050619May 6, 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 Michael Mabe from the Randolph
County Sheriff's Office gave the invocation and everyone recited the Pledge of Allegiance.
Consent Agenda
On motion of McDowell, seconded by Kidd, the Board voted unanimously to approve the
consent agenda as presented, as follows:
• approve Board of Commissioners regular meeting minutes of4/1/19 and special and closed
session meeting minutes of 4/16/19;
• reappoint Keith Slusher to the Randolph County Planning and Zoning Board & Board of
Adjustment;
• appoint Lisa Holder to the Voluntary Ag District Board and approve David Allen as the
Commissioner Liaison to the Voluntary Ag District Board;
• approve the Proclamation for Uwharrie Charter Academy Wrestling Team 2019
Champions, as follows:
HONORING UWHARRIE CHARTER ACADEMY HIGH SCHOOL
WRESTLING TEAM AS 2019 CHAMPIONS
WHEREAS, the Uwharrie Charter Academy Wrestling Team had an overall
team record of 41-0 and were named Yadkin Valley Conference Champions, Yadkin
Valley Conference Tournament Champions, IA East Regional Tournament
Champions, IA Dual Team State Champions, and T4 State Tournament Champions;
and
WHEREAS, this is their 2nd straight State Championship win and their 3rd State
title in 2 years (State titles can be won two times in one year); and
WHEREAS, team members include Gage Beal, Jaime Bernal, Timmy Blake,
James Boling, Doug Bowles, Caleb Bryant, Aiden Carter, Shane Cuda, Heaven Fitch,
Noah Gooch, Jerry Jimenez, Austin Kennedy, Jaden Marion, Isaiah Martin, Jacob
Newton, Riley O'Briant, Josh Poteat, Sergio Saldana, Drew Shelton, Holden Simmons,
Garrett Smith, Hayden Waddell, Dylin Whitley, and Lucas Wright led by Coach Chris
Waddell and Assistant Coaches Eric Soto, Talon Flowers, and Bailey Parks; and
WHEREAS, each wrestler contributed their own special talents to the team
with notable awards to Heaven Fitch, first female in the history of the North Carolina
State Tournament to place, Isaiah Martin, State Champion, Sergio Saldana, State
Duals Sportsmanship Award and Most Outstanding Wrestler of the State Duals
Championships, and Hayden Waddell, State Champion; and
WHEREAS, Coach Chris Waddell was named a L4 North Carolina Coach of
the Year; and
WHEREAS, Uwharrie Charter's wrestlers and coaches have created apositive
image for their peers and the citizens of Randolph County and surrounding areas and
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have demonstrated the teamwork and dedication necessary to produce a successful
season; and
WHEREAS, Uwharrie Charter Academy has exhibited athletic ability and
great sportsmanship, both on and off the mat, thereby bringing pride and recognition
not only to the team itself, but also to Randolph County and its citizens.
NOW, THEREFORE, BE IT PROCLAIMED that the Randolph County
Board of Commissioners officially acknowledges the talents, skills, teamwork,
sportsmanship, and successes of the Uwharrie Charter Eagles Wrestling Team
throughout 2019 and, on behalf of our citizens, does hereby extend this expression of
our pride in these prestigious milestones.
• appoint Chris Turner to the Liberty Planning and Zoning Board;
• reappoint Lydia Walton to the Regional Partnership Workforce Development Board;
• approve the Resolution Designating Police Week, as follows:
RESOL UTION DESIGNATING THE WEEK
OF MAY 12 - MAY 18, 2019, AS "NATIONAL POLICE WEEK -
IN RANDOLPH
EEK"INRANDOLPH COUNTY
WHEREAS, in 1962, John Fitzgerald Kennedy signed the Joint Resolution
entitled "Joint Resolution to authorize the President to proclaim May 15 of each year
as Peace Officers Memorial Day and the calendar week of each year during which
such May 15 occurs as Police Week" (36 U.S.C. 136); and
WHEREAS, the National Law Enforcement Officers Memorial in Washington DC,
dedicated on October 15, 1991, is the national monument to honor law enforcement
officers who have died in the line of duty; and
WHEREAS, Federal, State, local, and tribal police officers, sheriffs and their
deputies, and other law enforcement officers across the United States serve with valor,
dignity, and integrity; and
WHEREAS, law enforcement officers are charged with pursuing justice for all
individuals and performing their duties with fidelity to the constitutional and civil
rights of the individuals that they serve; and
WHEREAS, the resolve of law enforcement officers in the service of their
communities is unyielding, despite inherent dangers in the performance of their duties;
and
WHEREAS, the vigilance, compassion, and decency of law enforcement officers
are the best defense ofsociety against individuals who seek to do harm; and
WHEREAS, Peace Officers Memorial Day 2019 honors the 144 law enforcement
officers killed in the line of duty during 2018, nine of whom were in North Carolina;
and
WHEREAS, during the first four months of 2019, 38 law enforcement officers
across the United States have made the ultimate sacrifice.
NOW, THEREFORE, BE IT RESOLVED, that the Randolph County Board of
Commissioners:
1. designates the week of May 12 through May 18, 2019, as "National Police
Week" in Randolph County;
2. expresses strong support for law enforcement officers across the United States
for their efforts to build safer and more secure communities;
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3. recognizes the need to ensure that law enforcement officers have the equipment,
training, and resources necessary to protect their health and safety while they
are protecting the public;
4. recognizes the members of the law enforcement community for their seNess
acts of bravery;
5. acknowledges that police officers and other law enforcement officers who have
made the ultimate sacrifice should be remembered and honored;
6. expresses condolences to the loved ones of each law enforcement officer who
has made the ultimate sacrifice in the line of duty; and
7. encourages the citizens ofRandolph County to observe "National Police Week"
with appropriate ceremonies and activities that promote awareness of the vital
role of law enforcement officers in building safer and more secure communities
across the United States.
• approve Lottery Applications for Randolph County Schools at $1,300,000 (Providence
Grove HS 2013E LOBS) and Asheboro City Schools at $300, 000 (Teachey School
2013E LOBS);
• approve Budget Amendment for Public Health -Women's Health, as follows:
2018-2019 Budget Ordinance
General Fund—Budget Amendment #45
Revenues Increase Decrease
Restricted Intergovernmental $15,996
Appropriations Increase Decrease
Public Health $15,996
• approve Budget Amendment for Emergency Services -Emergency Management
Performance Grant, as follows:
2018-2019 Budget Ordinance
General Fund Budget Amendment #46
Revenues Increase Decrease
Restricted Intergovernmental $17,900
Appropriations Increase Decrease
Emergency Services $17,900
• approve Bud-aet Amendment for Administration -2019 Merit Pro-aram, as follows:
2018-2019 Budget Ordinance
General Fund—Budget Amendment #47
Revenues
Increase Decrease
Appropriations
Increase Decrease
Administration
$95,732
In ormation Technology
$2,943
Tax
$5,087
Elections
$355
Register o Deeds
$780
Public Buildings
$2,592
Sheriff
$25,073
Emergency Services
$10,405
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Building Inspections
$1,753
Juvenile DRC
$906
Planning and Zoning
$1,657
Public Works
$852
Public Health
$12,365
Social Services
$24,202
Veterans Services
$903
Child Support Services
$1,540
Public Library
$4,339
• approve Resolution to Adopt a Safety Policy, as follows:
Risk Management- Job Ready- Safety Policy
Randolph County employees take pride in the opportunity to work as public servants
in local government. All employees are expected to safely deliver a high level of
service as they provide the complex and wide range ofservices that are essential to
ensure the public's health, safety and well-being. A commitment to excellence and
safety/risk awareness are expectations shared by managers and employees of
Randolph County Government.
Managers are expected to:
• Be an example of safe behavior to their employees, and to provide a work
area that is generally free of hazards.
• Ensure all hazards are corrected in a timely manner, and during the interim
period, employees are warned and provided appropriate protection from the
hazard.
• Train all employees on the steps ofperforming their job, which will include
the safety precautions needed for the job to which they are assigned.
• Investigate and document all workplace incidents.
• Support our return to work efforts by providing transitional duty as necessary
to employees returning to work following a workplace injury.
Employees are expected to:
• Follow all safety procedures, processes and rules while working in Randolph
County Government.
• Be aware of necessary safety precautions when lifting heavy objects or
performing difficult tasks.
• Support risk awareness by pointing out unsafe behavior s or hazardous
conditions to fellow employees.
• Report any identified safety issues immediately to your supervisor or
manager.
• Report and document any incident or injury to your supervisor before the end
of your scheduled workday.
• After an injury occurs, return to workpromptly when released by a doctor for
transitional duty.
• Work will be provided for you within your physical limitations.
RESOLUTION TO ADOPT A SAFETYPOLICY
05/06/19
WHEREAS, Randolph County Government employees take pride in the
opportunity to serve the citizens in the county; and
WHEREAS, a comprehensive Strategic Plan was adopted in 2016 in
order to focus on the long term issues impacting the health, safety, and well-
being of citizens and employees alike; and
WHEREAS, Randolph County employees are expected to provide a
complex and wide range ofservices to the citizens; and
WHEREAS, Randolph County managers and employees share a
commitment to safety/risk awareness; and
WHEREAS, the Randolph County Board of Commissioners is committed
to ensuring the safety and well-being of County citizens and employees; and
WHEREAS, the County Manager is directed to continually develop a
culture of risk awareness for all managers, employees, and citizens; and
WHEREAS, the policy was reviewed and recommended by Randolph
County Department Heads on April 17, 2019, for consideration by the Board;
and
WHEREAS, the Randolph County Safety Policy adopted on November 6,
2000 is hereby repealed; and
WHEREAS, the Randolph County Board of Commissioners acknowledge
and adopt the Safety Policy as a core obligation ofgood governance; and
NOW, THEREFORE, BE IT RESOLVED, that the Randolph County
Board of Commissioners does, hereby, adopt the Safety Policy as outlined.
approve Budget Amendment for Building Reuse Grant Matches, as follows:
• approve Budget Amendment -2019 Timber Receipts, as follows:
2018-2019 Budget Ordinance
General Fund—Budget Amendment #48
Revenues
Increase Decrease
Transfer from ED Reserve $11,375
Appropriations
Increase Decrease
Other Economic
Development
and Physical $11,375
• approve Budget Amendment -2019 Timber Receipts, as follows:
• approve appointment of Marc Lewis to the Randolph County Juvenile Crime Prevention
Council.
Special Recognitions
Chairman Frye recognized high school wrestlers on their outstanding achievements for 2019.
Those honored are as follows:
• Ethan Oakley -2A State Wrestling Champion (126 lb weight class)Wheatmore High
School
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2018-2019 Budget Ordinance
General Fund—Budget Amendment #44
Revenues
Increase Decrease
Restricted Intergovernmental
$12,304
Appropriations
Increase Decrease
Education
$12,304
• approve appointment of Marc Lewis to the Randolph County Juvenile Crime Prevention
Council.
Special Recognitions
Chairman Frye recognized high school wrestlers on their outstanding achievements for 2019.
Those honored are as follows:
• Ethan Oakley -2A State Wrestling Champion (126 lb weight class)Wheatmore High
School
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• Uwharrie Charter Academy State Team Wrestling Champions
— Hayden Waddell—IA State Wrestling Champion (126 lb weight class)
— Isaiah Martin—IA State Wrestling Champion (182 lb weight class)
— Sergio Saldana—State Duals Sportsmanship Award and Most Outstanding
Wrestler of the State Dual Championship
— Heaven Fitch—First female in the history of the North Carolina State Tournament
to place (4th place)
— Chris Waddell—IA Coach of the Year
All were presented Certificates of Recognition from the Board.
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.
Tammy Graves, 3607 Scarlet Haw Ct., Greensboro, said she founded the Haley Graves
Foundation, a non-profit rescue organization. She gave a definition of an animal shelter. Ms.
Graves then spoke of a dog that had allegedly been shot and then taken to a veterinary office. She
said the Randolph County Animal Shelter did not try to have charges made against the shooter
because the citizen had the right to shoot the dog on their private property. She said that the case
had been reopened by the Sheriff's Office for review. She spoke of a new shelter in Texas. She
said the Randolph County Animal Shelter was not progressive and urged the Commissioners to
give Sheriff Seabolt the responsibility of the Animal Shelter.
Pamela Vuncannon, 824 Shannon Rd., Asheboro, also gave a definition of a 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 more space. She supports Sheriff Seabolt taking over the shelter and
charging individuals with animal cruelty.
Charme Blanchard, 1300 Branson Mill, Pleasant Garden, presented a 228 page online petition
signed by 5226 people of which 26% (1364) were Randolph County citizens. (This document is
incorporated by reference and can be viewed at the Office of the Clerk.) She said that Randolph
County Animal Shelter has a lack of transparency, accountability, and compassion. Companion
animals need to be taken care of The Shelter needs to do more than the bare minimum set out by
the Department of Agricultural. She stated that the Shelter needs new leadership willing to care
for the animals without euthanizing. She said the petition asked that Sheriff Seabolt take over the
responsibility of the Randolph County Animal Shelter. She asked for education, low cost rabies
vaccinations, volunteer involvement, quarantine space, and posting online of strays that are found.
Chairman Frye said that this issue had the attention of the Board. He stated that the citizens
would see more in the budget process for 2019-2020.
West Randleman Business Park
05/06/19
Kevin Franklin, Economic Development Corporation Interim President, said he was presenting
an offer to purchase 11.5 acres of West Randleman Business Park at the asking price of $233,000.
The company making the offer will have jobs at an hourly rate of $16.45/hour. The Economic
Development Corporation Board voted to accept the offer on April 23rd. He asked the
Commissioners to consider accepting the offer by approving the Resolution presented.
Commissioner Allen asked where the property was in the Business Park. Mr. Franklin said it
was adjacent to Rheem.
Chairman Frye asked if there were any parcels left in the Park. Mr. Franklin stated that there
are three parcels remaining; approximately 30 acres, 2 acres, and 3.5 acres.
Chairman Frye opened the Public Hearing at 6:33 p.m. and closed it after hearing no comments.
On motion of Allen, seconded by McDowell, the Board voted unanimously to approve the
Resolution Authorizing the Sale of Real Property for Economic Development, as follows:
RESOL UTION A UTHORIZING THE SALE OF REAL PROPERTY FOR
ECONOMIC DEVELOPMENT
WHEREAS, North Carolina General Statute 158-7.1 authorizes a county to
undertake an economic development project by conveying property to a company in
order to cause the company to locate or expand its operations within that county; and
WHEREAS, the Randolph County Economic Development Corporation, hereinafter
the "EDC, " is the owner and of the West Randleman Business Park, a portion of which
is comprised of a 30.12 acre tract identified by parcel identification number
7755256354 and a 2.32 acre tract identified by parcel identification number
7755251489, both of which are located on Island Ford Road in Randleman, North
Carolina; and
WHEREAS, the EDC and an unnamed corporation hereinafter the "Company, "
have engaged in private negotiations for the conveyance of 11.5 acres ofproperty, said
property being comprised of a 9.18 acre portion of the 30.12 acre tract referenced
above and the entirety of the 2.32 acre parcel referenced above, hereinafter collectively
referred to as the "Property; " and
WHEREAS, Randolph County has participated financially in the EDC's purchase
of the West Randleman Business Park and therefore must approve any conveyance of
the Property; and
WHEREAS, the Board of Commissioners of Randolph County has held a public
hearing to consider whether to approve the conveyance of the Property to the
Company;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of
Randolph County, this 61h day of May 2019, as follows:
1. The EDC is authorized to execute the necessary documents to convey to the
Company the Property referenced above; and
2. The conveyance of the Property to the Company will stimulate the local economy,
promote business and result in the creation ofa number ofjobs in the County, the
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probable average hourly wage of which shall be $16.45 per hour. The probable
average hourly wage is based upon materials provided to the County by the EDC
indicating an average hourly wage in Randolph County for the appropriate job
sector of $16.45 per hour as published by the North Carolina Department of
Commerce; and
3. The fair market value of the Property is Two Hundred Eighteen Thousand Five
Hundred Dollars ($218,500.00). This determination offair market value is based
upon an appraisal of the property by Jim Myrick of Brubaker and Associates, a
copy of which is on file in the office of the EDC; and
4. As consideration for the conveyance of the property, the Company shall pay the
EDC a purchase price of Two Hundred Thirty Thousand Dollars ($230, 000.00),
said amount being above the fair market value of the property as determined in
paragraph 3 above.
Hubbell Industrial Controls, Inc.
Kevin Franklin, Economic Development Corporation Interim President, said 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 Archdale, Wisconsin, and Texas. The Archdale facility produces controls for products such as
cranes and fire protection equipment.
The expansion proj ect in Archdale will result in creation of fourteen (14) new j obs. The average
yearly 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 requests 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
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The EDC believes 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 (14) new quality jobs. Therefore, the EDC requests that Randolph County
schedule a Public Hearing for the June 3rd meeting 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).
On motion of McDowell, seconded by Kidd, the Board voted unanimously to set a Public
Hearing for June 3, 2019, at a meeting starting at 6:00 p.m., to consider supporting 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 Controls.
Sandhills Center Annual Update
Victoria Whitt, Executive Director of Sandhills Center, said during its March 12th meeting, the
Sandhills Center Board of Directors discussed the issue of the County General Budget Request
from our nine (9) constituent counties for FY 19 - 20.
Based on a review of the current fiscal situation that impacts our State and counties, it was
decided that the Center would not request an increase in County General Funding from Randolph
County. This continues their practice of not requesting an increase for the past fifteen (15) years.
All county funding received is directed in support of local County Behavioral Health Urgent Care
Centers and other county designated services/programs.
Sandhills Center requested $844,000 for FY 2019-20.
Since beginning the management of Medicaid service dollars in December 2012, Sandhills
Center has realized savings and has made a commitment to reinvest those savings in the
community. During the past year, Sandhills Center has worked with county and community
representatives from each of the nine (9) constituent counties to identify high priority needs and
projects at the county level. They have been able to reallocate local funds and commit LME/MCO
reinvestment savings to numerous projects in each of the counties.
Ms. Whitt said she and Sandhills Center staff will continue to meet with County Managers and
others to review the use of current county allocations while identifying behavioral health service
areas in the county that may have been underserved and how available funding could be used to
impact those areas.
Ms. Whitt thanked the Board for its continued support of Sandhills Center and the services they
manage. The Sandhills Center's Board of Directors and staff are committed to providing the
citizens of Randolph County with quality, cost-effective services.
Ms. Whitt updated the Commissioners on the renovation project for the building on Walker
Ave. Daymark will continue to provide outpatient care on the second floor. The first floor will
be for assessment with twelve chairs for 23 hour evaluation for both adults and children. The third
floor will house sixteen long term beds for adults only. At the end of the renovation project in the
near future, it is her hope to have an open house for the citizens in the community.
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Ms. Whitt gave a history to date of Medicaid Transformation, as follows:
September 23, 2015: S.L. 2015-245 Medicaid Transformation and Reorganization:
Requires the transition of the current Medicaid and NC Health Choice service delivery
system to contracts with Prepaid Health Plans (PHPs). Moves the system to 1) whole
person care, 2) a capitated (finite amount of funding) model, and 3) privatization.
June 14, 2018: HB 403 An Act to Modify the Medicaid Transformation Legislation:
Allows the DHHS Secretary to move forward with soliciting bids for Prepaid Health Plans
(PHPs)
o Introduces two types of PHPs — Standard Plans and Behavioral Health/Intellectual
Developmental Disabilities (BH/IDD) Tailored Plans.
• Standard Plans
— Will provide integrated physical health, "primary care" behavioral health and
pharmacy services to the majority of Medicaid and NC Health Choice beneficiaries
with lower intensity behavioral health needs.
— LME/MCOs will continue to manage services for those with more serious BH/IDD
needs.
— The Plans will be administered by Statewide Commercial Plans (CPs):
■ AmeriHealth Caritas NC, Inc.,
■ Blue Cross and Blue Shield of NC,
■ UnitedHealthcare of NC, Inc.,
■ WellCare of NC, Inc., and
■ Regional Provider Led Entity (PLE), Carolina Complete Health
— November 2019 — Phase 1 will launch in Region 2 which is the region Randolph
County is in and Region 4.
— February 2020 — Phase 2 will launch in Regions 1, 3, 5, and 6. Carolina Complete
Health PLE will offer plans in Regions 3 and 5.
• Tailored Plans
— Will begin one year after Standard Plans have launched — July 2021
— Specialized managed care plans targeted toward populations with significant
behavioral health and intellectual and developmental disabilities (BH/I-DD) needs
— Only LME/MCOs will be allowed to apply and must successfully complete a
DHHS comprehensive readiness review
— No more than 7 and no less than 5 Plans will be allowed
— Plans will also manage non -Medicaid, federal/state/local funding for behavioral
health services
— Plans must contract with the Standard Plans for coordination of physical healthcare
for members
— At a later date, certain populations may be added for management by the Plans
— Contract Term will be for 4 years, then will be competitively bid to non -profits and
existing Tailored Plans
The NC DHHS has been in discussions with the North Carolina Association of County
Commissioners (NCACC) and has requested their assistance in developing
recommendations related to the establishment of regions for Tailored Plans.
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• The Secretary is asking NCACC to convene a sub -committee to coordinate and facilitate a
process, in consultation with the LME/MCOs, to develop recommendations related to the
regions.
• Commissioner Ronnie Beale of Macon County and Commissioner Catherine Graham of
Moore County chair the sub -committee which convened its first meeting on April Stn
• The committee will consist of an LME/MCO appointed county commissioner from each
of the existing seven regional Boards of Directors and NCACC appointed commissioners.
• The Sandhills Center Board of Directors has appointed Randolph County Commissioner
David Allen to the committee.
• Sandhills Center County Commissioners Presentations conducted over the next few
months will include information on this initiative as well as the opportunity to meet j ointly
or individually with Commissioners as requested.
• Recommendations are to be reported to NC DHHS by June 1, 2019. As required by law,
all final decisions will be made at the discretion and approval of the Secretary.
• The committee will consist of an LME/MCO appointed county commissioner from each
of the existing seven regional Boards of Directors and NCACC appointed commissioners.
• Committee Criteria and Considerations:
— Regions must cover the entire state, include assignment of all counties to a region, and
counties must be contiguous within the region.
— Recommendations must meet all statutory requirements.
— Consideration must be given to maintenance of continuity of and access to care, provider
relationships, quality of care to enrollees, and operational capacity.
— Recommendations may include the contemplation of a one-time opportunity for
counties to select a region, but with an understanding that after that selection, the county
may not move prior to the second bid cycle for Tailored Plans in approximately five
years.
Ms. Whitt said the five private companies will know how much money they will have to spend.
They will enroll all providers in the area. Citizens that will be affected most are those with no
mental illness or other serious health issues.
Commissioner Allen stated that an enrollment broker will help DSS decide who they use.
Chairman Frye asked if this new plan had the intent to save money. Ms. Whitt stated that the
intent is to take the risk away from the State and move it to the local entity. Cost savings and focus
on a finite amount of money available are two factors that the local entity will need to manage.
Commissioner Allen said there are still many questions about how the privatization will work.
Ms. Whitt added that the role of the Commissioners and the relationship with the private companies
is still unknown.
Commissioner McDowell stated that he understood some flexibility for counties to choose what
region they will participate in. He asked why counties would want to change regions. Ms. Whitt
said that a location closer to the main office of the LME -MCO may be a factor. She also said that
all LME-MCOs do not always maintain brick and mortar facilities like Sandhills offers. Counties
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around the edges of the regions may want to switch because Sandhills is very sensitive to
community input.
Chairman Frye said that some counties don't want to remain with their current LME -MCO
because Sandhills has such a great reputation for services and accessibility.
Commissioner McDowell inquired if other counties did join this region (Region 2), how would
that affect Randolph County funding. Ms. Whitt said that Sandhills has had mergers in the past
and the boards work together and ensure that some fund balance comes to Sandhills from each
member in the region. They have been successful in the past using this method.
Commissioner McDowell stated that he feels there will be other counties wanting to join this
region.
Commissioner Allen said he had seen the Position Statement from Sandhills and wanted to
make a motion to support it.
On motion of Allen, Seconded by McDowell, the Board voted unanimously to support the
Position Statement ofSandhills Center, as follows:
RESOL UTION IN SUPPOR T OF THE TAILORED PLAN
REGIONS POSITION STATEMENT OFSANDHILLS CENTER
WHEREAS, Randolph County is a constituent county of the Sandhills Center
catchment area; and
WHEREAS, Randolph County Commissioners and staff have enjoyed a close
working relationship with Sandhills Center throughout the years; and
WHEREAS, we share the interest of Sandhills Center in significant County
Participation in the behavioral health system that serves our communities; and
WHEREAS, we share their position on Tailored Plan region design; and
WHEREAS, the full Position Statement is attached to this Resolution.
NOW, THEREFORE, BE IT RESOL VED, that Randolph County would like to
continue its partnership with Sandhills Center as they transition into a Tailored Plan
for North Carolina.
Tailored Plan Regions Position Statement
April 9, 2019
Thank you for allowing us to provide input to help craft the North Carolina Association
of County Commissioners' (NCACQ recommendation to the Secretary of Health and
Human Services' Tailored Plan region design. NCACC's involvement in this design is
critical to the long-term success of the Plan given the strong connection between North
Carolina's individual counties and their local behavioral health services. NCACC
feedback is even more critical when considering the population to be served by the
Tailored Plan and the expected involvement between county departments and the
Tailored Plans in meeting the needs of this population.
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Sandhills Center Local Management Entity Managed Care Organization (LME -
MCO) is the product of three successful mergers. We currently serve a nine -county
region in central North Carolina. Those mergers have included single -county additions
as well as multi -county operations, including rural and urban areas. The challenges to
addressing behavioral health and intellectual/developmental disability needs in each
community may be somewhat different, but some themes remain consistent. Top among
those is maintaining the greatest level of local involvement and local control allowed
by the behavioral health delivery system in place. Throughout the changes to the
behavioral health system, Sandhills Center has maintained a focus on a strong
connection to County Commissioners in our respective counties, and preserving
County Commissioner representation from each county on our governing Board of
Directors.
Additionally, we have worked closely with each county to idents their individual
behavioral health funding priorities, and we have used those priorities while shaping
our investment in local services. This approach has strengthened our continuum of
crisis services throughout our area, including offering a crisis facility in each county,
plans for multiple Facility Based Crisis services, expansion of Hospital Transition
Teams and Mobile Crisis Teams, as well as expansion of services to incarcerated
individuals and those transitioning back to the community.
Sandhills Center's commitment is to continue this connection in each local county as
we move forward with Medicaid Transformation and the introduction of Tailored
Plans. We value our partnership with each county represented in our area and would
very much like to continue serving each county as a Tailored Plan. Our addition of
counties over time has been the result of being open to discussing possibilities with
counties who share our vision for local presence and local control. We remain open to
discussing possibilities with additional counties that wish to examine opportunities for
a collaborative partnership.
Adoption of Business Continuity Policy
County Manager Hal Johnson said Randolph County Government impacts the lives of all the
citizens within the county. County Government plays a vital part in the safety, health, and well-
being of our citizens. Randolph County citizens not only rely on County Government services,
but they expect these government services to be available when needed.
One of the components of the 2016 Randolph County Strategic Plan addressed issues impacting
our County Government's approach to Risk Management and Risk Awareness. The need for a
comprehensive Randolph County Business Continuity Plan was highlighted during this
countywide planning process. Randolph County staff have been in the process of developing a
comprehensive Business Continuity Plan for the past two years. The Commissioners have
received status updates at planning retreats beginning in 2017. The Plan identifies the logical flow
of events in responding to major disruptions in County services and the loss of facilities,
infrastructure, and/or employees.
05/06/19
The proposed Business Continuity Policy outlines the responsibilities of the Board of
Commissioners, the County Manager, County Department Heads, and County Employees in the
creation, implementation, and management of a Business Continuity Plan. The Policy addresses
the strategies necessary to continue services and to mitigate harmful effects during a disruptive
incident to County operations. The Business Continuity Plan is a restricted document, but will be
tested periodically and modified as needed relative to changes in organizational structure,
information technology, facilities, personnel and operational processes.
The proposed Resolution to Adopt a Business Continuity Policy ensures that a culture of risk
awareness and Business Continuity Management will always be integrated into all Randolph
County operational planning and management processes.
Mr. Johnson asked for the Commissioners to consider adoption of the Resolution.
On motion of Allen, seconded by McDowell, the Board voted unanimously to adopt the
Resolution to Adopt a Business Continuity Policy, as follows:
RESOLUTION TO ADOPT A BUSINESS CONTINUITYPOLICY
WHEREAS, Randolph County Government recognizes the need to be proactive in
strategically planning for the future; and
WHEREAS, a comprehensive Strategic Plan was adopted in 2016 in order to focus
on the long term issues impacting the public's health, safety, and well-being; and
WHEREAS, Randolph County citizens rely on and expect County services to be
available in spite of disruptive incidents that may affect critical processes of the entity;
and
WHEREAS, it is incumbent upon the Board of County Commissioners to safeguard
the County's assets including people, property, and financial resources; and
WHEREAS, a Business Continuity Policy demonstrates commitment to prioritize
the order in which County services are recovered and to utilize resources effectively
and efficiently; and
WHEREAS, the Randolph County Board of Commissioners acknowledge and
adopt the Business Continuity Policy as a core obligation ofgood governance; and
WHEREAS, the Randolph County Board of Commissioners is committed to
ensuring the safety and well-being of County citizens and employees; and
WHEREAS, the County Manager is directed to develop a culture of Business
Continuity Management to be integrated into all County business planning and
management processes; and
NOW, THEREFORE, BE IT RESOLVED, that the Randolph County Board of
Commissioners does hereby adopt the Business Continuity Policy as outlined.
Wellness Coalition/County Trails Update
Sam Varner, Wellness Administrator gave an update on the Wellness Coalition. He said that
seven new members have joined the Coalition. Commissioner Haywood has been appointed the
Commissioner Liaison. The Economic Development Corporation is promoting the Coalition to
05/06/19
all businesses considering locating in Randolph County. He highlighted some projects the
Coalition assisted in and spoke of upcoming events.
Next, he introduced Mary Joan Pugh, Trials and Natural Heritage Coordinator, explained her
connection to the Coalition and mentioned that she is Chairman for Healthy Communities.
Ms. Pugh gave highlights of the various trails that make up some of the Randolph County Trail
System. She described how they help connect the Deep River State Trail. She mentioned both
the Deep River Bluway and the Uwharrie Greenway designations.
With Healthy Communities, a Weekday Walking program has been started in both Liberty and
Archdale.
Her membership on the Piedmont Triad Outdoor Recreation Advisory Council and the NC
Outdoor Recreation Advisory Council serves to promote the trails, bluway, and greenway to
encourage economic development, health and wellness, workforce training, and conservation and
stewardship.
Commissioner Kidd asked how to access the maps of the trails. Ms. Pugh said that there will
be links on the County website.
Commissioner Haywood asked if there would be events for National Trails Day. Ms. Pugh
listed several events occurring on that day.
Renewal of Southern Health Partners Contract
Justin Brubaker, Business Manager, said the Sheriff's Office wishes to renew the Health
Services Agreement with Southern Health Partners, Inc (SUP). for the new fiscal year of July 1,
2019 through June 30, 2020. The pricing outlined in section No. 7.3 as shown below includes a
2% increase effective on July 1, 2019. Pricing for this is broken down into payments of $33,445.58
per month. This is a total of $401,346.96 for the year, which is an increase of $7,869.60. Southern
Health Partners provides medical coverage for all jail inmates and staffs the jail with qualified
nurses who work under the direction of doctors.
7.3 Future Years' Compensation. The amount of compensation (i.e., annual
base price and per diem rate as defined in Sections 7.1 and 7.2, respectively) to SHP
shall increase at the beginning of each contract year. The amount of compensation
shall increase by two percent (2%) for the renewal period effective July 1, 2018, and by
two percent (2%) for the renewal period effective July 1, 2019. SHP shall provide
written notice to County of the amount of compensation increase requested for renewal
periods effective on or after July 1, 2020, or shall otherwise negotiate mutually
agreeable terms with County prior to the beginning of each annual renewal period.
Mr. Brubaker said that the contract with SHP covered 220 inmates per day. In the event that
there are more than 220 inmates, a flat fee of $1.31 per inmate per day is charged over 220.
05/06/19
He explained that using SHP also paid for inmates sent to other facilities that use SUP. This
provides continuous coverage even when inmates are sent out of county. He also asked that Sheriff
Seabolt and Major Philip Cheek have time to evaluate SNP's service.
Chairman Frye asked if there was a stop loss. Mr. Brubaker explained that from $0-70,000 was
covered by SHP, between $60,000-80,000 would have the Sheriff's Office responsible for $10,000
and SHP for $10,000. Above $80,000 would be the responsibility of the Sheriff's Office. SHP
does review the bills for allowed expenses.
Chairman Frye inquired about the current years costs incurred. Mr. Brubaker said that there
was overflow from the previous year and a few of the inmates have had major medical issues. The
inmates that come in must be given necessary medical treatment. He stated that he is in touch with
the representatives of SHP frequently and they are working together to benefit Randolph County
as they can.
On motion of McDowell, seconded by Kidd, the Board voted unanimously to approve the
renewal of the Southern Health Partners contract for FY 2019-20 and authorize the County
Manager to sign the contract.
New Contracts for Fire Protection
Fire Marshal Erik Beard said at the January 25, 2018 Randolph County Fire Service Advisory
Council meeting, voting members unanimously approved the formation of a committee to review
the current fire protection contract and recommend changes and updates as needed. The committee
was comprised of Associate Attorney Aimee Scotton, Fire Marshal Erik Beard, Liberty Fire Chief
Matt Talbott, Franklinville Fire Chief Kyle Dixon, and Guil-Rand Assistant Fire Chief Brian
Causey. The current fire protection contract was adopted by the Commissioners in June of 2014
and became effective July 1, 2014.
The contract committee met five times in 2018. They reviewed the current contract along with
fire protection contracts from nine other counties in North Carolina and created a new draft
contract. The proposed contract was submitted to the members of the Fire Service Advisory
Council via email on January 14, 2019, for consideration at the January 31, 2019 meeting. Some
changes were suggested at this meeting. Incorporating those changes, a revised draft was sent to
the Council members on March 5, 2019. The attached draft was approved at the April 18, 2019
Fire Service Advisory Council meeting.
The significant differences between the proposed draft and the current contract are as follows:
• Change of wording to reflect the use of "service district" along with the applicable
North Carolina General Statute. (153A-305)
• The addition of Paragraphs 5, 6, 7, and 8 to Section A. "Responsibilities of the
County."
• The addition of wording in Section B, Paragraph 3. "Responsibilities of the
Department" to allow fire departments to seek reimbursement for services rendered
during specialized incidents or for fire protection agreements with other agencies.
• The addition of Paragraphs 6 and 16 to Section B. "Responsibilities of the
Department."
05/06/19
• Change of Paragraph 4 Section C "General Provisions" to make the contract's term
five years and remove the phrase "automatically renew."
• The addition of Paragraph 6 to Section C. "General Provisions."
Mr. Beard said he appreciated the Board's consideration of this matter.
Chairman Frye questioned the difference between Rural Fire Districts and Service Districts.
Mr. Massie explained that the Rural Fire Districts could not be dissolved when the Service Districts
were enacted. Chairman Frye asked if both districts could be used together for tax rates. Aimee
Scotton explained that they could be used but any funding would require the Board's approval.
On motion ofAllen, seconded by Kidd, the Board voted unanimously to approve the new Fire
Protection Contract, as shown in Attachment A, following these minutes.
Support the County's Petition to Remain Substantially Equivalent
Jill Williams, HR Director, said Substantially Equivalent refers to an entity's ability to maintain
a personnel system for its employees who are subject to the State Human Resources Act (SHRA).
Counties or other entities that wish to be considered for substantially equivalent status must
petition to the Office of State Human Resources (OSHR) and demonstrate that their personnel
system is similar enough (substantially equivalent) to the standards established by the State Human
Resources Act. Randolph County has two departments whose employees are subj ect to the SHRA,
the Department of Social Services and the Public Health Department.
In February 2009, Randolph County petitioned for substantial equivalency in two areas,
Recruitment, Selection, and Advancement and Classification and Compensation. The State
Personnel Commission approved this petition with an effective date of January 1, 2010.
Jurisdictions are not granted substantial equivalent status indefinitely. Starting in 2018, OSHR
began an annual process of monitoring those counties designated as substantially equivalent to
ensure their established standards are in compliance. The monitoring process requires that the
appropriate management staff review and certify that local policies and procedures remain in
compliance with the administrative code requirements for substantially equivalent systems, 25
NCAC 01I.2400 and that the Board of County Commissioners are aware of and support the petition
to remain substantially equivalent.
For 2019, the OSHR has provided a short form that counties may submit if there have been no
policy changes in the substantially equivalent areas. As Randolph County has had no policy
changes, this form may be submitted and the policies and supporting documentation that were
submitted in 2018 need not be resubmitted.
Ms. Williams requested that the Board of County Commissioners continue to support the
County's petition to remain substantially equivalent, as requested by the Office of State Human
Resources.
On motion of Haywood, seconded by Kidd, the Board voted unanimously to support the
County's Petition to Remain Substantially Equivalent.
05/06/19
Adoption of Increased Zoning Permit Fees
Jay Dale, Planning and Zoning Director, said the Randolph County Planning Department is
requesting that the Randolph County Board of Commissioners increase the cost of a Zoning Permit
from the current price of $10.00 to $25.00. The request for this increase is as a result of increased
administrative costs. Research shows that $25.00 would be comparable with current rates charged
by counties and municipalities of the size of Randolph County.
On motion of McDowell, seconded by Haywood, the Board voted unanimously to approve the
Zoning Permit Fee of $25.
Resolutions for LOBS for Trinity Middle School
Aimee Scotton, Associate County Attorney, said there is a need for a new middle school in the
Trinity area. The Board has made the decision to finance the cost of constructing this school
through the issuance of local obligation bonds. The first step in beginning this process is to make
certain findings, namely that:
• The proposed installment financing is necessary or expedient; and
• The proposed installment financing is preferable to a general obligation bond issue for the
same purpose; and
• The sums are adequate and not excessive for the proposed purpose; and
• The County's debt management procedures and policies are good and will continue to be
managed in strict compliance with the law; and
• No increase in taxes will be necessary due to the proposed installment financing; and
• The County is not in default regarding any of its debt service obligations.
If the Board makes the above findings and wishes to proceed with the financing and
construction of the middle school, then it is necessary to pass the attached resolution entitled
"Resolution Making Certain Findings and Appointments and Requesting Approval of the Local
Government Commission." This resolution memorializes those findings, authorizes County staff
to file an application for approval of the financing with the Local Government Commission, and
appoints Robinson Bradshaw & Hinson, P.A. as our bond counsel for this transaction.
If the Board passes the resolution making the findings, the next step is to hold a public hearing
on whether to proceed with the proposed financing and on whether the County should acquire the
school property on which the proposed middle school will be built. For the County to build the
school and finance it in this manner, it is necessary for the County to own the property since that
property will serve as the collateral for the project. The County then leases it back to the school
board for the term of the financing. If the Board intends to proceed, please approve the attached
resolution entitled "Resolution Calling a Public Hearing on Whether the Board of Commissioners
for the County of Randolph, North Carolina Should Approve a Proposed Installment Financing to
Finance a Portion of the Cost of Various Projects and Whether Said County Should Acquire
Certain School Property Included in Such Projects." This resolution sets the Public Hearing on
the financing and the property acquisition for the regular meeting on June 3, 2019.
05/06/19
On motion of Frye, seconded by Allen, the Board voted unanimously to approve the Resolution
Making Certain Findings and Appointments and Requesting Approval of the Local Government
Commission, as follows:
RESOLUTION MAKING CERTAIN FINDINGS AND APPOINTMENTS AND
REQUESTING APPROVAL OF THE LOCAL GOVERNMENT COMMISSION
WHEREAS, the County of Randolph (the "County') has determined to finance a
portion of the cost of acquiring, constructing, equipping and improving a new middle
school (the "Project'); and
WHEREAS, the County is considering undertaking an installment financing
pursuant to G.S. §160A-20, as amended, for the purpose of providing funds in an
amount not to exceed $37, 000, 000, with other available funds, for the construction and
other accomplishment of the Project;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners as
follows:
1. A public hearing shall be held at 6: 00 P.M. on June 3, 2019 at the 1909 Randolph
County Historic Courthouse Meeting Room, 145-C Worth Street, Asheboro,
North Carolina 27203, for the purpose of considering whether the Board of
Commissioners for the County (the "Board') should approve (a) such proposed
installment financing and certain related documents pursuant to G.S. §160A-20,
as amended, for the purpose of providing funds in an amount not to exceed
$37,000,000, with any other available funds, for the construction and other
accomplishment of the Project and (b) such proposed acquisition of the site of the
Project and improvements thereon pursuant to G.S. §153A-158.1 as amended.
The County would secure the repayment by it of moneys advanced pursuant to
such proposed agreement by granting a security interest in all or a portion of the
Project and certain related property.
2. The Clerk to the Board shall cause a notice ofsuch public hearing to be published
in The Courier -Tribune once at least 10 days before June 3, 2019.
3. This resolution shall take effect immediately upon its passage.
On motion of Frye, seconded by Kidd, the Board voted unanimously to approve the Resolution
Calling a Public Hearing on Whether the Board of Commissioners for the County of Randolph,
North Carolina Should Approve a Proposed Installment Financing to Finance a Portion of the
Cost of Various Projects and Whether Said County Should Acquire Certain School Property
Included in Such Projects, as follows:
RESOLUTION CALLING A PUBLIC HEARING ON WHETHER THE BOARD
OF COMMISSIONERS FOR THE COUNTY OF RANDOLPH, NORTH
CAROLINA SHOULD APPROVE A PROPOSED INSTALLMENT FINANCING
TO FINANCE A PORTION OF THE COST OF VARIOUS PROJECTS AND
WHETHER SAID COUNTYSHO ULD ACQUIRE CERTAIN SCHOOL
PROPERTYINCLUDED INSUCHPROJECTS
WHEREAS, the County of Randolph (the "County') has determined to finance a
portion of the cost of acquiring, constructing, equipping and improving a new middle
school (the "Project'); and
05/06/19
WHEREAS, the County is considering undertaking an installment financing
pursuant to G.S. §160A-20, as amended, for the purpose of providing funds in an
amount not to exceed $37,000, 000, with other available funds, for the construction and
other accomplishment of the Project, and the County is authorized to do so only after
a public hearing on such proposed agreement; and
WHEREAS, in connection with the proposed installment financing, the County is
considering acquiring from the Randolph County School System Board of Education
an interest in the real and personal property included in the Project, including
specifically the site of the Project and the improvements thereon, for use by the
Randolph County School System and, pursuant to G.S. §153A-158.1 as amended, the
County is authorized to do so only after a public hearing on whether the County should
acquire such property; and
WHEREAS, it is necessary to call a public hearing on such proposed agreement;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners as
follows:
1. A public hearing shall be held at 6: 00 P.M. on June 3, 2019 at the 1909 Randolph
County Historic Courthouse Meeting Room, 145-C Worth Street, Asheboro,
North Carolina 27203, for the purpose of considering whether the Board of
Commissioners for the County (the "Board') should approve (a) such proposed
installment financing and certain related documents pursuant to G.S. §160A-20,
as amended, for the purpose of providing funds in an amount not to exceed
$37,000,000, with any other available funds, for the construction and other
accomplishment of the Project and (b) such proposed acquisition of the site of the
Project and improvements thereon pursuant to G.S. §153A-158.1 as amended.
The County would secure the repayment by it of moneys advanced pursuant to
such proposed agreement by granting a security interest in all or a portion of the
Project and certain related property.
2. The Clerk to the Board shall cause a notice ofsuch public hearing to be published
in The Courier -Tribune once at least 10 days before June 3, 2019.
3. This resolution shall take effect immediately upon its passage.
Emergency Telephone System
Will Massie, Finance Officer, said when the Emergency Services Headquarters Capital Project
was begun, Randolph County requested an increase in the annual emergency telephone system
funding from the NC -911 Board, to assist with the additional technology in the new facility.
Randolph County presented a detailed listing of the technology needed for 2016-17, and the NC -
911 Board provided an additional $1.2 million.
However, during the 2016-17 cost settlement with the NC911 Board, they notified Randolph
County they would not allow a substantial amount of these project costs. Randolph County staff
has been negotiating with the NC 911 Board staff to reduce the settlement amount, but have largely
been unsuccessful. The final settlement of $449,894.79 will have to be returned to the Emergency
Telephone System Fund.
Approximately $405,000 has been retained in the ESHQ Capital Project Fund in case of this
possibility, with the remaining $45,000 coming from the General Fund.
05/06/19
Please approve the following budget amendments for the Emergency Telephone System Fund,
the General Fund, and the Emergency Services Headquarters Capital Project. This will close out
the ESHQ project.
On motion of Haywood, seconded by Allen, the Board voted unanimously to approve the
Emergency Telephone System reimbursements and associated Budget Amendments for both FYs
2016-2017 and 2017-2018, as follows:
2018-2019 Budget Ordinance
General Fund—Emergency Telephone System Fund
Budget Amendment #50
Revenues
Increase
Decrease
Transferfirom General Fund
$45,000
$8,000
Transfer from Emergency Services
$405,000
Increase
Headquarters Capital Project
Transfer to Emergency Telephone
System Fund
$405, 000
Appropriations
Increase
Decrease
E-911 system
$450,000
2018-2019 Budget Ordinance
General Fund—Budget Amendment #51
Revenues Increase Decrease
Appropriated Fund Balance $72,500
Appropriations Increase Decrease
Transfer to Emergency Telephone $72,500
System
2018-2019 Budget Ordinance
Emergency Services Headquarters Capital Project—Budget Amendment #8
Revenues
Increase
Decrease
Sales Tax Reimbursements
$1,155
Interest on Investments
$8,000
Appropriations
Increase
Decrease
Transfer to Emergency Telephone
System Fund
$405, 000
Professional Services
$44
Furniture & Fixtures
$17,636
Construction
$380,475
CCG Range and Training Complex, LLC. Update
Ben Morgan, County Attorney, stated that Judge Long sat for Civil Superior Court during the
week of April 29th. Because Judge Long is a local judge, he was not able to rule on the gun range
case. The next Civil Superior Court session is scheduled for the week of May 28th
County Manager's Update
05/06/19
Mr. Johnson had no updates.
Commissioners Updates
Commissioner Haywood presented some statistics on Animal Shelters in other counties. She
compared population of the county, the number of animals in the shelter for last year, and the cost
per animal spent. She concluded that Randolph County does have a higher kill rate although that
had improved from the previous year. In her review, the number of animals served was highest in
Randolph County and the cost per animal was one of the lowest. She agreed that the kill rate
needed to continue to reduce but noted that the Animal Shelter staff had made improvements. She
stated there were three management options used in North Carolina; Public Health, Sheriffs
Office, and the Shelter as a separate department. She said she wanted the Commissioners to be
aware of this information when thinking through the budget process.
Adiournment
At 8:23 p.m. on motion of McDowell, seconded by Allen, the Board voted unanimously to
adjourn.
Darrell Frye, Chairman David Allen
Kenny Kidd
Hope Haywood
Maxton McDowell
Dana Crisco, Clerk to the Board
05/06/19
NORTH CAROLINA
RAND OLPH COUNTY
AGREEMENT
FOR FIRE PROTECTION
Attachment A
THIS AGREEMENT, made, entered into, and effective this 1ST day of July
2019, by and between Randolph County, a body politic and corporate,
hereinafter referred to as the "County" and , hereinafter
referred to as the "Department" and also collectively referred to as the
"Parties."
WITNESSETH:
WHEREAS, North Carolina General Statute 153A-305 provides that a
county may provide for fire protection in a fire protection county service
district by contracting for said services; and
WHEREAS, the Department agrees to contract with the County to provide
fire protection and rescue services; and
WHEREAS, the Department is an incorporated North Carolina city or town
or a North Carolina community fire department or a 501 C(3) or 501 C(4)
nonprofit corporation organized and authorized to furnish fire protection,
medical first responder, rescue to the certification level of the Department and
emergency services authorized by its charter to the citizens of a district; and
WHEREAS, the fire protection county service
district of Randolph County, hereinafter referred to as the "District" has
boundaries defined by description on file in the Randolph County Fire
Marshal's Office; and
WHEREAS, the Department has secured equipment, land and building(s)
for the operation of fire station(s) to serve the citizens of the District; and
WHEREAS, the County levies and collects special tax(es) and is
responsible for appropriating the funds derived therefrom for fire protection in
the County; and
WHEREAS, the County and the Department desire to enter into this
Agreement for the Department to furnish fire protection, medical first
responder, rescue to the Department's level of certification and emergency
services within the described District.
NOW, THEREFORE, in consideration of the mutual promises contained
herein and other good and valuable consideration, the Parties hereto contract
and agree as follows:
Section A. Responsibilities of the County
The County shall cause to be assessed or levied a special tax of up to
fifteen cents (50.15) per one hundred dollar (S 100) valuation of all real or
personal property in the District unless otherwise limited or prohibited
by law or a vote of the people and will collect said tax as a part of the ad
valorem taxes of Randolph County. The amount of tax levied shall be set
by the Randolph County Board of Commissioners and shall be based
upon the needs projected in the budget request submitted by the
Department to the County.
2. The County shall maintain a special or separate fund for the funds
collected as a result of the tax referenced in paragraph A(1) above.
3. The County shall remit to the Department monthly the funds collected in
accordance with paragraph A(1) above.
4. The County shall furnish 911 communications services and shall dispatch
the Department in response to calls received by said service.
5. When requested by the Incident Commander, the County shall provide
fire origin and cause investigation services.
6. When requested by the Department, the County shall provide emergency
management assistance in accordance with the Randolph County
Emergency Operation Plan.
7. The County shall provide an on-site ambulance for controlled burn
exercises conducted by the Department provided the Department has
given the County at least fifteen (15) days advance notice of said exercise.
8. The County shall coordinate and manage the Fire Service Advisory
Council.
Section B. Responsibilities of the Department
The Department shall provide and furnish fire protection services and
shall provide the necessary equipment, personnel, and other resources as
determined by the North Carolina Department of Insurance, Fire and
Rescue Service Division and the Insurance Service Office for all persons
and property located within its District, shall maintain at least a 9S
insurance rating, and shall furnish all services free of charge to any
person or individual residing within the District.
2. The Department shall furnish rescue and first responder services,
including the necessary equipment, personnel and other resources, to its
level of certification by the North Carolina Association of Rescue and NC
OEMS within the District, said services to be provided free of charge to
any person or individual residing within the District. The Emergency
Services Director, with input from the Fire Chief, will determine the types
and severity of medical and rescue calls to be dispatched to the
Department.
Notwithstanding the foregoing, nothing in this Agreement shall preclude
the Department from making claims against an insurance company for
services provided pursuant to Section B, Paragraphs 1 and 2 above.
Furthermore, nothing in this Agreement shall prohibit the Department
from entering into contracts with the federal, state or local government
or with utility companies for the provision of fire protection services for
a fee, nor shall it prohibit the Department from requesting
reimbursement for specialized incidents.
4. The Department agrees that all funds paid to it by the County shall be
used exclusively to provide the services outlined in B(1) and (2) above.
The Department shall operate at all times in compliance with all
applicable state and local laws, regulations and plans, including but not
limited to applicable guidelines published by the N.C. Department of
Insurance, Office of State Fire Marshal, the Randolph County Fire
Communications Standard Operating Guidelines, directives from the
Randolph County Fire Marshal, the Randolph County Emergency
Operations Plan, and the Randolph County Emergency Medical System
Plan. A failure by the department to comply with the terms of this
paragraph shall result in suspension, in accordance with Section C,
Paragraph 3 below, of monthly tax remittals to the Department by the
County until such time as the Department complies.
6. The Department's Incident Commander shall make an attempt to
determine the origin of any fire to which the Department responds before
requesting services from the County as provided in paragraph A(5) above.
7. The Department shall file with the County Fire Marshal's Office a current
list of its Board of Directors, with contact information, a roster of its
Department personnel, a list of apparatus including pump and tank sized
and specialized fire suppression equipment, and a certificate of
insurance evidencing the coverage required in paragraph 11 below no
later than July 31ST of each year.
8. The Department shall file with the County Fire Marshal's Office a true
copy of its Articles of Incorporation and Bylaws, and shall furnish any
changes thereto not less than thirty (3 0) days prior to their effective
dates. The Department shall provide a copy of its standard operating
guidelines/procedures upon the request of the County.
9. The Department shall allow the County to inspect all books and accounts
of the Department at any reasonable time. It is further agreed that the
Department shall present to the County an annual audit and
accompanying management letter prepared according to generally
accepted accounting principles (GAAP) and generally accepted auditing
standards prepared by an independent certified public accountant for the
preceding fiscal year within nine months of the end of that fiscal year A
failure by the Department to comply with the terms of this paragraph
shall result in the suspension, in accordance with Section C, Paragraph 3
below, of monthly tax remittals to the Department by the County until
such time as the Department complies.
lO.The Department shall comply with County budgeting procedures and any
procedure provided by state law and shall submit annual budget
estimates in accordance with established County budget timetables along
with a supporting letter of request for a proposed tax rate signed by the
Department's president upon approval by its Board of Directors.
I I.The Department shall obtain and keep in force during the term of this
Agreement, and any extension hereof, at least the following minimum
insurance coverage. Certificates of insurance evidencing said coverage
shall be submitted by the Department to the County for verification. For
all types of insurance listed, volunteers and employees shall be included
as insureds.
a. Worker's Compensation—Coverage of all volunteer firefighters and
employees for statutory limits in compliance with applicable state
and federal laws.
b. Comprehensive General Liability, Including professional health care
liability —coverage with minimum limits of $1,000,000.00 per
occurrence combined single limit for bodily injury liability and
property damage liability.
Business Auto Policy—Coverage with minimum limits of
$1,000,000.00 per occurrence combined single limit for bodily
injury liability and property damage liability. This shall include
owned vehicles, hired and non -owned vehicles and employee non-
ownership. Coverage for physical damage to vehicles shall be a
minimum of replacement value.
d. Professional Errors and Omissions, Including Officers and
Directors—Coverage with minimum limits of $1,000,000.00 per
claim and $2,000,000.00 aggregate.
e. Property insurance protecting against the risk of direct physical
loss or damage written on a Guaranteed Replacement Cost Basis.
f. Umbrella Liability—Coverage with a minimum limit of
$1,000,000.00 with underlying coverage of auto liability,
employee's liability and errors and omissions liability.
12.The Department agrees to conduct regular meetings that are open to the
public.
13.In connection with the performance of this Agreement, the Department
agrees not to discriminate against any employee, member, or applicant
for employment or membership because of race, religion, color, sex, age,
disability or national origin.
14.The Department agrees that its Board of Directors has a duty to manage
its employees, its volunteers and its Fire Chief. The Department shall
hold harmless and indemnify the County from and against any and all
liability and expenses including attorney fees, court costs and other costs
incurred by the County caused by any act or omission of the Department,
its agents, volunteers and employees.
15.The Department agrees to cooperate with the other fire
departments/districts in the County to provide mutual aid and automatic
aid when necessary for the benefit of the citizens of Randolph County.
16.The Department agrees that it will participate in the Fire Service Advisory
Council (FSAC) as provided in the FSAC by-laws.
C. General Provisions
Independent Contractor. All services performed by the Department
pursuant to this Agreement are performed as an independent contractor
pursuant to the control and authority of its own board and fire chief.
Nothing in this Agreement is intended or shall be construed to make the
Department an agent of the County.
2. Effective Date. This Agreement is effective as of July 1, 2019.
Suspension of Tax Remittals. In the event the Department breaches this
Agreement by failing to comply with the terms of Section B, Paragraph 4
or Section B, Paragraph 9, the tax remittals from the County to the
Department described in Section A, Paragraph 3 above shall be
suspended until the Department comes into compliance. The following
procedures shall be followed in effecting a suspension:
a) A seven -member review committee shall be convened to examine
the actions or omissions constituting the breach. The standing
members of the committee shall be the Randolph County
Emergency Services Director, the Randolph County Fire Marshal,
the Randolph County Finance Director and a Randolph County
Commissioner. The remaining three (3) members (rotating
members) shall be current fire chiefs of fire departments located in
Randolph County, provided, however, that the fire chief of the
Department alleged to have breached this Agreement may not be
on the review committee. The rotating members may vary per
event and shall be chosen by the standing members of the
committee.
b) If, after examining the circumstances, the committee agrees that a
breach has occurred, it shall issue a letter instructing the
Department to cure the breach within thirty (30) days of the date of
the letter.
c) If the Department cures the breach within the thirty -day time
frame, tax remittals shall continue to issue to the Department
without interruption.
d) If the Department fails to cure the breach within the thirty -day
time frame, then tax remittals shall be suspended to the
Department until such time as the breach has been cured.
e) In the event that tax remittals are suspended pursuant to this
Paragraph, the Department's responsibilities as outlined in Section
B shall continue to be in force and effect.
4. Term/Renewal. The term of this Agreement is five (5) years.
5. Termination. This Agreement may be terminated by either party upon
advance written notice to the other party by certified mail at least ninety
(90) days prior to the termination.
6. Liquidation/Dissolution. In the event of a liquidation or dissolution of
the Department pursuant to cessation of services or action by the
Department's board or other governing body, all equipment and assets
owned by the Department and not otherwise required for retirement of
lawful debt will be distributed in accordance with the Department's
charter and the North Carolina Non -Profit Corporations Act, except that
all assets, equipment and real property acquired with tax funds collected
by Randolph County shall be assigned to the County in a proportion
equivalent to the proportion of the County's tax fund contribution to the
Department's budget at the time the asset, equipment and/or real
property was acquired. Said assets will be used by or distributed by the
County to a substitute department in such a manner as to ensure that
fire protection continues to be provided in the district whose taxes were
used to purchase said assets.
7. Binding/Non-Assignment. This Agreement shall be binding upon and
inure to the benefit of the parties and their respective successors, legal
representatives and assigns, but this Agreement may not be assigned by
either party without the prior written consent of the other party, which
consent may be withheld in the sole discretion of a party.
8. No Third Party Benefit. This Agreement is not intended to serve for the
benefit of any third party. The rights and obligation contained herein
belong exclusively to the entities who are parties hereto.
9. Amendments. This Agreement may not be amended except by written
agreement of the parties.
lO.Severability. If any provision of this Agreement is held to be
unenforceable, then said provision will be modified to reflect the parties'
intentions. All remaining provisions of this Agreement shall remain in
full force and effect.
II.No Waiver. The failure of either party to exercise any right granted
hereunder or to insist upon strict compliance by the other party with its
respective obligations shall not constitute a waiver by either party to
require exact compliance with the terms hereof.
12.Entire Agreement. This Agreement sets forth the entire Agreement
between the parties regarding this subject matter. All prior contracts,
conversations or writings between the parties hereto or their
representatives are merged within and extinguished.
IN WITNESS WHEREOF, the County and the Department have set their hands
and seals, all pursuant to authority duly granted as of the day and year first
above written.
ATTEST:
Dana S. Crisco
Clerk to the Board
ATTEST:
Corporate Secretary
(CORPORATE SEAL)
RAND OLPH COUNTY
Darrell L. Frye, Chairman
Randolph County Board of Commissioners
FIRE DEPARTMENT
President, Board of Directors
Fire Department
Fire Chief
Fire Department
APPROVED AS TO CONTENT:
Donovan L. Davis, Director
Randolph County Emergency Services
This instrument has been preaudited in the manner required by the Local Gov't
Budget and Fiscal Control Act.
William L. Massie, Finance Officer
Randolph County Government