010719January 7, 2019
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 Darrell Frye, David Allen, Kenny Kidd, Maxton McDowell and Hope Haywood
were present. Also present were County Manager Hal Johnson, Finance Officer Will Massie,
County Attorney Ben Morgan, and Clerk to the Board Dana Crisco. Chaplain Brian Faircloth from
the Randolph County Sheriffs Office gave the invocation and everyone recited the Pledge of
Allegiance.
Retirement Recognitions
Diane Mitchem retired December 31st from the IT department with 34 years of service. Ms.
Mitchem was recognized by Michael Rowland, IT Director, after which, Chairman Frye presented
her with an engraved clock on behalf of the Board.
Beth Duncan retired on December 31st as the Social Services Director with 12 years of service
to Randolph County but with more than 30 years overall. Ms. Duncan was recognized by David
Jarrell, Chairman of the Social Services Board, after which, Chairman Frye presented Ms. Duncan
with a certificate of appreciation for her service on behalf of the Board.
Cheryl Lackey retired December 31st from the Social Services department with 23 years of
service. Ms. Lackey was recognized by Richard Park, Acting Social Services Director, after
which, Chairman Frye presented Ms. Lackey with a certificate but explained that an engraved
clock was ordered for her on behalf of the Board.
Bernadette Campbell retired December 31st from the Social Services department with 21 years
of service. Ms. Campbell was recognized by Richard Park, Acting Social Services Director, after
which, Chairman Frye presented Ms. Lackey with a certificate but explained that an engraved
clock was ordered for her on behalf of the Board.
Special Recognition
Jennifer and Mike Allred were recognized as National Adoption Excellence Award winners for
their years of fostering children. The Allred family earned national honors from the Administration
for Children and Families of the United States' Department of Health and Human Services in a
ceremony in our Nation's capital on November 13th. Chairman Frye presented the Allreds with a
certificate of appreciation for their service to children on behalf of the Board.
Approval of New Position in Sheriffs Office
Sheriff Seabolt requested the Board of Commissioners approve a position for a "Government
Relations and Public Affairs Director" be added to the Classification Plan at Grade 123, effective
December 31, 2018. He said this position will be responsible for press releases or queries from the
media, social media, special projects coordination, liaison to the community and other county
departments, etc., integrating these initiatives into a cohesive effort that conveys a consistent
message supporting the mission, strategic goals, and objectives of the Office of the Sheriff to
employees and the citizens.
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Sheriff Seabolt said that he intends to hire former Clerk to the Board and Executive Assistant
to the County Manager Amanda Varner to fill this much needed position in the Sheriff's Office.
Chairman Frye stated that Ms. Varner would bring unique background and knowledge of Randolph
County to this new position in the Sheriff's Office.
On motion of Haywood, seconded by McDowell, the Board voted unanimously to approve the
addition of the classification title of "Government Relations and Public Affairs Director " to Pay
Grade 123 on the County's Classification Plan effective December 31, 2018.
Public Comment Period
Pursuant to N.C.G.S. § 153A-52.1, Chairman Frye opened the floor for public comment and
County Attorney Ben Morgan read aloud the Public Comment Rules of Procedure.
Nancy Moss, 229 Albert Martin Road, Franklinville, spoke of the ongoing concerns about the
CGG Gun Range in her neighborhood. She expressed her frustration that the appeal filed by gun
range owners had still not been resolved by the Court.
Consent Agenda
On motion of Kidd, seconded by Allen, the Board voted unanimously to approve the consent
agenda, as follows:
• approve minutes of the December 3, 2018 regular meeting;
• approve Proclamation Recognizing the Service of Former Sheriff Robert Graves;
• reappoint Chris Collins to the Archdale Planning Board/Board ofAdjustment;
• reappoint Thomas Rush to the Asheboro Planning Board;
• replace Robert Graves with Sher f"Seabolt on the Opioid Collaborative Council;
• reappoint Randy Tedder to the Seagrove-Ulah Metropolitan Water Authority;
• reappoint Clifford Elliott and Leverette Strider to the Voluntary Agricultural District
Advisory Board;
• appoint Dave Craven to the Randolph County Board of Equalization and Review and
Randolph County Tax Commission;
• appoint Capt. Steven Nunn to fill the unexpired term of the Sheriff's Designee to the
Randolph County Juvenile Crime Prevention Council;
• appoint Courtney Alston Wilson to the Board of Health;
• set a special meeting for March 11, 2019, at 3:00-4:30 p.m. for the Cooperative
Extension Annual Update at the Cooperative Extension Office;
• a rove Budget Amendment #23 or Public Health ($44,682), as,follows:
2018-2019 Budget Ordinance
General Fund—Budget Amendment #23
Revenues
Increase Decrease
Restricted Intergovernmental
$44,682
Appropriations
Increase Decrease
Public Health
$44,682
• approve Budget Amendment #24 for FPE Building Reuse Grant ($63, 000), as follows:
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2018-2019 Budget Ordinance
General Fund—Budget Amendment #24
Revenues
Increase Decrease
Restricted Intergovernmental
$60,000
Transfer from ED Reserve
$3,000
Appropriations
Increase Decrease
Other Economic and Physical Development
$63,000
• approve Budget Amendment #25 for Liberty/Ferree Trailers Building Reuse Grant
($315,000), as follows:
2018-2019 Budget Ordinance
General Fund—Budget Amendment #25
Revenues
Increase Decrease
Restricted Intergovernmental
$300,000
Transfer from ED Reserve
$15,000
Appropriations
Increase Decrease
Other Economic and Physical Development
$315,000
• appoint Dana Crisco as Clerk to the Board;
• approve Budget Amendment #26, for Cigna Wellness Grant ($15, 000), as. follows:
2018-2019 Budget Ordinance
General Fund—Budget Amendment #26
Revenues Increase Decrease
Miscellaneous $15,000
Appropriations Increase Decrease
Administration $15,000
• a rove Budget Amendment #27 or Sheriffs Office Position ($41,547), as,follows:
2018-2019 Budget Ordinance
General Fund—Budget Amendment #27
Revenues Increase Decrease
Investment Earnings $41,547
Appropriations Increase Decrease
Sheriff $41,547
• approve Budget Amendment #28 for Public Health ($9, 000), asfollows:
2018-2019 Budget Ordinance
General Fund—Budget Amendment #28
Revenues Increase Decrease
Restricted Intergovernmental $9,000
Appropriations Increase Decrease
Public Health $9,000
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• appoint Misty Rodriguez and Jeannie Westbrook to the Randolph County Adult Care
Home Community Advisory Committee.
Administration of Oath of Office
Upon recommendation of the County Manager and approval of the Board, Chairman Frye
administered the oath of office of Clerk to the Board to Deputy Clerk to the Board Dana Crisco.
Presentation of Annual Audit Report
Eddie Burke, Engagement Partner with Cherry Bekaert LLC, presented and reviewed the
County's Comprehensive Annual Financial Report for year ending June 30, 2018. He stated there
were no adjustments to journal entries, no significant deficiencies were identified and said the firm
gave the County an unmodified "clean" opinion, which is the highest level of findings, and
commended the County's Finance Office staff for their work and assistance.
Great Oak Landfill Matters
Mr. Bob Peeler, Senior Manager, Community Relations and Government Affairs, Waste
Management (WM) introduced Mike McFeeley, District Manager of the Great Oak Landfill. Mr.
Peeler said he was thankful for the relationship with Randolph County citizens and the Board as
well as the last two years of managing the Great Oak Landfill.
Mr. Peeler respectfully asked for an increase in tonnage from 2000 tons per day (TPD) to 4000
TPD. He stated that they could get to 3000 TPD quickly. The annual host fee for Randolph County
in 2018 was $1,052,825. With the addition of 1000 TPD at $1.85 per ton for all tons over the
existing annual cap of 572,000 tons, an additional $529,100 per year could be generated for
Randolph County in addition to the approximate $1 million the County is presently receiving from
WM. Mr. Peeler said truck traffic would increase and WM will work with NCDOT regarding the
roads and the additional traffic if the tonnage is increased. Truck traffic would increase but not
like one would think. If granted, the landfill footprint will not change.
Commissioner Haywood said she had spoken with Ellen Lorsheider at NCDEQ who was very
complementary of WM across the state. Ms. Haywood had asked for an explanation of the process
of increasing tonnage and if the tonnage increase was double because of the process. Mr. Peeler
confirmed and said that they do not anticipate getting to the 4000 TPD immediately but can easily
get to 3000 TPD.
Commissioner Haywood inquired about an estimate of increase in traffic. Mr. Peeler said that
the transfer trucks would be carrying more tonnage per load. However, there would be some type
of traffic increase.
Chairman Frye asked if WM was collecting 2000 TPD which included convenience sites. Mr.
Peeler replied that the 2000 TPD did include the garbage from the convenience sites. He also
mentioned that an additional truck had been added to the fleet responsible for garbage pick-up at
the convenience sites making a total of three trucks.
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Commissioner McDowell spoke of the convenience site at Farmer. He said he had called Mr.
McFeeley regarding some complaints and had not received additional calls from citizens so he felt
that the problems had been addressed.
Commissioner Allen inquired if the additional truck would be just for peak times or an ongoing
thing. Mr. Peeler stated that the truck would remain as an ongoing addition to the fleet.
Commissioner McDowell asked how the roadside gets maintained around the Landfill. Mr.
Peeler said WM works with contracted truck companies who are to keep their loads covered and
WM also has a crew that comes in three days a week on designated routes to clean the roadside.
Commissioner Haywood added that truck drivers wash their wheels when they leave but the
rain and snow has not helped that.
Commissioner McDowell inquired about recycling changes in the City of Asheboro. Citizens
had asked him what they could do with their recyclables if they did not reside in the City. Mr.
McFeeley said WM will continue to maintain the segregated bins for recycling at the convenience
sites.
Chairman Frye stated that recycling never reduced garbage levels like was originally thought.
Mr. McFeeley agreed.
Commissioner Kidd questioned how traffic would not be a one-to-one ratio with a tonnage
increase. Mr. McFeeley explained that larger amounts would be loaded on transfer trucks but the
volume from residential collectors would not vary much.
Commissioner Allen asked what geographic area would the additional garbage be coming from.
Mr. Peeler stated it would stay within their area in the Piedmont Triad that was originally laid out
in the Franchise Agreement. The largest increases would come from transfer stations.
Chairman Frye said that changing a franchise agreement must be handled differently than many
actions in other areas. He asked County Manager Hal Johnson to review the process.
Mr. Johnson explained that when a county changes a franchise agreement, thirty (30) days
notice is required for the public hearing and a copy of the proposed franchise must be on file at the
public library at least 30 days prior to the public hearing. The public hearing can take place at a
special meeting of the County Commissioners at the Historic County Courthouse, Asheboro. It is
suggested that the public hearing be held on Monday, February 11, 2019, 6:00 pm. Voting on
franchise revisions can take place at the Randolph County Board of Commissioner meetings on
March 11, 2019 and April 1, 2019. The legal notice must contain the time limit for each speaker
in order for it to be enforced.
On motion of Kidd, seconded by McDowell, the Board voted unanimously to set a public
hearing that will take place on February Hth at 6:00 p.m. at the Historic Courthouse. Each
speaker will be allotted five (S) minutes to address the Commissioners.
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Northgate Complex Matters
Paxton Arthurs, County Engineer, said on November 2"d, the County advertised bidding of the
Northgate Renovation Project. The bid opening occurred on December 12th. At that time, seven
(7) contractors submitted bids. The final bids were as follows:
Bar Construction Co. $4,801,800
Ellington Contractors $4,734,568
Garanco, Inc. $4,231,600
H.M. Kern Corporation $4,711,000
Harrod and Assoc. $5,253,000
Muter Construction $6,371,000
W.C. Construction Co. $4,539,000
At the opening of the bids, the low bid was received from Garanco, Inc. from Pilot Mountain,
NC. Garanco is the same contractor that previously performed the demolition work associated
with this project. Additionally, Garanco has worked with Smith Sinnett Architecture on the RCC
Cosmetology Center as well as an RCC HVAC renovation project. They are currently starting a
job for NCDOT.
Garanco's total bid price, including all alternate items was $4,231,600. This price was
considerably lower than recent cost estimates that were performed through Smith Sinnett by an
independent third party firm.
Additionally, in order to comply with General Statute 153-457, this action is serving as legal
notice to any adjacent property owners of the commencement of construction activity on the
proposed property.
Commissioner Allen asked if all the alternates previously discussed were included in the final
price. Mr. Arthurs said they were.
On motion ofAllen, seconded by McDowell, the Board voted unanimously to 1) award the bid for
renovations of the Northgate Complex to Garanco, Inc. in the amount of $4,231,600, 2) accept the
Alternates 2-8, 3) authorize the County Manager to sign the contract, and 4) approve the associated
Budget Amendment ($820,175), as follows:
Northgate Capital Project Fund
Amendment #2
Revenues
Increase
Decrease
Sales Tax Reimbursements
$100,000
Interest Earnings
$ 20,175
Transfer from the General Fund
$700,000
Appropriations
Increase
Decrease
Professional Services
$68,500
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Construction
$442,000
Furniture and Equipment
$280,000
Miscellaneous
$29,675
The next item of business was lease of space at the Northgate Complex to the Asheboro
Housing Authority. Mr. Arthurs said Randolph County owns the Northgate Complex property and
there is space at that property for which the County does not have an immediate need or use.
Asheboro Housing Authority has expressed a need to lease a portion of this space, approximately
3,800 square feet having a physical address of 1503 and 1505 North Fayetteville Street, Asheboro,
North Carolina. If approved, they will pay rent in the amount of $1,900 per month, or $22,800 per
year.
Since the Asheboro Housing Authority is a governmental entity, the legal process for
approving this lease is a very simple one. North Carolina General Statute 160A-274 allows any
governmental unit, upon such terms and conditions as it deems wise, with or without consideration,
to lease any interest in real or personal property to another governmental unit. The only
requirement is that action under this section is to be taken by the governing body of the
governmental unit granting the lease.
Mr. Arthurs asked the Commissioners to consider the lease agreement and authorize the County
Manager to sign the agreement. (The lease agreement is attached to these minutes as "Attachment
A.")
Commissioner Allen asked what the cost was to renovate the space. Mr. Arthurs said $30,000
being done in house.
Chairman Frye inquired about the use of the space after the Housing Authority leaves. Mr.
Arthurs stated that it could be leased out or used for a department in the County needing space.
Commissioner Kidd asked if it could be used immediately after being vacated. Mr. Arthurs
agreed that it could.
On motion of Allen, seconded by Kidd, the Board voted unanimously to approve the lease of
space at the Northgate Complex to the Asheboro Housing Authority with the option to renew the
lease on a month-to-month basis and authorize the County Manager to sign the agreement.
Grant Right of Way for Water/Sewer
Mr. Arthurs stated having received a couple of requests for the deeding of the following
easements for the maintaining of water and sewer lines on the following Randolph County
properties:
City of Greensboro (Greensboro — Randolph Megasite).
• PIN # 8708727822 along Julian Airport Road (north of driveway to cabin)
• PIN # 8708812608 along Julian Airport Road (south of cabin property)
• PIN # 8708706808 along Julian Airport Road (north of Crutchfield Farm Rd)
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City of Asheboro (Great Oak Landfill).
• PIN # 7772865823 adjacent to entrance to landfill
• PIN # 7772660646 adjacent to Eastside Baptist Church Camp
• PIN # 7772461379 adjacent to Duke Energy Transmission Lines
Mr. Arthurs requested that the Board award these easements to the City of Greensboro and the
City of Asheboro as indicated.
Chairman Frye said the motions would be made separately. He asked for discussion on the
easement for the Greensboro -Randolph Megasite.
Commissioner Allen asked if the NC Railroad (NCRR) had already signed the easement
agreements. Mr. Arthurs stated that he did not know. Commissioner Allen explained that his issue
with the request was that this would be a permanent easement and without an end user or the
approval from the NCRR, it would limit end users.
Chairman Frye suggested making a motion that approval would be subject to NCRR approval
of an easement on their property. Commissioner Allen stated there is only one tap to connect water
and sewer and that wouldn't allow for the site to be divided if needed.
Chairman Frye stated that this needed to be completed to get State Site Certification.
Commissioner Allen explained that the lines needed to be 500 feet away from the site for approval
and this easement was within the property.
Commissioner McDowell asked if there was a problem with the motion indicating pending
NCRR approval. Commissioner Allen said the easement, as it is currently drawn, is too permanent.
Commissioner Kidd asked for any insight on the request at this time. Chairman Frye stated
there had been interest in the site but did not feel it was a rush to approve at this meeting and that
adding the pending approval of the NCRR would give Randolph County an out.
Commissioner McDowell questioned if there was a pressing need to complete this now.
Chairman Frye said this was part of the process.
Commissioner Kidd asked if there was any update on the progress of the lines in Guilford
County. Chairman Frye said all of the land needed had been acquired and the Board would obtain
clarification from NCRR concerning the easement. He moved the issue to be addressed again in
February.
Commissioner Kidd questioned if the Board delaying the decision would go against the original
agreement among the Greensboro -Randolph Megasite Foundation, the NCRR and Randolph
County. Chairman Frye clarified that the Board was not withholding the request. Commissioner
McDowell agreed stating that the Board had unresolved questions but was not withholding on this
issue.
Next, the Board addressed the Great Oak Landfill easement.
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On motion of Allen, seconded by Kidd, the Board voted unanimously to grant the right of way
for water/sewer for the City of Asheboro for the Great Oak Landfill.
Sheriffs Office Matters
Sheriff Seabolt requested the addition of one School Resource Officer (SRO) position be added
to the Sheriff s Office for a presence at and at the request of Uwharrie Charter Academy (UCA)
Middle School.
He said UCA has received a grant to cover the salary, fringe benefits, and equipment for an
SRO officer at their middle school for the balance of this fiscal year. The Sheriff s Office would
issue an existing fleet vehicle. Sheriff Seabolt stated UCA has committed to the ongoing expenses
even if they no longer receive funding through a grant. He also asked for approval of the contract
between the Randolph County Sheriff s Office and Uwharrie Charter Academy for an SRO along
with the associated budget amendment for personnel costs of $36,522.
On motion of Kidd, seconded by Haywood, the Board voted unanimously to approve an
additional SRO position, the agreement between Uwharrie Charter Academy and the Randolph
County Sherffs Office, and the associated Budget Amendment, as follows:
INTERLOCAL AGREEMENT
FOR LAW ENFORCEMENT SERVICES
UWHARRIE CHARTER MIDDLE SCHOOL SRO
THIS AGREEMENT made and entered into this the seventh day of January 2019 by
and between Uwharrie Charter Academy, a charter school established by the North
Carolina Board of Education pursuant to the General Statutes of North Carolina,
Chapter 115C, Subchapter 04, Article 14A, hereinafter referred to as "Uwharrie" and
the Randolph County Sheriffs Office, hereinafter referred to as "Sheriffs Office "I-
WHEREAS,
;
WHEREAS, N.C.G.S. 160A-461 authorizes interlocal agreements between units of
government in the state; and
WHEREAS, Uwharrie desires for the Sheriffs Office to provide a School Resource
Officer at Uwharrie Charter Middle School, hereinafter referred to as "SRO "; and
WHEREAS, the Sheriff's Office agrees to provide these services under the terms of
this Agreement;
NOW THEREFORE, it is agreed, in consideration ofthe mutual covenants, promises
and agreements contained herein, as follows:
1. Term: This Agreement shall be effective date
and shall expire on June 30, 2019, unless terminated earlier as provided herein.
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2. Termination: This Agreement is terminable by either party upon notice to the
other party.
3. The Sheriff's Office agrees:
a) To assign a SRO to Uwharrie Charter Middle School for forty (40)
hours per week during the term of this Agreement.
b) That the SRO shall provide services in accordance with the "Randolph
County Sheriffs Office Standard Operating Procedure and Policy-
Uwharrie Charter Academy School Resource Officer" which is
attached as Attachment A to this Agreement and the provisions of which
are incorporated herein by reference.
c) To provide the SRO with his uniform, equipment and patrol car, subject
to the reimbursements set out in paragraph 4(a) below.
4. Uwharrie agrees:
a) To pay the Randolph County Sheriffs Office, upon the signing of this
Agreement, the sum of Thirty -Six Thousand, Five Hundred and Twenty -
Two Dollars ($36,522. 00), said amount to cover the following expenses:
• Four Thousand Nine Hundred and Twenty -Two Dollars
($4,922) per month for five months for salary and fringe
benefits;
• Seven Thousand One Hundred and Seven Dollars ($7,107.00)
to fully equip the SRO;
• Three Thousand Two Hundred and Five Dollars ($3,205.00)
for the SRO's in -car radio; and
• One Thousand Six Hundred Dollars ($1,600. OO)for the SRO's
laptop.
b) To schedule the SRO to work up to forty (40) hours per week during
the term of this Agreement. Uwharrie recognizes and understands that
it is the intent of this Agreement that the majority of the time, the SRO
will provide his services during normal school hours. Any scheduling
outside normal school hours, but within the forty (40) hour per week
cap, must be pre -arranged with and agreed to by the SRO.
c) That the services provided by the SRO will be in accordance with the
provisions of the "Randolph County Sheriffs Office Standard
Operating Procedure and Policy-Uwharrie Charter Academy School
Resource Officer " attached as Attachment A and incorporated herein
by reference.
d) That if the SRO is needed for school functions over and above the forty
(40) hours for which he is scheduled, Uwharrie agrees to make
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arrangements for these services directly with the SRO and to pay the
SRO directly in accordance with the "Randolph County Sherds
Office Off Duty School Event Fee Schedule" which is attached as
Attachment B to this Agreement and the provisions of which are
incorporated herein by reference.
e) That if the Randolph County Sheriffs Office is asked to provide
instructors to present the C.A.R.E. program to the second grade classes
and/or the D.A.R.E. program to the fifth grade classes that Uwharrie
agrees to pay the Sheriff's Officefor the costs of the materials for these
programs at a cost of $4.75 per child for the C.A.R.E. program and
$10.50 per child for the D.A.R.E. program.
5. General Provisions:
a) Relationship: The Sheriffs Office and Uwharrie shall not be
construed as joint ventures or general partners of each other, and
neither shall have the power to bind or obligate the other party except
as set forth in this Agreement. The SRO shall at all times be the
employee of the Sheriffs Office.
b) Assignment: This Agreement is not assignable by either party.
c) Benefits and Obligations: The covenants and agreements herein
contained shall inure to the benefit of, and be binding upon, the parties
hereto and their respective successors.
d) Governing Law: This Agreement shall be construed under the
provisions of the law of the State of North Carolina and any action
brought to enforce any provision of this Agreement shall be brought in
the General Court of Justice in Randolph County, North Carolina.
e) Good Faith: The parties mutually agree to deal in good faith one with
the other in all respects in performing their respective duties under this
Agreement.
fif-Veri : Uwharrie hereby attests that it currently complies with and
shall continue to comply with, for the duration of this Agreement,
Article 2 of Chapter 64 of the North Carolina General Statutes
(commonly referred to as "E -Verify').
g) Iran Divestment: Uwharrie certifies that it is not identified on any
list created by the North Carolina State Treasurer pursuant to North
Carolina General Statute 147-86.58 (the Iran Divestment Act). This
includes but is not limited to the Final Divestment List and the Iran
Parent and Subsidiary Guidance List.
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h) No State Indebtedness: No indebtedness of any kind incurred or
created by Uwharrie shall constitute an indebtedness of the State or its
political subdivisions, and no indebtedness of Uwharrie shall involve
or be secured by the faith, credit, or taxing power of the State or its
political subdivisions.
i)Entire Agreement: This Agreement contains the entire agreement
between the parties and cannot be modified except by an instrument in
writing signed by both parties.
2018-2019 Budget Ordinance
General Fund—Budget Amendment #29
Revenues
Increase
Decrease
Sales and Services
$36,522
Appropriations
Increase
Decrease
Sheriff
$36,522
For the second order of business, Sheriff Seabolt requested an additional Lieutenant position at
the Detention Center. He explained the immediate need for a Jail Operations Lieutenant for the
Randolph Detention Center. The responsibilities for this position will be as follows:
• Primary response for cell extraction and hostile inmate movement within the facility
• Train all officers in safe and effective cell extractions focusing on officer safety
• Serve as an on-call administrator for emergencies that arise at the detention center after
hours
• Serve on the Jail Expansion Transition Team as Risk Safety Manager
• Classification of existing inmates and newly booked inmates to ensure the proper housing
level and supervision required to manage current overcrowding issues
• Develop a response team for each platoon to manage dangerous situation within the facility
• Assist in the hiring and training of new detention officers in preparation for the jail
expansion
Sheriff Seabolt explained that the Sheriff's Office needed to be proactive in finding someone
for this position, especially with the upcoming jail renovations. He introduced Major Cheek who
is responsible for the jail.
Commissioner Kidd asked Major Cheek why we needed this person. Major Cheek stated that
this person would be important in safety and extraction of inmates, proper training of officers for
that task, placement of inmates in the appropriate units, and risk safety. He said that when the
construction begins, someone with the Sheriff s Office must account for any equipment going in
to come back out.
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Commissioner Allen said it would be good to have one point of contact for contractors so the
process for entry and exit would be streamlined.
On motion of Kidd, seconded by McDowell, the Board voted unanimously to approve an
additional Lieutenant position for the Detention Center and the associated budget amendment, as
follows:
2018-2019 Budget Ordinance
General Fund—Budget Amendment #30
Revenues Increase Decrease
Investment Earnings
$35,424
Appropriations
Increase Decrease
Sheri
$35,424
Sheriff Seabolt presented the third order of business to request the expenditure of $57,522 in
law enforcement restricted funds. The funds will be utilized as follows:
a) Purchase of three K -9s for the Sheriff s Office ($27,000)
b) Addition of a fire escape door and exterior stairs from the second floor of the
Special Operations Building for fire safety reasons ($15,000)
c) Updating of license plate readers ($8,330)
d) Four additional radars for the Criminal Interdiction Team ($7,192)
Sheriff Seabolt introduced Captain Walton. Captain Walton discussed the license plate readers
being a camera system integrated with a data base. The database searches license plates from
across the country. It helps locate stolen motor vehicles, lost or abducted children associated with
a motor vehicle and wanted people associated with a motor vehicle. Currently at the Sheriffs
Office, there are four license plate readers and a radar trailer equipped with an automated plate
reader. Two of the units are currently installed and in operation, the other two units need to be
installed.
The K -9s were discussed next. The Randolph County Sheriffs Office currently has three K -
9s within the department, two Blood Hounds which search for missing persons and one Labrador
which is used solely for locating narcotics. The Sheriff would like a K-9 on each shift as well as a
dedicated narcotics K-9. The current narcotics K-9 is ten years old approaching the end of its
career. The Sheriff s Office also requested the purchase of two full service K -9s. These dogs can
track, detect narcotics, assist in article searches and suspect apprehension, and help keep officers
safe.
Commissioner Allen asked how long the dogs are in service. Captain Walton said normally
nine to ten years.
Chairman Frye stated that the dogs cannot move from shift to shift. The Sheriff said the dogs
stay with one handler.
The last order of business was the radar units. Captain Walton said, currently, the Sheriffs
Office is equipped with three operational radar units. He requested the purchase of four units.
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Chairman Frye said that radar gives deputies a reason to search. Sheriff Seabolt stated the goal
of using the radars is not to write tickets, it is to apprehend people on other charges.
On motion of McDowell, seconded by Allen, the Board voted unanimously to 1) approve the
use of Law Enforcement Restricted Funds in the amount of $57, 522 for three K -9s, addition of a
fire escape and stairs at the Special Operations Building, installation and software updates for
license plate readers, and four additional radars; and 2) approve the associated Budget
Amendment, as follows:
2018-2019 Budget Ordinance
General Fund—Budget Amendment #31
Revenue
Increase
Decrease
Restricted Fund Balance Appropriated
$57, 522
Appropriation
Increase
Decrease
Sheri "
$57,522
Randolph County Schools Capital Proiect
Will Massie, Finance Officer, said the County has already established a capital project to
recognize the construction cost of the Trinity Middle School (TMS) project. The original
ordinance was adopted with only professional fees, with a $500,000 advance from the General
Fund. Further design and bidding services will be needed over the next few months; another
advance is necessary to keep the project moving forward. The advances can be reimbursed once
the full project debt is issued in July.
On motion ofAllen, seconded by Haywood, the Board voted unanimously to approve the Budget
Amendment for Randolph Countv Schools Capital Proiect, as follows:
Randolph County Schools Capital Project Ordinance
Budget Amendment #1
Revenues
Increase
Decrease
Transfer from General Fund
$500,000
Appropriations
Increase
Decrease
Professional Services
$500,000
Update on CCG Range and Training Complex, LLC
Ben Morgan, County Attorney, researched the feasibility of injunctive relief. He found it is not
available in this case. Injunctive relief is used if filed along with a lawsuit. He said the case is on
the Civil term of January 22nd. He said he understood the frustration of the neighbors in this case;
this is an uncommon occurrence.
Chairman Frye asked why the Planning Board couldn't file a lawsuit. Mr. Morgan explained
that the owners of the gun range filed an appeal to Civil Superior Court to the Planning Board's
decision.
1/7/19
Chairman Frye wondered how confident Mr. Morgan was that the case will be heard. Mr.
Morgan replied he was not sure.
Commissioner McDowell inquired about the length of a Civil term. Mr. Morgan said one week.
Commissioner Allen asked if the case was not hear this term, when is the next term. Mr. Morgan
thought it was sometime in February.
Mr. Morgan suggested keeping this item on the agenda for monthly updates. Commissioner
McDowell said the case could be heard by a judge before the next meeting.
Approval of Ordinance Prohibiting the Use of Tobacco on Local Government Grounds and
in Local Government Buildings and Vehicles
Susan Hayes, Public Health Director, said on January 3rd, a rule was adopted. The changes
made were highlighted and incorporated "use" in many places, added public sidewalks, and
changed the date. Ms. Hayes asked some community leaders to speak about tobacco cessation.
Mary Joan Pugh, retired Zoo employee, stated she was not representing the Zoo, just sharing
her experience with tobacco cessation at the Zoo. She said that when people used tobacco in the
Zoo, the visitors were asked not to use tobacco on Zoo property. Visitors were understanding and
usually abided by the request.
Dr. Bob Shackleford, RCC President, spoke of his experience with smoking issues in his life
and at RCC. His mother smoked heavily and died of lung cancer at age 67. Before RCC was a
tobacco free campus, cigarette butts were all over campus and people would smoke outside in
doorways. He said RCC went tobacco free and he encouraged the Board to go tobacco free.
Chairman Frye asked Dr. Shackleford if RCC campus was smoke free. He replied that it was
and had started approximately eight years ago.
Angie Orth, Randolph Health CEO, voiced her support of prohibiting tobacco on local
government grounds. She gave a history of banning tobacco at healthcare facilities. She also
stated some statistics on lung cancer.
Robert Cross, Maintenance Director, showed some slides depicting the cigarette butt litter next
to receptacles at the Courthouse. He also spoke of the extra cleaning that had to be done because
of it. (Photos are attached to these minutes as "Attachment B.")
Dr. Charles Lee, Chairman Board of Health, said the Health Board spent many hours on the
tobacco free rule. He also spoke of the Strategic Plan directives which mention tobacco free
facilities and grounds. He urged the Board to approve the Board of Health rule.
Chairman Frye said that there has been no smoking in County buildings for years. He asked
what extent the County would go to for enforcement. Ms. Hayes stated that this was not about
enforcement but to change how people view tobacco.
1/7/19
Chairman Frye questioned adding vehicles to the rule. Ms. Hayes said that enforcement in a
County owned vehicle would be handled by the appropriate supervisor.
Chairman Frye stated that the key to this was education and mentioned the Wellness Coalition.
He said it would not stop people from smoking.
Commissioner Haywood said that most people stop smoking because of workplace policy.
Chairman Frye said that the County already has that policy. Ms. Hayes explained that County
employees step outside the building and those coming in must walk through smoke.
Chairman Frye stated that the rule must be enforceable. Ms. Hayes agreed but mentioned that
the change would not happen overnight. She urged the Board not to be "the last to change."
Commissioner Haywood recounted an experience she had at her husband's store with a
customer who had Lupus that could not endure smoke. Employees had to help the customer to her
car because of a smoker outside the door.
Commissioner Kidd asked Dr. Shackleford about enforcement on RCC's campus. Dr.
Shackleford said it was enforced the same way as other violations. It starts with a warning, then
fines, then being no longer allowed on campus. He stated that it had not been a problem to enforce
it and there had only been verbal warnings issued. His final comment was that it changed the
culture of the campus. Commissioner Kidd asked how much RCC's fine was. The reply was $15.
Commissioner Frye asked who would enforce this in the municipalities. Ms. Hayes said the
municipalities would be responsible.
Commissioner Kidd commented that he thought the Town of Liberty did not want to enforce
it.
Commissioner McDowell asked David Fernandez, Mayor of Seagrove, to speak. Mayor
Fernandez said he spoke to a Seagrove Police Officer that uses tobacco who said that he will not
have a problem being tobacco free when the rule passes. Mayor Fernandez encouraged the Board
to "step up, make this happen, put the enforcement in place, and take the leadership to get this
done."
Dr. Lee said enforcement is only by a sworn Law Enforcement Officer per the rule.
Commissioner Frye asked who else would write citations. Ms. Hayes said only a sworn officer.
Commissioner Kidd asked where one would pay citations. The response was the Clerk of Court's
Office.
Commissioner Kidd asked if he was smoking in his personal vehicle on County owned
property, what would happen. Ms. Hayes said that he would be asked to leave County property.
Commissioner Kidd stated this was a violation of personal rights and it was not the responsibility
of government to force someone to stop using tobacco, which is legal in this Country.
1/7/19
Commissioner Allen called the question.
On motion of Haywood, seconded by Allen, the Board voted three to two (3-2) with Frye and
Kidd opposing to approve the Ordinance Prohibiting Tobacco in Local Government Buildings and
Vehicles, including ecigarettes, on Randolph County property and the property of all cities, towns
and municipalities.
Because a unanimous vote is required for approval at the first presentation of the rule, the
County Manager advised that another vote could be scheduled at the February 4th Commissioners
Meeting. It could pass with a majority at that time.
Chairman Frye said that due to the length of tonight's meeting, the Closed Session will be held
at the February 4th meeting. The purpose of the Closed Session was to conduct the periodic
evaluation of the County Manager.
Adiournment
At 9:03 p.m., on motion of McDowell, seconded by Kidd, the Board voted unanimously to
adjourn.
Darrell Frye, Chairman David Allen
Kenny Kidd
Hope Haywood
Maxton McDowell
Dana Crisco, Clerk to the Board
1/7/19
Attachment A
LEASE AGREEMENT
THIS LEASE AGREEMENT (referred to as the "Lease" or the "Agreement"), is
executed as of this day of , 2019, by Randolph Coun , a North
Carolina Local Government (hereinafter referred to as "Landlord") and Asheboro Housing
Authori , a Government Agency (hereinafter referred to as "Tenant").
RECITALS
Landlord owns the property and the improvements thereon identified as 1503 And 1505
+ , Asheboro 27203 as fully set forth herein (the "Premises"). Tenant
_
N. atiettevi a treat ,
desires to lease the Premises and Landlord desires to lease the same to Tenant all in accordance
with the terms and conditions contained in this Agreement.
Location of Premises: 1503 and 1.505 N. Fa etteviIle Street Asheboro NC 27203
Square Footage: 3,800 SQ FT Term of Lease: I year
Lease Commencement Date: 201.9
Rent Commencement Date: 2 2019
Premises Rent (monthly): $ 11900.00 per month / $. 22� ,800 annual
Now, therefore, in consideration of the foregoing and the mutual covenants and
agreements contained herein, Landlord hereby leases to Tenant, and Tenant leases from
Landlord, the Premises upon the following terms and conditions.
1. TERM. The term of this Lease shall be as set forth on Appendix 1, with a
commencement date (the "Commencement Date") as set forth on Appendix 1 (the "Initial
Term"), Tenant shall have the option to renew this Lease on a month to month basis (the
"Extended Term(s)"). Tenant is to advise Landlord at least sixty (60) days prior to the
termination of the Initial Term, by registered or certified mail, return receipt requested, written
notice advising if Tenant intends to exercise its option to renew for an Extended Term.
2. RENTAL AND LATE PAYMENT. For the Initial Term of this Lease, and for any
Extended Term, the Tenant covenants and agrees to pay the Landlord a monthly rent (the
"Premises Rent") as set forth on Appendix 1, payable on or before the first day of each month. In
the event that the Premise Rent is paid by Tenant more than 10 days after the due date, Tenant
shall be obligated to pay a late fee of $50.00.
3. COVENANT OF TITLE AND QUIET POSSESSION. Subject to the terms,
provisions and conditions herein set forth, the Landlord covenants, represent, warrants and
agrees that Landlord is the fee simple owner of the Premises and that Tenant, its permitted
successors and assigns, shall have and enjoy the Premises during the term hereof free from
adverse claims of any and all other persons whomsoever.
Landlord Initials Page 1 of 10 Tenant Initials
successors and assigns, shall have and enjoy the Premises during the term hereof free from
adverse claims of any and all other persons whomsoever.
4. USE OF PREMISES AND SIGN. The Premises shall be used for purposes
consistent with the activities and mission of Tenant, together with the purposes incidental or
related thereto. All other usages by Tenant of any part of the Premises must first be approved in
writing by Landlord. Tenant will make no unlawful or offensive use of the Premises and will
comply with all laws, ordinances and regulations of duly constituted govermnent authorities.
Tenant may erect or install a sign identifying Tenant so long as it is in compliance with
applicable ordinances and is compatible with signs of other tenants on the Premises, if any.
5. ALTERATIONS AND IMPROVEMENTS. Prior to the Rent Commencement Date,
Landlord, at Landlord's expense, shall remediate mold, and renovate the Premises, pursuant to
the drawing attached to this Lease and as set forth on Appendix 1The Tenant shall have the right
and privilege at any time during the term of this Lease to make, at its own expense, such minor
changes, improvements and alternations to the Premises as the Tenant may desire; provided,
however, the Tenant shall not make any material or structural changes to the Premises without
the prior written consent of the Landlord, and such alternations so made shall be made at the sole
cost and expense of the Tenant. Upon the termination or expiration of this Lease, all the said
improvements shall remain in the Premises and become the sole property of the Landlord, and
the Tenant will take any and all action and sign any and all documents reasonably required by
the Landlord to effect or conium the Landlord's ownership of said improvements.
6. TRADE FIXTURES OF TENANT. Tenant acknowledges and agrees that Tenant
shall be solely responsible for securing, installing and paying for any and all trade fixtures to be
used by Tenant in the Premises. Thereafter, the Tenant may, during the term of this Lease,
remove from the Premises all such trade fixtures which the Tenant may have installed at its own
expense in the said Premises. Tenant shall repair any damages to the Premises caused by the
removal of such trade fixtures.
7. UTILITIESIMISCELLANEOUS SERVICES. Landlord and Tenant acknowledge
that each is responsible for the utilities and services (collectively, "Service Obligations")
identified on Appendix 1. The responsibility to pay for a Service Obligation shall include all
metering, hook-up fees or other miscellaneous charges associated with establishing, installing
and maintaining such utility or contract in said party's name.
8. DAMAGE OR DESTRUCTION BY FIRE OR OTHER CASUALTY. In the
event of damage to the Premises by fire or other casualty or act of God, the Tenant shall give
immediate notice thereof to Landlord who shall, except as provided below, have the damage to
the Premises repaired with reasonable speed at the Landlord's expense, due allowance being
made for reasonable delay which may arise by reason of adjustment of losses under insurance
policies on the part of the Landlord and/or Tenant or any other cause beyond the Landlord's
control, and to the extent that the Premises are rendered untenantable, the Premises Rent shall
proportionately abate based on the reduction of square footage of the Premises useable by Tenant
as a result of such casualty; provided, however, that if the damage to the Premises shall be so
Landlord Initials Page 2 of 10 Tenant Initials
extensive that more than fifty (50%) percent of the Premises are unusable and the repair of same
cannot be completed within a reasonable time not to exceed ninety (90) days, either the Landlord
or the Tenant may notify the other party in writing that such party is terminating the Lease, and
the Premises Rent, in such case, shall be due and owing to the Landlord only through the date of
such damage, and not thereafter, and in such case the Tenant shall thereupon vacate the Premises
and surrender the same to the Landlord as quickly as practicable.
9. INDEMNIFICATION AND LIABILITY INSURANCE. The Landlord shall not be
liable for any damage to property or person by reason of the Tenant's use or occupancy of the
Premises, and the Tenant agrees to save Landlord harmless from and against all claims, suits,
demands, actions, and the cost and expense thereof, including reasonable attorneys' fees, rising
out of any property damage or personal injury whatsoever occurring in or on the Premises except
that Tenant shall not be liable for nor indemnify Landlord against damages to property or person
by reason of any breach of Landlord of its obligations under this Lease, including but not limited
to any damages resulting from structural defects in the Premises. Tenant shall be entitled to
require that Landlord use counsel of Tenant's choice in defending any claim to which Tenant's
indemnity obligation applies. The Tenant further specifically agrees that it will procure and keep
in force at its expense public liability insurance in an amount of not less than $1,000,000 in
respect to bodily injury, disease, illness or death suffered by any one person, $1,000,000 in
respect to any one occurrence, and $500,000 in respect to damage or destruction of property
arising out of any one accident. Tenant will cause a certification of insurance to be furnished to
Landlord's evidencing such coverage and said policy shall provide that said insurance may not
be cancelled without written notice to Landlord at least thirty (30) days prior to any cancellation.
10. PROPERTY INSURANCE AND TAXES. Landlord shall pay the cost of insurance
coverage on the building, including fire and vandalism insurance, in such amo-unts and with such
companies as procured by Landlord. Landlord shall also pay all the property and/or ad valorem
taxes and any special assessments which may be assessed, levied or charged against the Premises
by governmental authorities. Tenant, throughout the term of this Lease and extensions hereof,
shall pay all operating license fees for the conduct of its business, and all ad valorem taxes,
assessments and other governmental or public charges assessed, levied or charged against its
personal property, trade fixtures, inventory, stock or merchandise, improvements to the Premises
made by Tenant and other property owned by Tenant.
11. MAINTENANCE AND REPAIRS.
(a) Tenant's Repairs and Maintenance. Tenant shall, at Tenant's sole cost and
expense, keep the Premises and every part thereof, including all signs in and about the Premises,
in good condition and repair (except as hereinafter provided with respect to Landlord's
obligations).
(b) Landlord's Re airs and Maintenance. Landlord shall maintain and keep in good
repair the stiuctural portions of the Premises, including foundation, subfloor, roof, load-bearing
walls and structural columns and beams of the building, windows, and exterior walls except to
the extent that such maintenance and repairs are caused by the act, neglect, fault or omission of
Landlord Initials Page 3 of 10 Tenant Initials
any duty of Tenant, its agents, servants, employees, invitees, or any damage caused by breaking
and
entering, in which case, at Landlord's election, Tenant shall either repair such damage at
Tenant's sole cost and expense or pay to Landlord the entire cost of such maintenance and
repairs.
12. SURRENDER OF POSSESSION. Upon the expiration or termination of this Lease
the Tenant shall surrender the Premises to Landlord in good order and condition, ordinary wear
and tear excepted.
13. WAIVER OF SUBROGATION. Landlord and Tenant, each of itself and its
personal representatives, successors and assigns, covenants and agrees with the other that no
claim shall be made, and that no suit or action, either at law or in equity, shall be brought by
either party, or by any person, firm or corporation claiming by, through or under Landlord or
Tenant, their heirs, personal representatives, successors, sub lessees or assigns, against the other,
or their officers agents, employees, successors, sub lessees or assigns, for any loss, cost or
damage to the Premises, or the building in which the Premises are situated, or any improvement
or other property located thereon, caused by or resulting from fire, explosion or other casualty
where such loss, cost or damage are required herein to be fully covered by insurance. All policies
of insurance carried and maintained pursuant to this Lease shall contain or be endorsed to
contain a provision whereby the insured thereunder waives or is permitted to waive, prior to loss,
all rights of subrogation against either Landlord or Tenant.
14. SUBORDINATION AND ATTORNME NT.
(a) This Lease and all of Tenant's rights hereunder are and shall be subject and
subordinate to all currently existing and future mortgages affecting the Premises. Within ten (10)
days after the receipt of a written request from Landlord or any Landlord mortgagee, Tenant
shall confirm such subordination by executing and delivering Landlord and Landlord's
mortgagee a recordable subordination agreement and such other documents as may be
reasonably requested, in form and content satisfactory to Landlord and Landlord's mortgagee.
Provided, however, as a condition to Tenant's obligation to excite and deliver any such
subordination agreement, the applicable mortgagee must agree that mortgagee shall not
unilaterally, materially alter this Lease and this Lease shall not be divested by foreclosure or
other default proceedings thereunder so long as Tenant shall not be in default under the terms of
this Lease beyond any applicable cure period set forth herein.
(b) If Landlord sells, transfers, or conveys its interest in the Premises or this Lease, or
if the same is foreclosed judicially or nonjudicially, or otherwise acquired, by a Landlord
mortgagee, upon the request of Landlord or Landlord's successor, Tenant shall attorn to said
successor, provided said successor accepts the Premises subject to this Lease.
15. HOLDING OVER. In the event Tenant reinains in possession after the expiration of
this Lease without the execution of a new Lease, the Tenant shall not acquire any right, title or
interest in or to the Premises, and in such event, the Tenant shall occupy the Premises as a tenant
Landlord Initials Page 4 of 10 Tenant Initials
from month-to-month at the last effective Premises Rent rate, but both Landlord and Tenant shall
otherwise be subject to all of the conditions, provisions and obligations of this Lease insofar as
the same shall be applicable. Landlord agrees that in the event of such a month-to-month
tenancy, Landlord shall not raise Tenant's Premises Rent more than 3% on an annual basis.
16. INSOLVENCY OF TENANT. In the event that a receiver is appointed to take
possession of the assets of the Tenant, or a general assignment for the benefit of creditors of
Tenant is made, or any action is taken against or allowed to be taken by Tenant under any
bankruptcy act or Tenant becomes insolvent, then upon election of the Landlord, this Lease shall
cease and terminate upon ten (10) days written notice by Landlord to Tenant unless Tenant in
good faith contests any such action taken against it under the terms of any such bankruptcy or
receivership act and is successful in obtaining a discharge of same within ninety (90) days of the
date of commencement of such proceedings.
17. DEFAULT. This Lease is made upon the condition that the Tenant shall punctually
and faithfully perform all of the covenants and agreements by it to be performed as herein set
forth. If (a) two times in a calendar year, any amount of Premises Rent, or any other sums
required to be paid by the Tenant hereunder, shall be in arrears and such default continues for ten
(10) business days following written notice from Landlord or (b) there is a default by Tenant in
the observance or performance of any of the other covenants or agreements of this Lease which
Tenant is required to observe or perform and the default shall continue for a period of thirty (30)
days after written notice thereof is given by Landlord to Tenant, then Landlord, at its option, may
(i) terminate this Agreement; or (ii) if default consists in whole or in part by Tenant's failure to
expand funds, make the necessary expenditures for the account of Tenant who shall reimburse
Landlord therefore with interest at the maximum legal rate of interest from date of expenditure.
Upon termination of this Agreement for any reason, Tenant shall promptly surrender possession
to Landlord and vacate the Premises, and Landlord may re-enter the Premises and expel the
Tenant or anyone claiming under the Tenant and remove the property of any of them without
notice, formal claim or process, Landlord being absolved of any liability or claim for damages in
doing anything reasonably necessary or appropriate in connection therewith.
With respect to any default by Landlord hereunder not cured within thirty (30) days after
written notice by Tenant to Landlord, Tenant shall have all rights and remedies available to
Tenant in law or equity, including, without limitation, the right to terminate this Lease and quit
the premises, the right to damages, and the right to specific performance and injunctive remedies.
Any Notice of Default shall be mailed to Tenant as detailed in paragraph 23 below
certified mail, return receipt:
Asheboro Housing Authority
Atte: Robert Lawler
338 W. Wainman Avenue,
Asheboro, NC 27203
Landlord and/or Tenant may change the address to which notices are to be sent by giving notice
to the other party of such change of address as provided in this Paragraph.
Landlord Initials Page 5 of 10 Tenant Initials
18. RIGHT OF ENTRE'. Landlord's representative shall have the right to enter the
Premises at all reasonable hours to examine same and make such alterations and repairs as may
be desired (provided such work does not materially detrimentally affect Tenant's use of the
Premises) and may during the last ninety (90) day period of the term of this Lease, or if renewed
pursuant to the renewal provisions hereof, within the last ninety (90) days of the renewal terms,
show same to prospective tenants at all reasonable hours and shall permit the usual notices of
"For Rent" and "For Sale" to be placed on the Premises and to remain thereon without hindrance
or molestation.
19. ASSIGNMENT AND SUBLETTING. Tenant may not assign or transfer this Lease
or any estate, interest or benefit thereof or sublet the Premises or any pant or parts thereof without
the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or
delayed. Landlord shall have the absolute right to assign this Lease without receiving the consent
of Tenant, and Tenant shall be obligated to any such assignee of Landlord under the terms and
provisions of this Lease as if Tenant had initially entered into this Agreement with such assignee.
20. ENVIRONMENTAL. Landlord hereby certifies to Tenant that prior to the date
hereof, it has no knowledge of any use of the Premises which has been in conflict with any of the
environmental laws of the state or nation. Landlord further certifies that there are no
underground tanks on the Premises. Landlord agrees to indemnify and hold harmless Tenant, its
successors or assigns, against and in respect to any and all damages, claims, losses, liabilities,
and expenses, including, without limitation, reasonable legal, accounting, consulting
engineering, and other expenses which may be imposed upon or incurred by Tenant, its
successors or assigns, or asserted against Tenant, its successors or assigns, by any other party or
parties (including, without limitation, a governmental entity) arising out of or in connection with
any environmental condition caused or created prior to the Commencement Date. Tenant shall be
responsible for compliance with all state, federal, and local environmental laws and regulations
with respect to the business use of the Premises and the operations of the business on the
Premises,
21. QUIET ENJOYMENT, So long as Tenant observes and performs the covenants
and agreements contained herein, it shall at all times during the Initial Term and Extended Term
(if applicable) peacefully and quietly have and enjoy possession of the Premises, subject to the
terms hereof.
22. RECORDING. Upon request by either Landlord or Tenant, the parties hereto shall
execute a short form lease (memorandum or lease) in recordable form, setting forth such
provisions hereof (other than the amount of annual rental and other sums due) as either party
may wish to incorporate. The cost of recording such memorandum of lease shall be borne by the
party requesting execution of same.
23. NOTICES. Any notice provided herein shall be deemed to have been served
sufficiently if the same shall be in writing and either hand delivered to the addressee designated
below or mailed via registered or certified mail, return receipt requested, addressed as follows. If
Landlord Initials Page 6 of 10 Tenant Initials
to Landlord, the notice shall be mailed to the address shown on Appendix 1. If to Tenant, the
notice shall be mailed to:
Asheboro Housing Authority
Attn: Robert Lawler _
338 W. Wainman Avenue,
Asheboro, NC 27203
Landlord and/or Tenant may change the address to which notices are to be sent by giving notice
to the other party of such change of address as provided in this Paragraph.
24. CONTROLLING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of North Carolina, and both parties hereby consent to the
sole and exclusive jurisdiction of the state and federal courts serving RANDOLPH COUNTY,
NORTH CAROLINA in the event of any dispute arising under this Lease.
25. PARAGRAPH HEADINGS, ETC. The paragraph headings herein are for
convenience and reference only, and words contained therein shall in no way be held to explain,
modify, simplify or aid in the interpretation, construction or meaning of the provisions of this
Lease. Whenever used herein, a pronoun in the neutral gender shall include the masculine and
feminine gender and the singular, the plural unless the context clearly indicates otherwise.
26. SUCCESSORS AND ASSIGNS. It is further hereby expressly agreed and
understood that all covenants and agreements herein made shall extend to and be binding upon
the parties hereto and their respective successors and permitted assigns, and that no modification
of this Lease shall be binding unless evidenced by an agreement in writing signed by both the
Landlord and the Tenant.
27. ENTIRE AGREEMENT AND ADDITIONAL PROVISIONS. This Agreement
contains the entire agreement between the parties hereto with respect to the subject matter
hereof, sets forth all of the representatives and warranties of the parties hereto with respect to the
subject matter hereof and supersedes any and all prior or contemporaneous oral and written
agreements, representations, warranties or understandings with respect to the subject matter
hereof-. Any additional terms which are part of this Lease shall be set forth on Appendix 1,
attached, and shall be initialed by each party.
28. IDENTITY Or INTEREST. The execution of this Lease or the performance of any
act pursuant to the provisions hereof shall not be deemed or construed to have the effect of
creating between the Landlord and Tenant the relationship of principal and agent or of
partnership or joint venture and the relationship between them shall be only that of landlord and
tenant.
29. COUNTERPARTS. This Agreement may be executed in multiple counterparts, all
of which shall be construed together as one and the same instrument, Electronically reproduced
(via fax, scan or similar means) copies of signatures to this Lease Agreement shall be treated in
all respects as original signatures.
Landlord Initials Page 7 of 10 Tenant Initials
30. E -VERIFY CLAUSE. Parties hereby attest that they currently comply with and
shall continue to comply with, for the duration of this Agreement, Article 2 of Chapter 64 of the
North Carolina General Statutes (commonly referred to as "E -Verify'),
31. IRAN DIVESTMENT Act. Parties attest that they not identified on any list created
by the North Carolina State Treasurer pursuant to North Carolina General Statute 147-86,58 (the
Iran Divestment Act). This includes but is not limited to the Final Divestment List and the Iran
Parent and Subsidiary Guidance List.
IN WITNESS WHEREOF, Landlord has executed this Agreement, or caused it to be
executed by its duly authorized representative, and Tenant has caused this Agreement to be
executed by its duly authorized representative, as of the day and year first above written.
LANDLORD: Randolph County Government
By:
Title: Hal Johnson, Manager
TENANT: Asheboro Housin Authorit
By:
Title: Robert Lawler Director
*APPENDIX 1 FOLLOWS'
Landlord Initials Page 8 of 10 Tenant Initials
APPENDIX 1
Location of Premises: 1503 and 1505 N. Fayetteville Street_ Asheboro, NC 27203
Square Footage: 3,800 SQ FT
Tenn of Lease: 1 year
Lease Commencement Date: X2019
Rent Commencement Date: , 2019
Premiscs Rent: $ 1,900.00 per month/$ 2200.00 annual
Notice Address for Landlord:
Randolph County
Attn: Paxton Arthurs
725 McDowell Road
ASHEL'ORO, NC 27205
Service Obligations Pursuant to Paragraph 7:
Service Obligation
Landlord
Tenant
Not Applicable
Sewer / Septic
✓
Water
✓
Electric
✓
Gas
✓
Telephone
✓
HVAC (standard
maintenance)
✓
Elevator (including phone line)
✓
Security System
✓
Fiber Optic
✓
Janitor / Cleaning
✓
Trash / Dumpster
✓
Landscaping / Maintenance
✓
Landlord Initials Page 9 of 10 Tenant Initials
Sprinkler System (including
phone line)
✓
Pest Control
✓
Cable
✓
Internet
✓
Replace HVAC filters monthly;
monthly service maintenance
on system
✓
Unstop toilets / drains
✓
Replace any broken glass
✓
Replace any light bulbs
✓
Additional Terms Pursuant to Para ra h 27ofthe-Lease- an -additions are to be initialed
by both Landlord and Tenant):
Landlord shall provide office paititions for Tenant's use during the term of the Lease, as maybe
extended or renewed pursuant to Paragraph 1.
Tenant Initials: Landlord Initials:
If the HVAC system requires replacement and/or repairs beyond normal maintenance costs of
$500.00, Landlord shall repair and/or replace the HVAC system at its expense.
Tenant Initials: Landlord Initials:
Landlord Alterations and Improvements pursuant to Paragraph 5 of the Lease:
Landlord will conduct mold remediation prior to the Rent Commencement Date.
Tenant Initials: Landlord Initials:
Landlord will construct the improvements, including the addition of a connector door, office
layout, and the addition of a private office, as shown on the attached drawing.
Tenant Initials: Landlord Initials:
Landlord Initials Page 10 of 10 Tenant Initials
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