010421January 4, 2021
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.
Chairman Darrell Frye, Vice -Chairman David Allen, Commissioner Kenny Kidd, Commissioner
Maxton McDowell, and Commissioner Hope Haywood were present. Also present were County
Manager Hal Johnson, Finance Officer Will Massie, Deputy Clerk to the Board Sarah Pack, and
Clerk to the Board Dana Crisco. County Attorney Ben Morgan was absent. Representative Allen
McNeill gave the invocation and everyone recited the Pledge of Allegiance. Required social
distancing was maintained and face coverings were worn throughout the meeting due to the
COVID-19 pandemic. The meeting was livestreamed on Facebook. The public could attend the
meeting but the meeting room capacity was limited to 30 people due to the increase in COVID-
19 cases in the county.
Special Recognitions
House of Representatives member Allen McNeill was sworn in for his new term by the
Honorable Jimmy Hill.
Allison Walker, 4-H Professional, honored several 4-H youth members for their achievements
in 2021. She thanked the Board for their support of Randolph County youth.
Public Comment Period
Pursuant to N.C.G.S. § 153A-52.1, Chairman Frye opened the floor for public comment and
closed it after everyone wishing to speak had done so. County Manager Hal Johnson read aloud
the Public Comment Rules of Procedure.
Janet Pate, 3901 Hillsdale Park Drive, Sophia, expressed her concerns over the December
County Commissioner appointment of Alan Ferguson to the Randolph County Board of
Health. Ms. Pate was granted additional time beyond the normal three minutes by the
Commissioners and read from her prepared statement outlining specific concerns. This statement
was presented to the Clerk and is attached as Attachment A.
Chairman Frye commented that the first statement she made about not allowing an item to be
taken off of the Consent Agenda was incorrect. The appointment item was removed and
considered separately at the request of Commissioner Kidd. He also reminded everyone that the
Randolph County Board of Commissioners has not put any restrictions on citizens above what the
Governor has mandated.
Bill Palmer, Friends of the Randolph County Sheriff s Office ("Friends") President, said that
"Friends" was a volunteer nonprofit 501c3 corporation. They work with public service entities
throughout Randolph County. Fundraisers and raffles have been held to raise money for public
servants. "Friends" funding was used to purchase a granite memorial outside the Sheriffs Office.
Their fundraising also purchased a K-9 officer and equipment such as protective vests and a kennel
for the SRO division as well as several pieces of equipment for public safety departments. It came
to the attention of the "Friends" that the Special Operations Division needed additional specialty
1/4/21
gear. He presented Chairman Frye a check for $6456.50 to be used for the benefit of the Sheriff's
Office.
Beth Yates, 1012 Iron Mountain View Road, Asheboro, stated that she was also concerned
about Mr. Ferguson's appointment to the Public Health Board. She read from an excerpt that she
indicated was written by Mr. Ferguson. She did not want her rights to be violated concerning the
option of receiving a COVID-19 vaccine.
Commissioner Haywood reminded the audience that the Board of Health meets publicly.
Citizens can get the link to see the meeting and speak in Public Comment. Those Board members
would appreciate feedback and interest from the citizens.
Larry Cheek, 6400 HWY 22, Ramseur, said at the last meeting it was discussed that something
needed to be done about the pandemic. He did not feel that the appointment of Mr. Ferguson
showed diversity on that Board. He thought that appointment was not properly vetted by the
Commissioners.
Sarah Cheek, 6400 HWY 22, Ramseur, stated that she and her children had recently engaged
themselves in local government. She felt that the appointment of Mr. Ferguson was not fully
discussed. She also found that "Mr. Ferguson's Facebook post was distressing." She hopes action
will be taken.
Consent Agenda
On motion ofAllen, seconded by Kidd, the Board voted unanimously to approve the Consent
Agenda, as presented, as follows:
• approve Regular Meeting Minutes of December 7, 2020 and Zoning Meeting
Minutes ofDecember 14, 2020;
• appoint Dennis Mabe to the Piedmont Triad Regional Water Authority;
• approve Budget Amendment 2020 Building Reuse Grant Match ($99,500), as
follows:
2020-2021 Budget Ordinance
General Fund—Budget Amendment # 35
Revenues
Increase Decrease
Restricted Intergovernmental
$90,000
Miscellaneous
$3,600
Transferfrom ED Reserve
$5,900
Appropriations
Increase Decrease
Other Economic and Physical
Development
$99,500
• approve Budget Amendment Social Services LIEAP ($234,915), as follows:
2020-2021 Budget Ordinance
General Fund—Budget Amendment # 36
Revenues I Increase I Decrease
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Restricted Intergovernmental $234,915
Appropriations Increase Decrease
Social Services $234,915
• approve Budget Amendment Sheriff's Office Radar Trailer ($34,206), as
follows:
2020-2021 Budget Ordinance
General Fund—Budget Amendment # 37
Revenues Increase Decrease
Miscellaneous $34,206
Appropriations Increase Decrease
Sheriff $34,206
• approve Darrell Frye as Voting Delegate for the NCACC Legislative Conference;
• approve the County's Petition to Remain Substantially Equivalent, as requested
by the Office of State Human Resources.
Tourism Development Authority (TDA) Annual Report
Amber Scarlett, Executive Director of the TDA, gave an overview of the 2019 Annual Report
to the Board. The highlights included but were not limited to the following:
• Randolph County generated $161.65 million in travel related visitor spending.
• The county saw an increase of 5.25% in spending from 2018 and also had record-breaking
visitation welcoming more than 1.4 million visitors.
• Revenues totaled $9.7 million in state tax collections and $2.62 million in local tax
collections. Randolph County supported 1,080 tourism direct jobs contributing to more
than $26.33 million in payroll income for the County.
• Sales taxes collection allowed a total tax savings of $85 per Randolph County resident in
2019.
Chairman Frye asked what the revenues for 2020 might look like. Ms. Scarlett said they would
be significantly lower due to the pandemic.
Commissioner Haywood commented that Randolph County had two Visitors Centers whereas
other counties have one. She asked if the funding given to Randolph County was the same amount
given to other counties that only have one visitor center. Ms. Scarlett replied yes.
Annual Audit Report
April Adams, Partner, Cherry Bekaert LLC, presented and reviewed the County's
Comprehensive Annual Financial Report for year ending June 30, 2020, via Zoom conferencing
software. She reviewed the metrics used in performing the audit. She stated there were no
adjustments to journal entries, no significant deficiencies were identified, and said the firm gave
the County an unmodified opinion on the financial statements. There were no significant
deficiencies in internal controls. There was one issue with Medicaid that was documented. She
commended the County's Finance Office staff for their work and assistance.
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Chairman Frye explained that this year's audit was very important to the County especially in
regards to saving Randolph Health.
Finance Officer Will Massie stated the financial assistance programs Ms. Adams mentioned as
part of the single audit were mostly with Social Services and Public Health. These departments
have been heavily impacted by the COVID-19 crisis.
Commissioner Allen was amazed at the amount of work that goes into the audit. He
commended Mr. Massie and his staff for all they do throughout the year.
On motion of McDowell, seconded by Allen, the Board voted unanimously to accept the audit
report.
Add Title of Attorney II to the Classification Plan
Tracie Murphy, Department of Social Services (DSS) Director, said recruiting and maintaining
experienced Child Welfare Attorneys is an important step in protecting children in Randolph
County. Experience has shown that vacancies in this position cause significant disruptions and
can be catastrophic to the efforts to keep children safe. She asked to reclassify one of the Attorney
I positions in order to appropriately align that position with its responsibilities and duties. The
current attorney has many years of experience in DSS providing legal counsel. That position is
also responsible for supporting and advising the team to meet policy and outcome requirements as
well as training and advising new attorneys. The current legal team currently consists of two
Attorney I positions, a paralegal, and a legal assistant.
The current County Classification Plan does not contain an Attorney II position. Ms. Murphy
asked the Board to consider this request to add the classification of Attorney II to the Classification
Plan.
On motion of McDowell, seconded by Allen, the Board voted unanimously to approve the
addition of an Attorney II position to the Classification Plan.
Add Title of Assistant DSS Director to the Classification Plan
Tracie Murphy, Social Services Director, asked to reclassify a current Business Officer I
position to Assistant DSS Director. Recently, new legislative bills have passed that require the
need for tighter oversight to ensure local, state, and federal level requirements are met. This change
would support that effort and bring Randolph County Department of Social Services in line with
other medium sized Social Services departments in NC.
She said her overall vision for DSS includes an Assistant Director for Operations and an
Assistant Director for Child Welfare. The County Classification Plan currently does not contain
an Assistant DSS Director position. No additional funding would be required for this position
change.
On motion of McDowell, seconded by Allen, the Board voted unanimously to approve the
addition of an Assistant DSS Director position to the Classification Plan.
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Commissioner McDowell commended the Social Services staff, especially in the last year, as
they continue to provide services to citizens. The staff has worked to meet requirements for the
measurable processes. They are always under a lot of pressure.
Memorandum of Understanding Between NCDHHS and the County
Tracie Murphy, Social Services Director, said that Session Law 2017-41 required all counties
to enter into an annual written agreement with the North Carolina Department of Health and
Human Services. FY 18-19 was the first year of the written agreements. Randolph County had
significant issues with the agreement and were one of the last counties to sign. Many of the original
27 performance measures were benchmarks that the staff and the county had very little control
over.
Since that time significant changes were made. There are 16 performance measures. Of those
16, 12 are the responsibility of DSS and four are child support measures. This year's MOU is
effective January 2021 through July 2022. The performance measures included are acceptable and
measurable.
One notable change is the public facing dashboard. This year, everyone will have the ability to
look up Randolph County's progress/outcomes on the performance measures dashboard. The
Randolph County team has worked very hard, despite challenges and looks forward to their efforts
being seen publicly. She asked the Board to please approve the Memorandum of Understanding
between the NCDHHS and the County.
On motion of Allen, seconded by Haywood, the Board voted unanimously to approve the
Memorandum of Understanding between the NCDHHS and the County attached to these minutes
as Attachment B.
Advancement of Reappraisal Cycle to Four Years
Debra Hill, Tax Assessor, proposed the advancement of the reappraisal cycle from a six (6)
year to a four (4) year cycle. Randolph County's last countywide reappraisal was effective January
1, 2019. The advancement would move the next effective reappraisal from January 1, 2025 to
January 1, 2023.
North Carolina General Statute § 105-286 requires each county to reappraise all real property
at least every eight (8) years. The statute also allows an earlier reappraisal if the board of county
commissioners adopts a resolution advancing the reappraisal. The resolution must designate the
effective date of the advanced cycle and may designate the reappraisal cycle more frequent than
the octennial cycle. The resolution must be forwarded to the North Carolina Department of
Revenue.
Commissioner Haywood said she spoke with some property owners and real estate agents who
all felt that it was a good idea.
Commissioner Allen asked if there would be any additional costs. Ms. Hill said the costs would
be advanced from six to four years.
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Commissioner McDowell stated he sees several positive outcomes in the Tax department and
other County departments. A four-year cycle is more accurate.
On motion of McDowell, seconded by Allen, the Board voted unanimously to approve the
Resolution Advancing the Revaluation Cycle from January 1, 2025 to January 1, 2023 for
Reappraisal ofRandolph County Real Property, as follows:
RESOLUTION ADVANCING THE REVALUATION CYCLE
FROM JANUARY], 2025 TO JANUARY], 2023
FOR REAPPRAISAL OF RANDOLPH COUNTY REAL PROPERTY
WHEREAS; the State of North Carolina, Department of Revenue, pursuant to
North Carolina General Statute 105-286, requires each county to reappraise all real
property at least every eight years; and
WHEREAS, the statute requires the governing body adopt a resolution to approve
the advancement and file a copy of the approved resolution to the North Carolina
Department ofRevenue; and
WHEREAS, Randolph County is currently on a six-year reappraisal cycle with the
next reappraisal scheduled for January 1, 2025; and
WHEREAS, if the scheduled date for reappraisal for Randolph County is advanced
herein, real property in this county shall thereafter be reappraised every four years
following the advanced date unless, in accordance with the provisions of that
subdivision, subsequent reappraisals are likewise advanced.
NOW, THEREFORE, BE IT RESOLVED that the Randolph County Board of
Commissioners hereby adopts this Resolution and advances the reappraisal to January
1, 2023 with a four-year cycle for subsequent reappraisals.
Close an Unnamed Street
Aimee Scotton, Associate Attorney, said she received a request to close an unnamed street that
was never built. The request was submitted by Larry McElreath. The property on one side of the
unnamed street is owned by Ruth McElreath, Mr. McElreath's mother. The street was depicted
on a plat recorded in 1953 but was never built. It is most easily viewed on the "Survey for Larry
McElreath" recorded at Book 166, Page 16, Randolph County Registry.
The procedure for closing a public road or easement is governed by North Carolina General
Statute §153A-241. The first step requires that the Board of Commissioners adopt a resolution
declaring its intent to close the road and calling for a public hearing on the question. This notice
must be published once a week for three successive weeks before the hearing, and a copy of the
resolution must be sent by registered certified mail to each owner of property adjoining the road,
as shown by the county tax records, who did not join in the request to have the road closed.
Furthermore, a notice of the closing and the public hearing must be posted in at least two places
along the portion of the road requested to be closed.
At the public hearing on February 1, 2021, interested persons are allowed to voice their views
on whether the closing will be detrimental to the public interest or to individual property rights.
After the public hearing, if the Board of Commissioners is satisfied that closing this portion of the
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road will not be detrimental to public interest and will not deprive any individual of access to his
property, the Board may adopt an order closing the road. A certified copy of this order shall then
be filed with the Register of Deeds office.
On motion of Kidd, seconded by Allen, the Board voted to approve the Resolution Declaring
the intent to Close an Unnamed, Unbuilt Street and Calling for a Public Hearing on the Question,
as follows:
RESOLUTION DECLARING THE INTENT TO CLOSE AN UNNAMED,
UNB UILT STREET AND CALLING FOR
A PUBLIC HEARING ON THE QUESTION
WHEREAS; the Randolph County Board of Commissioners has received a request
to permanently close the following unnamed and unbuilt street:
That unnamed street running between the parcel identification number 7740878113
(lots 14, 15, and 16) and parcel identification number 7740970114 (lots 17-24) as
shown on the "Survey for Larry McElreath" recorded at Plat Book 166, Page 16,
Randolph County Registry. See Attachment Afor highlighted map depicting the street
requested to be closed.
and;
WHEREAS, North Carolina General Statute § 153A-241 requires that the Board
of Commissioners hold a public hearing prior to the closing of any road to consider
the effects ofsaid closing on the public interest or on individual property rights.
BE IT THEREFORE RESOLVED that the Randolph County Board of
Commissioners hereby declares its intent to permanently close the unnamed street
described above.
BE IT FURTHER RESOLVED that the Randolph County Board of
Commissioners has set a public hearing at a meeting to begin at 6: 00 p. m. on February
1, 2021 to consider said closing and to allow for the public to be heard on this matter.
Adopt Resolution in Support of the North Carolina Association of County Commissioners
Presidential Initiative to Promote Food System Resiliency
Vice Chairman David Allen is a member of the committee for the Presidential Initiative to
Promote Food System Resiliency. Access to food is a basic human need and necessity to society.
People who are food insecure have a wide impact on the community. Food insecurity impacts
community health as a whole. He asked that the Resolution in Support of North Carolina
Association of County Commissioners Presidential Initiative to Promote Food System Resiliency
be approved by the Board.
Chairman Frye asked Social Services Director Tracie Murphy to comment on food insecurity.
Commissioner McDowell asked Ms. Murphy if specific areas had food insecurity or if it was
a widespread issue. Ms. Murphy said she did not know the answer to that question, but the issue
is likely widespread throughout the community.
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Commissioner Kidd responded that the Asheboro City School provides free and reduced
lunches to 75% or more of their students.
Commissioner Allen said statewide, the insecurity exists in urban and rural areas. Distribution
is much more difficult in rural areas.
On motion of Allen, seconded by Haywood, the Board voted unanimously to approve the
Resolution in Support of North Carolina Association of County Commissioners Presidential
Initiative to Promote Food System Resiliency, as follows:
Resolution in Support of
North Carolina Association of County Commissioners
Presidential Initiative to Promote
Food System Resiliency
WHEREAS, access to heathy food is a basic human need and is vital to the well-
being of a community; and
WHEREAS, all 100 North Carolina counties are committed to ensuring the needs
of their citizens are being met; and
WHEREAS; food security, defined as reliable access to quality, affordable food is
vital to a thriving community and food insecurity threatens the fabric of a healthy
society; and
WHEREAS, according to Feeding America's annual Map the Meal Gap study,
conducted to improve our understanding offood insecurity and food costs at the local
level, the average food insecurity rate across North Carolina's counties is 14 percent.
Feeding America projects that the rate will rise to 19.3 percent due to the pandemic
and the child food insecurity rate will rise from 19.3 percent to 28.6 percent; and
WHEREAS, according to the 2020 NCACC Map Book, the food insecurity rate in
Randolph County is 12 percent and children living in poverty is 21 percent; and
WHEREAS, food insecurity, according to the Food and Research Action Center,
has detrimental and costly effects to mental and physical health such as depression,
obesity, and hypertension; and
WHEREAS, the current pandemic is only further exacerbating the issue of food
insecurity and families are facing difficult decisions about how to make ends meet,
including whether they can afford the food they need; and
WHEREAS; according to State off cials, agriculture and agribusiness account for
17% ofall jobs in the state with an annual economic impact of $91.8 billion and are a
vital aspect of the economy in North Carolina; and
WHEREAS, according to the North Carolina Department ofAgriculture, Randolph
County ranks in the top ten counties in North Carolina in the production of cattle and
poultry generating nearly $230 million in cash receipts; and
WHEREAS, county commissioners have a responsibility to ensure the basic needs
of their citizens are met; and
WHEREAS; the North Carolina Association of County Commissioners (NCACC),
under the direction of President Ronnie Smith, is leading a task force to address food
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system resiliency to help counties take actions to ensure their resources are getting to
the people in need; and
WHEREAS, the NCACC Task Force will be meeting to examine the various issues
regarding the creation and sustainability of a resilient food system for North Carolina
residents; and
WHEREAS, by supporting our farmers, supply chains, agribusiness, food industry,
and food insecure families, we can build resilient communities.
NOW, THERFORE, BE IT RESOLVED, that the Randolph County Board of
County Commissioners does hereby support the work of the NCACC Task Force, will
commit to examining the food system in Randolph County, and will take steps to help
strengthen the food system in the service ofsustaining a thriving community.
County Manager Update
County Manager Hal Johnson had no comments.
Commissioner Updates
Chairman Frye said the County was still working with the hospital to finalize new ownership.
The bankruptcy process is moving very slowly. The application for the Rural Health Care
Stabilization funds is not complete and will likely not be finished to meet with the LGC before
March.
For County employees, he mentioned that a plan is being considered to compensate employees
that cannot come to work because someone around them has been diagnosed with COVID-19.
Closed Session
At 8:17 p. m., on motion ofAllen, seconded by McDowell, the Board voted unanimously to enter
into closed session pursuant to NCGS 143-318.11(a)(4) to discuss matters relating to the location
or expansion of industries or other businesses in the area served by the public body, including
agreement on a tentative list of economic development incentives that may be offered by the public
body in negotiations.
Resume Regular Meeting
At 8: 50 p.m., regular session resumed.
Economic Development Public Hearing
On motion of McDowell, seconded by Kidd, the Board voted unanimously to hold a Public
Hearing to consider an economic development project with Samet Corporation on February 1,
2021 at 6 p.m.
Adjournment
At 8:52 p.m. on motion of Allen, seconded by McDowell, the Board voted unanimously to
adjourn.
Darrell Frye, Chairman David Allen
1/4/21
Kenny Kidd
Hope Haywood
Maxton McDowell
Dana Crisco, Clerk to the Board
1/4/21
Attachment A
The last commissioner meeting a request was made to move a nomination for
the Randolph Health board from the consent agenda to discuss separately.
Much of the board denied the request from a fellow member to discuss the
nomination which results in disrespect of concerns from an equal member.
Why? Under the Rules of Procedure, Rule 8 item D states that, Routine
agenda items may be designated under a section of the agenda called
"consent agenda" and will be approved in one motion without discussion.
Upon request by any one Board member, any item listed under the consent
agenda shall be removed from the consent agenda and considered
separately. Why was this not followed?
After backlash of a rant made by this appointee on social media, a comment
from a board member was made on the same social media platform that we
should have diversity in our county and on these board appointments in which
taxpayers do not vote for. These appointments make recommendations to the
commissioners based on research and knowledge of the prospective board
they are voted to be a part of. Diversity/Equality is being used as an excuse to
push unconstitutional recommendations to the American people. There is no
such thing as Equality because no two people are or ever will be equal. We all
bring different attributes to the table. These attributes are not to interfere with
one's individual liberties which constitutes an unconstitutional act if those
individual liberties are denied. Diversity is offering differing ideas. Taking away
one's different ideas and demanding the removal of individual freedom is
Communism. Certainly, this appointee is guaranteed his first amendment
right, but it does not reflect the same as the majority of Randolph county and
certainly not constitutional. This type of communist thinking does not belong a
part of our boards.
An unconstitutional act is no law, null and void from its enactment, and no one
is bound to enforce it "16 Amjur Prudence"
Constitution Law Section 16Am Jur 2d: 16Am Jur 2d., Sec. 97: "Then a
constitution should receive a literal interpretation in favor of the Citizen, is
especially true, with respect to those provisions which were designed to
safeguard the liberty and security of the Citizen in regard to person and
property."
For any nominated member of any board that negatively affects the American
citizens rights of liberty and security of a person or property is unconstitutional
and an enemy of America. This virus was released to the world by the China
Communist Party is an attack on Western civilization, capitalism and the
constitution of the United States. The entire purpose of the attack is for our
constitution and economy to be destroyed and communism take over.
The layman definition of capitalism is the economic system in which people
and businesses engage in manufacturing, trading, and exchanging products
and services without government interference. A free-market capitalist system
works in a more efficient manner when not tampered with by government or
central bank intervention in the credit markets, monetary policy, and interest
rate fixing. More and more over the years, local governments have placed
more regulations hindering the free market which is an attack on individual
freedom. An example is the unconstitutional act that is currently occurring is
the closing of businesses or restricting their hours of operation and how they
conduct business. To suggest that any citizen to do something that goes
against our individual freedom that includes denying them of services, the
ability to move about freely, buy, sell or trade is unconstitutional and an attack
on individual freedom. To merely suggest citizens to have their bodies injected
with a substance or be denied individual freedoms are unconstitutional. You,
as elected officials are bound by our constitution to adhere to the document.
Anything suggested otherwise is Aniti-America. Nowhere in the listed
responsibilities for a county commissioner states that the board regulates and
makes decisions for a citizen's health.
I am asking the board of commissioners to add the discussion to the agenda
of the appointment of Mr. Ferguson on the Randolph county health board and
remove him due to his comments relating to the attack on our individual
freedoms. This is not a Conservative, liberal, republican or democrat issue.
This is an attack on our individual freedoms and the constitution.
AlanFerguso
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MEMORANDUM OF UNDERSTANDING
(FISCAL YEAR 2020-21 and 2021-22)
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 January 1, 2021, 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 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
Page 1 of 10
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 parry the County enters into a contractual relationship with for the complete
administration of one or more social services programs covered by this MOU. Temporary
employees hired by the County shall not be considered subcontractors under this MOU.
Assignment: No assignment of the County's obligations or the County's right to receive any
funding made in any way concerning the matters covered by this MOU hereunder shall be
permitted.
2.0 Terms of the MOU
The term of this MOU shall be for a period of one year beginning January 1, 2021 and ending
June 30, 2022.
2.1 Default and Modification
Default: In the event the County fails to satisfy the mandated performance requirements as set
forth in Attachment I or fails to otherwise comply with the terms of this MOU, the Department
may withhold State and/or federal funding. Any such withholding shall be in compliance with,
and as allowed by, state and/or federal law.
Performance Improvement: Prior to the Department exercising its authority to withhold State
and/or federal funding for a failure to satisfy the mandated performance requirements set forth in
Attachment I or failure to meet the terms of this MOU, the process for performance improvement
set forth in N.C. Gen. Stat. § 108A-74 will govern. Nothing contained in this MOU shall supersede
or limit the Secretary's authority to take any action otherwise set forth in N.C. Gen. Stat. § 108A-74.
Waiver of Default: Waiver by the Department of any default or breach in compliance with the
terms of this MOU by the County shall not be deemed a waiver of any subsequent default or breach
and shall not be construed to be modification of the terms of this MOU unless stated to be such in
writing, signed by an authorized representative of the Department and the County and attached to
the MOU.
Force Majeure: Neither Parry shall be deemed to be in default of its obligations hereunder if and
so long as it is prevented from performing such obligations by any act of war, hostile foreign
action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, public
health emergency or other catastrophic natural event or act of God.
Modification: The terms and conditions of this MOU may only be modified by written agreement
of the Parties, signed by an authorized representative of the Parties.
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3.0 MOU Documents
The Recitals and the following attachments are incorporated herein by reference and are part of
this MOU:
(1) The portions hereof preceding the Terms of Understanding, including but not limited to the
introductory paragraph and the Recitals, which are contractual as well as explanatory
(2) The Terms of Understanding
(3) Attachment I — Mandated Performance Requirements:
a. I -A: Energy Programs
b. I -B: Work First
c. I -C: Food and Nutrition Services
d. I -D: Child Welfare — Foster Care
e. I -E: Adult Protective Services
f. I -F: Special Assistance
g. I -G: Child Support Services
(4) Attachment II - Child Welfare - CFSR
4.0 Entire MOU
This MOU and any documents incorporated specifically by reference represent the entire
agreement between the Parties and supersede all prior oral or written statements or agreements
between the Parties.
5.0 Definitions
While "County" is used as an abbreviation above, the following definitions, some of which are
contained in N.C. Gen. Stat. § 108A -74(a), also apply to this MOU:
(1) "County department of social services" also means the consolidated human services
agency, whichever applies.
(2) "County director of social services" also means the human services director, whichever
applies.
(3) "County board of social services" also means the consolidated human services board,
whichever applies.
(4) "Child welfare services or program" means protective, foster care, and adoption
services related to juveniles alleged to be abused, neglected, or dependent as required
by Chapter 7B of the General Statutes.
(5) "Social services programs" or "Social services programs other than medical assistance"
means social services and public assistance programs established in Chapter 108A
other than the medical assistance program (Part 6 of Article 2 of Chapter 108A). This
includes, but is not limited to, child welfare programs, adult protective services,
guardianship services for adults, and programs of public assistance established in
Chapter 108A. It also includes the child support enforcement program, as established
in Article 9 of Chapter 110 of the General Statutes, and the North Carolina Subsidized
Child Care Program.
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
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definition be needed, the Parties agree that the meanings shall be those contained in the current
version (as of the time the dispute or question arises) of Black's Law Dictionary, and if not defined
therein, then of a published unabridged modern American English Language Dictionary published
since the year 2000.
6.0 Audit Requirements
The County shall furnish to the State Auditor, upon his/her request, all books, records, and other
information that the State Auditor needs to fully account for the use and expenditure of state funds
in accordance with N.C.G.S. § 147-64.7. Additionally, as the State funding authority, the
Department of Health and Human Services shall have access to persons and records as a result of
all contracts or grants entered into by State agencies or political subdivisions.
7.0 Record Retention
The County shall retain records at its own expense in accordance with applicable State and Federal
laws, rules, and regulations. The County shall facilitate and monitor the compliance of its
subcontractors with all applicable requirements of record retention and disposition.
In order to protect documents and public records that may be the subject of Department litigation, the
Department shall notify the County of the need to place a litigation hold on those documents. The
Department will also notify the County of the release of the litigation hold. If there is no litigation hold
in place, the documents may be destroyed, disposed of, or otherwise purged through the biannual
Records Retention and Disposition Memorandum from the Department's Controller's Office.
8.0 Liabilities and Legal Obligations
Each party hereto agrees to be responsible for its own liabilities and that of its officers, employees,
agents or representatives arising out of this MOU. Nothing contained herein is intended to alter or
change the relationship of the Parties as defined under the laws of the State of North Carolina.
9.0 Confidentiality
Any medical records, personnel information or other items exempt from the NC Public Records
Act or otherwise protected by law from disclosure given to the Department or to the County under
this MOU shall be kept confidential and not divulged or made available to any individual or
organization except as otherwise provided by law. The Parties shall comply with all applicable
confidentiality laws and regulations, including but not limited to the Health Insurance Portability
and Accountability Act of 1996 (HIPAA), the administrative simplification rules codified at 45
Parts 160, 162, and 164, alcohol and drug abuse patient records laws codified at 42 U.S.C. §290dd-
2 and 42 CFR Part 2, and the Health Information Technology for Economics and Clinical Health
Act (HITECH Act) adopted as part of the American Recovery and Reinvestment Act of 2009
(Public Law 111-5).
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10.0 Secretary's Authority Undiminished
Certain functions delegated to the County pursuant to this MOU are the duty and responsibility of
the Department as the grantee of federal grant funds. The Parties understand and agree that nothing
in this MOU shall be construed to diminish, lessen, limit, share, or divide the authority of the
Secretary of the Department to perform any of the duties assigned to the Department or its
Secretary by the North Carolina General Statutes, the terms and conditions of the federal funds
and their applicable laws and regulations or other federal laws and regulations regarding any
federal funding which is used by the Department to reimburse the County for any of its duties
under this MOU.
11.0 MOU does not Diminish Other Legal Obligations
Notwithstanding anything to the contrary contained herein and to facilitate the mandated
performance requirements of N.C. Gen. Stat. § 108A-74, the Parties acknowledge and agree that
this MOU is not intended to supersede or limit, and shall not supersede or limit, the County's
obligations to comply with all applicable: 1) federal and state laws; 2) federal and state rules; and
3) policies, standards, and directions of the Department, as all such currently exist and may be
amended, enacted, or established hereafter.
12.0 Notice
The 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 I IF DELIVERED BY ANY OTHER MEANS
Susan Osborne, Assistant Secretary
NCDHHS
2417 Mail Services Center
Raleigh, NC 27699-2001
Susan Osborne
NCDHHS
Doretha Dix Campus, McBryde Building
Phone: 919-527-6338
E-mail: Susan.Osbome@dhhs.nc.gov
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For Randolph County:
IF DELIVERED BY US POSTAL SERVICE
IF DELIVERED BY ANY OTHER MEANS
Tracie Murphy
Tracie Murphy
Randolph County Department of Social Services
Randolph County Department of Social
P.O. Box 3239
Services
Asheboro, NC 27204-3239
1512 N. Fayetteville Street
Asheboro, NC 27203
Email tracie.murphy@randolphcountync.gov
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. Performance Monitoring:
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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.
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.
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iii. Coordinate with and communicate to county DSS agencies regarding
available and required training opportunities associated with DSS Mass
Shelter, BCP and COOP responsibilities.
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 L The County will ultimately work toward
achievement of the Standard Measure for all performance requirements set forth in
Attachments I and II.
(2) The County shall comply with the following administrative responsibilities
a. Staff Requirements and Workforce Development:
i. The personnel, including new hires and existing staff, involved in the
County's provision of social services programs covered by this MOU shall
complete all required and necessary training, which is documented as
required by federal and state law and policy.
b. Compliance:
i. Perform activities related to its social services programs in compliance with
all applicable federal and State laws, rules, regulations and policies.
Nothing contained herein is intended to, nor has the effect of superseding
or replacing state law, rules or policy related to social services programs.
ii. Develop and implement internal controls over financial resources related to
the County's social services programs to ensure that all financial resources
are used in compliance with applicable federal and state laws.
iii. Provide and adhere to corrective action plans as required based on
monitoring findings and the Single Audit.
c. Data Submission:
i. Maintain accurate, thorough records of all social services programs covered
by this MOU, in particular, records related to the mandated performance
requirements that can be accessed for the purpose of data collection, service
provision, monitoring or consultation
ii. Ensure reliable data entry into state systems utilized for the administration
of social services programs covered under this MOU.
iii. Provide, upon request, data to the state for the purpose of, but not limited to,
conducting monitoring, case file reviews, error analysis and quality control.
iv. Utilize data to understand the performance of their county and to conduct
analysis and implement changes where needed if performance measures are
not being met.
d. Communication:
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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 leaves of absence
greater than two calendar weeks.
e. Inter -agency Cooperation:
i. Ensure that county social services personnel complete required training
and are prepared to engage in Disaster Management, mass shelter, BCP
and COOP operations.
ii. Ensure that all plans and systems are in place to meet potential disaster
(natural, technical, otherwise) response requirements.
iii. Engage with DHHS, state Emergency Management and local leadership in
associated efforts.
iv. Assist or operate mass shelter operations or other required disaster
management responsibilities.
(3) The County shall timely meet all its responsibilities contained in this MOU. "Timely" shall
be defined consistent with timeliness requirements set forth in relevant statute, regulation,
policy or as otherwise required by the Department. If timeliness is not otherwise defined,
"timely" shall mean within a reasonable time under the circumstances.
15.0 Data Security and Reporting
Data Security: The County shall adopt and apply data privacy and security requirements to comply
with all applicable federal, state, department and local laws, regulations, and rules. 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.
16.0 Miscellaneous
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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 January 1, 2021 and shall continue in effect
until June 30, 2022.
Signature Warranty: Each individual signing below warrants that he or she is duly authorized
by the parry to sign this MOU and to bind the party to the terms and conditions of this MOU.
Randolph County
BY:
Name
TITLE:
DATE
:•
TITLE:
DATE:
North Carolina Department of Health and Human Services
DATE:
Secretary, Department of Health and Human Services
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Name