2012/09/04 RESOLUTION (JOINT) TO APPROVE THE FORMATION OF A NINE COUNTY AREA AUTHORITY TO OPERATE AS SANDHILLS CTR FOR MENTAL HEALTH DEVELOPMENTSTATE OF NORTH CAROLINA
COUNTY OF HARNETT
JOINT RESOLUTION TO APPROVE THE FORMATION OF A NINE COUNTY AREA
AUTHORITY TO OPERATE AS SANDHILLS CENTER FOR MENTAL HEALTH,
DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE SERVICES IN
ANSON, GUILFORD, HARNETT, HOKE, LEE, MONTGOMERY, MOORE,
RANDOLPH, AND RICHMOND COUNTIES
This resolution by the Board of Commissioners of Harnett County;
WITNESSETH:
WHEREAS, the Board of Commissioners of the counties of Anson, Harnett, Hoke, Lee,
Montgomery, Moore, Randolph, and Richmond have established an Area Mental Health
Authority under the name of Sandhills Center for Mental Health, Developmental Disabilities and
Substance Abuse Services ( "Sandhills Center "); and
WHEREAS, the Board of Commissioners of Guilford County has established an Area
Mental Health Authority under the name of Guilford County Area Mental Health,
Developmental Disabilities, and Substance Abuse Authority ( "Guilford Center "); and
WHEREAS, Sandhills Center, Guilford County and Guilford Center have voluntarily
engaged in amicable affiliation discussions with the intent to merge into an entity that will serve
all nine counties that will be served by the post- merger entity and that will satisfy the
requirements of the legislation entitled An Act to Establish Requirements for the Department of
Health and Human Services and Local Management Entities with Respect to Statewide
Expansion of the 1915(b)(c) Medicaid Waiver, S.L. 2011 -264; and
WHEREAS, Sandhills Center, Guilford County and Guilford Center intend to enter into a
formal written agreement to set out terms and conditions upon which the entities separate area
authorities would effectively merge and reorganize to form a single area authority, which would
carry out the local management entity functions within the nine county area, (the "Agreement ");
and
WHEREAS, with the authority and consent of the Board of Commissioners of Guilford
County, the Guilford Center will cease to exist as a legal and recognized entity and cease doing
business in its catchment area effective at midnight on December 31, 2012, and Sandhills Center
will commence management and oversight of services and financial management in the
catchment area of Guilford County at 12:00 a.m. on January 1, 2013, pursuant to the Agreement;
and
WHEREAS, the Board of Commissioners of Harnett County consents to the Guilford
Center's termination of the management and oversight of services and to Sandhills Center
commencing the management and oversight of services in the catchment area of Guilford
County; and
WHEREAS, prior to the merger of Sandhills Center and Guilford Center into a single
area authority, the Agreement shall document plans for the retention and disposition of: (i)
business, administrative and financial records of Guilford Center; and (ii) any patient medical
records in the custody of Guilford Center. The provisions of the Agreement shall ensure
compliance with any applicable federal or state laws including, but not limited to, the protection
of confidentiality related to health information and specific record retention and disposition
requirements applicable to North Carolina local management entities; and
WHEREAS, both Sandhills Center and Guilford Center have recommended to their
constituent counties that these two distinct area programs should merge to form a single area
authority pursuant to the terms of the proposed Agreement; and
WHEREAS, Guilford Center has represented that they will properly advertise and hold a
public hearing satisfying the requirements of N.C. Gen. Stat. 122C- 115.3(d), to the extent
applicable, on or before September 15, 2012; and
WHEREAS, Sandhills Center, as the post merger, surviving entity, has represented that it
will properly advertise and hold a public hearing satisfying the requirements of N.C. Gen. Stat. §
122C -I 15.3(d), to the extent applicable and if necessary, on or before September 15, 2012;
WHEREAS, the Board of Commissioners of Harnett County consents to the merger
between Guilford Center and Sandhills Center to include commencing the management and
oversight of services in the catchment area of Anson, Harnett, Hoke, Lee, Montgomery, Moore,
Randolph, Richmond and Guilford Counties; and
WHEREAS, the Board of Commissioners of Harnett believes it will be in the best
interests of the citizens of all of the applicable counties to have the Sandhills Center catchment
area include Guilford County effective January 1, 2013, under the terms and conditions set forth
below;
NOW, BE IT RESOLVED JOINTLY by the Anson County Board of
Commissioners, the Harnett County Board of Commissioners, the Hoke County Board of
Commissioners, the Lee County Board of Commissioners, the Montgomery County Board
of Commissioners, the Moore County Board of Commissioners, the Randolph County
Board of Commissioners, the Richmond County Board of Commissioners and the Guilford
County Board of Commissioners, as follows:
1. Sandhills Center for Mental Health, Developmental Disabilities and Substance
Abuse Services' commencement of the management and oversight of services in
Guilford Countv effective January 1. 2013.
To satisfy the requirements of the legislation entitled An Act to Establish Requirements
for the Department of Health and Human Services and Local Management Entities with Respect
to Statewide Expansion of the 1915(b)(c) Medicaid Waiver, S.L. 2011 -264, effective January 1,
2013, Guilford Center shall merge with Sandhills Center into a single area authority to carry out
the local management entity functions within the nine county area.
2. Status, Powers and Duties of Sandhills Center for Mental Health, Developmental
Disabilities, and Substance Abuse Authority.
Sandhills Center for Mental Health, Developmental Disabilities, and Substance Abuse
Services, as the post - merger, surviving entity, shall be a local political subdivision of the State of
North Carolina pursuant to N.C.G.S. § 122C, and shall have all powers and duties conferred upon
it by that statute.
3. Structure of the Board.
Effective January 1, 2013, the Area Board of Sandhills Center for Mental Health,
Developmental Disabilities, and Substance Abuse Services shall meet the requirements of
N.C.G.S. §122C -1 18.1 and be comprised of thirty (30) members. All board members serving on
the Sandhills Center Board prior to January 1, 2013, shall carry out their existing terms and shall
not require new appointment. To the extent necessary, each county shall appoint one County
Commissioner to sit on the Board, which member shall be the "appointing member" for that
county with respect to other Board members appointed from that county. Four (4) of the Board
members shall be chosen by the appointing Commissioner of Randolph County; three (3) of the
Board members shall be chosen by the appointing Commissioner from Moore County; one (1) of
the Board members shall be chosen by the appointing Commissioner from Anson County; two
(2) of the Board members shall be chosen by the appointing Commissioner from Richmond
County; one (1) of the Board members shall be chosen by the appointing Commissioner from
Montgomery County; one (1) of the Board members shall be chosen by the appointing
Commissioner from Hoke County; one (1) of the Board members shall be chosen by the
appointing Commissioner from Lee County; three (3) of the Board members shall be chosen by
the appointing Commissioner from Harnett County and five (S) of the Board members shall be
chosen by the appointing Commissioner from Guilford County. The County Commissioners
appointed to the Board shall make the appointments pursuant to N.C.G.S. §122C- 118.1. The
number of appointments assigned to each county will remain in effect until the Boards of
Commissioners for each county agree to modify the number of appointments assigned to each
county. With the passage of Senate Bill 191, effective October 1, 2013, the number of Board
members will be reduced to twenty -one (21) to comply with the new law. Each county will have
two (2) Board members with the exception of Randolph County, which will have three (3) Board
members and Guilford County, which will have four (4) Board members. One Board member
from each County may be a County Commissioner provided that the remaining Board
membership will be composed so as to meet the requirements of N.C. Gen. Stat. § 122C-
118.1(b). In the event Senate Bill 191 is not in effect on October 1, 2013, the Board membership
shall remain as constituted effective January 1, 2013. In the event the maximum number of
Board members is otherwise changed or modified through pending or future legislative
measures, Sandhills Center shall comply with all such changes or modifications as of the
effective date of any such measure and each county shall maintain the current pro -rata
representation on the Board to the fullest extent possible. Notwithstanding any such changes or
modifications in the law, it is agreed that to the extent it is possible, all counties shall have at
least two (2) Board membership positions on the Board at any given time.
4. Oraanization of the Area Board. The Sandhills Center Area Board shall elect a
chairman, a vice - chairman and a secretary, and shall be organized as provided by N.C.G.S.
§122C -119.
5. Budget and Audit Requirements. Prior to the merger, Guilford County shall
select a certified public accountant or an accountant who is subsequently certified by the Local
Government Commission to conduct an audit pursuant to N.C. Gen. Stat. § 122C- 115.3(e). Upon
completion of the merger, Sandhills Center for Mental Health, Developmental Disabilities, and
Substance Abuse Services, as the post- merger, surviving entity, shall maintain its budget, in
accordance with Article 3 of Subchapter III of Chapter 159 of the General Statutes, the Local
Government Budget and Fiscal Control Act, as required by N.C.G.S. §122C- 144.1(c). A copy of
this audit shall be given to the County Commissioners of each constituent county of the Area
Authority.
6. Amendment. This Resolution may be amended by a Resolution jointly approved
by the Boards of Commissioners of the counties of Anson, Harnett, Hoke, Lee, Montgomery,
Moore, Randolph, Richmond, and Guilford.
7. Effective Date. This Joint Resolution shall be effective as of January 1, 2013.
ADOPTED AND RATIFIED BY THE BOARD OF COMMISSIONERS OF HARNETT
COUNTY.
This, the q" day of 201 e3.
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