board Of Education, as follows:
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RESOLUTION (1) AUTHORIZING AND APPROVING AN INSTALLMENT
FINANCING AND AUTHORIZING THE EXECUTION AND DELIVERY OF
DOCUMENTS IN CONNECTION THEREWITH AND (2) APPROVING THE
ACQUISITION OF PROPERTY TO BE USED BY THE RANDOLPH COUNTY
BOARD OF EDUCATION
WHEREAS, the Board of Commissioners (the "Board) of the County of Randolph,
North Carolina (the "County') has determined to finance a portion of the cost of
acquiring, constructing, equipping and improving a new middle school (the
"Project');
WHEREAS, to effectuate such plan to finance a portion of the cost of the Project,
the County and Randolph County Public Facilities Corporation, a nonprofit
corporation organized and existing under the laws of the State of North Carolina (the
"Corporation') have been negotiating certain financing documents and arranging for
the negotiated sale of limited obligation bonds payable from certain installment
payments to be made by the County pursuant to an Installment Financing Agreement
(hereinafter defined) to be entered into by and between the County and the
Corporation, pursuant to the authority granted to the County under Section 160A-20
ofthe General Statutes of North Carolina;
WHEREAS, the Board duly conducted a public hearing today regarding (a) an
installment financing contract to finance the construction and other accomplishment
of the Project hereinafter described and (b) the acquisition by the County, for use by
the Randolph County Board of Education, of the real and personal property
constituting the Project;
WHEREAS, there have been available at this meeting, forms of the following:
1. Installment Financing Agreement to be dated as of July 1, 2019 (the
"Installment Financing Agreement') between the County and the Corporation;
2. Deed of Trust and Security Agreement to be dated as ofJuly 1, 2019 (the "Deed
of Trust') from the County to a trustee for the benefit of the Corporation;
3. Trust Agreement to be dated as of July 1, 2019 (the "Trust Agreement')
between the Corporation and U.S. Bank National Association (the "Trustee');
4. Lease to be dated as of July 1, 2019 (the "Lease') between the County and
Randolph County Board of Education;
5. Administrative Agreement dated as of July 1, 2019 (the "Administrative
Agreement') between the County and the Randolph County Board of
Education;
6. A Preliminary Oficial Statement (the "Preliminary Oficial Statement')
relating to Limited Obligation Bonds evidencing proportionate undivided
interests in revenues to be received by the Corporation under the Installment
Financing Agreement (the "Bonds'); and
7. Contract of Purchase (the "Purchase Contract') between Robert W. Baird &
Co., Incorporated (the "Underwriter') and the Corporation, including the
Letter of Representation attached thereto (the "Letter of Representation').
WHEREAS, the Board of Commissioners of the County wants to approve the
Installment Financing Agreement and the sale of the Bonds and to authorize other
actions in connection therewith; and
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NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the
County as follows:
1. The Board hereby approves the sale of the Bonds by the Corporation. The
Bonds shall mature in such amounts at such times and shall bear interest at
such rates as provided in the Trust Agreement; provided, however, that the
aggregate principal amount of the Bonds shall not exceed $37, 000, 000 and the
final maturity of the Bonds shall not extend beyond December 2039. The Bonds
shall be issued in fully registered form in such denominations as set forth in the
Trust Agreement andpayments of principal and interest with respect to the
Bonds shall be made by the Trustee to the registered owners of the Bonds at
such times and in such manner as is set forth in the Trust Agreement.
2. The Bonds shall be subject to prepayment at the times, upon the terms and
conditions, and at the prices set forth in the Trust Agreement.
3. The proceeds of the Bonds shall be applied as provided in the Trust Agreement.
4. Each of the Installment Financing Agreement, the Deed of Trust, the Lease, the
Administrative Agreement and the Letter of Representation, in the form
submitted to this meeting, is hereby approved, and the Chair of the Board, the
County Manager, the Assistant County Manager/Finance Officer, the County
Attorney, the Associate County Attorney and the Clerk to the Board are each
hereby authorized and directed to execute and deliver each of those documents,
on behalf of the County, with such changes, insertions or omissions as each
may approve, the execution thereof by any of them to constitute conclusive
evidence of such approval.
S. Each of the Trust Agreement and the Purchase Contract, in the form submitted
to this meeting, is hereby approved in substantially such form, with such
changes, insertions or omissions as appropriate.
6. Each of the Preliminary Oficial Statement and the final Oficial Statement, in
the form of the Preliminary Oficial Statement submitted to this meeting, is
hereby approved, in substantially such form, with such changes, insertions and
omissions as appropriate, and the use thereof in connection with the public
offering and sale of the Bonds is hereby authorized.
7. The Chair of the Board, the County Manager, the Assistant County
Manager/Finance Officer, the Clerk to the Board, the County Attorney and the
Associate County Attorney are each hereby authorized to take any and all such
further action and to execute and deliver such other documents as may be
necessary or advisable to carry out the intent of this Resolution and to effect
the installment financing pursuant to the Installment Financing Agreement.
Without limiting the generality of the foregoing, the Assistant County
Manager/Finance Officer or any deputy finance director is authorized to
approve all details of the financing, including without limitation, the amount
advanced under the Installment Financing Agreement (which shall not exceed
$37,000,000), the annual principal payments under the Installment Financing
Agreement, the interest rates for the Bonds, the terms of the Installment
Financing Agreement, and the discount below the principal amount of the
Bonds at which the Bonds are sold to the Underwriter or the fee paid to the
Underwriter. Execution of the Installment Financing Agreement by the Chair
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of the Board, the County Manager, the Assistant County Manager/Finance
Officer or any deputy finance director, shall conclusively evidence approval of
all such details of the financing.
8. The Board hereby approves the acquisition of the real and personal property
constituting the Project.
9. All actions of the County effectuating the proposed financing are hereby
approved, ratified and authorized pursuant to and in accordance with the
transaction contemplated by the documents referred to above.
10. This Resolution shall become effective immediately upon its adoption.
On motion of Frye, seconded by Kidd, the Board voted unanimously to approve the Related
Budget Amendment 92 -Randolph County Schools Capital Project ($35,465, 000), as follows:
2018-2019 Budget Ordinance
Randolph County Schools Project—Budget Amendment #2
Revenues
Increase Decrease
Debt Proceeds
$35,000,000
Sales Tax Refunds
265,000
Investment Earnings
200,000
Appropriations
Increase Decrease
Professional Services
$1,215,000
Furniture and Equipment
1,000,000
Construction
31, 925, 000
Issuance Costs
325,000
Contingency
1,000,000
Chairman Frye commented that the conversion of Braxton -Craven School had served the school
system as a middle school for the Trinity area much longer than expected.
Regional Partnership Workforce Development Board (RPWDB)
Krystal Parks, Executive Director of Regional Consolidated Services, gave the FY2017-18
Annual Report. She reported that the RPWDB had exceeded federal DOL performance measures
100% or more for the year. They were the only Board in North Carolina to achieve this. In
Randolph County, a total of 2,013 clients were served. The Randolph County Workforce
Development staff assisted 789 adult and dislocated workers. Out of this total, 565 individuals
(72%) procured employment and recorded net 4th quarter earnings of $4,750,733.
Aging Services Matters
Mark Hensley, Executive Director of the Randolph County Senior Adult Association
(RCSAA), and Duffle Johnson, Vice Chairman of the Aging Services Planning Committee
(ASPC), presented the recommendations of the ASCP for the Home and Community Care Block
Grant for Older Adults (HCCBG). He stated the Committee recommended that RCSAA continue
to be the Lead Agency for July 1, 2019 through June 30, 2022 as designated by Form DAAS-730.
He said the award for services from July 1, 2019 through June 30, 2020 recommended by the
Committee were as follows:
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• RCSAA-Adult Day Care, Congregate Nutrition, Home Delivered Meals,
Information and Options Counseling, and Transportation in the amount of
$566,448.
• Regional Consolidated Services -In -Home Aid — Levels I, II, and III and Housing
and Home Improvement in the amount of $287,465.
On motion of Kidd, seconded by Allen, the Board voted unanimously to 1) accept Randolph
County Senior Adults Association (RCSAA) as the lead agency (Form DAAS-730) for the Home
and Community Care Block Grant (HCCBG) for older adults from July 1, 2019 through June 30,
2022, 2) approve the FY HCCBG Funding Plan (Form DAAS-731), 3) authorize the Chairman to
sign it, and 4) agree to accept additional funding, if available.
On motion of Kidd, seconded by Allen, the Board voted unanimously to accept the
recommendation of the Aging Services Finance Sub -Committee and the Aging Service Planning
Committee to 1) select RCSAA as the provider for Adult Day Care, Congregate Nutrition, Home
Delivered Meals, Information and Options Counseling, and Transportation and 2) select Regional
Consolidated Services as the provider of In Home Aide Services under the HCCBG from July 1,
2019 -June 30, 2020.
Memorandum of Understanding-DHHS/Social Services/Randolph County
Tracie Murphy, Director of Social Services, said Session law 2017-41 requires all counties to
enter into an annual written agreement with the North Carolina Department of Health and Human
Services (DHHS). Fiscal year 18-19 was the first year of the written agreements. She said she
came before the Board in March 2019 to request approval of the amended Memorandum of
Understanding (MOU).
Ms. Murphy stated the original MOU, containing 26 required performance measures, was
amended due to several issues that caused grave concerns for counties. Of most concern were
vague and ambiguous performance measures that held the County responsible for circumstances
beyond their control and an inability to verify the data. The amended MOU presented in March
2019 and the MOU presented today have many of the same improvements.
In summary, for FY 2019-2020 the 26 performance measures remain the same as those approved
by the Board of Commissioners in March 2019. Thirteen of those 26 measures have validated
data. These thirteen measures with validated data are the only measures that will be evaluated as
part of the MOU for FY 2019-2020 and subject to performance improvement or corrective action.
The thirteen measures are either fixed measures, the same for all 100 counties in NC, or growth
measures, different depending on a single county's progress from FY 18-19. The thirteen
performance measures are:
Five child support growth measures, two energy program fixed measures, four food and
nutrition fixed measures and two work first fixed measures.
Chairman Frye said the refusal of the Board to accept the original MOU in FYI 8-19 ended with
positive changes for all the counties. Ms. Murphy agreed that many changes came from those
discussions between Randolph County and DHHS. She said that some of the measures were still
6/3/19
a challenge due to the NC Fast system mandated by the state continually causing problems in DSS
offices throughout the state.
Commissioner McDowell stated that the Social Services Board meeting last month was not
only informative but also entertaining. The staff acted out how they go about doing their jobs. He
said the Board members were impressed. Ms. Murphy said that was all due to her employees.
Chairman Frye commented that jobs in Social Services cause burn -out as reflected in the Social
Services budget. Ms. Murphy said that the employees would actually like to work themselves out
of jobs.
On motion of McDowell, seconded by Haywood, the Board voted unanimously to accept the
Memorandum of Understanding (Fiscal Year 2019-20) between the North Carolina Department
of Health and Human Services and Randolph County, as shown in Attachment following these
minutes.
CCG Range and Training Complex, LLC. Update
Ben Morgan, County Attorney, said the gun range case had not been heard at the last Civil
Session. The next available date was the week of July 15th but he did not know who the judge
would be.
County Manager Update
County Manager Hal Johnson stated that the Randolph County Health Fair would be starting
on Tuesday, June 4th at the RCC Continuing Education Center and said it would be the largest one
yet. The Corporate -Wellness Coalition was invited as well. He reminded the audience of the
Department Head budget presentations on June 6th
Commissioners Updates
Chairman Frye said he had attended the State Board meeting. He stated much of the discussion
was centered on the $15 million cuts in mental health services funding. He compared the Seagrove
Events Center request to the Ag Center project which the Board will not be able to fund for the
upcoming fiscal year. One of the State budget proposals would allow Randolph County to make
a t/4 cent sales tax increase that could be designated for education or another specified project.
Another proposal would give more money for capital funding for schools in Tier II. The Chairman
stated that a large amount of money had been spent for both Randolph County and Asheboro City
School renovations and construction as well as money for renovation of the Detention Center. If
the State approved the changes to the sales tax designations, there would be conversation about
how to best use that money.
Commissioner Allen said that a letter was sent to the Secretary of Health and Human Services
to address the regions of service and the need for stability in Medicaid transformation. He stated
that the Sandhills Board had questions about the effect on Sandhills funding from Medicaid in
years to come while dealing with private companies that may not be as transparent as the local
government.
6/3/19
Commissioner Kidd said in light of the public comments for change at the animal shelter, he
thought it was nice for a group to be passionate about their issues. He wished that an equal amount
of passion could be put forward when talking about economic development to bring more business,
school renovation and construction to serve children, block grant money to serve aging
populations, and Social Services aid provided to citizens. These positive discussions could create
excitement about basic, ongoing issues. He urged everyone to be servant leaders because everyone
is on the same page and striving for the same goals.
Chairman Frye ended the discussion stating the proposed budget reflects more funding for
animals than ever.
Adiournment
At 8:05 p. m., on motion of Allen, seconded by Haywood, the Board voted unanimously to
adjourn.
Darrell Frye, Chairman
Kenny Kidd
Hope Haywood
David Allen
Maxton McDowell
Dana Crisco, Clerk to the Board
6/3/19
ATTACHMENT A
MEMORANDUM OF UNDERSTANDING (FISCAL YEAR 2019-20) BETWEEN
THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES
AND
RANDOLPH 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
Randolph 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, 2019, 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 Randolph 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
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
Page 1 of 25
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
The term of this MOU shall be for a period of one year beginning July 1, 2019 and ending June
30, 2020.
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/Corrective Action: 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 comply with the terms of this MOU, the steps
set forth in Attachment II will govern. For this MOU covering Fiscal Year 2019-2020, the
Department will not initiate any actions set forth in Attachment II for a county's performance
related to the performance requirements set forth in Attachment III. 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, 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.
Page 2 of 25
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) Attachment I — Mandated Performance Requirements:
a. I -A: Child Support
b. I -B: Energy
c. I -C: Work First
d. I -D: Food and Nutrition Services
(4) Attachment II — Corrective Action
(5) Attachment III — Performance Requirements:
a. III -A: Child Welfare — Child Protective Services
b. III -B: Foster Care
c. III -C: Work First
d. III -D: Adult Protective Services
e. III -E: Special Assistance
f. III -F: Child Care Subsidy
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; and
(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
Page 3 of 25
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.
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
Page 4 of 25
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).
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 persons named below shall be the persons 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
IF DELIVERED BY US POSTAL SERVICE
IF DELIVERED BY ANY OTHER MEANS
Susan Osborne, Assistant Secretary
Susan Osborne
NC DHHS
NC DHHS
2401 Mail Service Center
Doretha Dix Campus, McBryde Building
Raleigh, NC 27699-2401
Phone: 919-527-6338
E-mail: Susan. Osbome dhhs.nc. gov
Page 5 of 25
For Randolph County
IF DELIVERED BY US POSTAL SERVICE I IF DELIVERED BY ANY OTHER MEANS
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 in advance of the
effective date of new policy to the extent possible, 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. Compliance 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.
Page 6 of 25
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 effect social services programs covered under this MOU.
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.
Page 7 of 25
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. For a County Performance Measure
identified in Attachment III, the County will work towards achieving performance higher
than the County's performance in the previous fiscal year. The County will ultimately work
towards achievement of the Standard Measure for all performance requirements set forth
in Attachments I and III.
(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.
Page 8 of 25
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
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 absences
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. To the
extent that the Department and the county have already entered into one or more data privacy
agreements covering all or any portion of the work to be performed under this MOU, the Parties
hereby adopt and incorporate such agreements by reference into this MOU as if fully set forth
herein.
Duty to Report: The County shall report all privacy and security incidents related to the provision
of social services programs covered by the MOU to the Department and the Privacy and Security
Office within twenty-four (24) hours after the privacy and security incident is first discovered,
provided that the County shall report a breach involving Social Security Administration data or
Internal Revenue Service data within one (1) hour after the incident is first discovered. 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.
Page 9 of 25
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, 2019 and shall continue in effect until
June 30, 2020.
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.
Randolph County
BY:
Name
TITLE:
DATE:
BY:
Name
TITLE:
DATE:
North Carolina Department of Health and Human Services
C•
Secretary, Department of Health and Human Services
DATE:
Page 10 of 25
ATTACHMENT
MANDATED PERFORMANCE REQUIREMENTS
I -A: CHILD SUPPORT
I -B: ENERGY
I -C: WORK FIRST
I -D: FOOD AND NUTRITION SERVICES
The Standard Measure is the measure set forth in federal or state law, rule or policy that
governs the particular program. This is the Measure that all counties are ultimately aiming to
achieve.
The County Performance Measure is the measure that the County is required to achieve to be
in compliance with this MOU. For some programs, the County's Performance Measure will be
the same as the Standard Measure. For other programs, the County's Performance Measure may
be greater or less than the Standard Measure, dependent upon previous year's performance.
The Report of Performance is the period of time in which a County's performance on a
particular performance requirement is measured and reported.
Page 11 of 25
ATTACHMENT I -A
MANDATED PERFORMANCE REQUIREMENTS:
Child Support
Page 12 of 25
Standard
County Performance
Rationale and Authority
Report of
Measure
Measure
Performance
1
80% of
The County will
Paternity establishment is an essential
paternities
achieve its given
component in obtaining and enforcing
established or
annual percentage of
support orders for children.
Annual
acknowledged
paternities established
for children born
for children born out
42 USC § 652(g)(1)(A)
out of wedlock.
of wedlock.
42 USC § 658a(b)(6)(A)
NCGS 110- 129.1
2
80% of child
The County will
A court order creates a legal obligation
support cases
achieve its given
for a noncustodial parent to provide
have a court
annual percentage of
financial support to their children.
order
child support cases
Annual
establishing
that are under an
42 USC § 652(g)(1)(A)
support
order.
42 USC § 658a(b)(6)(B)
obligations.
NCGS 110- 129.1
3
80% of current
The County will
The current collections rate is an
child support
achieve its given
indicator for the regular and timely
paid.
annual percentage of
payment of child support obligations.
current child support
Annual
paid.
42 USC § 652(g)(1)(A)
42 USC § 658a(b)(6)(C)
NCGS 110- 129.1
4
80% of cases
The County will
Collection of child support has been
received a
achieve its given
shown to reduce child poverty rates and
payment towards
annual percentage of
improve child well-being.
arrears.
cases that received a
Annual
payment towards
42 USC § 652(g)(1)(A)
arrears.
42 USC § 658a(b)(6)(D)
NCGS 110- 129.1
5
The county will
The County will meet
Measuring total child support collections is
meet its annual
its annual goal of total
an important measure of the program
goal of total
child support
because it encompasses the strength of the
child support
collections.
laws, practices, and fiscal effort to
Annual
collections.
determine its effectiveness.
42 USC § 652(g)(1)(A)
42 USC § 658a(b)(6)(E)
NCGS 110-129.1
Page 12 of 25
ATTACHMENT I -B
MANDATED PERFORMANCE REQUIREMENTS:
Energy Programs
Page 13 of 25
Standard Measure
County Performance
Measure
Rationale and Authority
Report of
Performance
1
The County will process
The County will
95% of Crisis
process 95% of Crisis
Ensure that eligible
Intervention Program
Intervention Program
individuals in a household
Monthly
(CIP) applications within
(CIP) applications
without a heating or
one (1) business day for
within one (1)
cooling source receive
applicants with no heat
business day for
relief as soon as possible.
or cooling source.
applicants with no
heat or cooling source.
42 USC §§ 8621-8630
10A NCAC 71V
2
The County will process
The County will
Ensure that eligible
95% of Crisis
process 95% of Crisis
households who are in
Intervention Program
Intervention Program
danger of losing a heating
(CIP) applications within
(CIP) applications
or cooling source receive
Monthly
two (2) business days of
within two (2)
financial assistance to avert
the application date for
business days of the
the crisis.
applicants who have a
application date for
heat or cooling source.
applicants who have a
42 USC §§ 8621-8630
heat or cooling source.
l0A NCAC 71V
Page 13 of 25
ATTACHMENT I -C
MANDATED PERFORMANCE REQUIREMENTS:
Work First
Page 14 of 25
Standard Measure
County Performance
Measure
Rationale and Authority
Report of
Performance
1
The County will
The County will process
Ensure that eligible families
process 95%
95% Work First
receive Work First benefits in
Work First
applications within 45
a timely manner.
Monthly
applications
days of receipt.
within 45 days of
TANF State Plan FFY 2016 -
receipt.
2019
NCGS 108A-31
2
The County will
The County will process
Ensure that Work First
process 95%
95% Work First
families continue to receive
Work First
recertifications no later
assistance and benefits
recertifications no
than the last day of the
without unnecessary
Monthly
later than the last
current recertification
interruption.
day of the current
period.
recertification
TANF State Plan FFY 2016 -
period.
2019
NCGS 108A-31
Page 14 of 25
ATTACHMENT I -D
MANDATED PERFORMANCE REQUIREMENTS:
Food and Nutrition Services
Page 15 of 25
Standard Measure
County Performance
Measure
Rationale and Authority
Report of
Performance
1
The County will
The County will
Ensure all expedited FNS
process 95% of
process 95% of
applications are processed within
expedited FNS
expedited FNS
required timeframes.
Monthly
applications within
applications within 4
4 calendar days
calendar days from the
7 CFR § 273.2
from the date of
date of application.
FNS Manual: Section 315
application.
FNS Administrative Letter 1-
2015
2
The County will
The County will
Ensure all regular FNS
process 95% of
process 95% of regular
applications are processed within
regular FNS
FNS applications
required timeframes.
applications within
within 25 days from the
Monthly
25 days from the
date of application.
7 CFR § 273.2
date of application.
FNS Manual: Section 315
FNS Administrative Letterl-
2015
3
The County will
The County will ensure
Ensure that eligible families
ensure that 95% of
that 95% of FNS
have their recertification benefits
FNS recertifications
recertifications are
processed in a timely manner
Monthly
are processed on
processed on time, each
without interruption.
time, each month.
month.
7 CFR § 273.14
4
The County will
The County will ensure
Ensure allegations of fraud are
ensure that 90% of
that 90% of Program
addressed promptly.
Program Integrity
Integrity claims are
claims are
established within 180
7 CFR § 273.18
Monthly
established within
days of the date of
180 days of the date
discovery.
of discovery.
Page 15 of 25
ATTACHMENT II
CORRECTIVE ACTION
For this MOU covering Fiscal Year 2019-2020, the Department will not initiate any actions set
forth in this Attachment related to a County's compliance with the performance requirements set
forth in Attachment III.
1. Non -Compliance with mandated performance requirements or terms of the MOU
a. In the event a County Department of Social Services (County DSS)`* fails to
satisfy a mandated performance requirement set forth in Attachment I for three
consecutive months or five months in a 12 -month period, or for two consecutive
12 -month periods for those requirements that are measured annually, or fails to
otherwise comply with a term of this MOU, the Department will provide the
County DSS with written notification identifying the relevant mandated
performance requirement or term and how the County DSS failed to satisfy it.
b. Upon receipt of notification, the County DSS shall promptly provide the
Department with written acknowledgment of receipt.
c. If the County DSS does not agree that it failed to satisfy the mandated
performance requirement or comply with the terms of the MOU, it shall set forth,
in writing, the basis for its disagreement. If the County DSS believes its failure to
adhere to a mandated performance requirement or term of this MOU is due in
whole or in part upon the failure of the Department to meet any of its
responsibilities under this MOU or other external factors (i.e., limited court dates,
continuances, etc.), the County DSS shall set forth in writing how the failure of
the Department or external factors to meet its responsibility to the County DSS
contributed to the inability of the County DSS to meet the mandated performance
standard or other term of this MOU. This notice shall be received by the
Department, along with all supporting documentation, within 10 business days of
the County DSS' receipt of the Department's written notification of non-
compliance.
d. If written notice is received in accordance with subsection (c) of this section, the
Department will provide the appropriate division director with the all
documentation received. Following a review of all documentation, the division
director will provide the county with a decision to proceed in developing a joint
corrective action plan or to rescind the notice of non-compliance.
2. Joint Corrective Action Plan
a. The County DSS and Department shall work together to develop a joint corrective
action plan to address the non-compliance. The Parties will consider and address
the County DSS's written disagreement with the identified non-compliance, if
any, in the development of the joint plan.
b. The joint corrective action plan shall include, at a minimum:
i. The role and responsibility of DHHS in providing support to the County
DSS to address the non-compliance.
Page 16 of 25
ii. A detailed strategy with specific actions the County DSS will take to
address the non-compliance and ensure ongoing compliance.
iii. A strategy to ensure regular supervisory oversight of the social services
program at issue;
iv. A strategy to ensure program and case documentation is both sufficient
and completed within time frames prescribed by law, rule or policy;
v. The performance requirements for the County that constitute successful
completion of the corrective action plan;
vi. A plan for the continuous review of the corrective activities by both the
County Director of Social Services, the County DSS Governing Board,
and the Department.; and
vii. An acknowledgement that failure to successfully complete the corrective
action plan shall result in temporary assumption of all or part of the
County's administration of its social services programs.
c. The duration of the joint corrective action plan shall not exceed 12 -months. If the
County demonstrates it is making progress under the joint corrective action plan,
the Department may extend the duration of the plan for one additional period of 6
months.
d. The joint corrective action plan shall be signed by the Department and the County
DSS Director. A copy of the joint corrective action plan will be sent to the Chair
of the DSS Governing Board, the County Manager, and the Chair of the Board of
County Commissioners.
3. Failure to Complete Corrective Action Plan/Urgent Circumstances
a. In the event a County DSS fails to complete the joint corrective action plan or
otherwise fails to comply with the terms of the joint corrective action plan, the
Department may exercise its authority under the law to assume all or part of the
County's social services programs.
b. In the event a County DSS fails to complete the corrective action plan or
otherwise fails to comply with the terms of the corrective action plan, the
Department may exercise its authority under the law, and this MOU, to withhold
federal and/or state funding.
c. In certain urgent circumstances, the Secretary may also exercise her statutory
authority to assume control of service delivery in the County pursuant to N.C.G.S.
108A-74.
** In the event the performance requirement or term of the MOU falls outside of the authority of
the County DSS, the notification of non-compliance will be sent to the County, and all subsequent
steps contained herein shall be followed by the County.
Page 17 of 25
ATTACHMENT III
PERFORMANCE REQUIREMENTS:
III -A: CHILD WELFARE — CHILD PROTECTIVE SERVICES
III -B: CHILD WELFARE — FOSTER CARE
III -C: WORK FIRST
III -D: ADULT PROTECTIVE SERVICES
III -E: SPECIAL ASSISTANCE
III -F: CHILD CARE SUBSIDY
The Standard Measure is the measure set forth in federal or state law, rule or policy that
governs the particular program. This is the Measure that all counties are ultimately aiming to
achieve.
The County Performance Measure is the measure that the County is required to achieve to be
in compliance with this MOU. For some programs, the County's Performance Measure will be
the same as the Standard Measure. For other programs, the County's Performance Measure may
be greater or less than the Standard Measure, dependent upon previous year's performance.
The Report of Performance is the period of time in which a County's performance on a
particular performance requirement is measured and reported.
The Performance Requirements contained in this Attachment are not subject to the
corrective action process set forth in Attachment II.
Page 18 of 25
ATTACHMENT III -A
PERFORMANCE REQUIREMENTS:
Child Welfare — Child Protective Services
Page 19 of 25
Standard
Measure
County Performance
Measure
Rationale and Authority
Report of
Performance
1
The County will
DHHS will work with
Ensure that allegations of abuse,
initiate 95% of
the county to identify
neglect and dependency are
all screened -in
the County's
initiated timely. The timeframes
reports within
performance measure
for initiating an investigation of
required time
for FY 20-21 based on
child maltreatment are defined in
frames
the County's
state law as, immediately, within
performance for the
24 hours, or within 72 hours
Monthly
preceding state fiscal
depending on the nature and
year
severity of the alleged
maltreatment.
NC General Statutes § 713-302;
l0A NCAC 70A .0105;
NCDHHS Family Services
Manual: Vol. 1, Chapter VIII:
Child Protective Services,
Section 1408 - Investigative &
Family Assessments
2
For all children
DHHS will work with
Ensure that children who have
who were
the county to identify
been substantiated as abused,
victims of
the County's
neglected or dependent are
maltreatment
performance measure
protected from further harm.
during a twelve-
for FY 20-21 based on
month period, no
the County's
National Standards for State
Monthly
more than 9.1%
performance for the
Performance on Statewide Data
received a
preceding state fiscal
Indicators established by the
subsequent
year
Children's Bureau to determine
finding of
conformity with Title IV -B and
maltreatment
IV -E of the Social Security Act
and the Child and Family
Services Review.
Page 19 of 25
ATTACHMENT III -B
PERFORMANCE REQUIREMENTS:
Child Welfare - Foster Care
Page 20 of 25
Standard
County Performance
Rationale and Authority
Report of
Measure
Measure
Performance
1
The County will
DHHS will work with the
Ensure the ongoing safety of children
ensure that 95% of
county to identify the County's
and the engagement and well-being of
all foster youth
performance measure for FY
families.
have face-to-face
20-21 based on the County's
visits by the social
performance for the preceding
Child and Family Services
Monthly
worker each
state fiscal year
Improvement Act of 2006 (Public
month.
Law 109-288, section 7) amending
Section 422(b) of the Social Security
Act (42 USC 622(b))
2
The County will
DHHS will work with the
Ensure that children in out -of -home
provide leadership
county to identify the County's
placements are able to obtain safe and
for ensuring that
performance measure for FY
permanent homes as soon as possible
40.5% of children
20-21 based on the County's
after removal from their home.
who enter foster
performance for the preceding
care in a 12 -month
state fiscal year
National Standards for State
Monthly
period are
Performance on Statewide Data
discharged to
Indicators established by the
permanency
Children's Bureau to determine
within 12 months
conformity with Title IV -B and IV -E
of entering foster
of the Social Security Act and the
care.
Child and Family Services Review.
3
The County will
DHHS will work with the
Ensure that children existing foster
provide leadership
county to identify the County's
care are in stable homes so that they
for ensuring that
performance measure for FY
do not re-enter foster care.
of children who
20-21 based on the County's
enter foster care in
performance for the preceding
CFSR: Safety Outcome 1: Children
a 12 -month period
state fiscal year
are, first and foremost protected from
Monthly
who were
abuse and neglect.
discharged within
12 months to
National Standards for State
reunification,
Performance on Statewide Data
kinship care, or
Indicators established by the
guardianship, no
Children's Bureau to determine
more than 8.3%
conformity with Title IV -B and IV -E
re-enter foster care
of the Social Security Act and the
within 12 months
Child and Family Services Review.
of their discharge.
4
The County will
DHHS will work with the
Ensure that children who are removed
provide leadership
county to identify the County's
from their homes experience stability
for ensuring that
performance measure for FY
while they are in foster care.
of all children who
20-21 based on the County's
enter foster care in
performance for the preceding
a 12 -month period
state fiscal year
Page 20 of 25
Page 21 of 25
in the county, the
CFSR: Permanency Outcome 1:
rate of placement
Children have permanency and
Monthly
moves per 1000
stability in their living situations.
days of foster care
will not exceed
National Standards for State
4.1%.
Performance on Statewide Data
Indicators established by the
Children's Bureau to determine
conformity with Title IV -B and IV -E
of the Social Security Act and the
Child and Family Services Review.
Page 21 of 25
ATTACHMENT III -C
PERFORMANCE REQUIREMENTS:
Work First
Page 22 of 25
Standard Measure
County Performance
Measure
Rationale and Authority
Report of
Performance
1
The County will
DHHS will work
Ensure that all work -
collect
with the county to
eligible individuals are
documentation from
identify the County's
engaged in federally
50% of all Work-
performance measure
countable work activities.
Eligible individuals
for FY 20-21 based
that demonstrates
on the County's
TANF State Plan FFY 2016
completion of the
performance for the
-2019
Monthly
required number of
preceding state fiscal
NCGS 108A-27.2(10)
hours of federally
year
NCGS 108A-27.6(1)
countable work
NCGS 108A -27.13(a)
activities.
NCGS 108A -27.14(a) -(b)
2
The County will
DHHS will work
Ensure all work -eligible
collect
with the county to
two-parent families are
documentation from
identify the County's
engaged in federally
90% of two-parent
performance measure
countable work activities
families with Work
for FY 20-21 based
for the required number of
Eligible individuals
on the County's
participation hours.
that verifies that the
performance for the
they have completed
preceding state fiscal
TANF State Plan FFY 2016
Monthly
the required number
year
-2019
of hours of federally
NCGS 108A-27.2(10)
countable work
NCGS 108A-27.6(1)
activities.
NCGS 108A -27.13(a)
NCGS 108A -27.14(a) -(b)
Page 22 of 25
ATTACHMENT III -D
PERFORMANCE REQUIREMENTS:
Adult Protective Services (APS)
Page 23 of 25
Standard
Measure
County Performance
Measure
Rationale and Authority
Report of
Performance
1
The County will
DHHS will work with the
Responding quickly to
complete 95% of
county to identify the
allegations of adult
APS evaluations
County's performance
maltreatment is essential
involving
measure for FY 20-21
to case decision-making to
allegations of
based on the County's
protect the adult. State law
abuse or neglect
performance for the
requires that a prompt and
within 30 days
preceding state fiscal
thorough evaluation is
Monthly
of the report.
year
made of all reports of
adult maltreatment.
NCGS 108A-103
2
The County will
DHHS will work with the
Protecting a disabled adult
complete 85% of
county to identify the
from exploitation is
APS evaluations
County's performance
critical to ensuring their
involving
measure for FY 20-21
safety and well-being.
allegations of
based on the County's
State law requires a
exploitation
performance for the
prompt and thorough
within 45 days
preceding state fiscal
evaluation is made of all
Monthly
of the report.
year
reports of adult
exploitation.
NCGS 108A-103
Page 23 of 25
ATTACHMENT III -E
PERFORMANCE REQUIREMENTS:
Special Assistance (SA)
Page 24 of 25
Standard
Measure
County Performance
Measure
Rationale and Authority
Report of
Performance
1
The County will
DHHS will work
Ensure eligible individuals
process 85% of
with the county to
receive supplemental
Special
identify the County's
payments to support stable
Assistance for
performance measure
living arrangements.
the Aged (SAA)
for FY 20-21 based
applications
on the County's
Timely application
within 45
performance for the
processing of SAA benefits is
Monthly
calendar days of
preceding state fiscal
essential to an individual's
the application
year
proper care and treatment.
date.
10A NCAC 71 P .0604
2
The County will
DHHS will work
Ensure eligible individuals
process 85% of
with the county to
receive supplemental
Special
identify the County's
payments to support stable
Assistance for
performance measure
living arrangements.
the Disabled
for FY 20-21 based
Monthly
(SAD)
on the County's
Timely application
applications
performance for the
processing of SAD benefits is
within 60
preceding state fiscal
essential to an individual's
calendar days of
year
proper care and treatment.
the application
date.
10A NCAC 71P.0604
Page 24 of 25
ATTACHMENT III -F
PERFORMANCE REQUIREMENTS:
Child Care Subsidy
Page 25 of 25
Standard Measure
County Performance
Measure
Rationale and Authority
Report of
Performance
1
The County will
The County will process
Ensure that families can place
process 95% of
95% of Child Care
their children in quality child care
Child Care
Subsidy applications
without undue delay.
Monthly
Subsidy
within 30 calendar days
applications within
of the application date.
North Carolina Child Care
30 calendar days
Development Fund State Plan
of the application
date.
Page 25 of 25