120213kw December 2, 2013
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, Kemp and Lanier were present. Dr. Bob Shackleford,
RCC President, gave the invocation.
County Emaloyee Service Awards Presentation
Chairman Harold Holmes and Vice Chair Darrell Frye, assisted by Human Resources
Director Stacy Griffin, presented County employee service award certificates and a piece of
pottery to the following honorees: 15 years of service: Robert D. Keye, Building Inspections
(not present); Michael L. Pittman, Emergency Services; Hugh D. Harris, Health; Sylvia A.
Sparks, Health; Deborah C. Thompson, Health (not present); Jeffrey E. York, Planning &
Zoning; John D. Carter, Sheriff (not present); John D. Garner, Sheriff; Pamela P. Owens,
Sheriff; Pamela P. Spitzbergen, Sheriff, Jennifer D. Evans, Social Services; Trina M. Fraley,
Social Services; Carolyn E. Leath, Social Services; Catherine A. Moffitt, Social Services;
Patrick J. Skelly, Social Services (not present); Dennis M. Garner, Tax; Jo Ann White, Tax. 20
years of service: Tammy R. Swaney, Emergency Services; Janice M. Kearns, Finance (not
present); Marlene C. Dawalt, Health; Robert L. Cross, Public Buildings (not present); Earl A.
King, Sheriff; Lloyd G. Locke, Jr., Sheriff; Jaynetta C. Butler, Social Services; Tawanna C.
Cain, Social Services; Heather W. Thomas, Social Services; Vickie D. Wilhoit, Social Services
(not present); Marcus T. Frick, Tax. 25 years of service: Robin B. Whatley, Emergency
Services; Lewis D. Schirloff, Emergency Services; Lisa A. Walker, Finance; Janet M. Nelson -
Cagle, Health; 30 years of service: Susan D. Coltrane, Library.
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 Rd., Liberty, NC, stated that he and other concerned
citizens had attended every meeting since January seeking an answer from the Commissioners
on the proposed Greensboro -Liberty mega site project. Mr. Ferguson said they know the
deadline for the grant issued to the county is to either expire or be extended very soon. He said
the citizens who live in the area of the proposed site deserve to know what is going on with the
project and requested the Commissioners advise the citizens of their decision regarding the
mega site.
Bobby Ferguson, 8703 Old 421 Rd., Julian, acknowledged and thanked the Commissioners
for their hard work over the past year and their willingness to hear their concerns regarding the
mega site and the impact it has had on citizens in the area. He thanked Commissioners Holmes
and Frye and Economic Development Director Bonnie Renfro for taking the time to make two
trips to his home to hear the concerns of the people that live around the proposed site and
offering them guidance and support.
Addie Luther, representing the Eastside Improvement Association, said that they have
been in business as Eastside Homes, which consists of apartments for the low income and
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elderly. She stated that they had utilized $235,000 in grant money they were awarded three
years ago through the NC Housing Finance Agency to make necessary changes for
improvements to the apartments. They have occupants in 15 of the 18 units. She said that a
gazebo is still due renovations in order to be handicap compliant and the exterior of the
building needs renovations. She said they borrowed $103,000 in 2001 in order to complete the
updates to the Boys and Girls Club, which is housed on the same property. She said she thinks
that it would cost about $7,000 to upgrade the gazebo to meet handicap regulations and that the
balance of the mortgage is $81,983.86 and the Association currently has $5,000 on hand. Ms.
Luther stated they had also received a letter of default from their bank. She said they had
fallen behind in their mortgage due to getting involved in the renovation of the building. She
asked the Board to consider funding their needs to prevent foreclosure.
Reorganization of the Board
On motion of Frye, seconded by Lanier, the Board voted unanimously to elect Harold
Holmes as Chairman.
On motion of Haywood, seconded by Lanier, the Board voted unanimously to elect Darrell
Frye as Vice Chair.
On motion of Frye, seconded by Lanier, the Board voted unanimously to approve the
following appointments: County Attorney, Ben Morgan; Associate County Attorney, Aimee
Scotton; Clerk to the Board, Cheryl Ivey; Deputy Clerk to the Board, Amanda Varner,
Representative to the Board of Health, Stan Haywood, Representative to the Social Services
Board, Arnold Lanier; Representative to the Sandhills Consolidated Mental Health Board,
Harold Holmes; Representative to the Juvenile Crime Prevention Council, Phil Kemp;
Representative to the High Point Transportation Advisory Board, Darrell Frye, Alternate
Representative to the High Point Transportation Advisory Board, Stan Haywood; PTRC
Delegate, Darrell Frye; Piedmont Triad Partnership, Phil Kemp; Piedmont Authority for
Regional Transportation, Darrell Frye; Regional Planning Organization Transportation
Advisory Committee, Stan Haywood; Tourism Development Authority Liaison, Phil Kemp;
Sandhills County Commissioner Advisory Board, Harold Holmes.
Approval of Consent Agenda
On motion of Lanier, seconded by Frye,
Consent Agenda, as follows:
the Board voted unanimously to approve the
• approve minutes of the regular meeting of 11/4/13;
• approve surety bonds for the following elected and appointed officials: Finance Officer
Will Massie ($500,000); Deputy Finance Officer Suzanne Dale ($500,000); Tax Collector
Debra Hill ($300,000); Deputy Tax Collectors: Sallie Cheek ($200,000), Revonda Cox
($200,000); Deputy Finance Officers for Jail Commissary: Phyllis Calloway ($10,000),
Judy Brown ($50,000), JoAnn Sapp ($10,000); Sheriff Maynard Reid ($25,000), Register of
Deeds Krista Lowe ($50, 000);
• designate Board of Commissioners Chair (Chief Elected Oficial) to the Regional
Partnership Local Workforce Development Area Consortium Chief Elected Oficial Board;
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kw • appoint Julie Mabe and reappoint Dr. Robert Dough, Dr. William Walker, Charles Lee &
Stan Haywood to the Randolph County Board of Health;
• approve Budget Amendment #17 for 2013 Merit Program, as follows:
• approve Budget Amendment #18 for Public Health ($25,494 in Animal Shelter & New
Leash on Life Program Donations and additional Funding from State for Environmental
Health & for Community Health Initiatives), as follows:
2013-2014 Budget Ordinance --General Fund—Budget Amendment #18
2013-2014 Budget Ordinance
General Fund—Budget Amendment #17
Revenues
Increase Decrease
Appropriated Fund Balance
$6,045
Appropriations
Increase Decrease
Administration
$109,239
Information Technology
$3,664
Tax
$6,032
Elections
$489
Register of Deeds
$1,126
Public Buildings
$1,851
Sheriff
$37,380
Emergency Services
$13,283
Building Inspections
$1,439
Day Reporting Center
$801
Planning & Zoning
$2,448
Cooperative Extension
$265
Soil & Water
$391
Public Works
$521
Public Health
$14,094
Social Services
$24,037
Veteran Services
$637
Child Support Enforcement
$1,648
Public Library
$5,178
• approve Budget Amendment #18 for Public Health ($25,494 in Animal Shelter & New
Leash on Life Program Donations and additional Funding from State for Environmental
Health & for Community Health Initiatives), as follows:
2013-2014 Budget Ordinance --General Fund—Budget Amendment #18
Revenues
Increase Decrease
Restricted Intergovernmental
$17,994
Miscellaneous
$ 7,500
Appr mons
Ineraase Decrease
Other Human Services Appropriations
$25,494
• approve Budget Amendment #19 for Public Health ($10,124 State TANF Funding), as
follows:
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2013-2014 Budget O nance--Genend Fund—Badge( Amendment #19
Revenues Increase Decrease
Restricted Intergovernmental $10,124
Appm nasions Increase Decrease
Public Health $10,124
approve Budget Amendment #20 for Emergency Services ($2,310 Cancer Center
Donation), as follows:
2013-2014 Budget Ordimwee–General Fund—Budget Amendment #f20
Revenues Increase Decrease
Miscellaneous $ 2,310
ronations Increase Decrease
Emergency Services $ 2,310
declare Sheriff's Office Canine "Bogie, " kennel & kennel fence as surplus (having no
monetary value) and grant permission for handler to adopt canine from Animal Shelter and
authorize donation of surplus kennel and kennel fence to handler;
appoint Laura Cox to Adult Care Home Community Advisory Committee.
Approval of Emergency Amendment to County School Budget
Randolph County Schools Superintendent Dr. Stephen Gainey said that the Randolph
County Administration and Board of Education had been made aware of the immediate and
unexpected facility needs in the football and baseball stadiums of Southwestern Randolph High
School. Randolph Electric Membership Corporation had advised that each stadium needs to
have two wooden light poles replaced with upgraded poles as woodpeckers had damaged the
wooden poles and they would not allow power on them. They will require rewiring of the
poles, transformers and other electrical work at an estimated cost of $160,0004200,000. On
November 18, 2013, the Randolph County Board of Education approved a resolution
authorizing the transfer of $200,000 from the Local Current Expense Fund to the Capital
Outlay Fund to facilitate the repairs. Dr. Gainey said that pursuant to the N.C.G.S. 115C -
433(d), the Commissioners must also approve this transfer between funds and requested action
to the request and authorize the transfer within 30 days.
Commissioner Frye asked if the Asheboro City Schools had been notified according to the
General Statute's guidelines and Dr. Gainey said that he would make sure that they are
notified.
On motion of Frye, seconded by Lanier, the Board voted unanimously to approve the
transfer of $200,000 from the County Schools' Current Expense Fund balance to the Capital
Outlay Fund, as requested.
Approval of Homeland Security Grant and Related Budget Amendment
Jared Byrd, Emergency Management Coordinator, said that Randolph County Emergency
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kw Services has agreed to host, pending Commissioner approval, a $190,937 grant on behalf of the
North Carolina Domestic Preparedness Region 6 (DPR6) from the FY2013 Homeland Security
Grant Program (HSGP). He stated that this regional grant will purchase four 100kW
emergency generators. Randolph County will have until February 28, 2015 to complete the
procurement as outlined in the grant memorandum of understanding. Compensation will be
provided by the State of North Carolina, Department of Public Safety, Division of Emergency
Management upon completion of the grant.
On motion of Frye, seconded by Lanier, the Board voted unanimously to authorize
Randolph County Emergency Services to host a $190,937 grant on behalf of the NC Domestic
Preparedness Region 6 from the FY2013 Homeland Security Grant Program to purchase four
emergency generators and to approve Budget amendment #21, as follows.
2013-2014 Budget 0n*nance--General Fund Budget Amendment #21
Revenues Increase Decrease
Restricted Intergovernmental $190,937
Appropriations ons Increase Decrease
Emergency Services $190,937
Adoption of Resolution to Offer Electronic Listing for Business Personal Property
Tax Administrator Debra Hill said the Tax Department is striving to provide current technology
to all businesses by offering the capability of listing online. This process will save time and money
for individuals and accountants that would like to file electronically, as well as for those
corporations that are filing multi jurisdictional listings.
Ms. Hill stated that they will use TAXscribe, which is a dynamic online business personal
property listing application created by Tax Management Associates, Inc., the County's current
business personal property auditing vendor. TAXScribe will work together with the Tax
Department to help businesses file business personal property listings online, easily and securely.
This process allows businesses to file listings and to request extensions.
Ms. Hill said that North Carolina General Statute 105-310.1 requires a resolution from the Board
of County Commissioners to permit electronic listing of personal property. North Carolina General
Statute 105-311(b) allows the affirmation to be signed using an electronic signature method, which
should also be included in the resolution.
On motion of Frye, seconded by Lanier, the Board voted unanimously to adopt a Resolution to
Offer Electronic Listing for Business Personal Property, as follows:
RESOLUTION PROVIDING FOR ELECTRONIC LISTING OF PERSONAL PROPERTY
FOR PROPERTY TAX PURPOSES
WHEREAS, North Carolina General Statute § 105-310.1 authorizes Counties to permit
electronic listing of personal property, and
WHEREAS, North Carolina General Statute] 05-311 (b) authorizes electronic signature of
personal property listings which are submitted electronically; and
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WHEREAS, North Carolina General Statute 105-307(c) allows a board of county
commissioners to grant individual extensions of time for the electronic listing of personal
property upon written request and for good cause shown; and
WHEREAS, North Carolina General Statute 105-307(c) further allows a board of county
commissioners to delegate the authority to grant extensions to the assessor.
NOW THEREFORE BE IT RESOLVED by the Randolph County Board of Commissioners,
asfollows:
Section 1. That personal property listings submitted and signed electronically are hereby
authorized; and
Section 2. The following procedures will apply to electronic tax filings:
Electronic listings must be submitted online;
2. Facsimiles will not be accepted as electronic listings;
3. To file electronically, the taxpayer must use an electronic listing application
approved by the County;
4. Unless an extension is requested and granted, the period during which property is to
be listed for taxation each year begins on the first business day of January and ends
on January 31.
5. To request an extension of time to file, the taxpayer must file an online request during
the month of January and must provide an Account ID provided by the County and
associated with the location for which the extension is requested. Once an extension
of time has been granted by the Randolph County Assessor, the electronic filing must
be received by the Randolph County Assessor no later than April 15 in order to avoid
late list penalties; and
Section 3. This resolution shall be recorded in the minutes of the Randolph County Board of
Commissioners and notice of the procedure for electronic filing of personal property listings
shall be published as required by G.S. § 105-296(c); and
Section 4. This resolution is effective upon its adoption.
Public Hearina and Adoption of Ordinance Designating Faith Rock as a Historic
Landmark
Hal Johnson, Planning and Zoning Director and Chairman of the Historic Landmark
Preservation Commission, said that Faith Rock, if approved, would be the 18ffi local historic
landmark in Randolph County. He provided a pictorial presentation and stated Faith Rock is a
bluestone outcrop on Deep River located in Franklinville, N.C. In 1782, Faith Rock was the
setting for one of Randolph County's most legendary Revolutionary War incidents involving
the notorious Tory guerilla leader David Fanning, local Revolutionary War Patriot Andrew
Hunter, and a mutually valued horse named Bay Doe.
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Mr. Johnson said Faith Rock has both an ecological natural heritage and historical
significance to Randolph County and the Town of Franklinville. It was the setting for one of
Randolph County's most legendary Revolutionary War incidents involving Tory guerilla
leader David Fanning and local Patriot Andrew Hunter. Hunter had been captured by Fanning,
but was able to make a desperate escape from Fanning and his troops even after being shot.
According to legend, Hunter was able to save himself by jumping on Fanning's favorite horse
named Bay Doe and riding to safety. Bay Doe was a horse that was much loved by David
Fanning, and in 1782, Fanning returned to Franklinville in an effort to retrieve his favorite
horse. Fanning found Andrew Hunter still in possession of the horse and a chase began, which
ended on Faith Rock. Local legend has maintained that Hunter was able to escape capture and
probable execution by David Fanning by jumping Bay Doe from Faith Rock into the Deep
River that flowed below the rock from a slope of almost 60 degrees. Fanning and his men
were in awe at this jump, and although they fired shots at Fanning, they could not pursue.
Local legend in Franklinville has maintained the claim that Bay Doe's hoof prints can still be
seen embedded in Faith Rock. It is also claimed that some horse lineage currently in Randolph
County can be traced back to Bay Doe.
Mr. Johnson stated that in recognition of the cultural and historical significance of Faith
Rock to the Town of Franklinville and the Randolph County community, that on August 27,
2013, the Randolph County Historic Preservation Commission designated Faith Rock as a local
Cultural Heritage Site, and directed that further study and actions be taken to obtain Local
Historic Landmark designation. Then, on October 22, 2013, the Randolph County Historic
Landmark Preservation Commission unanimously approved a resolution recommending
landmark designation.
Mr. Johnson requested the Commissioners adopt an ordinance designating Faith Rock as a
historic landmark.
At 6:49 p.m., Chairman Holmes opened the duly advertised public hearing. Upon hearing
no comments, the public hearing was closed.
On motion of Lanier, seconded by Frye, the Board voted unanimously to adopt an
Ordinance designating Faith Rock, ca 1782, as a local historical landmark, as follows:
Ordinance Designating the Faith Rock, ca 1782 Revolutionary War Incident, as a
Local Historic Landmark in Randolph County, North Carolina
WHEREAS, CHAPTER 160A, Article 19, Part 3C, of the North Carolina General Statutes
provides for the designation of Local Historic Landmarks; and
WHEREAS, on June 2, 2008, the Randolph County Board of Commissioners adopted an
Ordinance which established the Randolph County Historic Landmark Preservation
Commission to perform those duties of recommending designation and regulating Local
Historic Landmarks pursuant to N. C. General Statutes; and
WHEREAS, the Randolph County Board of Commissioners has taken into full
consideration all historical data and information contained in the report as submitted by the
Randolph County Historic Landmark Preservation Commission; and
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WHEREAS, the North Carolina Department of Cultural Resources, State Historic
Preservation Office, has reviewed the historical data and noted that the report provides
adequate information to determine whether the Faith Rock, ca. 1782 Revolutionary War
Incident, meets the required special significance and integrity for Local Historic Landmark
designation; and
WHEREAS, the Randolph County Historic Landmark Preservation Commission and the
Randolph County Board of Commissioners have held the required public hearings and
published legal notices with mailings to adjoining property owners; and
WHEREAS, the Randolph County Historic Landmark Preservation Commission has
adopted a unanimous resolution requesting that the Board of County Commissioners
designate the Faith Rock as a Local Historic Landmark; and
WHEREAS, this property is more specifically described as follows:
Faith Rock, and the ca. 1782 Revolutionary War Incident, is located on a I acre
site considered primary out of a 13.88 secondary tract, 216 W. Main Street,
Franklinville Township, N.C. PIN# 7792258642, Owner, FBD Perry J. Conner
IRA;
NOW, THEREFORE, BE IT ORDAINED, this 2"d Day of December, 2013, by the
Randolph County Board of Commissioners that:
1: The property known as Faith Rock and previously described is hereby designated as a
Randolph County Local Historic Landmark pursuant to Chapter 160A, Article 19, Part 3C,
of the North Carolina General Statutes.
2: The site of the Faith Rock as described shall not be materially altered only following
the issuance of a Certificate of Appropriateness from the Randolph County Historic
Landmark Preservation Commission.
3: A suitable sign may be posted indicating the designation as a Randolph County Local
Historic Landmark.
4: Copies of this Ordinance shall be filed and indexed in the Office of the Clerk to the
Board of County Commissioners, the Randolph County Register of Deeds, the Randolph
County Tax Department, and the Randolph County Planning Department as required by
applicable law.
Upon the motion of Lanier, and a second by Frye, the foregoing Ordinance was passed upon
its first reading by a vote of 5-0.
This Ordinance shall be in full force and effect from and after the date of its passage.
Radio Funding Request from Randolph County Fire Chiefs
Climax Fire Chief Gary McGee spoke on behalf of all the county fire chiefs and fire
departments that serve Randolph County to update the Commissioners on radio funding needs,
due to FCC imposed changes to the radio and pager frequencies that are utilized for emergency
communications. Chief McGee said that since the change's inception, the departments of
Randolph County have been working diligently to determine the safest and most cost effective
means to be in compliance, while ensuring interoperability with EMS, law enforcement, and
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46e neighboring mutual aid counties. He stated that Commissioner Haywood participated on a
special committee that was formed to make decisions and develop a plan for moving forward.
The recommendation developed by the committee included the transition to a state maintained
radio system called V.I.P.E.R. in lieu of a standalone private system. This decision resulted in
large cost savings to the county upfront for radio towers and transmitters, and long term for
continued technical support. The recommendation made by the committee was for the county to
purchase the minimal infrastructure needed for this new compliant paging and radio
communications system and the radios for county sheriff and emergency services units,
including the fire marshal's office. He said that it ultimately left the fire departments working to
acquire the funding needed to purchase radios for their existing fire apparatus and firefighters by
means of grants and local fundraisers.
Chief McGee said that departments have made diligent efforts over the last three years to fund
the majority of the radio and voice pager needs for the departments of Randolph County. The
efforts included a combined acquisition of national, state, and local grants, along with many
community fundraisers. Initial research by all the fire departments indicated that it would cost
2.3 million dollars to equip every piece of fire apparatus with sufficient radios for safe
operations. Chief McGee said that throughout the last three years, the fire departments of
Randolph County have raised in excess of 1.5 million dollars in combined grants, fundraisers,
and capital funding, but still remain short of the overall goal.
Chief McGee said the departments of Randolph County are asking for financial support to
finish this important project to ensure the continuation of operations. The departments are asking
for Randolph County to provide half of the remaining funds needed to finish the balance of the
radios needed. The total remaining radio funding need is $460,656.00, with the request to the
County being 50% of this figure, or $230,328.00. These prices reflect State contract pricing from
the vendor, but do not reflect the additional savings that could be acquired by ordering on or
before December 15, 2013, through a Motorola year end promotional opportunity. This once -a -
year -end promotional opportunity would allow an additional $450.00 discount per radio for a
total overall savings of $62,100.00. The additional savings would equate to an amended total
amount of $398,556.00 with 50% of that coming from Randolph County in the amount of
$199,278.00. He said the amount requested from the County is only 10.5% of the total amount,
leaving 89.5% raised by the county's fire departments in three years' time, mostly by volunteers.
Motorola will provide support for their radios through 2026.
Commissioner Frye asked why Westside Fire Department's request was so much higher than
others. Chief McGee explained that some smaller departments may have received enough
funding in the initial grant or the municipality funded the needs and the larger stations may have
several bases, apparatus and personnel to equip. Westside Fire Chief Recil Williamson spoke,
saying that repeaters are also included in his amount due to the lack of reception in the Caraway
mountain area.
Commissioner Kemp suggested a temporary fire tax increase to the citizens in the area of the
departments that still need radios.
Commissioner Lanier asked that the Board consider changes in the requirement for yearly
audits from the County fire departments. He stated that an audit is costing a fire department on
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the average of $5,00045,500 each year. He said that the elimination of the expense of the yearly
audit would allow the smaller departments some relief in their annual budgets and perhaps they
wouldn't have to ask for a fire tax increase from the County, which is their primary revenue
source for capital funding.
After Board discussion, Commissioner Frye proposed they consider the requirements of a full
audit only every three years and a compilation during the other years. He felt the level of
accountability has improved in the last several years and a future discussion may be warranted.
After discussion regarding the property revaluation and not wanting to add any additional tax
burden to citizens, Commissioner Frye suggested a $200,000 loan to be paid over a 60 -month
(five-year) period with no interest. Chief McGee said that would be his third choice, with his
first choice still being 50% of the funding needed, or $199,278.00 paid by the County, if done by
December 15. Chief McGee said his second choice, if the Commissioners were willing to do a
loan (provided it also could be done before December 15), would be for a 25% ($99,639) grant
and a 75% ($298,917) interest-free loan over three years.
On motion of Frye, seconded by Kemp, the Board voted unanimously to approve a $200,000
interest free loan, to be paid over a 60 -month period, for the purchase of radios for the fire
departments.
Approval of Ambulance Base in FY '14-15 Budget
During the request for radio funding, Commissioner Lanier asked that the Board consider the
funding of at least one ambulance base in the southwest portion of Randolph County, saying that
it had been discussed many times, but nothing had been done.
Commissioner Haywood said that he agreed with Commissioner Lanier that the need is great,
but they needed to consider the recurring expense of the base and personnel and other unintended
consequences that might ultimately require another half cent on the tax rate.
Commissioner Lanier said that he felt like the citizens in his district would be more willing to
support an increase if they were getting an ambulance base for it.
Commissioner Kemp stated that until the Commissioners get a report on what the County's
values are for the upcoming revaluation, they will not know what they are facing going into the
budget process. He would like to have more information before committing to the expense.
On motion of Lanier, seconded by Haywood, the Board voted 4-1, with Kemp opposing, to
fund an ambulance base in the southwest portion of Randolph County in fiscal year 2014-V 5.
Rezoning Public Hearing & Action
At 7:21 p.m., the Board adjourned to a duly advertised public hearing to consider a rezoning
request. Hal Johnson, Planning Director, presented the following request and Chairman Holmes
opened the public hearing for comments and closed it before taking action on the following
request: Vo
MERIC, INC., Randleman, North Carolina, is requesting a change to the Conditional District
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Permit issued to their property of 8.60 acres located at 9755 US Hwy 220 Business North, Level
Cross Township Zoning District LI -CD, Tax ID# 7767265344, Primary Growth Area,
Randleman Lake Watershed. The proposed Conditional Zoning District would specifically allow
the existing facility to be used for light manufacturing as per site plan. The Planning Board
reviewed this request at public meeting on November 5, 2013, and unanimously recommended
that this request be approved. The Planning Board found the following policies within the 2009
Growth Management Plan that support determination of consistency with the adopted plan with
this recommendation:
Policy 3.3 Light industrial sites should be located in urbanized areas to take advantage of
available services and to reduce home -to -work distances. Careful design and/or buffering shall
be required to insure compatibility with surrounding areas.
Policy 3.7 Sustainable economic growth, environmental protection, and quality of life shall be
pursued together as mutually supporting growth management goals.
No one spoke during the public hearing.
On motion of Haywood, seconded by Frye, the Board voted unanimously to approve the
request of Meric, Inc., as determined consistent with the standards and policies contained within
the Growth Management Plan and outlined in the recommendations provided by the County
Planning Board.
Request for Approval of 2014 Technology Plan
4W Michael Rowland, County Information Technology (IT) Director, presented the proposed
2014 Strategic Technology Work Plan, stating that it had been reviewed and approved by the
Technology Planning Team (TPT) on November 20, 2013 and consists of two projects. The first
project will be to complete the Network Infrastructure Upgrade project from the 2013 Work Plan.
The second is a new project to complete much needed database software upgrades.
1. Network Infrastructure Upgrades — This project consisted of a network core upgrade,
Storage Area Network (SAN) upgrade, email server upgrade and the addition of a second
network firewall and internet circuit. The Storage Area Network upgrade has been
completed. All production servers have been migrated to the new storage. As a result, the c
County is now seeing increased performance with all internal enterprise applications that
reside on it. The email server upgrade has also been completed. All county email users
have been migrated to the new server. Over the next few months, IT will continue to
deploy new capabilities gained from the upgrade. The last phase of the project is to move
the network core switch upgrade and second firewall into production. This part of the
project should be complete by the end of December 2013. When this is fully implemented,
it will be a faster, more redundant network for employees to access their critical internal
and external state applications and will provide a faster, more redundant internet
connection for citizens to access county web services.
2. Database Software Upgrades — All of the County enterprise applications utilize database
software to store and retrieve data and has standardized on Microsoft SQL server as County
database software to perform these functions. This database software was chosen for its
combination of performance, features and price. The number of database servers being
managed has grown as the legacy applications have been replaced. This in turn led to an
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increase in the amount of time required to manage the databases as well as an exponential
increase in the cost to keep the database software current. In order to manage the growth in
the number of database servers, the County has undertaken a database consolidation
project. This project has allowed the County to reduce the number of database systems
from 21 to just 7 production systems. Even with the database consolidation, it has been
impossible to keep the database software current. This is due to increasing license costs and
budget constraints. The majority of our database software is at least one full release behind.
The County has one database server that is two full releases behind. This particular
database server will reach its end of life for support from Microsoft in 2014. The goal of
this project is to upgrade all production database servers to the latest database software
version. The software upgrade will be purchased with software maintenance. This will
allow the County to continue to receive any new database software releases for the next
three years. The County would then have the opportunity to include the software
maintenance in the budget as a normal operating cost. In addition to software upgrades, the
maintenance license agreement allows the County to take better advantage of the high
availability and fault tolerance capabilities of the virtual environment and Storage Area
Network. This is critical to the County's disaster recovery and business continuity plans.
The estimated cost of this upgrade is $77,000.
Priority
New Dollars
Requested
Project Name
Projected time line for
completion
1
$0
Network Infrastructure
December 2013
Upgrade
2
$77,000
Database Software
2014
Upgrades
After discussion, the Board decided to discuss this item at the Board retreat and to consider
making the Technology Plan and Funding part of the budget process.
Approval of County -Wide Document Imaging Policy
Michael Rowland, County Information Technology (IT) Director, said that in order to
implement document imaging, the North Carolina Department of Cultural Resources requires
each agency wishing to scan documents to submit a document imaging policy. The policy
ensures that the document imaging system being used meets all Department of Cultural
Resources requirements for record security, trustworthiness, availability and maintenance. It
serves as documentation of procedures followed in imaging, indexing, auditing, backing up and
purging electronic records. It defines the specific responsibilities of the department, IT and the
record creators.
He said that Randolph County has had a county -wide document imaging system in place since
2004. Social Services, Public Health and the Sheriff s Office have already gone through the process of
developing a document imaging policy and having it approved by the state. IT is currently working on
installing document imaging in the Child Support Enforcement department. To facilitate the
implementation of document imaging in Child Support Enforcement and all other departments, the
Department of Cultural Resources has suggested that the County develop a county -wide policy. This
711
policy covers all departments and supersedes any previous policy. Mr. Rowland stated that the
Technology Policy Team and the Department of Cultural Resources have approved the policy.
On motion of Frye, seconded by Kemp, the Board voted unanimously to approve the County -
Wide Document Imaging Policy, effective January 1, 2014, as requested, and as ATTACHED.
Adoption of Ordinance Establishing Procedures for the Application and Issuance of
Franchises for Solid Waste Facilities
County Manager Richard Wells stated that a draft ordinance was presented to the Board at the
November 4, 2013 meeting and pursuant to NCGS 153A-45, and that it can now be considered
for adoption. He provided a brief summary of the purpose of a franchise ordinance:
A franchise is the governmental grant of a privilege to conduct business. In the
context of solid waste facilities, local governments use franchises to control the types
of waste the company is allowed to dispose, the geographic territory the company is
permitted to haul from, and the fee or fees payable to the government for granting such
privilege.
N.C. General Statutes allow, but do not require, a county to adopt an ordinance
establishing the procedures by which solid waste franchises shall be considered and
issued. In light of the County's deliberate and cautious consideration of a long-term
partner to construct and operate the proposed landfill, the prudent step is to adopt an
ordinance that specifies the method for application, consideration and award of the
franchise.
The ordinance serves the following purposes:
• Enables the county to issue exclusive franchises.
• Protects existing facilities already permitted by NCDENR.
• Creates a simple but thorough process consistent with G.S. 130A-294 by
which the applicant is approved. This process would presumably occur
after an operating partner is selected.
• Articulates the powers and rights reserved to the county for suspension or
termination. These powers are independent of any rights to be included in
an operating agreement and can be exercised if the operating partner is sold
or control is transferred to another person or entity, or if the franchisee fails
to remedy health or safety violations or breaches other contracts with the
county.
On motion of Kemp, seconded by Lanier, the Board voted 4-1, with Haywood opposing, to
adopt an Ordinance Establishing Procedures for the Application and Issuance of Franchises for
Solid Waste Facilities, as follows:
712
AN ORDINANCE ESTABLISHING PROCEDURES FOR THE APPLICATION AND
ISSUANCE OF FRANCHISES FOR SOLID WASTE FACILITIES IN
RANDOLPH COUNTY
WHEREAS, N.C. Gen. Stat. §153A-136 provides that counties may, by ordinance,
regulate the storage, collection, transportation, use, disposal, and other disposition of solid
wastes; and
WHEREAS, N.C. Gen. Stat. §153A-136 further provides that counties may regulate solid
waste by granting a franchise to one or more persons for the exclusive right to
commercially collect or dispose of solid wastes within all or a defined portion of the county
and prohibit any other person from commercially collecting or disposing of solid wastes in
that area; and
WHEREAS, N.C. Gen. Stat. §153A-136 further provides that the board of
commissioners may set the terms of any franchise and regulate solid waste fees as
authorized by this section; and
WHEREAS, N.C. Gen. Stat. §130A-294(bl)(2) establishes procedures governing the
process by which franchises for solid waste facilities are considered and issued; and
WHEREAS, franchises for solid waste facilities are necessary for the protection of
public health and safety.
NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the
County of Randolph, State of North Carolina, that:
Section 1. Definitions.
For the purposes of this ordinance, the following words, phrases, and terms shall have the
meaning provided herein, not inconsistent with definitions provided by the North Carolina
General Statutes and Administrative Rules. Words, phrases or terms not defined herein
shall have the same meaning as applied by North Carolina General Statute or
Administrative Rules; if not so defined, then the word, phrase or term shall have the
definition commonly applied within the industry; and words, phrases and terms not
common to the solid waste industry shall have the same meaning as found in the latest
edition of Webster's Dictionary.
(a)"Closure" shall mean the cessation of operation of a solid waste management facility
and the act of securing the facility so that it will pose no significant threat to human health
or the environment.
(b) "Construction" or "demolition" or "C&D " when used in connection with "waste" or
"debris" shall mean solid waste resulting solely from construction, remodeling, repair, or
demolition operations on pavement, buildings, or other structures, but does not include
inert debris, land -clearing debris or yard debris.
(c)"County" shall mean either the geographical territory of the Randolph County or the
County as a political subdivision of the State of North Carolina acting through its Board of
Commissioners, administrative personnel or other employees.
(d) "Disposal " shall mean the discharge, deposit, injection, dumping, spilling, leaking or
placing of any solid waste into or on any land or water so that the solid waste or any
constituent part of the solid waste may enter the environment or be emitted into the air or
discharged into any waters, including groundwaters.
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(e)"Facility Plan" shall mean the plan for the construction and operation of the facility
submitted to NCDENR, either as a preliminary plan, final plan or revised plan.
(f)"Franchise" shall mean an ordinance adopted by Randolph County pursuant to
authority granted by N.C. Gen. Stat. §§153A-136 and 130A-294 which governs the types
and amounts of solid waste a person or company is allowed to dispose in a solid waste
facility in Randolph County, the territory from which that waste is allowed to be collected
and transported, the procedures to be followed for governmental oversight, and the terms
of any franchise fees to be paid to Randolph County. A franchise maybe issued without an
operating agreement, in conjunction with an operating agreement, or preliminary to an
operating agreement with the person or company who has been issued the franchise.
(g) "Franchise Fee " shall mean the payment to Randolph County from the person to whom
a franchise has been issued, payable in amounts and intervals as determined by the terms
of the franchise.
(h)"Franchise territory" shall mean the geographic area, expressed in terms of distance
from a fixed point or through a listing of counties within the territory, from which the
franchisee may collect solid waste for transport and disposal within Randolph County.
(i)"Gas to Energy" shall mean the process by which landfill gases are converted to any
form of useable energy under any technology.
(j) "Inert debris" shall mean solid waste which consists solely of material that is virtually
inert and that is likely to retain its physical and chemical structure under expected
conditions of disposal.
(k) "Land -clearing debris" shall mean solid waste which is generated solely from land -
clearing activities.
(1) "Landfill" shall mean a disposal facility or part of a disposal facility where waste is
placed in or on land and which is not a land treatment facility, a surface impoundment, an
injection well, a hazardous waste long-term storage facility or a surface storage facility.
(m)"Municipal solid waste" shall mean 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. Municipal solid waste does not include hazardous waste,
sludge, industrial waste managed in a solid waste management facility owned and operated
by the generator of the industrial waste for management of that waste, or solid waste from
mining or agricultural operations.
(n)"Municipal solid waste management facility" shall mean any publicly or privately
owned solid waste management facility permitted by NCDENR that receives municipal
solid waste for processing, treatment, or disposal.
(o)"NCDENR" shall mean the North Carolina Department of Environment and Natural
Resources, whether acting through any of its divisions or personnel, and its successor
agency or agencies.
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(p) "Operator" shall mean any person, including the owner, who is principally engaged in,
and is in charge of, the actual operation, supervision, and maintenance of a solid waste
management facility and includes the person in charge of a shift or periods of operation
during any part of the day.
(q) "Person " shall mean an individual, corporation, company, association, partnership,
unit of local government, State agency, federal agency or other legal entity.
(r)"Population" shall mean the number of persons within any geographical territory as
determined by the most recently published data from the U.S. Census Bureau or more
recent data published by the U.S. Government.
(s) "Recovered material" shall mean a material that has known recycling potential, can be
feasibly recycled, has been diverted or removed from the solid waste stream for sale, use,
or reuse, and meets the requirements of G.S. 130A -309.05(c).
(t)"Recyclable material" shall mean those materials which are capable of being recycled
and which would otherwise be processed or disposed of as solid waste.
(u) "Recycling" shall mean any process by which solid waste, or materials which would
otherwise become solid waste, are collected, separated, or processed, and reused or
returned to use in the form of raw materials or products.
(v) "Refuse -derived fuel" shall mean fuel that consists of municipal solid waste from which
recyclable and noncombustible materials are removed so that the remaining material is
used for energy production.
(w) "Resource recovery" shall mean the process of obtaining material or energy resources
from discarded solid waste which no longer has any useful life in its present form and
preparing the solid waste for recycling.
(x)"Solid waste" shall mean any hazardous or nonhazardous garbage or refuse; sludge
from a waste treatment plant, water supply treatment plant or air pollution control facility;
domestic sewage and sludges generated by the treatment thereof in sanitary sewage
collection, treatment and disposal systems; and other material that is either discarded or is
being accumulated, stored or treated prior to being discarded, or has served its original
intended use and is generally discarded, including solid, liquid, semisolid or contained
gaseous material resulting from industrial, institutional, commercial and agricultural
operations, and from community activities. The term does not include the types of waste
excluded under N.C. Gen. Stat. § 130A-290.
(y)"Useful life" shall mean a reasonable calculation prepared by a licensed engineer
projecting the number of years the landfill should have capacity to receive solid waste from
the franchise territory plus any additional years that the landfill should be expected to
generate energy from landfill gas or other known methods or technologies.
(z)"Waste stream" shall mean (1) the totality of solid waste collected from the franchise
territory and transported to and disposed in the solid waste facility during its useful life;
and (2) the totality of solid waste which is transported to the solid waste facility for
recycling and which leaves the facility either for further treatment or processing elsewhere
or as market product.
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(aa)"Yard trash" shall mean solid waste consisting solely of vegetative matter resulting
from landscaping maintenance.
Section 2. Sanitary Landfill Franchise Required.
No sanitary landfill or other solid waste facility shall be operated within Randolph County
without a franchise granted pursuant to this ordinance. Facilities exclusively limited to the
disposal of yard waste, inert debris or land -clearing debris, and existing solid waste
facilities already permitted by the State of North Carolina, are exempt from this ordinance.
Section 3. Term of Franchise.
The term of a franchise shall be stated in the franchise, but shall not exceed thirty (30)
years. At any time during the two (2) remaining years of an existing franchise the
franchisee may, upon proper application, request an extension of the franchise. In no event
may the renewal term and the remaining months or years of the existing franchise exceed a
total of thirty (30) years.
Section 4. Franchise May be Exclusive
A franchise may be exclusive for certain types of waste. The issuance of an exclusive
franchise for certain types of waste shall not preclude the issuance by the county of
franchises for other types of waste.
Section 5. Contents of application.
An application for a franchise shall include the following information:
(1) The qualifications of the applicant to operate a sanitary landfill or other type of solid
waste facility, including information concerning the applicant's legal and financial status;
the applicant's character, experience, and business reputation; technical expertise; and
any other information relevant to the applicant's qualifications. The County reserves the
right to seek additional information that, in its discretion, is necessary to determine the
applicant's qualifications.
(2) A statement of the population to be served, including a description of the geographic
area.
(3) A description of the volume and characteristics of the waste stream entering the solid
waste facility, including all recovered and recyclable materials and any recycled products
or other waste shipped from the facility.
(4) A projection on the useful life of the landfill.
(5) A description of the means and routes of transportation for each part of the waste
stream.
(6) A demonstration of the franchise applicant's qualifications and experience and
financial assurances.
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(7) A description of any activities involving recycling, resource recovery, refuse -derived
fuel and/or gas -to -energy production.
Section 6. Grant of franchise.
Public notice and public hearings related to issuance of a franchise shall be consistent with
N.C. General Statute § 130A-294.
Upon review of the application and consideration of any other information or factors it
deems relevant, the Board of Commissioners may issue or deny a franchise in its sole and
complete discretion, and upon issuance of a franchise it may include whatever
requirements, restrictions, or provisions it deems advisable and in the public interest,
including such fees or payments to be made to the county.
Section 7. Transfer of ownership or control.
(a) Franchise non-transferrable. A 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.
(b) Transfer threshold. The franchisee shall promptly notify the county of (1) any actual or
proposed change in or transfer of the franchisee's ownership or (2) acquisition by any
other party of control of the franchisee. 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 the franchisee, directly or indirectly, by gift, assignment, voluntary sale,
merger, consolidation devise or otherwise, of at least SO percent ownership or controlling
interest in the franchisee at one time or cumulatively over the term 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 (50) per cent of the franchise and act in concert shall be considered
one entity owning a majority interest.
(c) Suspension and Re-application. The transfer, sale, lease, assignment or disposition of
control of the grantee, 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
the grantee, 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 may be in the public interest. The consent of the
county to such transfer shall not be unreasonably withheld.
(d) Signatory requirement. 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.
M
(e) Permits. The requirements of the State of North Carolina pertaining to solid waste
permits are separate requirements.
Section 8. Forfeiture or Revocation.
(a) Grounds of revocation. The county reserves the right to revoke any franchise granted
hereunder, and to rescind all rights and privileges associated with the franchise in
accordance with the procedures set forth herein, in the following circumstances, each of
which represents a default and breach under this chapter and the franchise grant:
(1) Grantee's default in the performance of any of the material obligations under this
chapter or the franchise or under such documents, operating agreements or other
contracts entered into by and between the county and the grantee.
(2) Grantee's violation of any orders or rulings of any regulatory body having
jurisdiction over the grantee after notice thereof, continuing and not being remedied or
reasonably addressed within 60 days of notice.
(3) Grantee's fraud or any unfair or deceptive act or practice with regard to the county
or the public under the laws of the state.
(4) Grantee's insolvency, inability, or unwillingness to pay its debts; or grantee is
adjudged bankrupt.
(5) Grantee's misrepresentation of a material fact in the application for, or negotiation
of the franchise or any extension or renewal thereof.
(b) Procedure prior to revocation.
(1) The county shall make written demand that the grantee comply with any material
requirement, limitation, term, condition, rule or regulation or correct any action deemed
cause for revocation. If the failure, refusal or neglect of the grantee continues for a
period of 30 days following such written demand, the county shall place its intent to
revoke the franchise upon a regular county commissioner meeting agenda. The county
shall cause to be mailed by certified mail to grantee at least 10 days prior to the date of
such meeting, a written notice of intent to revoke and the reasons therefore, and the time
and place of the meeting, notice of which shall be published by the county clerk at least
once 10 days before such meeting in a newspaper of general circulation within the
county.
(2) The County Board of Commissioners shall hear any persons interested therein, and
shall determine in its discretion, whether or not any breach, failure, refusal or neglect
by the grantee was with just cause.
(3) If such breach, failure, refusal or neglect by the grantee was with just cause, as
reasonably determined by the county, the County Board of Commissioners shall direct
the grantee to comply within such time and manner and upon such terms and conditions
as are reasonable.
717
718
(4) If the County Board of Commissioners shall determine that such breach, failure,
refusal or neglect by the grantee was without just cause, then the County Board of
Commissioners shall, by resolution, declare that the franchise of the grantee shall be
revoked.
Section 9. Equal Opportunity Policy.
The franchisee shall afford equal opportunity employment to all qualified persons, and no
person shall be discriminated against in employment because of race, color, religion, age,
national origin, sex, or disability. The franchisee shall comply with all equal opportunity
provisions enacted by federal, state and local authorities.
Section 10. Notices.
All notices from franchisee to the county pursuant to this chapter and franchise shall be to
the county manager or his/her designee. Franchisee shall maintain with the county
throughout the term of the franchise, an address for service of notices by mail, which
address shall be noted in the franchise agreement.
Section 11. No recourse against the grantor.
Except when seeking equitable relief, the grantee shall have no recourse whatsoever
against the county or its officials, boards, commissions, agents, 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 this chapter or the franchise.
Section 12. Incorporation of provisions.
The requirements of this ordinance shall be binding on the grantee of a franchise whether
or not the terms are incorporated into the franchise itself or any operating agreements or
other contracts.
Section 13. Effective Date.
This Ordinance shall become effective on December 2, 2013.
Recommendation of Landfill Operating Partner
Finance Officer Will Massie presented details regarding the Requests for Proposals (RFPs)
for an operating partner for the proposed regional landfill.. He said that the purpose of the
project was to save citizens for direct out-of-pocket costs of solid waste disposal, and to provide
financial benefits to Randolph County, such as new revenue streams and reduced operating cost.
By developing a county landfill, the County can eliminate the cost of operating the transfer
station, hauling costs to a regional landfill (Uwharrie) and residential users can drop off bags at
convenience sites with no charge.
He said when considering the financial benefits to the county there are several new revenue
streams. There is a franchise fee for the partner to operate in the county, a lease for use of
airspace on County property, host fees for out -of -county waste, revenue sharing, and revenues
from the sale of methane gas.
719
kw As part of the Request for Proposals, the companies were asked to take over operations of the
four rural convenience sites plus two future sites and to conduct the annual monitoring and
regular maintenance at the closed county landfill, which would be a cost savings to Randolph
County.
Mr. Massie said that the Landfill Review Committee consisted of Commissioner Kemp,
Commissioner Lanier, the County Manager, the Public Works Director and the Asst. County
Manager/Finance Officer. He stated that the process began in August 2013 with Requests for
Qualifications (RFQs), which is a solicitation of interest in companies that provide needed
services. A pre-bid conference was held in September 2013. Requests for Proposals were due
and received in November. Once a partner is selected, contract negotiations could take sixty to
ninety days and then around February or March 2014 the County could award a franchise to an
operating partner. He stated that a public hearing is required before the franchise is awarded.
Seven national companies submitted qualifications and the Committee selected five finalists:
Advanced Disposal, Republic Industries, Waste Connections, Waste Industries and Waste
Management. All five are in the top ten in revenue for hauling and disposal in North America.
The Landfill Review Committee placed the following details in the Request for Proposals
(RFP) that was submitted to the five companies:
► Thirty year contract
► For simplicity, ease of proposal comparison, and budget stability, the various revenue
streams were combined into:
• An up -front, one-time payment
• Annual fixed payments for 30 years
• Due July 31 each year, adjusted for inflation
► County retains rights to renewable energy (methane gas) and will negotiate later
► Company will operate convenience sites and dispose of waste
► Company will operate transfer station and dispose of solid waste after the current contract
with Republic expires in January 2015.
► Closure and post -closure funds will be put into a County -owned reserve
► Other Incentives
On November 12th, the following three companies submitted competitive proposals:
Advanced Disposal, Waste Industries and Waste Management.
Mr. Massie reviewed the financial benefits of each company's proposal, as follows:
Initial
Net present value
Franchise fee
Total Net
Percent
Other
Annual
of annual payments
upfront
Present Value
of
Incentives
Fee
over 30 years
of annual
Recycla-
payments
ble
6/30/2014
Material
Sales
Advanced
$690, 000
$20,700,000
$1,000,000
$21,700,000
100.00%
Disposal
Waste
$500,000
$15,000,000
$8,000,000
$23,000,000
0.00%
Total -
Industries
$750,000
Waste
$500,000/
$29,500,000
$3,500,000
$33,000,000
75% net
capital
contribution
Management
$1,000,000
- Animal
Shelter
Annual payments will be adiusted by an Inflation factor. resulting
in net present value todav
eaual to
30 times the annual fee.
Mr. Massie said that the other big issue in the RFP was how to handle the operation of the
transfer station from January 6, 2015 until a permit to operate new landfill is issued. Advanced
Disposal said it could be negotiated. Waste Industries said it would be $48.60 per ton, plus
$9.76 per ton, to operate convenience sites, and Waste Management said they would continue
current contract terms the County has with Republic, which is $43 per ton, plus other costs, and
the County would continue operating the convenience sites until a new landfill is open.
Mr. Massie stated that there are some good economic development benefits to this project.
Waste Management, in their proposal, stated they will hire around 16 employees to operate the
landfill. If they added a collection service within the County, that could be 25-30 additional jobs
and additional taxable property. If a trucking hub came to Randolph County, it would bring a
possible 42 additional jobs and investment in taxable property.
Waste Management included summary data from an economic impact study completed by
East Carolina University, as follows:
Annual economic impact:
Direct -
$4,446,530
Indirect —
$1,445,352
Induced-
$2,338,972
Total -
$8,230,854
He stated that Waste Management, in their interview, talked a lot about compressed natural
gas (CNG), which burns cleaner than diesel fuel and is more economical than diesel fuel. Waste
Management has a goal of fueling 80% of new collection vehicles with CNG. If there is enough
demand, they could make development of a CNG fueling station feasible for their fleets, trucking
company vehicles, County -owned vehicles, and other fleets. The methane gas could be converted
over to CNG if the County chose to do that.
Mr. Massie said the Landfill Review Committee felt that the selection of Waste Management
as the landfill operating partner to manage the regional landfill was in the best interest of the
County and recommends they be awarded the 30 -year contract.
Commissioner Frye commented that although he had previously voted against the proposed
landfill, the Board had voted to construct the landfill and there are obvious economic benefits to
the County. He said the Commissioners have established a process to set the rules with a
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kw franchise agreement that give the County the control of what it will look like and how it will be
operated. He said he feels the Landfill Review Committee has done a good job in the process.
Commissioner Haywood said he still does not support the proposed landfill, adding that UNC
and NCSU have done recent studies on the health related effects of solid waste disposal.
On motion of Kemp, seconded by Lanier, the Board voted 4-1, with Haywood opposing, to
select Waste Management, Inc., based on their proposal dated November 12, 2013, as Randolph
County's operating partner for the permitting, operation and construction of a regional
municipal solid waste landfill in Randolph County.
Note: Following his motion, Commissioner Kemp offered the following point of clarification:
This action, if approved, would authorize the development of an operating contract between the
County and Waste Management, and when that is completed, this Board will hold a public
hearing, and then will consider the issuance of a franchise to the company, which will probably
take place sometime next spring.
Board of Commissioners Planninu Retreat
On motion of Haywood, seconded by Lanier, the Board voted unanimously to set 12 noon
February 26, 2014 for a Board of Commissioners Planning Retreat.
Reuional Update
46W Commissioner Frye said that there would be a ribbon cutting at the new Piedmont Triad
Regional Council Office on December 18.
Closed Session
At 8:19 p.m., on motion of Frye, seconded by Kemp, 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)].
Reuular Meetinu Resumed
At 8:47 p.m., the Board returned to regular session.
Adiournment
At 8:48 p.m., there being no further business, the meeting adjourned.
J. Harold Holmes, Chairman
Phil Kemp
Stan Haywood
Darrell L. Frye
Arnold Lanier
Amanda Varner, Deputy Clerk to the Board
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723
46W *Attachment*
Randolph County
Electronic Records and Imaging Policy
Adopted December 2, 2013 by the
Randolph County Board of Commissioners
Effective Date: January 1, 2014
724
Subject: Electronic records and
document imaging
Effective date: January 1, 2014
Policy Number:
Modified date:
Type of Government Office: County (X ) Municipal () State Agency () `Other ( )
For Other, enter name of "parent" agency
unless unassigned:
County/Municipality/Agency: Randolph County
Name of Office: Information Technology
Office Address: 725 McDowell Rd
Phone: 336-318-6314 Fax:
Email: mtrowland@co.randolph.nc.us
*Includes assigned and unassigned offices (authorities, boards, bureaus, commissions, councils,
private/public hybrid entities, etc.)
9
725
Table of Contents
1. Purpose................................................................................................................726
2. Responsible Parties..............................................................................................726
3. Availability of System and Records for Outside Inspection...................................727
4. Maintenance of Trustworthy Electronic Records ..................................................728
5.
Components of Information Technology System ..................................................730
6.
Documentation of Information Technology System ..............................................730
7.
Digital Imaging Program Documentation and Procedures....................................731
8.
Request for Disposal of Original Records Duplicated by Electronic Means ..........
733
9.
Other Electronic Records Management Practices ................................................735
10.
Compliance and Electronic Records Self -Warranty ..............................................736
726
1. Purpose
The records covered by this policy are in the custody of Randolph County and are
maintained for the benefit of county use in delivering services and in documenting
county operations. This electronic records policy reflects guidelines set in the North
Carolina Department of Cultural Resources publication, North Carolina Guidelines for
Managing Public Records Produced by Information Technology Systems. Complying
with this policy will increase the reliability and accuracy of records stored in information
technology systems, and will ensure that they remain accessible over time. Exhibiting
compliance with this policy will enhance records' admissibility and acceptance by the
judicial system as being trustworthy.
All public records as defined by North Carolina G.S. § 132-1 are covered by this policy.
This includes permanent and non -permanent records, and confidential and
nonconfidential records. These classifications may warrant different treatments when
processing the records. This policy serves as basic documentation of the procedures
followed by the department in imaging, indexing, auditing, backing up, and purging
electronic records in accordance with the disposition schedule, and in handling the
original paper record, if applicable.
This policy also serves to protect those records digitized by the county's document
imaging system, which reduces required storage space for original documents as the
county transitions to a "paperless" digital system, and provides instant and simultaneous
access to documents as needed.
The form provided in Section 8 of this document, Request for Disposal of Original
Records Duplicated by Electronic Means, is completed and submitted to the
Department of Cultural Resources whenever the county wishes to dispose of a new
series of paper records that have been digitized.
This policy will supersede any electronic records system policy previously adopted. This
policy will be reevaluated at a minimum of every five years, or upon the implementation
of a new information technology system, and will be updated as required. A copy of this
policy will remain on file at the Department of Cultural Resources.
2. Responsible Parties
• Department Head
• IT Department
• Records Creators
Department Head
Responsibilities include:
1. Determining access rights to the system
2. Approving system as configured by IT
727
3. Performing quality assurance checks by sampling the department's imaged
records before the original documents are destroyed
IT Department
Responsibilities include:
1. Installing and maintaining equipment and software
2. Configuring the system according to department needs, including creating and
testing applications and indexes
3. Controlling access rights to the system
4. Maintaining documentation of system hardware and software
5. Establishing audit trails that document actions taken on records stored by the
information technology system
6. Providing backups for system records, and recovering deleted imaged records
when necessary
7. Completing disaster recovery backup at least once every year
8. Establishing and providing document imaging training on equipment and
software, documenting such training, and providing remedial training as needed.
9. Creating and updating detailed procedural manuals describing the imaging
process and equipment
Records Creators
Responsibilities include:
1. Attending and signing off on training conducted by IT staff or by the Department
of Cultural Resources
2. Creating passwords for computers that meet the Randolph County Technology
Appropriate Use policy
3. Creating and managing electronic records in their purview in accordance with
these policies and other guidance issued by the Department of Cultural
Resources, and complying with all IT security policies
4. Reviewing the system records annually and purging records in accordance with
the retention schedule
5. Carrying out day-to-day processes associated with the county's imaging
program, including:
• Designating records to be entered into the imaging system
• Noting confidential information or otherwise protected records and fields
• Removing transient records
• Completing indexing guide form for each record being scanned
• Reviewing images and indexing for quality assurance
• Naming and storing the scanned images in designated folders
• Once approved, destroying or otherwise disposing of original records in
accordance with guidance issued by the Department of Cultural
Resources.
3. Availability of System and Records for Outside Inspection
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The county recognizes that the judicial system may request pretrial discovery of the
information technology system used to produce records and related materials. County
personnel will honor requests for outside inspection of the system and testing of data by
opposing parties, the court, and government representatives. Records must be
available for inspection and audit by a government representative for the full period
required by law and approved records retention schedules, regardless of the life
expectancy of the media on which the records are stored. Records must continue to
exist when litigation, government investigation, or audit is pending, imminent, or if a
court order may prohibit specified records from being destroyed or otherwise rendered
unavailable.
In order to lay a proper foundation for the purposes of admitting the county's electronic
records into evidence, the county will be able to provide up-to-date, detailed
documentation that describes the procedural controls employed in producing records;
procedures for input control including tests used to assure accuracy and reliability; and
evidence of the records' chain of custody. In addition to this policy, such documentation
includes:
• Procedural manuals
• System documentation
• Training documentation
• Audit documentation
• Audit trails
The county will also honor inspection and copy requests pursuant to N.C. G.S. § 132.
The county should produce the records in the order they were created and used in the
course of business, and in the format in which they were created, unless otherwise
specified by the requesting party. However, the county should produce the records in
any format it is capable of producing if asked by the requesting party. If it is necessary
to separate confidential from non -confidential information in order to permit the
inspection or copying of the public records, the county will bear the cost of such
separation.
4. Maintenance of Trustworthy Electronic Records
• Produced by Methods that Ensure Accuracy
• Maintained in a Secure Environment
• Associated and Linked with Appropriate Metadata
• Stored on Media that are Regularly Assessed and Refreshed
Produced by Methods that Ensure Accuracy
All platforms used by the county to create and manage electronic records, including
email clients, social media platforms, and cloud computing platforms conform with all
Department of Cultural Resources' policies and all applicable security policies.
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File formats used by the county are adopted as standard by the state, and are well -
supported, are backwards compatible, and have robust metadata support.
Maintained in a Secure Environment
Security to the system and to the records it holds is maintained in the following ways:
• Access rights are managed by the IT department, and are determined by a
supervising authority to prevent unauthorized viewing of documents.
• The information technology system allows data creators to organize and
name file systems to reflect confidentiality of documents stored therein.
• Confidential information is stored in folders secured with restricted access.
• Physical access to storage systems and data centers is restricted.
• Duplicate copies of digital media and system backup copies are stored in
offsite facilities in order to be retrieved after a natural or human -made
disaster.
• Confidential material is redacted using the Laserfiche redaction tool before it
is shared or otherwise made available.
• All system password and operating procedure manuals are kept in secure off-
site storage.
Associated and Linked with Appropriate Metadata
Metadata is maintained alongside the record. At a minimum, metadata retained includes
file creator, date created, title (stored as the file name), and when appropriate, cell
formulae and email header information. Employees are not instructed to create
metadata other than metadata that is essential for a file's current use and/or retention.
Stored on Media that is Regularly Assessed and Refreshed
Data is converted to new usable file types as old ones become obsolete or otherwise
deteriorate. The following steps are taken to ensure the continued accessibility of
records kept in electronic formats:
• Data is audited and assessed yearly
• Media is refreshed every three to five years.
• Records are periodically converted to new file types, particularly when a
new information technology system requires that they be brought forward in
order to properly render the file
• Metadata is maintained during migration
• Data is stored on a Storage Area Network using a redundant disk storage
array. Data integrity is ensured through the use disk -level error checking on
the storage array.
• Storage media is maintained in a manner and in an environment that
promotes bit -level preservation. Humidity does not exceed 50% and should
not fall below 30%. Room temperature is set between 65° F to 75° F. The
county adheres to the media manufacturer's recommendations for specific
environmental conditions in which the media should be stored.
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5. Components of Information Technology System
• Training Programs
• Audit Trails
• Audits
Training Programs
The IT department will conduct training for system use and electronic records
management, using material published by the Department of Cultural Resources when
appropriate. All employees will be made aware of system procedures and policies,
trained on them, and confirm by initialization or signature acknowledging that they are
aware of the policies and have received training on them. When appropriate, employees
will also attend trainings offered by the Department of Cultural Resources on the
maintenance of electronic records. Documentation will be maintained for the distribution
of written procedures, attendance of individuals at training sessions and refresher
training programs and other relevant information.
Audit Trails
A log of activities on the system is maintained, which show who accessed the system,
how and by whom records were created and modified, and whether standard
procedures were followed.
Audits
Audits are designed to evaluate the process or system's accuracy, timeliness, adequacy
of procedures, training provided, and the existence of audit trails. Internal audits are
conducted regularly by county IT staff.
6. Documentation of Information Technology System
• Content of System Documentation
• Retention of System Documentation
Content of System Documentation
The county maintains system documentation that describes system procedures and
actual practices, as well as system software and hardware, and the system environment
in terms of the organizational structure, functions and responsibilities, and system
processes. It explains how the system operates from a functional user and data
processing point of view. Documentation is reviewed and updated yearly or upon
implementation of a new information technology system by IT staff. Such documentation
maintained by the county includes:
• Procedural manuals
• System documentation
• Security backup and disaster recovery procedures as a part of the Continuity
of Operations Plan
• System -level agreements for contracted information technology services
Retention of System Documentation
One set of all system documentation will be maintained during the period for which the
records produced by the process or system could likely be subject to court review, and
until all data created by every system instance has been destroyed or transferred to
new operating environment. All such documentation is listed in the county records
retention schedule.
7. Digital Imaging Program Documentation and Procedures
• System and Procedural Documentation
• Training
• Indexing and Metadata
• Auditing and Audit Trails
• Retention of Original and Duplicate Records
System and Procedural Documentation
The IT department is responsible for preparing and updating detailed procedures that
describe the process followed to create and recreate electronic records. This
documentation will include a description of the system hardware and software. A current
procedural manual will be maintained to assure the most current steps are followed and
to assure reliable system documentation will be available for judicial or similar
proceedings.
Each workstation designated as a scanning station will have, at a minimum, the
following hardware and software:
• Document/image scanner authorized by IT
• Driver software for scanner
• Laserfiche scanning software
• Instructions manual describing in detail the steps required to get from the
beginning to the end of the process. Scanning software will be preconfigured by
IT with the following defaults. Documents will be scanned at a minimum
resolution of 200 dpi and stored in a TIF file format. The document imaging
software will rename the scanned document and file it according to department
requirements. Imaging staff performing the scanning will complete any required
document indexing.
Training
Only designated staff that have been formally trained by IT staff and signed off on
training documentation on the use of the imaging software and equipment will be
allowed to enter records into the content management system. Covered records will be
scanned and filed as part of an ongoing regularly conducted activity. Components of the
training will include basic techniques for image capture, indexing, quality control,
security configuration, auditing, use of equipment, and general system maintenance.
Rights to image and index records will not be assigned until the user has been trained.
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If a user improperly indexes or scans a document, an auditor will address this
occurrence with the operator and remedial training will be performed as necessary.
Indexing and Metadata
All imaged records must be indexed in order to facilitate efficient retrieval, ease of use,
and up-to-date information about the images stored in the system. This index should
capture the content, structure, and context of the imaged records, and will be developed
by IT staff prior to the implementation of any imaging system. It should also be indexed
according to guidelines set by the Department of Cultural Resources (see Section 9 of
this policy, Other Electronic Records Management Practices, for more information on
database indexing).
Auditing and Audit Trails
The imaging staff will conduct a quality control audit following the imaging of a record to
ensure that the following features of the imaged record are legible:
• Individual letters, numbers, and symbols
• Combinations of letters, numbers, and symbols forming words or sentences
• Graphics such as signatures, logos, and pictures
• Other features of records such as color, shape, texture, etc., that relate to the
content of the information
Managerial staff for the various county departments will also periodically audit imaged
records for accuracy, readability, and reproduction capabilities. A written audit report will
be prepared indicating the sampling of records produced and what remedial procedures
were followed if the expected level of accuracy was not achieved.
Audit trails built into the imaging system will automatically document who creates,
duplicates, modifies, or otherwise prepares records, and what procedures were taken.
Audit trails include the success or failure, date, time, and user of the following events:
• Add/Edit electronic document
• Assign index template
• Copy document
• Copy pages
• Create document/folder
• Delete entry
• Delete pages
• Delete volume
• Edit image
• Email document
• Export document
• Index creation/deletion/modification
• Insert page
• Log in/out
• Move document
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• Move pages
• Print document
Retention of Original and Duplicate Records
To obtain permission to destroy original records following imaging, the county will
complete Section 8 of this document, Request for Disposal of Original Records
Duplicated by Electronic Means. For each new records series to be scanned, the
Department of Cultural Resources must approve the destruction of the original records.
Permanent records may be imaged for ease of access, but the original documents may
not be destroyed unless an analog copy exists prior to the records' destruction.
Destruction of original records is allowed only after quality assurance has been
conducted on the imaged records, necessary corrections have been made, auditing
procedures have been conducted, and the destruction is approved. Prior to destruction
of the original record, managerial staff will audit a sample of those records to verify the
accurate reproduction of those records.
Digital images of scanned records are maintained for the specified retention periods
according to the records retention and disposition schedule. The retention period is
considered to have begun when the original document was created, not when the
electronic reproduction was created.
Electronic and digital images of scanned records in a document management system
will be considered the "official" county record. Any hard copy generated from the imaged
records will be considered the county's duplicate "working" record.
A copy of the purchase order and a detailed service -level agreement with the scanning
vendor is maintained for any outsourced scanning. See Section 9 of this policy, Other
Electronic Records Management Practices, for more information on contracting out
electronic records management services.
8. Request for Disposal of Original Records Duplicated by Electronic Means
This form is used to request approval from the Department of Cultural Resources to
dispose of non -permanent paper records which have been scanned, entered into
databases, or otherwise duplicated through digital imaging or other conversion to a
digital environment. This form does not apply to records which have been microfilmed or
photocopied, or to records with a permanent retention.
' _[', 'l: 1 _:HIVE --'S GONTERNNIENT RECORDS
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Reauest for Disposal of Orininal Records Duplicated by Electronic Means
lfy ou have quedbris, aa8 (91`9) 807-7350 and aA br the Re=ds ManagementAnalyst assigned to yofr agency.
This form is used to request approval from dre DepaMlent of C1ihlral Resources to dispose of r1or1 *iinnaent paper
records which have been scarred, entered into databases, orolherhise duplicated thrnlgh digial imaging cr other
conversion to a digiW en*ommenl This form does nol applyto records which hare been microfilmad or phobeoped, or
to records with a permanentietenion.
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of Records As lisledd in records
(e.g. I file cabnet' retention schedule
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Phone (area code): Entail:
CountyJMun icipality: Office:
Mailing address:
Record Series Tree Description of Inclusive
A group of records as fisted in Records Dates
records reterdiDn schedde Specific records as (1087-1684;
referred to in-0fl'lce 20f1 resent)
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9. Other Electronic Records Management Practices
• System Planning
• Electronic Records Management
• Database Indexing
• Security and Disaster Backup and Restoration
• Contracting
System Planning
Each county department is responsible for determining the best storage method for it's records.
Departments that plan to scan and store records in the document imaging system should first submit to IT
a document imaging plan that consists of the types of records being stored, retention schedule and record
volume. The requesting department is responsible for any additional storage resources needed.
Electronic Records Management
System documentation, system access records, digitization and scanning records, metadata, and
information maintained by that system is listed in an approved records retention and disposition schedule
prior to their destruction or other disposition.
Records produced by the county are retained for the period of time required by local records retention
schedules regardless of format. Any permanent records maintained in electronic form also exist as a
paper or microfilm preservation duplicate copy in compliance with the Department of Cultural Resources'
Human -Readable Preservation Duplicates policy.
Database Indexing
G.S. §132-6.1 requires that databases be indexed with the Department of Cultural Resources. Indexes
contain the following data fields:
• Description of the format or record layout
• Frequency with which the database is updated
• List of any data fields to which public access is restricted
• Description of each form in which the database can be copied or reproduced using the
county's computer facilities
• Schedule of fees for the production of copies in each available form
Security and Disaster Backup and Restoration
The county has a disaster recovery plan for its electronic data in place, which includes contact information
for data recovery vendors and information about back-ups of all data. Security back-ups to protect against
data loss are generated for all but the most transitory of files. Routine back-ups are conducted daily, and
are stored in secure off-site storage located at the 911 data center per the Randolph County Data Backup
policy.
Security backups of all imaged documents will be generated daily and maintained off-site. A backup copy
of the scanned data and index database is created on a nightly basis for the purpose of document
recovery.
Contracting
The terms of the service level agreement with any third -party scanning vendor will include the following
details:
• How the vendor provides security, confidentiality, storage, and back-ups for electronic
records.
736
• The equipment, including hardware and software, used by the vendor
• The storage environment, including any geographically disparate storage locations
• How the vendor complies with records retention requirements, including what the contractor
is able to reproduce should legal proceedings or public records requests be issued
• How the vendor avoids spoliation of evidence once e -discovery has commenced
• How electronic records are to be recovered from the vendor in the event that the system is no
longer supported
10. Compliance and Electronic Records Self -Warranty
The completion of this form by all signing employees signals that all employees of the unit/section/division
will adhere to the rules set forth in this policy. Furthermore, this section is to be used as a self-evaluation
tool to ensure that electronic records produced by state, county, municipal agencies, and other
subdivisions of government are created, reproduced, and otherwise managed in accordance with
guidelines for electronic public records published by the North Carolina Department of Cultural
Resources. The self -warranting of records in itself does not authorize the destruction of records, originals
or copies, nor does it change current records retention and disposition scheduling procedures.
The government agency producing electronic records and/or reproductions is responsible for ensuring the
records' authenticity and accuracy. The Department of Cultural Resources is not responsible for certifying
the authenticity or accuracy of any records, whether originals or reproductions, produced by the
originating agency.
Records Custodian
The records custodian is the person responsible for creating records or managing the staff who creates
records. The records custodian certifies that:
The records created or duplicated by electronic means in this office are prepared in accordance with these
guidelines as indicated by the following statements:
• Quality - Records are legible, accurate, and complete.
• The records are produced or reproduced as part of a regularly conducted activity.
• The records conform to DCR guidance regarding file formats, file naming, and if applicable
digital preservation guidance produced by DCR.
• Detailed, documented procedures are in place and followed when the records are created, copied,
modified, or duplicated.
• The person(s) who creates, copies, modifies, or duplicates the records receives formal training on
detailed system procedures prior to records preparation.
• Details of the training received are adequately documented through written policies and
procedures.
• Training records are signed by employee after receiving training.
The county will comply with the best practices and standards established by the Department of Cultural
Resources as published on its website.
The county will submit to the Department of Cultural Resources Section 8 of this policy, Request for
Disposal of Original Records Duplicated by Electronic Means, to seek approval for the destruction of
original records that have been converted from paper to electronic record.
Approved by:
Title:
Signature:
Date:
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IT Professional or other Project Supervisor
The IT Professional is the person responsible for providing technical support to the records custodians
and who may be involved in infrastructure and system maintenance. In the absence of an IT department,
the supervisor of the records custodian should verify the following items. The IT Professional certifies that:
Audit trails document the identity of the individual(s) who creates, duplicates, modifies, or otherwise
prepares the records, what actions are taken by the individual during the course of the process, when these
actions are taken, and what the results of these actions are.
Audits:
• are performed periodically to confirm that the process or system produces accurate results.
• confirm that procedures actually followed are in accordance with procedure stated in the system's
documentation.
• are performed routinely on documents to ensure no information has been lost.
• are performed by an independent source (i.e., persons other than those who create the records or
persons without an interest in the content of the records. Acceptable source may include different
department or authorized auditing authority).
• are adequately documented.
The process or system hardware and software are adequately documented
Permanent records conform to all file format, file naming, and digital preservation guidance produced by
the Department of Cultural Resources.
Back up procedures are in place and comply with best practices, as established by the Department of
Cultural Resources.
Successful disaster recovery back up is completed at least once every two years.
Approved by: Date:
Title:
Signature:
FOR DEPARTMENT OF CULTURAL RESOURCES USE
Approved by: Date:
Title:
Signature: