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090517September 5, 2017 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 Allen, Frye, Haywood, Kidd and McDowell were present. Also present were County Manager Hal Johnson; Finance Officer Will Massie; County Attorney Ben Morgan; Amanda Varner, Clerk to the Board; and Dana Crisco, Deputy Clerk to the Board. Dr. Bob Shackleford, RCC President, gave the invocation and everyone recited the pledge of allegiance. Special Recognitions Chairman Allen recognized Centenarian Rilla Brown, who was present, with a certificate of recognition. She will turn 100 on September 19, 2017. Retirement Recognitions Janice Kearns retired August 21, 2017, with 24 years of service to the Randolph County Finance Department. Ms. Kearns was recognized by Finance Officer Will Massie, after which, Chairman Allen presented Ms. Kearns with an engraved clock on behalf of the Board. Public Comment Period Pursuant to N.C.G. S. § 153A-52.1, Chairman Allen opened the floor for public comment and closed it after hearing no comments. Consent Agenda On motion of Haywood, seconded by McDowell, the Board voted unanimously to approve the consent agenda, as follows: • approve minutes of 81712017 regular meeting, 81712017 closed session minutes I and II, 811412017 special joint meeting-Fibertex, and 811812017 special meeting -Opioid Forum • unseal closed session minutes of 316117III, 6151171, 8171201711 • reappoint Will Massie, Suzanne Dale, and Amanda Varner to Randolph County Public Facilities Corporation • appoint Reggie Williams to replace Jodi Allred on the Randolph County Juvenile Crime Prevention Council • appoint Toni Welch and Andrew Oliver to the Aging Services Planning Committee. (Toni fills an unexpired term of Joy Ratliff to represent DSS and Andrew fills the Volunteer Center appointment.) • approve Budget Amendment 99 for Public Health (Received $26.200), as follows: 2017-2018 Budget Ordinance General Fund—Budget Amendment #9 Revenues Increase Decrease Restricted Intergovernmental $25,800 Miscellaneous $ 400 Appropriations Increase Decrease Public Health $26,200 9/5/17 • approve Budget Amendment 910 for Public Health (Received $6,400 from Blue Cross Blue Shield Foundation for Dental). as follows: 2017-2018 Budget Ordinance General Fund—Budget Amendment #10 Revenues Increase Decrease Miscellaneous $6,400 Appropriations Increase Decrease Public Health $6,400 • approve Budget Amendment 911 for Local Emergency Planning Committee ($1, 000), as follows: 2017-2018 Budget Ordinance General Fund—Budget Amendment #11 Revenues Increase Decrease Restricted Intergovernmental $1,000 Appropriations Increase Decrease Emergency Services $1,000 Annual Update from Waste Management (WA Bob Peeler, Waste Management Governmental Relations, said it had been a pleasure getting to know the people of Randolph County. Also in attendance and available to answer questions if needed were Area Environmental Protection Manager Shawn Carroll and District Landfill Manager Mike McFeeley. He said whether one was for or against the landfill, it is now open and is Waste Management's responsibility to work in partnership with the County to make the Great Oak Landfill the best that it can be. He promised if any issues were identified, they would get corrected. Mr. Peeler reviewed the highlights of the previous year, as follows: • Landfill opened for business on January 9, 2017 (in middle of snowstorm). • Total tons of waste collected from January 9 through June 30, 2017 = 157,571.20 • Recycling - WM took over operation of County convenience sites on January 1, 2017. • Total tons of recycling collected from January 9 through June 30, 2017 = 1,027.32 (est.) • Site is fully permitted including North Carolina Department of Environmental Quality (NCDEQ) and other agencies. • Had six regulatory inspections. All were successful with exception of wind-blown litter cited by DWM in March 2017. Issues were immediately corrected and cleared by following inspection. • Fees and taxes paid through June 30, 2017: $6,824,654 paid to Randolph County $314,964 paid to NC (Solid Waste Tax) 9/5/17 • Community and Environmental Activities: A Community Advisory Committee was created that includes Waste Management employees, local leaders, businesses and citizens. They've had three meetings with most recent on August 29, 2017. • They are planning to provide support for upcoming Household Hazardous Waste (HHW) Day. • Wildlife Habitat Council (WHC) activities: They are planning an onsite butterfly garden and working on a landscaping plan with Cooperative Extension and other parties. • They have provided tours of Great Oak Landfill to schools and other organizations. Mr. Peeler stated they had more volume of waste at the old transfer station than expected in the beginning and are still working on adjustments. They have dedicated drivers going to the convenience sites each day and have increased the number of daily trucks to empty the containers. He believes there is confusion about what can go to the convenience site and that has caused some of the issues. They continue to work on educating citizens. Commissioner Haywood stated he voted against the landfill, but after meeting Mr. Peeler, he has been confident in telling citizens to "trust Bob" to get a problem taken care of He believes Mr. Peeler is committed to serving the public. Chairman Allen thanked Mr. Peeler for being attentive to the citizens and being a great community partner. Approval of Amendment to the Animal Control Ordinance Public Health Director Susan Hayes said that Randolph County Animal Control deals with the problem of animal overpopulation every day. Many dogs and cats end up at the animal shelter because of overpopulation and because owners did not have a plan for an unwanted litter. To address overpopulation Public Health recommended that dogs and cats be spayed or neutered before adoption from the animal shelter. If a pet is adopted before they are old enough to be fixed, the owner is given 30 days from the recommended age for the procedure to be completed. The Shelter will follow up. Revisions to the Animal Control Ordinance are required if the Board approves this recommendation. In order to clarify each area of focus, revisions were suggested to Section 3. ANIMAL CONTROL; A. Shelter Operation; 2. Adoption/Redemption/Release from Owner by renaming number two and separating it into three parts: (a) Redemption, (b) Surrender, and (c) Adoption, as follows: Section 3. ANIMAL CONTROL A. Shelter Operation 2. Redemption & Surrender by Owner/Adoption a. Redemption - The owner of an animal impounded under this ordinance may redeem the animal and regain possession within 72 hours after complying with all applicable provisions of this ordinance by paying applicable fees as determined by the fee 9/5/17 schedule set by the Board of County Commissioners. Unless proof of a current rabies vaccination can be furnished, an owner, who redeems an animal at the shelter, will be given a `proof of rabies vaccination notice" at the time of redemption. This notice will be stamped with a date stating the maximum time limit allowed to take the animal to the vet of such person's choice for rabies vaccination. The licensed vet will complete the notice by verifying that the vaccination was given. The veterinarian or the owner may return the form to the animal shelter. Payment for vaccination is the responsibility of the owner of the animal. b. Surrender - An owner may surrender an animal to the Animal Control Program of the Health Department by certifying, in writing, to the following: 1. That he/she is the legal owner of the animal, and 2. That he/she understands and agrees that the animal may be placed for adoption or humanely destroyed; and 3. That he/she will indemnify and hold the Health Department/Animal Control harmless from loss or damage, including attorneys' fees, by reason of the destruction or placement for adoption of said animal; and 4. That he/she transfers ownership of said animal to the County and releases any and all future claims with respect to said animal. An animal surrendered by its owner pursuant to this section may be immediately placed for adoption or humanely destroyed. c. Adoption 1. Any animal determined by Animal Shelter staff to be eligible for adoption may be adopted in accordance with the provisions of this section. 2. All dogs/cats adopted from the Animal Shelter must be spayed or neutered as provided herein. 3. Dogs and cats at the recommended age for spay/neuter will receive this procedure as appropriate at the Animal Shelter. The adopter shall pay the adoption fee for dogs/cats as appropriate. 4. Young dogs and cats (those younger than the age for which spay/neuter is recommended) may be adopted from the Animal Shelter pursuant to the terms of this paragraph. When the adopter takes a dog or cat too young for spay/neuter from the shelter, he/she shall agree to ensure the dog or cat receives spay or neuter at the appropriate age as recommended by the animal shelter or a veterinarian of their choice. Once the dog or cat has been spayed/neutered, the adopter must present proof from the veterinarian that the adopted animal has undergone the procedure within the designated timeframe. An adopter who fails to have an adopted animal spayed or neutered as provided in this section shall be charged with `Failure to Spay or Neuter an Adopted Animal" a Class 3 misdemeanor. 9/5/17 On motion of Frye, seconded by Haywood, the Board voted unanimously to approve the amendments to the Animal Control Ordinance, as presented. Economic Development—Approval of Expenditure of Public Funds for Industrial Site Preparation on Fibertex Site Randolph County Economic Development Corporation (EDC) Vice President Kevin Franklin stated that in late July, the EDC was informed of a preliminary finding suggesting that a previously unclassified stream, which would be impacted by site plans under consideration by Fibertex Personal Care, was located on the site in north Asheboro. A visit by the US Army Corps of Engineers (USACE) subsequently concurred with the initial finding and identified a low - quality intermittent stream. Fibertex Personal Care has committed to investing $114,125,000 and creating 145 new jobs in Asheboro, but this investment will not be possible without the successful delineation, permitting, and mitigation of the stream on the site currently owned by Cetwick Real Holdings, LLC. The EDC has engaged the services of a qualified engineering firm to complete the wetland/stream delineation and preparation of permit applications. However, an impact mitigation fee must also be paid prior to the validation of permits issued by the USACE and NCDEQ. The estimated fee for stream mitigation is not anticipated to exceed $300,000, an estimate which is based on feedback from the USACE, the length of the stream (not more than 900 linear feet), and a mitigation fee schedule published on the NCDEQ website. Mr. Franklin said the EDC requests that the County consider entering into a three -party agreement with the City of Asheboro and the current property owner to pay for the mitigation fees. They recommended that consideration be contingent upon equal participation by each party, with each committing up to $100,000 for the project. He said the property owner has consented to participate according to these recommended terms and that the City of Asheboro has scheduled a public hearing for September 14th to consider this project. Commissioner Frye stated the findings were not that big, but big enough that it could have been a "deal breaker" in Fibertex purchasing the property for their US operations. Mr. Franklin agreed and stated they were fortunate the USACE was able to come out quickly to investigate the findings. At 6:35 p.m., the Board adjourned to a duly advertised public hearing to receive public comment on the County's consideration to appropriate and expend County funds for industrial site preparation. No one spoke. On motion of McDowell, seconded by Kidd, the Board voted unanimously to adopt the resolution for funding of stream mitigation on the industrial property that is planned to be used for Fibertex and approve associated Budget Amendment 912, as follows: RESOL UTION A UTHORIZING THE COUNTY OF RANDOLPH TO ENTER INTO A SITE DEVELOPMENT COST-SHARING AGREEMENT 9/5/17 WHEREAS, Section 158-7.1(b)(7) of the North Carolina General Statutes authorizes a county to engage in site preparation for industrial properties or facilities whether the industrial property is publicly or privately owned; and WHEREAS, a parcel of property, currently owned by Cetwick Real Estate Holdings LLC and related entities (hereinafter "Cetwick'), approximately 25 acres in size and more specifically identified by parcel identification number 7753684191 (hereinafter the "Property') has been identified as desirable for industrial development; and WHEREAS, in order for industrial development to occur on said Property, wetland delineation and wetland/stream permitting, inclusive of the payment of mitigation fees, if any, must first occur; and WHEREAS, the Randolph County Economic Development Corporation (hereinafter the "EDC') has engaged the services of a professional engineering firm to provide wetland/stream delineation services, to verify jurisdictional waters/wetland boundaries and to classify streams on the Property, and to assist with wetland/stream permitting; and WHEREAS, the County intends to enter into a three party agreement with the City of Asheboro and Cetwick to pay for mitigation fees, if any, which are not estimated to exceed Three Hundred Thousand Dollars ($300, 000.00); and WHEREAS, pursuant to this three party agreement, the County shall not spend more than One Hundred Thousand Dollars ($100, 000.00); and WHEREAS, Fibertex Personal Care Corporation has committed to investing One Hundred Fourteen Million One Hundred Twenty -Five Thousand Dollars ($114,125, 000.00) in real and personal property on the Property and creating One Hundred Forty -Five (145) new jobs, and this investment will not be possible without the successful completion of the stream mitigation project described herein. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Randolph County, this 5th day of September, 2017, as follows: Section 1. The County is authorized to expend up to One Hundred Thousand Dollars ($100, 000.00) of County funds for stream mitigation on the Property. Section 2. The Chairman of the Randolph County Board of Commissioners is hereby authorized to execute on behalf of the County of Randolph a three party agreement drafted in accordance with the provisions of this resolution and any other documents necessary for the implementation of this stream mitigation project. Section 3. Participation by the County in this stream mitigation project is expressly contingent upon equal participation by the City of Asheboro and Cetwick. 2017-2018 Budget Ordinance General Fund -Budget Amendment #12 Revenues Increase Decrease Transfer from Economic Development Reserve $100,000 Appropriations Increase Decrease Other Economic and Physical Development Appropriations $100,000 Approval of West Randleman Business Park Loan Payoff 9/5/17 EDC Vice President Kevin Franklin said that in 2000, the Randolph County EDC purchased a tract of land in Randleman for development as an industrial park. The purchase was financed by a group of local banks at attractive terms and structured as a line of credit with interest paid annually. The Randolph County Board of Commissioners voted in February 2000 to support this project by assisting the EDC with the annual interest payments. Since that time, the EDC has purchased additional tracts and made various improvements to the site. A portion of the site was sold in 2004 for Rheem's new distribution center and a one - acre tract was deeded to Randolph County for a new ambulance base. The total remaining acreage is 35.68 acres. The property is marketed for sale and presents various options for additional development. Twenty plus acres have been graded to provide a shovel ready site. Site layouts show development options for multiple facilities ranging in size from 40,000 to 300,000 square feet. Asking price for the property is $20,000 per acre for the graded portion of the site (based on a 2016 land appraisal) and $678,000 for the entire site. The site is broker listed and listed on Access NC, the State's web based marketing portal. He said the EDC has submitted the site for all qualified projects including six projects in the last 12 months and three in recent weeks. The EDC Board is pursuing NC Site Certification as a further marketing strategy. The loan was renewed in September 2013 for a five-year term at a fixed rate of 4.85%, with annual principal and interest payments. The loan is administered by Capital Bank on behalf of four partner banks. In 2016, the EDC used fund balance to pay the debt service of $92,645.54. The EDC has made this year's payment of $88,978.80 which consisted of the principal payment of $74,364.00 and the interest estimated at $14,614.80. This depleted their fund balance sufficiently. The EDC requested the Board consider support of this project through reimbursement to the EDC of the 2017 principal amount of $74,364, or the principal and interest amount of $88,978.80, or to even consider some other amount up to the outstanding balance of the loan. The balance of the note before their payment was $297,208.21. Commissioner Haywood stated that he felt the County should pay off the debt to eliminate the continued interest charges. Commissioner Frye asked Finance Officer Will Massie if paying off the debt was an affordable option. Mr. Massie stated if the Board decides to pay off the entire balance, the 2016- 17 Post (MOM Brands) incentive of $197,200 that was forfeited could be used to pay toward the debt. At 6:42 p.m., the Board adjourned to a duly advertised public hearing to receive public comment on the County's consideration to appropriate and expend County funds for the West Randleman Business Park loan. No one spoke. Chairman Allen stated that the Board of Commissioners now has a seat on the EDC Board for some oversight since the County funds approximately 70% of the EDC budget. Any sale of this property could be used as incentive and the County would be involved in the proceeds. 9/5/17 Commissioner Frye said the site has been shown many times over the years. Mr. Franklin said there is one company looking at the site now. Commissioner Kidd said he has seen past Boards struggle with this request and he also hates to have to keep dealing with the expense each year. On motion of Haywood, seconded by Frye, the Board voted unanimously to approve the debt service payment of $297,208 on the EDC's West Randleman Business Park loan and approved Budget Amendment # 13, as follows: 2017-2018 Budget Ordinance General Fund -Budget Amendment #13 Revenues Increase Decrease Appropriated Fund Balance $99,708 Appropriations Increase Decrease Other Economic and Physical Development Appropriations $297,208 Transfer to Economic Development Reserve $197,500 NCGS Required Amendments to the Unified Development Ordinance Planning Director Jay Dale said that on July 12, 2017, Governor Roy Cooper signed S. 615 into law amending G.S. 153A -340(b). This amendment removed the verbiage that previously allowed counties to apply zoning to swine farms that had waste systems with a design capacity to accommodate 600,000 pounds of swine. These large hog operations will now be exempt from county zoning. In order to bring the Randolph County Unified Development Ordinance into compliance with the North Carolina General Statute the section that regulates hog farms will be removed from the Randolph County Unified Development Ordinance. No public hearing was required since the changes were mandated by the General Assembly. The Unified Development Ordinance Revisions are as follows: Chapter 1. Definitions Remove the following definition: Swine Farm: Any tract or contiguous tract of land in Randolph County devoted to raising animals of the porcine species served by animal waste management systems having a design capacity of 600, 000 Steady State Weight (SSL W) or greater regardless of the actual numbers of swine on the farm. For purposes of this definition contiguous property includes property on opposite sides of the street right-of-way, utility right-of-way or in common ownership or management. Chapter 2. Zoning, Section VII District Regulations, Section 4. Table of Permitted Uses Remove the following Use: 9/5/17 Swine Farm Operation Section 5. Special Uses. 5.2 Procedures Remove the portion (stricken) from the following paragraph: 5.2 Procedures Special Use Permits shall be granted by the Randolph County Planning Board as permitted by GS153A-345 (and authorized by resolution of the Randolph County Board of Commissioners) for all the uses enumerated in the Regulations for Special Uses with exeeption of Swine Farms as defined by County Zoning enabling thority pmvided by 153�4 340 in whieh ease sueh Speeial U -se Permits shall be issued by the Boar4 of C-ounty C -o County Manager Hal Johnson explained further. Farms are exempt from any County zoning regulations. In the 1990s, the State gave authority to counties through zoning to regulate swine farms. Randolph was the first county in NC to adopt a special use permit zoning regulation to allow the Commissioners to look at the placement of these farms. This change in the NCGS removed that authority. Commissioner Frye was concerned about controlling farm waste around watersheds and the Randleman Lake, a drinking water source. Mr. Johnson said he has to assume the State has increased its regulations on these types of farms to make them more environmentally safe. County Attorney Ben Morgan stated that this process removes the local zoning process and places it in the State's permitting process. On motion of McDowell, seconded by Kidd, the Board voted unanimously to update the Unified Development Ordinance to comply with state law amending G.S. 153A -340(b), as presented. Appointments to the Opioid Collaborative Council Public Health Director Susan Hayes stated that the Commissioners established an Opioid Collaborative Council at the August 18, 2017, Opioid Leadership Forum. This Council will be charged with making recommendations to the County Commissioners by spring 2018 concerning action items to address the opioid crisis in Randolph County. She and the County Manager met to select individuals to serve on the Council. They requested the appointment of the following individuals to serve on the Opioid Collaborative Council: • Angie Orth Randolph Health • Sheriff Robert Graves Randolph County Sheriff's Office • Andy Gregson Randolph County District Attorney • Dr. Jason Stopyra Emergency Services Medical Director 9/5/17 • Donovan Davis Emergency Services Director • Dr. Charles Lee Chair of the Randolph County Board of Health • Ashley Duggins Pharmacist/Owner of Prevo Drugs • Dr. Terry Worrell Asheboro City Schools Superintendent • Dr. Stephen Gainey Randolph County Schools • Tyler Keziah Director of Daymark Recovery Services in Asheboro • Ann Shaw Community Member/NAMI Ms. Hayes said other individuals could be added as needed. County Manager Hal Johnson commented that the Forum that was held was the largest one held in NC to date. He said the Opioid Collaborative Council can address many issues, including the jail overcrowding. The plan is to combine the "Stepping Up" program and the opioid initiatives to come up with some type of interdiction program that the County doesn't currently have in order to help with the overpopulation at the jail. Commissioner Haywood stated that the NC Board of Pharmacy and the NC Association of Pharmacists are putting together a statewide educational component. The first part will kick off in November and will directly support what is going on in Randolph County. It will be aimed directly at pharmacists and how they can get involved in supporting efforts like what Randolph County is working on. The second piece will kick off the first of 2018 and involves radio, TV, and social media targeting areas that seem to be the worst. They plan to measure these efforts and see if it is having any impact with the public. They will collect the information and distribute it to counties to use in their efforts. Mr. Johnson said during the Forum, he was amazed to learn that Randolph County has twice as many overdose deaths as Mecklenburg County, a much higher populated county. Commissioner Frye said another statistic given during the Forum was that there were enough prescription opioids distributed in this county in one year to equal 87 pills per resident (estimated population of 144,000). Commissioner Haywood added that if those pills happened to be 10mg each, a person would be hooked in a month. Ms. Hayes said there is already some exciting progress. Total Access Providers are opening an office in the previous White Oak Family Physicians location and will be providing medication assisted therapy and other programs which "are greatly needed." She said law enforcement agencies are beginning to carry Naloxone, as well. On motion of Haywood, seconded by McDowell, the Board voted unanimously to appoint members to the Opioid Collaborative Council, as presented. Chairman Allen thanked Ms. Hayes and Mr. Johnson for their hard work and appreciated what they did in hosting the Opioid Forum. Commissioner McDowell praised Mr. Johnson and Ms. Hayes saying the Forum was very well done and that he learned a lot. 9/5/17 Approval of Architect for the Agricultural Center County Manager Hal Johnson stated that N.C. General Statute 143-64.31 requires that a Qualification Based Selection process be used by local governments when selecting an architectural firm for design services. Firms are to be selected based on experience, competence, and qualifications. The County Purchasing Officer posted a Request for Qualifications allowing interested companies to submit qualifications to Randolph County for review by the County Facility Committee. He said five consulting firms submitted information pertaining to their experience and qualifications. (1: HH Architecture, Raleigh, NC; 2: Odell Architecture, Raleigh, NC; 3: Architect Kurmaskie Associates, Inc., Raleigh, NC; 4: Smith Sinnett Architecture, Raleigh, NC; 5: Hobbs Architecture, PA, Pittsboro, NC) On July 31, 2017, the County Manager's Facility Committee reviewed the qualifications of all firms and selected HH Architecture, Odell Architecture, and Architect Kurmaskie Associates (AKAI) as the top qualifiers for an interview process. On August 17, 2017, the Randolph County Facilities Advisory Committee (includes two commissioners) and the Randolph County Agricultural Center Planning Committee heard presentations from the three consulting firms pertaining to their unique experience and qualifications. As required, price or unit cost was not considered by the Committees' during the presentations. After all the interviews, a discussion was had about the three presenters. On August 21, 2017, the County Manager's Facility Committee met to review and discuss all comments from committee members. Randolph County Cooperative Extension Director Jonathan Black was also present. Based on that discussion, the recommendation to the Board of County Commissioners was that they approve HH Architecture, 520 S. Harrington Street, Raleigh, NC, as the firm to provide the preliminary and final design, bidding phase services, and construction administration services for the Agricultural Center. HH Architecture has provided facility planning for the Wayne County Maxwell Regional Agricultural & Convention Center, Orange County Environmental & Agricultural Center, Anson County Agri -Civic Center and has just completed the NCSU College of Veterinary Medicine Teaching Animal Unit Master Plan. Mr. Johnson said if approved, he would negotiate a fair and reasonable fee for the services to be provided by HH Architecture and if negotiations are not satisfactory to the County, negotiations could begin with the next firm which was Odell Architecture. Following the review of needs, conceptual design, and projected cost as determined by HH Architecture, the Board of County Commissioners will make a final decision on the Agricultural Center project. Chairman Allen said he sat in on those meetings and agreed that HH Architecture be recommended. On motion of McDowell, seconded by Frye, the Board voted unanimously to approve HH Architecture, 520 S. Harrington Street, Raleigh, NC, as the firm to provide the preliminary and 9/5/17 final design, bidding phase services, and construction administration services; to authorize the County Manager to negotiate a fair and reasonable fee for the services provided and if these negotiations are not satisfactory to the County, proceed to negotiations with Odell Architecture. Approval of Multi -Party Agreement for NCDOT Grant and Associated Budget Amendment County Manager Hal Johnson said one of the essential planning components of the megasite project is the development of a transportation network necessary for industrial interchange access to and from the site. The Greensboro -Randolph Megasite Foundation has executed a contract with a consulting firm and committed approximately $900,000 of its funds toward completion of the planning and environmental documentation specific to transportation improvements needed for the megasite. On July 11, 2016, the Board of County Commissioners, by resolution, requested Statewide Contingency Funds in the amount of $1,500,000 on behalf of the NCDOT for the purpose of completing the environmental documentation, preliminary designs, and project management needed for the megasite. With assistance of the General Assembly, a $500,000 grant is in the process of being provided to the County by NCDOT to assist in the planning and environmental documentation specific to transportation improvements needed for the Greensboro -Randolph Megasite. Mr. Johnson said he anticipates that the Board of Transportation will approve an additional $500,000 at its September meeting. The three -party agreement between the Greensboro -Randolph Megasite Foundation, Randolph County, and the NCDOT outlines the process to be used for expenditure of these funds. The agreement outlines that the NCDOT will participate in the costs up to a maximum amount of approved Contingency Funds. These funds can be used for the ongoing transportation study at the megasite and for the planning and environmental documentation specific to the study. As a "Locally Administered Project — State Contingency Agreement," the County would request payment from NCDOT for approved planning expenses from these state contingency funds. Mr. Johnson has established a special review process that will include Randolph County, NCDOT, and the Foundation. They will meet to review each request for payment to ensure that it meets all state requirements for payment. This three -party agreement recognizes that the project consists of the planning and design of the highway improvements for the megasite. The present plan of Randolph County and the Foundation is to pursue the planning for and design of the highway improvements to the extent as may be necessary so that permits and approvals necessary to construct such improvements may be obtained within a 12 to 18 month window. Mr. Johnson explained that further development efforts would then be on hold with respect to transportation improvements until an ultimate megasite user is recruited. State law requires that funds used for "Locally Administered Projects — State Contingency Agreement" be used for a specific project. In the unlikely event the megasite project was terminated, the agreement would require that NCDOT hold Randolph County liable for repayment of the State Contingency Funds. Mr. Johnson said in consideration of this state law, 9/5/17 the Greensboro -Randolph Megasite Foundation provided Randolph County a Letter of Indemnity holding harmless Randolph County for contingent liability in the unlikely event the megasite project is terminated. A copy was provided to be included as part of these minutes. (Attached) The agreement has been reviewed by legal staff of the County, State, and the Foundation. Mr. Johnson requested the Board consider approval of the agreement and the necessary budget amendment accepting the $500,000 NCDOT grant allocating it to the Site Development Capital Project. He said the County anticipates additional funding to be approved by the State later this week and suggested the motion authorize the County Manager to sign the three -party agreement and any amendments to it that may reflect additional State Contingency Fund allocations. Commissioner Frye commented that the emphasis behind this was to secure funding for potential interchange construction along US Hwy 421 into the megasite. These funds were intended to reimburse the contract expenses for planning of those interchanges. He thanked the county's local representatives and recognized them for playing a big part in securing these funds for Randolph County and helping move this project forward. Chairman Allen said his only concern with the project was that the County not be liable for any expenses if the project were to fall through. It was important that the County not be held liable by the Foundation. The County is only a conduit for the funds and the reason for the Letter of Indemnity. Commissioner Frye replied that the Foundation was very willing to submit the letter. On motion of Frye, seconded by Haywood, the Board voted unanimously to approve the three party agreement as presented, the associated Budget Amendment #6 accepting the $500, 000 NCDOT grant, and authorize the County Manager to sign this agreement and any amendment to the a-areement that may reflect additional State Contin-aencv Fund allocations. 2016-2017 Budget Ordinance Site Development Capital Project Ordinance Budget Amendment #6 Revenues Increase Decrease NCDOT Grant $500,000 Appropriations Increase Decrease Professional Services $500,000 Tax Department Outreach Program Tax Administrator Debra Hill introduced Personal Property Supervisor Melissa Austin who was also in attendance. Ms. Hill stated that the Tax Department wants to provide an outreach program for business owners and the agricultural community. The program will be designed and implemented to better communicate 1) the when, the why, and the what for their property tax listing and 2) the compliance program for business personal property and farm equipment. She said one of the first steps was to change the name from audit to compliance program. She said "audit" sometimes has a negative connotation. 9/5/17 The Tax Department wants to be proactive and better inform the citizens. Ms. Hill said that Web Grubb, Randolph County Community College Small Business Center Director, has graciously agreed to team up with the Tax Department on this project. A PowerPoint has been created for use in this program and will be part of seminars and an online blog called "Business Taxes in Randolph County." Six classes/meetings have been scheduled so far. Some will be held at RCC and others across the county in city halls (Liberty, Archdale and Randleman). Ms. Hill and Tax Department staff will be at the meetings to present the program and available to answer questions. Mr. Grubb was present and also spoke. He said he was excited that the Center was asked to be involved. The seminars will begin with the general principals of starting a business and carry through the tax process. He said if this is successful, he would like to include other functions of the County such as zoning and permitting. He also agrees the outreach program will be very beneficial to the business community in Randolph County. Mr. Grubb said they do plan to advertise using traditional media and social media. Mr. Grubb said RCC wants to see all County departments and other agencies within the county working together to serve the taxpayers. Commissioner McDowell said many citizens don't realize that there are general statutes that require the process of taxation. Mr. Johnson said the UNC School of Government put information about what Randolph County was doing in a recent blog post. They had said this was a new idea for them too. Commissioner Haywood said it is exciting for a sitting Commissioner to know their departments are out leading efforts, helping others, and keeping the County from lagging behind. County Manager's Update County Manager Hal Johnson reminded the Board that the Elected Officials Picnic, hosted by the City of Randleman, would be held September 29th and details would be sent out. The Emergency Services Headquarters open house and ribbon cutting has been set for September 15th at 10:00 am. Mr. Johnson said the Animal Shelter is almost complete and that they plan to set an open house for October and would let them know a date soon. Mr. Johnson showed a picture of the sign that will be placed on the property to mark the site of the future Agricultural Center. Regional Update Commissioner Frye announced that PART had tripled their Randolph County routes and were rerouting some exiting ones to better serve citizens. Adjournment 9/5/17 At 7:26 p.m., on motion of McDowell, seconded by Kidd, the Board voted unanimously to adjourn. David L. Allen, Chairman Darrell Frye Stan Haywood Maxton McDowell Kenny Kidd Amanda Varner, Clerk to the Board 9/5/17 Attachment Greensboro Randbo?h Megasite ,foundation, Inc. September 1, 2017 Mr. Hal Johnson County Manager Randolph County Randolph County Office Building 2"d Floor 725 McDowell Road Asheboro, NC 27205-7370 Re: Agreement among Randolph County, the North Carolina Department of Transportation and the Greensboro Randolph Megasite Foundation, Inc. Dated: September 5, 2017 — WBS Elements 47606 Dear Hal, Reference is made to that Agreement among Randolph County, the Greensboro Randolph Megasite Foundation, Inc. and the North Carolina Department of Transportation dated September 5, 2017 identified as WBS Elements: 47606 and pursuant to which the Department of Transportation has agreed to make certain funds available to reimburse Randolph County and the Greensboro Randolph Megasite Foundation for costs incurred in connection with the planning and environmental documentation specific to transportation improvements needed for the Greensboro Randolph Megasite in Randolph County (the "DOT Agreement"). Please accept this letter as confirmation to Randolph County that the Greensboro Randolph Megasite Foundation, Inc. has agreed and does hereby agree to indemnify, defend and hold Randolph County harmless from and against all claims and demands matte by the North Carolina Department of Transportation upon Randolph Count' pursuant to the DOT Agreement for the reimbursement to the Department of "Transportation of any funds advanced by the Department of Transportation under the Agreement. The Greensboro Randolph Megasite Foundation's indemnity obligation tinder this letter agreement shall include, without limitation, the obligation to reimburse the Department of Transportation for any amounts the Department of Transportation may require reimbursement pursuant to Sections 5, 6 and 13 of the DOT Agreement and the Greensboro Randolph Megasite Foundation, Inc. hereby agrees to indemnify, defend and hold Randolph County harmless from and against any demands made by the Department of Transportation pursuant to such Sections of the DOT Agreement. Sincerely yours, B. Melvin 324 'West Wendover Avenue, suite 2o7, Greensboro, NC 27408 (336) 691-9803