040714April 7, 2014
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 Holmes, Frye, Haywood and Lanier were present. Commissioner Kemp was absent.
Vice Chairman Darrell Frye gave the invocation and everyone recited the pledge of allegiance.
Recognition of Retiree
Major Johnny Hussey, who retired on April 1st with 22 years of service to Randolph County
Sheriff's Office, was recognized by Sheriff Reid, who presented him with the Advanced Service
Award. Col. Fred Rutledge read Major Hussey's bio, after which, Chairman Holmes presented
Major Hussey with an engraved clock on behalf of the Board.
Public Comment Period
Pursuant to N.C.G.S. § 153A-52.1, Chairman Holmes opened the floor for public comment.
County Attorney Ben Morgan read aloud the Public Comment Rules of Procedure.
Alan Ferguson, 4794 Troy Smith Road, Liberty, said that on Friday, April 4, 2014, a real estate
agent named Sam Simpson, with Simpson, Schulman and Beard, appeared as one of the panelists at
the Triad Business Journal's annual State of Randolph event, at which the Greensboro -Liberty mega
site was discussed. Mr. Ferguson said that not all the information that was presented was correct.
He said that Mr. Simpson noted that the purchase and work-up of the Greensboro -Liberty mega site
would cost $50 million. Mr. Ferguson said that in response to the statement, Bobby Ferguson, who
attended the State of Randolph event, asked why that sum shouldn't be applied to the already
assembled and unopposed Chatham -Randolph site. Mr. Simpson responded that the state's best
interest requires that we have "more than one developed site."
Mr. Ferguson said that since we all want what is best for North Carolina, and since even our state
government has limited money, it is important to recognize that North Carolina already has 13
available large industrial sites. He said that according to Site Selection Magazine those sites are
• Aulander - Hearts Delight site - 1900 acres
• Elizabeth City - Tanglewood site - 5915 acres
• Forest City — Riverstone site — 1000 acres
• Hamlet — Pine Hills site — 1500 acres
• Jackson — Vernona Plantation site - 3943 acres
• Laurinburg — Laurinburg-Maxton site — 2000 acres
• Morganton — Great Meadows site — 1200 acres
• Newton Grove — I-40 site — 1161 acres
• Rocky Mount — Mid -Atlantic site — 1688 acres
• Rocky Mount — Kingsboro Rose site — 1307 acres
• Saratoga — Norwood site — 1315 acres
• Southern Pines — Monroe site — 1130 acres
• Winton — Hertford site — 1700 acres
Jon Nance, 3483 New Hope Church Rd, Asheboro, said that he has a series of presentations he
and like-minded colleagues would like to make to the Commissioners for their consideration and
educational value of the issues. He stated that he and other concerned citizens plan to speak
regarding the Second Amendment Preservation Act next month. Another issue he said he plans to
cover in the future is the nullification of higher governing bodies regarding the cultivation of
agricultural hemp for industrial use and the economic benefits it could have for the county, as well
as, using nullification to encourage the reform of marijuana laws perhaps by copying the Colorado
model. He said that later on in the year he would like to discuss currency alternatives or local
currency for Randolph County that would work in conjunction with national currency.
Changes to Consent Agenda
Chairman Holmes announced the correction of a portion of Item A- changed to Minutes of
3126114 Special Meeting (Planning Retreat) instead of 3112114 Special Meeting (Planning Retreat)
to the Consent Agenda.
Approval of Consent Agenda
On motion of Frye, seconded by Lanier, the Board voted unanimously to approve the Consent
Agenda, as amended:
• approve minutes of 3110114 regular meeting; 3112114 special joint meeting with HLPC;
3126114 Special Meeting (Planning Retreat) and 5 Sets Closed Sessions;
• unseal closed session minutes of 2131141 (Brookline);
• approve Lottery Applications for Randolph County Schools at $1,500, 000 (Providence
Grove HS --06 COPS) and Asheboro City Schools at $400,000 (Teachey School --06 COPS);
• approve Budget Amendment #26 for Transfer to Emergency Telephone System Fund
($11,540), as follows:
2013-2014 Budget Ordinance -General Fund Budget Amendment #26
Appropriations
Increase
Decrease
Emergency Services
$11,540
Transfer to Emergency Telephone System Fund
$11,540
2013-2014 Budget Ordinance Emergency Telephone System Fund—Budget
Amendment #26
Revenues Increase Decrease
Transfer from General Fund $11,540
Appropriated Fund Balance $11,540
• approve Litter Sweep Proclamation, as follows:
Spring Litter Sweep April 26 – May 10, 2014
WHEREAS, the North Carolina Department of Transportation organizes an annual spring
statewide roadside cleanup to ensure clean and beautiful roads in North Carolina; and
WHEREAS, the spring 2014 LITTER SWEEP roadside cleanup will take place April 26 May
10, 2014, and encourages local governments and communities, civic and professional groups,
businesses, churches, schools, families and individual citizens to participate in the Department of
Transportation cleanup by sponsoring and organizing local roadside cleanups; and
WHEREAS, Adopt -A -Highway volunteers, Department of Transportation employees,
Department of Correction inmates and community service workers, local government agencies,
community leaders, civic and community organizations, businesses, churches, schools, and
environmentally concerned citizens conduct annual local cleanups during LITTER SWEEP and may
receive certificates of appreciation for their participation; and
WHEREAS, the great natural beauty of our state and a clean environment are sources of great
pride for all North Carolinians, attracting tourists and aiding in recruiting new industries; and
WHEREAS, the cleanup will increase awareness of the need for cleaner roadsides, emphasize
the importance of not littering, and encourage recycling of solid wastes; and
WHEREAS, the spring 2014 LITTER SWEEP cleanup will celebrate the 26th anniversary of the
North Carolina Adopt -A -Highway program and its 5,760 volunteer groups that donate their labor
and time year-round to keep our roadsides clean; and
WHEREAS, the LITTER SWEEP cleanup will be apart of educating the children of this great
state regarding the importance of a clean environment to the quality of life in North Carolina;
WHEREAS, Governor Pat McCrory proclaimed April 26 May 10, 2014 as "LITTER SWEEP"
time in North Carolina and encourages all citizens in all 100 counties to take an active role in
making their communities cleaner; and
WHEREAS, the Randolph County Board of Commissioners, on March 12, 2001, voted
unanimously to give blanket approval for waiver of tipping fees at the solid waste facility for the
Department of Transportation as they bring in the debris collected during any of their spring or fall
Litter Sweep Roadside Cleanup programs;
NOW, THEREFORE, the Randolph County Board of Commissioners join with the Governor and
Department of Transportation and also proclaim April 26 May 10, 2014 as "LITTER SWEEP"
time in Randolph County and urge all citizens to participate.
• approve Budget Amendment #27 for Public Library ($20,000 RCPC Grant), as follows:
2013-2014 Budget Ordinance -General Fund Budget Amendment #27
Revenues
Increase Decrease
Restricted Intergovernmental
$20,000
Appropriations
Increase Decrease
Public Library
$20,000
• appoint Hal Kirkman to Liberty Planning Board/Board ofAdjustment (ETJmember);
• adopt DOT resolution to abandon 0.117 mile section of SR 1514, Old Way Road, as follows:
RESOLUTION
WHEREAS, the Department of Transportation has investigated the 0.117 mile SR 1514
Old Way Road in Randolph County for purposes of abandonment, and
WHEREAS, it has been determined that this portion of subject road should be
abandoned from the Division of Highways' Secondary Road System.
NOW, THEREFORE, BE IT RESOLVED by the Randolph County Board of
Commissioners that the 0.117 mile SR 1514 Old Way Road in Randolph County be abandoned
from the Division of Highways' Secondary Road System.
This is the 7th day of April, 2014.
Approval of Town of Ramseur Request for CDBG Local Match
John Grey, PE, The Wooten Company, said that the Town of Ramseur was contacted earlier this
year by Linda Blalock with NCDENR Underground Storage Tank Section regarding the possibility
of Ramseur providing water to an area near Browns Grocery where they have found petroleum and
PCE contaminates. Browns Grocery is located at the intersection of Whites Chapel Rd. to the west,
Old Staley Rd. to the east and NC Highway 49. The State has been working in this area since 1998
on addressing water supply issues, and they have determined the best solution for water supply in
this area is municipal water.
The Town asked The Wooten Company to investigate the feasibility of providing water in this
area and funding sources. The Wooten Company's preliminary review has determined that because
the area is 200 feet higher in elevation than the Town, a booster pump station will need to be
installed to increase the water pressure to serve the area. It is also suggested that a 150,000 -gallon
elevated water storage tank be built to provide a stable water supply to the area. A twelve -inch
water line from Ramseur to the Browns Grocery area is recommended along with some distribution
lines to serve the houses in the area. At this time, approximately 28 homes in the Browns Grocery
area have been tested and show some contamination of their wells. There are approximately 65
other homes along NC Highway 49 that could obtain municipal water from this water line. This line
could also be extended in the future to serve the Staley area (approximately 300 homes and
businesses) and could be extended in the future to Liberty as a redundant water supply.
Mr. Grey said the Town of Ramseur has decided to apply for a 2013 CDBG Infrastructure grant
that has a maximum amount of $3 million. In the past, DCA has required a local match of 5% in
counties that were not Tier 1. This is not a requirement in this funding round; however, if two
projects have equal point totals, the local match will be used as a tie breaker.
Mr. Grey stated that the grant will not pay for service lines on private property, but does require
a mandatory hook up of the houses in the area the project is serving (28 homes). The cost from the
right-of-way to the house would need to be paid out of a local match. This would be approximately
$1,000 per home or $28,000. The Town of Ramseur is requesting the County pay this local match
portion of the project cost since the homes are located outside Ramseur's municipal limits. The
Town of Ramseur will manage the project, will be considered the owner of the line, and will
provide operation and maintenance of the system.
The proposed project would cost approximately $3.3 million broken down to $2.5 million for
construction and contingency and $0.53 million in other services.
Mr. Grey said that 24 fire hydrants would be installed along the line and estimated it would take
at least a year, if not longer, once advertising begins for contracts.
On motion of Frye, seconded by Haywood, the Board voted unanimously to approve the
expenditure of $28, 000 to the Town of Ramseur as a local match for a CDBG infrastructure grant
for water line extension.
Public Hearing and Adoption of Resolutions Effecting Merger of Sophia/Tiger Country Fire
Districts into Randleman -Sophia Fire Service District
Associate County Attorney Aimee Scotton reminded the Commissioners that at their February
meeting, the Board officially considered moving forward to create a county service district for fire
protection that encompasses the properties currently included in the Sophia and Tiger Country rural fire
protection districts. This is being proposed to effect a merger of the two districts at the request of Sophia
Fire Department. The Board considered the resident or seasonal population and population density of the
proposed district, the appraised value of property subject to taxation in the proposed district, the present
tax rates of the County and any cities or special districts in which the proposed district or any portion
thereof is located, the ability of the proposed district to sustain the taxes necessary to provide the services
planned for the district and the desirability that all districts for fire protection in the County be capped at a
tax rate of fifteen (15) cents per one hundred dollar ($100) valuation. The Board adopted a resolution
declaring its intent to create the proposed district, calling for a report to be prepared for the district in
accordance with North Carolina General Statutes, and providing that, if the proposed district is indeed
created, its tax rate would be capped at fifteen (15) cents per one hundred dollar ($100) valuation. The
resolution also set a public hearing on the creation of this district for 6:30 p.m. on April 7, 2014. She said
that if the new Randleman -Sophia service district is created, then fire protection will be provided by
contracting with the Randleman Fire Department.
Ms. Scotton said that at the close of the public hearing, if the Board finds that there is a demonstrable
need for providing fire protection services in the proposed district, that it is impossible or impracticable to
provide fire protection services on a countywide basis, that it is economically feasible to provide fire
protection services in the proposed district without unreasonable or burdensome annual tax levies and
that there is a demonstrable demand for fire protection service in the proposed district, then the Board
may create the service district via resolution. An additional resolution will be needed adding emergency
medical services as a permitted service in the district.
At 6:30 p.m., Chairman Holmes opened and closed the public hearing after hearing no
comments.
On motion of Haywood, seconded by Frye, the Board voted unanimously to adopt a resolution
creating the new fire service district, as follows:
RESOLUTION CREATING RANDLEMAN-SOPHIA COUNTYSERVICE DISTRICT FOR FIRE
PROTECTION
WHEREAS, North Carolina General Statute 153A-309.2 allows a County to establish a
county service district for fire protection services with a tax rate limitation of fifteen (15) cents
per one hundred dollar ($100) valuation; and
WHEREAS, it has been requested that the Board of County Commissioners create a
county service district for fire protection for the areas currently contained in the Sophia Fire
Protection District and the Tiger Country Fire Protection District, and
WHEREAS, the Board has considered the population of the proposed new district, the
appraised value of property in the proposed new district, the present tax rates in effect in the
proposed new district, the ability of the proposed new district to sustain the taxing of the
proposed district, the comments made at the public hearing, and other matters that the Board
deemed relevant, and
WHEREAS, the Board, having considered such matters, makes the following findings:
1. There is a demonstrable need for providing fire protection services in the proposed
new service district, and
2. It is impossible or impracticable to provide fire protection services on a countywide
basis; and
3. It is economically feasible to provide fire protection services in the proposed new
service district without unreasonable or burdensome annual tax levies; and
4. There is a demonstrable demand for fire protection services in the proposed new
service district.
NOW, THEREFORE, BE IT RESOLVED, that the Randolph County Board of
Commissioners hereby creates the Randleman -Sophia county service district for fire protection
effective July 1, 2014 with boundaries that encompass the existing Sophia and Tiger Country
Fire Protection Districts as shown on the map included as Attachment A to this Resolution; and
BE IT FURTHER RESOLVED that property taxes for fire protection within said county
service district may not be levied in excess of a rate of fifteen (15) cents on each one hundred
dollars ($100) ofproperty subject to taxation.
This the 7th day ofApril, 2014.
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On motion of Haywood, seconded by Frye, the Board voted unanimously to adopt a resolution
permitting ambulance service to the new fire service district, as follows:
RESOL UTION PERMITTING EMERGENCYMEDICAL RESCUE AND AMBULANCE SERVICES
TO BE PROVIDED IN THE RANDLEMAN-SOPHIA COUNTYSERVICE DISTRICT FOR FIRE
PROTECTION
WHEREAS, the Randolph County Board of Commissioners, pursuant to North Carolina
General Statute 153A-309.2, has established a county service district for fire protection services
with a tax rate limitation of fifteen (15) cents per one hundred dollar ($100) valuation in the
Randleman -Sophia area; and
WHEREAS, it has been requested that the Randolph County Board of County Commissioners
authorize the provision of emergency medical, rescue and ambulance services in said district and
that property taxes may be levied for such purposes; and
WHEREAS, North Carolina General Statute 153A-309 allows a board of county
commissioners to permit, by resolution, the service district to provide emergency medical, rescue
and ambulance services and to provide that property taxes are levied for such purposes.
NOW, THEREFORE, BE IT RESOLVED, that the Randolph County Board of
Commissioners does hereby authorize the provision of emergency medical, rescue and ambulance
services in the Randleman -Sophia Service District for Fire Protection and does hereby resolve
that property taxes may be levied for these purposes, provided however, that the rate limitation of
fifteen (15) cents per one hundred dollar ($100) valuation continues to apply.
This the 7th day ofApril, 2014.
Discussion Rmardin Updating Fire Department Contracts
Aimee Scotton, Associate County Attorney, said that Randolph County provides fire protection by
contracting with local fire departments for these services. These contracts are woefully outdated and
need to be expanded to more fully reflect the County's expectations. In meeting with the Emergency
Services Director and Fire Marshal, it was determined that the best way to accomplish a rewrite of the
fire department contracts was to have involvement by representatives of those departments from the
beginning. A committee was formed comprised of Ms. Scotton, Emergency Services Director Donovan
Davis, Deputy Director Lewis Schirloff, County Fire Marshal Rick Davis, and three fire chiefs: Brent
Powell from Tabernacle, Marty Leonard from Randleman, and J.R. Beard from Liberty. Agreements
were obtained from other counties for review and guidance. Following several meetings, an agreement
was developed that will best serve Randolph County and its citizens.
After reviewing the major components of and the additions to the contract, the Board discussed details
and asked Ms. Scotton to add a statement that the County expects the departments to have mutual aid
agreements with other departments. The Board authorized Ms. Scotton to then send the contract to all
Randolph County fire departments for review and the Board would then consider approving them at their
May 5th meeting.
Special Recognitions
Centenarian Luevenie Belo Austin, who will turn 101 on 4/13/14, was recognized by the Board.
Ms. Austin and her family were unable to attend the meeting. Note: Certificate will be hand -
delivered or mailed to the honoree or family.
Chairman Holmes recognized 2014 State 2-A Wrestling Champion Dalton Clark (145-1b. class)
from Providence Grove High School, who was unable to attend. Note: A Certificate of Recognition
was presented to Randolph County School Superintendent Dr. Stephen Gainey to forward to Mr.
Clark.
Closed Session
At 6:44 p.m., on motion of Frye, seconded by Lanier, the Board voted unanimously to go into
closed session to discuss matters relating to the location or expansion of business in the area,
pursuant to [N. C. G. S.143 -318.11(a) (4)J.
Regular Session Resumed
At 7:21 p.m., regular session resumed.
Public Comment
Chairman Holmes allowed Tom Morgan to speak in an extended public comment period. Mr.
Morgan said he would be prepared at a later time to make a full presentation to the Commissioners
regarding his concerns about elder abuse in the state, county and nation and the need for attention to
the growing problem. He thanked the Board for their service and for being fair-minded.
Discussion of Possible Location of Psychiatric Hospital in Randolph County and Appointment
of Study Task Force
County Manager Richard Wells said that House Bill 981, introduced in the 2013 long session of
the NC General Assembly, proposes that the state build a new psychiatric hospital in the
south/central region of the state. Although the bill did not progress out of the Appropriations
Committee, it is still possibly eligible to be considered in the 2014 short session. County Manager
Wells said that the bill was introduced by Rep. Justin Burr of Stanly County and Rep. Allen
McNeill was a co-sponsor of the bill. This was prompted by a study of the needs for psychiatric
hospitals that was undertaken by the General Assembly. ("Report on Exploring the Costs and
Feasibility of A New Psychiatric Facility." A descriptive history of the study appeared in: North
Carolina Health News, August 1, 2013.)
County Manager Wells said that a group of 35-40 interested local citizens met in late 2013 and
voiced their support of this bill and recommended that Randolph County be considered as a location
for a new south/central region psychiatric hospital due to its central location in the area to be served.
County Manager Wells recommended that the Commissioners appoint a task force to advocate for
this hospital and its location here. He said Randolph County could also consider it an economic
development issue due to the creation of possibly 1000 jobs and the building could cost up to $3
million dollars generating tax revenues.
Representative Allen McNeill, who was attending this meeting, spoke in support of the
hospital's placement in Randolph County and said that it was eligible to be discussed in the
upcoming short session, but was unsure if it would be.
County Manager Wells proposed the Task Force membership as follows: Senator Jerry Tillman;
Representative Allen McNeill; Commissioner Stan Haywood; Bonnie Renfro, Director --Economic
Development Corp.; Dr. Bob Shackleford, President --Randolph Community College; Steve
Eblin, Director --Randolph Hospital; Devin Griffith, VP of Care Continuum --Randolph Hospital;
Victoria Whitt, Director-- Sandhills Center; Bob Morrison, retired hospital administrator; Richard
Wells, Randolph County Manager.
County Manager Wells said that many more local leaders have expressed interest in supporting
this project and they will be enlisted as the project becomes more viable. He said the Task Force
was kept at a manageable number for logistics.
Vice Chairman Frye suggested Mazie Fleetwood be contacted to serve on the Task Force since
she serves on the Sandhills Center Board of Directors as one of the County's representatives.
On motion of Frye, seconded by Lanier, the Board voted unanimously to establish a task force
to study the feasibility of locating a regional psychiatric hospital in Randolph County, consisting of
the following members: Senator Jerry Tillman; Representative Allen McNeill; Commissioner Stan
Haywood; Bonnie Renfro, Director --Economic Development Corp.; Dr. Bob
Shackleford, President --Randolph Community College; Steve Eblin, Director --Randolph Hospital;
Devin Griffith, VP of Care Continuum --Randolph Hospital; Victoria Whitt, Director-- Sandhills
Center; Bob Morrison, retired hospital administrator; Richard Wells, Randolph County Manager;
and Mazie Fleetwood, Sandhills Center Board of Directors member.
Approval of Ordinance Granting Franchise to Waste Management
County Manager Richard Wells said that pursuant to NCGS 153A-46, an ordinance granting a
franchise must pass at two regular meetings. He presented the proposed ordinance titled, "An
Ordinance Granting a Franchise to Waste Management of Carolinas, Inc. to Permit, Construct And
Operate a Sanitary Landfill in Randolph County;" which was passed at its first reading at the March
10th meeting. Since the March meeting, staff and attorneys for the County and Waste Management
have been preparing and working through the operating agreement. He said that the attorneys have
advised that a modification of Section 12 of the franchise ordinance is needed to increase public
protections and rights, as follows:
Original wording:
SECTION 12. Regulations of Fees and Rates
Waste Management shall be responsible for setting landfill fees and rates. Fees and rates charged for
disposal of waste in the landfill facility may change from time to time and shall be fees and rates
determined by Waste Management to be commercially reasonable and competitive within the industry as
reflected by rates at privately owned or operated facilities in North Carolina. Posted gate rates shall not
exceed an approximate average of posted gate rates at similar, privately owned or operated facilities in
Piedmont North Carolina.
New wording:
SECTION 12. Regulations of Fees and Rates
Waste Management shall be responsible for setting landfill fees and rates. Fees and rates charged for
disposal of waste in the landfill facility may change from time to time and shall be fees and rates
determined by Waste Management to be commercially reasonable and competitive. Notwithstanding
the foregoing, Waste Management shall provide its proposed gate rates (and any modifications thereof),
which shall approximate the average of posted gate rates at similar, privately owned or operated facilities
in the Piedmont area of North Carolina (unless otherwise justified), to the County Manager for approval.
In the event that the County Manager does not object to the proposed rates within thirty (30) days of
receipt, the proposed rates (and/or any modifications thereof), shall become effective. In the event any
generator of waste within the County maintains that the Landfill is charging such generator a disposal
rate above the effective gate rate(s), that generator may petition the County Manager for a determination
of whether the disposal rate charged to the generator is above the facility's posted gate rate. The County
Manager's determination shall be binding on the parties.
County Manager Wells asked the Board to consider the revised ordinance at this, the second
reading.
Commissioner Haywood stated that he continues to be against the landfill. He is in the process
of obtaining additional studies on solid waste landfills from Columbia and Perdue Universities.
On motion of Lanier, seconded by Frye, the Board voted 3-1 with Haywood opposing, to adopt
an ordinance granting a franchise to Waste Management of Carolinas to permit, construct and
operate a sanitary landfill in Randolph County, as follows.
ORDINANCE GRANTING A FRANCHISE TO WASTE MANAGEMENT OF CAROLINAS, INC. TO
PERMIT, CONSTRUCT AND OPERATE A SANITARY LANDFILL IN RANDOLPH COUNTY
SECTION 1. Grant ofFranchise
(a) Randolph County is responsible for providing long-term, cost-effective means of waste disposal for
the citizens of Randolph County. The County has decided to open a regional Subtitle D solid waste
landfill facility to serve its citizenry and surrounding counties and municipalities.
(b) Pursuant to authority established in N.C. Gen. Stat. §§ 153A-136 and 130A-294, and pursuant to the
procedures and requirements established in N.C. Gen. Stat. §§ 153A-46, 130A-294(bl)(2), and the
Randolph County "Ordinance Establishing Procedures for the Application and Issuance of
Franchises for Solid Waste Facilities, " Randolph County ("County') hereby grants a franchise for
the construction and operation of a solid waste landfill to Waste Management of Carolinas, Inc.,
("Waste Management') subject to the conditions herein.
(c) This grant of franchise is contingent upon the execution of an operating agreement between the
County and Waste Management.
SECTION 2. Extent and Limits on Franchise
(a) The County grants Waste Management an exclusive franchise for the following activities:
(i) the permitting, construction and operation of a solid waste landfill within Randolph
County;
(ii) the operation and maintenance of the county's convenience centers and recycling
centers, subject to existing contracts;
(iii) the hauling of solid waste from within and outside Randolph County for disposal at
the County's landfill facility;
(iv) the recycling and resource recovery of materials in the waste stream.
(b) The exclusive rights and privileges established in this franchise do not extend to the
following: existing landfills; construction and demolition debris landfills; land clearing and
inert debris landfills; or to decisions reserved by statute to Randolph County municipal
corporations to control the hauling and disposal of waste within their municipal boundaries.
(c) The County does not grant Waste Management a franchise for the conversion of landfill gas
energy or any other waste -to -energy activities within the landfill facility. Any activity
involving (i) the collection, transport, disposal or processing of solid waste or (ii) the
conversion of solid waste into energy or for any secondary use that is not specifically
covered by this franchise shall be deemed excluded from this franchise.
SECTION 3. Acceptance of Franchise
The execution by Waste Management of the Operating Agreement between the County and Waste
Management shall constitute an acknowledgement by Waste Management that it accepts the terms and
provisions contained herein.
SECTION 4. Term
This franchise shall commence on and run thirty (30) years from the date that Waste Management and the
County execute an operating agreement for the permitting, construction and operation of a solid waste
landfill.
SECTION 5. Renewal
This franchise may be renewed at the end of its thirty-year term subject to the laws existing at the time of the
renewal application.
SECTION 6. Territory and Population to be Served
Waste Management may collect and receive permitted waste that is transported from within the State of
North Carolina for recycling or disposal within Randolph County. The population to be served shall not
exceed the population of the State of North Carolina as it increases or decreases from time to time.
SECTION 7. General Description of the Proposed Sanitary Landfill
(a) The proposed Randolph County landfill facility is located in central Randolph County
adjacent to the existing closed Randolph County MSW Landfill, North Carolina Solid Waste
Permit (NCSWP) 976-01. The center of the proposed Randolph County MSW landfill is
located at Latitude: 35.752822°N and Longitude: 79.755992°W. The proposed disposal site
is bordered to the north by the Deep River, to the west by the closed Randolph County
landfill, to the south by Henley Country Road, and to the east by Old Cedar Falls Road. The
proposed landfill is composed of several undeveloped parcels comprising approximately 667
acres, approximately 200 acres of which are proposed as the waste disposal unit. The
footprint of the first phase of the proposed landfill is approximately 34 acres and is located
on the southeastern side of the subject property. The first phase of the proposed landfill will
be designed to contain approximately ten years of waste disposal and will occupy
approximately 34 acres of the total 190 -acre waste footprint. The facility entrance will be
located off of Old Cedar Falls Road at the eastern corner of the landfill.
(b) The landfill facility shall be served by an entrance road leading to scales for all incoming
waste. Waste will be deposited into lined cells, compacted, and covered daily as required by
law. Waste Management may receive, on average, up to 2,000 tons per day. Recycling
and/or resource recovery is expected to occur within the landfill facility. The beneficial use
of landfill gas is also an expected future activity. The proposed landfill facility will be
permitted, constructed, and operated in accordance with state and federal rules and
regulations governing Subtitle D facilities. The landfill shall have protective geoanembrane
liner systems, leachate collection, and environmental monitoring systems as required by
state and federal rules and regulations and the County issued Special Use Permit.
(c) The County also owns four convenience centers and expects to have two more constructed.
The convenience centers shall be managed as local collection centers for county citizens.
This franchise extends to and includes these convenience centers which are located in areas
outside the landfill facility.
SECTION 8. Types of Waste Allowed
(a) The types of waste allowed in the waste stream shall be wastes defined by the State of North
Carolina as "municipal solid waste" and any other wastes allowed by law and permit to be
disposed of in a fully permitted municipal solid waste landfill. Municipal solid waste shall
include any solid waste resulting from the operation of residential, commercial, industrial,
governmental, or institutional establishments that would normally be collected, processed,
and disposed of through a public or private solid waste management service.
(b) If the facility permit provides for limitations on the types of solid waste allowed, Waste
Management shall strictly abide by the permit requirements.
(c) Limitations on waste types contained in the Special Use Permit shall apply.
SECTION 9. Description of the Volume and Characteristics of the Waste Stream
(a) The volume of waste disposed shall not exceed an average daily intake and disposal rate of
2,000 tons per day or a maximum daily intake and disposal rate of 3,500 tons per day to
account for times when intake rates may peak, including periods when emergency debris
management is required after floods, hurricanes, tornados or other such events.
(b) The characteristics of the waste stream entering the landfill facility may include all solid
waste allowed by law, subject to limitations imposed by the facility's Special Use Permit and
the facility permit. Unless limited by permit, Waste Management may accept all typical
waste streams for a fully permitted Subtitle D landfill. Subject to limitations imposed by the
facility permit and operating agreement, Waste Management may construct a solidification
pit that enables Waste Management to accept liquid waste streams for treatment and
disposal. Recovered and recyclable materials and any recycled products shall be diverted
from the solid waste disposal facility to the extent reasonably feasible and required by the
County, state laws or the operating permit.
SECTION 10. Projection of the Useful Life of the Landfill
Based upon preliminary engineering calculations and other data, the useful life of the landfill is projected to
be approximately sixty-seven (67) years, with this franchise covering the first thirty (30) years. Waste
Management accepts this estimate and acknowledges that this calculation is based upon information
currently available and assumes any risks that the useful life could be less than projected.
SECTION 11. Procedures for Governmental Oversight
(a) The Randolph County Planning Department, acting in the normal course of business, shall
oversee compliance with the Special Use Permit issued by the Randolph County Planning
Board pursuant to authority bestowed by both general statute and the Randolph County
Zoning Ordinance.
(b) NCDENR, pursuant to its own policies and schedules, shall oversee compliance with the
Permit to Construct and the Permit to Operate.
(c) The North Carolina Department of Transportation shall oversee compliance with the terms
of the landfill facility driveway permit and, in cooperation with the Randolph County
Planning Department, shall oversee road improvements as required by the Special Use
Permit.
(d) Randolph County shall regularly oversee compliance with the operating agreement and this
franchise.
SECTION 12. Regulations ofFees and Rates
Waste Management shall be responsible for setting landfill fees and rates. Fees and rates charged for disposal of
waste in the landfill facility may change from time to time and shall be fees and rates determined by Waste
Management to be commercially reasonable and competitive. Notwithstanding the foregoing, Waste Management
shall provide its proposed gate rates (and any modifications thereof), which shall approximate the average of
posted gate rates at similar, privately owned or operated facilities in the Piedmont area of North Carolina (unless
otherwise justified), to the County Manager for approval. In the event that the County Manager does not object to
the proposed rates within thirty (3 0) days of receipt, the proposed rates (and/or any modifications thereof), shall
become effective. In the event any generator of waste within the County maintains that the Landfill is charging
such generator a disposal rate above the effective gate rate(s), that generator may petition the County Manager for
a determination of whether the disposal rate charged to the generator is above the facility's posted gate rate. The
County Manager's determination shall be binding on the parties.
SECTION 13. Pavments to Randolph County
Waste Management shall pay Randolph County such payments, host fees, closure and post -closure costs and
other fees as set forth in the operating agreement.
SECTION 14. Compliance with Laws
Waste Management shall comply with all federal, state and local laws and permits regarding the hauling
and transport of solid waste and the construction and operation of the landfill and convenience and
recycling centers. Waste Management's willful or intentional violation of federal, state or local laws may be
a ground for revocation of this franchise.
SECTION -15. Franchise Non -Transferable
(a) This franchise is issued exclusively to Waste Management upon the County's determination
that Waste Management has the requisite experience and financial strength to permit,
construct and operate a regional municipal solid waste landfill. This franchise cannot be
sold, transferred, leased, assigned, acquired or disposed of, including, but not limited to, by
force or voluntary sale, merger, consolidation, acquisition, bankruptcy, receivership or
other means to any other person or entity except upon consideration and approval of the
Board of Commissioners following procedures established by law.
(b) Waste Management shall promptly notes the county of (1) any actual or proposed change in
or transfer of its ownership or (2) acquisition by any other party of control of the company.
The word "control" as used herein is not limited to majority ownership but also includes
operational control in whatever manner exercised. A rebuttable presumption that a transfer
of control has occurred shall arise upon the disposal by Waste Management, directly or
indirectly, by gift, assignment, voluntary sale, merger, consolidation devise or otherwise, of
at least SO percent ownership or controlling interest at one time or cumulatively over the
tern of the franchise to a person or group of persons, corporation, partnership, limited
partnership, trust, limited liability, or company association. Any two or more persons or
entities which cumulatively own more than fifty (SO) per cent of the company and act in
concert shall be considered one entity owning a majority interest.
(c) The transfer, sale, lease, assignment or disposition of control of Waste Management,
including, but not limited to, by force or voluntary sale, merger, consolidation, receivership
or other means, shall make the franchise subject to cancellation unless and until the county
shall have consented thereto. For the purpose of determining whether it shall consent to
such transfer, sale, lease, assignment or disposition of control of Waste Management, the
county may inquire into the legal, financial, character, technical and other public interest
qualifications of the prospective controlling party, and the proposed grantee shall assist the
county in any such inquiry. Failure to provide all information reasonably requested by the
county as part of its inquiry may be grounds for denial of the proposed franchise transfer.
After considering the legal, financial, character, technical, and other public interest
qualifications of the applicant, the county may transfer and assign the rights and obligations
of such franchise as maybe in the public interest. The consent of the county to such transfer
shall not be unreasonably withheld, conditioned or delayed.
(d) Any approval by the county or transfer shall be contingent upon the prospective controlling
party becoming a signatory to the franchise and any operating agreement or other
agreement as required by the county.
(e) The requirements of the State of North Carolina pertaining to the transfer of ownership or
control of an entity possessing a solid waste permit are separate requirements.
SECTION 16. No Recourse
Waste Management shall have no recourse whatsoever against the county or its officials, boards,
commissions, agents, subcontractors, vendors, or employees for any loss, cost, expense or damage arising
out of any provision or requirements of the franchise or because of the enforcement of the franchise. This
section does not apply to equitable relief.
SECTION 17. Forfeiture and Revocation
(a) This franchise may be revoked in its entirety or with respect to certain rights and privileges
upon (1) Waste Management's default in the performance of any of the material obligations
under this franchise or the operating agreement after notice and opportunity to cure as
provided in the operating agreement, (2) Waste Management's willful violation of any
orders or rulings of any regulatory body having jurisdiction over Waste Management's
operation of the landfill after notice thereof, continuing and not being remedied or
reasonably addressed within 60 days of notice; (3) Waste Management's commission of
fraud or any unfair or deceptive act or practice in its application for this franchise or as to
the County under this franchise or the operating agreement, (4) Waste Management's
insolvency, inability, or unwillingness to pay any debts; or Waste Management is
adjudicated bankrupt, (S) Waste Management's misrepresentation of a material fact in the
application for or negotiation of the franchise or any extension or renewal thereof.
(b) The procedures to be followed in the event of any of the reasons or bases for default
established in Section 17(a) above shall be the procedures set forth in Section 8(b) of the
Randolph County Ordinance Establishing Procedures for the Application and Issuance of
Franchises for Solid Waste Facilities. The decision which results after completion of appeal
procedures as set forth in Section 8(b) shall constitute an exhaustion of administrative
remedies.
SECTION 18. E ective Date
This Ordinance shall become effective on
Adiournment
At 7:21 p.m., on motion ofFrye, seconded by Lanier, the Board voted unanimously to adjourn.
J. Harold Holmes, Chairman Darrell L. Frye
Arnold Lanier
Amanda Varner, Deputy Clerk to the Board
Stan Haywood