031119March 11, 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 Sheriff's Office gave the invocation and the Girl Scouts led everyone in the
Pledge of Allegiance.
Special Recognitions
Robin B. Whatley retired February 28th from Emergency Services with 30 years of service.
Ms. Whatley was recognized by Donovan Davis, EMS Director, after which, Chairman Frye
presented her with an engraved clock on behalf of the Board.
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.
Brenda Newsome, 4690 Hoots Hollow Rd., Liberty, spoke of Girl Scouts participating in
various community service projects that had benefitted pets and citizens of all ages all over
Randolph County, the state of North Carolina, the United States, and even in third world countries.
She asked to think of Girl Scouts as more than cookies and crafts. They work all over for the
benefit of communities.
Billy Henley, 3213 Old Cedar Falls Rd., Asheboro, said he is opposed to a tonnage increase at
the landfill. He is concerned for the safety of his family, friends and neighbors. He stated the smell
is awful. When the Public Hearing was held, the people who spoke in favor of the increase did not
live in his neighborhood. He stated he questioned the motives of someone not living in the area.
"If it ain't in your backyard, it may be in your back pocket."
Dwight Ayers, 3686 Old Cedar Falls Rd., Randleman, is opposed to the tonnage increase. He
did commend Waste Management for their efforts in routing traffic properly. However, he stated
the roads were not made for the kind of traffic that goes to the landfill. He was also concerned with
the safety of the citizens. The "contract was well negotiated" but the main concern should be
Randolph County's waste. He is not in favor of shortening the life of the landfill by increasing the
tonnage.
Milli Cooper, 203 Albert Martin Rd., Franklinville, played a recording of the shooting noise
from the CCG Gun Range at a competition they had the weekend before. The shots are within
seconds of each other at a constant rate. She expressed her hope that the issue would be resolved
with CCG soon.
Libby Green, 1209 Henley Country Rd., Asheboro, said she opposed the tonnage increase.
She has seen the trucks being weighed at the landfill. She said the roads and the smell are
atrocious. The roads are constantly muddy. Trucks are not following the proper routes. There is
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no speed limit sign posted on Henley Country Rd. She said there have been near misses from CEI
trucks.
Alan Ferguson, 4794 Troy Smith Rd., Liberty, spoke about the NC Carolina Core item on the
agenda. He said it was a great public/private collaboration. Mr. Ferguson urged the Carolina Core
leaders to include the residents along that corridor who are stakeholders and could be the best
allies for that cause. On the other hand, he said not to alienate the residents because that would
cause animosity.
Macky Garner, 1839 Old Cox Rd., Asheboro, said the infrastructure should have been studied
better before the Regional Landfill was opened and these problems wouldn't be occurring now.
Next, he talked about the Agriculture Events Center. He suggested adding the SportsPlex to the
site for the Agriculture Center to be used year round. He felt the best use of the land on Zoo
Parkway would be for a residential development.
Chairman Frye reminded Mr. Garner that the SportsPlex is a project of the City of Asheboro.
Mr. Garner said he knew that but the City has annexed property before and the County and City
should work together.
CCG Range and Training Complex, LLC. Update
Ben Morgan, County Attorney, was asked by Chairman Frye to give an update so that those in
attendance for it would not have to stay for the entire meeting. Mr. Morgan said the record on
appeal has been completed. It was approximately 300 pages long. It has been scheduled to be
heard the week of April 29th in front of Judge Stone, a Superior Court Judge.
Consent Agenda
On motion of Kidd, seconded by McDowell, the Board voted unanimously to approve the
consent agenda, as follows:
• approve Board of Commissioners regular meeting minutes of 2/4/19, closed meeting
minutes 2/4/2019 and special meetings of 2/11/19, 2/19/19, and 2/21/19;
• approve 2020 Holiday schedule (same as State schedule), as follows:
3/11/19
1/1 (Wed.)
1/1 (Wed.)
New Year's Day
M. L. King Jr. 's B -day
1/20 (Mon.)
1/20 (Mon.)
Easter / Good Friday
4/20 (Fri.)
4/20 (Fri.)
Memorial Day
5/25 (Mon.)
5/25 (Mon.)
Independence Day
7/3 (Fri.)
7/3 (Fri.)
Labor Day
9/7 (Mon.)
9/7 (Mon.)
Fall Festival (Asheboro Library Only - CLOSED) 10/3 (Sat.)
Veterans' Day
1 1/11 (Wed.)
11/11 (Wed.)
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Celebration of Seagrove Potters 11/16 (Sat.)
(Seagrove Library Only CLOSED)
Thanksgiving
11/26 & 27 (Thur. & Fri.)
11/26 & 27 (Thurs. & Fri)
$20,757
12/24, 12/25, 12/28
12/24 (Thurs.) CLOSED
Christmas
(Thurs., Fri. & Mon.)
12/25 (Fri.) CLOSED
$20,757
12/26 (Sat.) OPEN
12/28 (Mon.) OPEN
appoint D.R. Cash, Edward Ramsay, and Mya Brooks and reappoint Tammy Bennett to
the Randolph County Juvenile Crime Prevention Council;
approve Budget Amendment #40 for Public Health -Mini Grant ($20,75 7), as follows:
2018-2019 Budget Ordinance
General Fund—Budget Amendment #40
Revenues
Increase
Decrease
Restricted Intergovernmental
$20,757
Increase Decrease
Appropriations
Increase
Decrease
Public Health
$20,757
• approve Budget Amendment 1141 for Public Health -Child Care Health Nurse ($1,2 76), as
follows:
2018-2019 Budget Ordinance
General Fund—Budget Amendment #41
Revenues
Increase Decrease
Restricted Intergovernmental
$1,276
Appropriations
Increase Decrease
Public Health
$1,276
• adopt Resolution for DOT to abandon. 098 miles of Siler St. in Trinity, as follows:
WHEREAS, the Department of Transportation has investigated. 098 miles of
SR 1598 (Siler Street) in Randolph County for purposes of abandonment; and
WHEREAS, it has been determined that this portion ofsubject road should be
abandoned from the Division of Highways' Secondary Road System.
NOW, THEREFORE, BE IT RESOLVED by the Randolph County Board of
Commissioners that. 098 miles of SR 1598 (Siler Street) in Randolph County be
abandoned from the Division of Highways' Secondary Road System.
• approve Resolution to Add and Remove Plat Review Officers, as follows:
RESOLUTION
ADDING AND REMOVING REVIEW OFFICERS FOR PLAT REVIEW
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WHEREAS, the NCGS § 47-30.2 requires the Board of County
Commissioners in each county, by resolution, to appoint persons to serve as Plat
Review Officers to review each plat before it is presented to the Register of Deeds
for recording; and
WHEREAS, it is the desire of the Randolph County Board of Commissioners
to ensure an expeditious review of all maps and plats as required by NCGS § 47-
30.2 before they are presented to the Register of Deeds for recording; and
WHEREAS, from time to time, the County or municipalities may replace
persons designated to perform all responsibilities as required for Plat Review
Officers; and
NOW, THEREFORE, BE IT RESOLVED, effective March 11, 2019, that
Marc Allred, City of Trinity, be added as a designated Plat Review Officer and the
following individuals be removed as designated Plat Review Officers: Jeff Wells,
City ofArchdale; Adam Stumb, City of Trinity; Dumont Bunker, City ofAsheboro;
and Mark Schroeder, Lee Burnette, and Robert Robbins all of the City of High
Point; and
BE IT FURTHER RESOLVED, that a copy of this resolution adding and
removing the Plat Review Officers for Randolph County be recorded in the
Randolph County Register of Deeds Office.
Randolph County Economic Development Corporation (EDC) Annual Report
Kevin Franklin, EDC Interim President, recognized EDC Board members in attendance;
Chairman Frye, County Manager Hal Johnson, and Dr. Stephen Gainey. He said the EDC was
successful with new and existing companies adding investment and jobs for Randolph County.
More than $24,968,209 in new investments resulted in 142 new jobs. The EDC successfully
obtained six Building Reuse Grants from the State of North Carolina to assist with these
announcements. Two major projects for the Greensboro -Randolph Megasite continue to be courted
in 2019 after months and months of recruitment in 2018. During 2018, the Randolph County EDC
worked with six expansion projects and 39 new projects, most of which are still active projects
today.
Mr. Franklin said it was a year of new and expanding investments in Randolph County,
highlighted by six expansions in six different locations in the county. Engineered Steel Products
in Sophia, Ferree Trailer in Liberty, Trinity Furniture in Trinity, EGI Industries in Seagrove,
PEMMCO in Asheboro, and Ambella in Archdale invested in Randolph County with their growing
companies to the combined tune of $7,754,088 and nearly 79 new jobs. The Randolph County
EDC assisted by obtaining $940,000 in grants for the expansions. Asheboro's Matlab invested
more than $200,000 during their 2018 expansion. Ace -Avant moved into their new corporate
headquarters in December. And, IE Furniture's new location in Randolph County was an
investment of $2,850,000 with 30 new jobs. One additional new location is expected within the
coming weeks.
Aeolus Filter Corporation Building Reuse Grant
Kevin Franklin, EDC Interim President, said Aeolus Filter Corporation is an Archdale -based
company that processes and assembles filter media for the automotive industry and for
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commercial/industrial HVAC systems. Aeolus purchased the property at 4010 Cheyenne Drive in
the Archdale Industrial Park in 2014 to service the North American market on behalf of its parent
company, German -based IREMA-Filter GmbH. The filter media processed and sold by Aeolus is
manufactured by IREMA. The proposed expansion would create opportunity for Aeolus to pleat,
laminate, and apply additional processes to filter media, all of which is currently being done in
Germany. Recent growth in sales has necessitated the expansion.
Aeolus intends to renovate a portion of their property to accommodate the new equipment and
processes. The project will require upfits of manufacturing space as well as transformation of
existing office space into a lab. Investment in building renovations will total at least $280,000;
there will be additional related investment in machinery and equipment exceeding $1 million.
In addition to the investment, Aeolus is committed to adding eleven new full-time jobs directly
associated with the expansion, while retaining fourteen existing full-time positions. The new
positions will pay an average annual wage of $35,500.
Aeolus Filter is eligible for a Building Reuse Grant from NC Commerce in the amount of
$135,000 ($12,273 per job) to assist with the renovation expenses. The City of Archdale is the
grant applicant and authorized submission of the application at a February 26th Public Hearing.
The grant program requires a 5% local government cash match which would total $6,750 based on
this $135,000 grant request.
The application has been submitted and award announcements are scheduled for April 18th
The EDC believes that the Aeolus building renovation project is a good economic development
project for the City of Archdale, increasing the value of the building, generating investment in new
machinery and equipment, and resulting in the creation of eleven new quality jobs. Therefore, the
EDC requests that Randolph County schedule a Public Hearing for April 1 st to consider partnering
with the City of Archdale by committing to an equal share of the required grant match of $6,750
($3,375 per unit of government).
On motion of McDowell, seconded by Kidd, the Board voted unanimously to set a Public
Hearing on April 1, 2019, at a meeting starting at 6: 00 p.m., to consider supporting the City of
Archdale's submission of a Building Reuse Grant application and % of the required 5% local
match of $6,750 ($3,3 75)for Aeolus Filter Corporation.
CovenantMade, LLC. Building Reuse Grant
Kevin Franklin, EDC Interim President, said CovenantMade, LLC is an Archdale -based
manufacturer of custom cabinets. The company was founded in 2012 in a two -car garage by
business partners Steve Smith and Eric Erb. In 2013, CovenantMade leased the building at 2509
Surrett Drive, which they still occupy, then purchased the property in 2014. Incremental growth
over the past four years with significant growth in 2017-2018 has resulted in need for additional
space.
CovenantMade has entered into a lease agreement to occupy a vacant building next door to help
alleviate space concerns. The woodworking department and administrative offices will be
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relocated into the new building, freeing space in the current building to grow the finishing,
assembly, and shipping/receiving departments once renovations are complete. Estimated cost for
the renovations of real property at 2509 Surrett will total at least $143,000.
The project will also result in job creation, with CovenantMade committed to creation of thirteen
new full-time jobs and retention of twenty existing full-time positions. The new positions will pay
an average annual wage of $32,385.
CovenantMade is eligible for a Building Reuse Grant from NC Commerce in the amount of
$65,000 ($5,000 per job) to assist with the renovation expenses. The City of Archdale is the grant
applicant and authorized submission of the application at a February 26th Public Hearing. The grant
program requires a 5% local government cash match which would total $3,250 based on this
$65,000 grant request.
The application has been submitted and award announcements are scheduled for April 18th
The EDC believes that the CovenantMade building renovation project is a good economic
development project for the City of Archdale, increasing the value of the building and resulting in
the creation of thirteen quality new jobs. Therefore, the EDC requests that Randolph County
schedule a Public Hearing for April 1St to consider partnering with the City of Archdale by
committing to an equal share of the required grant match of $3,250 ($1,625 per unity of
government).
On motion of McDowell, seconded by Kidd, the Board voted unanimously to set a Public
Hearing on April 1, 2019, at a meeting to start at 6: 00 p.m., to consider supporting the City of
Archdale's submission of a Building Reuse Grant application and % of the required 5% local
match of $3,250 ($1, 625) for CovenantMade, LLC.
NC Carolina Core
Chairman Frye introduced Mr. Brandon Jones, NCDOT District Engineer; Mike Soloman,
Timmons Group; and Jed McMillan, Piedmont Triad Partnership. Mr. McMillan spoke in regards
to the NC Carolina Core, a regional economic development partnership. He said lessons were
learned from the Toyota/Mazda project. Because no one knew what the Piedmont was, the region
needed marketing, a name, and global recognition. The example he gave of a successful project
was Research Triangle Park. He said the region focus should be what that region has to offer.
Hwy 421 connects four Megasites within 60 miles of each other. There was NCDOT support
in making Hwy 421 an Interstate Corridor. The military was in favor of this because Fort Bragg
is a disaster staging area and it would give them an alternate route in and out. Hwy 421 would tie
the region together to become the Carolina Core.
Mr. McMillan stated that marketing is taking place, a logo has been designed, advertising in
global site selection publications is occurring, and signs have been designed to put along Hwy 421
designating it as the NC Carolina Core.
He asked the Board for their support by approving both resolutions presented.
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On motion of Haywood, seconded by McDowell, the Board voted unanimously to approve the
Resolution to Support Future Interstate Upgrade for Hwy 421 and the Resolution to Support the
NC Carolina Core, as follows:
RESOLUTION TO SUPPORT FUTURE INTERSTATE UPGRADE FOR
HIGHWAY 421
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
WHEREAS, Highway 421 connects Interstate 95 with Interstates 40 and 85; and
WHEREAS, these Interstates and their continued operations are critical to the state
and nation's economic well-being; and
WHEREAS, Fort Bragg is a critical part of the national defense and access at all
times is critical to this mission; and
WHEREAS; two hurricane events in the last three years have caused portions of
Interstate 95to be closed, limiting access to Fayetteville and Fort Bragg; and
WHEREAS, for several days during the storms, the only viable routes to and from
the area west of Fort Bragg were surface streets; and
WHEREAS, the Research Triangle Park and the Capital area growth continues,
adding thousands of vehicles to the current infrastructure; and
WHEREAS, connecting Interstate 95 to Interstates 40 and 85 with an interstate
facility would provide an alternate route for military and freight traffic; and
WHEREAS, connecting Interstate 95 to Interstates 40 and 85 with an interstate
facility would provide additional evacuation routes and relief and recovery routes for
the region; and
WHEREAS, the population of the Triad region consisting of Greensboro, Winston
Salem, High Point and Burlington is over 1,668,000 and the population of the
Fayetteville metropolitan area is in excess of 375,000; and
WHEREAS, connecting Interstate 95 to Interstates 40 and 95 with an interstate
facility would provide direct connections between two largely populated regions; and
WHEREAS, the upgrade to interstate status for Highway 421 would increase
safety, mobility, access for the military, and economic development; and
WHEREAS, the North Carolina Department of Transportation Board has passed
a resolution in support of the future interstate designation; and
WHEREAS, the North Carolina Department of Transportation has recommended
the future interstate designation be pursued through the North Carolina Congressional
Delegation; and
WHEREAS, the upgrade to interstate status would provide a high design
evacuation route in the event of natural disasters as recently experienced during
Hurricane Florence; and
WHEREAS, a high design interstate would expedite logistics and staging to Fort
Bragg in the event of a natural disaster and provide sustainability during emergency
events; and
WHEREAS, provide an alternate connection to Interstates 40 and 85 to support
freight and commuter trafficflow; and
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NOW, THEREFORE, BE IT RESOLVED, that the Board of County
Commissioners of Randolph County hereby, through adoption of this resolution,
supports the efforts to designate US Highway 421 a future interstate corridor.
RESOLUTION TO SUPPORT THE NC CAROLINA CORE
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
WHEREAS, Highway 421 is the next engine for economic growth in the center of
North Carolina; and
WHEREAS, the Carolina Core is an emerging megasite corridor between Winston-
Salem, Greensboro, High Point and Fayetteville at the heart of North Carolina; and
WHEREAS, the development of four megasites, plus industrial sites, urban
research parks and mixed use developments, present large-scale economic
transformation opportunity in the Carolina Core; and
WHEREAS, combining these megasites with a labor force of more than one million
workers fueled by the innovation mindset of more than 30 colleges and universities
positions the Carolina Core globally as a compelling site for industry; and
WHEREAS, the public and private sector have invested hundreds of millions of
dollars in infrastructure, sites and higher education, which will support economic
growth in the Carolina Core; and
WHEREAS, the Carolina Core provides the opportunity for incremental and
transformational growth in North Carolina; and
WHEREAS, the Carolina Core will brand and market the Highway 421 corridor
as a vision for Central North Carolina to include signage along the corridor; and
NOW, THEREFORE BE IT RESOLVED THAT the Randolph County Board of
Commissioners, through adoption of this resolution, supports the efforts of the NC
Carolina Core.
Veteran Services Update
Chad Gurley, Veteran Services Director, gave an update on Veteran Services. His office is
comprised of his Assistant Veteran Service Officer, Emma Yow, and him. With the dramatic
increase in veterans needing assistance, Mr. Gurley created a Volunteer Program. The volunteer
goal statement is to assist veterans and their dependents in Randolph County to obtain benefits
from the Department of Veteran Affairs, meet critical staffing needs through volunteers within the
County, and serve veterans with compassion and empathy.
Mr. Gurley said since his arrival in February 2018, requests for services in Randolph County
have increased by 70%. They are seeing twenty or more veterans a day on average and responding
to fifty or more phone calls for telephonic claims assistance in the Veteran Services office.
Randolph County veteran population remains at 15,054. The Veteran Services Volunteer Program
was created October 2018 in order to meet critical personnel needs in Randolph County. New
veteran related legislation is causing an increased burden on the already limited staff in the
department.
The duties of volunteer personnel include greeting consumers and determining their needs,
answering the telephone, scheduling appointments, providing information and referral assistance,
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entering data, and other duties as assigned. Volunteers work 8-20 hours per week, not to exceed
20 hours in a 40 hour work week. Volunteer personnel are supervised directly by Mr. Gurley.
Volunteer personnel are given a copy of position description, an application, and a tour of the
Veteran Services office. After the tour, potential personnel applications are sent to Risk
Management for assessment and background check. Once approved, volunteers can begin service.
He stated that Nicole Vigneault, the first volunteer, was unable to attend the meeting due to a
family emergency. She served in the US Army with a Military Occupational Specialty of Air
Missile Defense. She also serves as a Volunteer Firefighter in her local community. She has a
passion for serving veterans in Randolph County. Nicole began her volunteer service on January
7t'.
Recruitment has proven to be effective via Facebook Nicole was able to apply directly through
the departmental Facebook page. Mr. Gurley said he would like to add additional volunteers after
the budget has been approved. Currently, the Veteran Services office can only accommodate one
volunteer due to limited office space. This will change when the Elections department moves to a
new space later this year.
Mr. Gurley concluded his presentation and thanked the Commissioners for their time and
support of Veteran Services.
Commissioner Allen asked if there were any liability issues for the County with using
volunteers. Mr. Gurley stated that there would not be since the volunteers are working under his
license as a Federal contract employee.
Waste Management Franchise Agreement and Operation Agreement Request
County Manager Hal Johnson said the Board of Commissioners held a Public Hearing on
February 11, 2019, to consider comments of Randolph County citizens related to the proposed
revisions to the franchise that was issued to Waste Management of the Carolinas, Inc. (WM), on
April 7, 2014, for disposal of solid waste in the Great Oak Landfill.
The proposed revisions are generally summarized as clarifying the property covered by the
franchise, increasing the allowed average daily intake from 2,000 tons per day (TPD) to 4,000 tons
per day, changing the franchise term to "life of site" to comply with current law, and clarifying
and affirming limits on posted gate rates.
The original bid proposal from WM consisted of a $3.5 million up -front payment, a $750,000
capital contribution, a fixed land host fee payment of $1,000,000 (adjusted for inflation), and free
citizen drop off at convenience sites. WM operates the convenience sites.
REQUEST:
With the potential for additional waste volumes, WM has requested a tonnage increase of
572,000 tons per year. This would bring the total allowable TPD to 4,000 tons. Although WM
does not anticipate reaching the 4,000 TPD, this provides flexibility to allow them to seek other
potential volumes within the geographic footprint of the existing franchise agreement.
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HOST FEE:
WM proposed to pay Randolph County $1.85 per ton for all tons over the existing annual cap
of $572,000 which is equivalent to the amount that WM is paying the County per ton under the
existing contract. Assuming that WM can increase the volume by 1,000 TPD, this would generate
an additional $529,100 per year for Randolph County in addition to the $1M + the County currently
receives.
Randolph County's initial thirty year contract with WM was only for the eastern acreage
consisting of 115/190 developable acres. The 2,000 TPD maximum tonnage gave the County a
solid waste solution for over twenty years. Depending on how quickly volume increases, the
eastern side of the landfill would probably be full in approximately fifteen years.
The proposed WM contract amendment proposal does not change the total capacity that they
have access to under the original agreement, however, it maximizes full capacity of the eastern
side of the site over fewer years. The County would receive the same revenue over a shorter
period of time.
PUBLIC HEARING IDENTIFIED ISSUES SUMMARY
Fifteen citizens spoke at the February 11th public hearing. Concerns expressed by the majority
of citizens included noise, hours of operations, and smell generated by the existing operations. A
central concern also involved truck traffic to the landfill not following the required routes.
Excessive speeding, unsafe vehicle movements, and road pavement wear were issues highlighted
by those who spoke.
ACTION TAKEN TO ADDRESS CITIZEN CONCERNS:
1: WM has forwarded a letter to all companies that deliver to the Great Oak Landfill notifying
them that drivers failing to adhere to the proper route will be banned from the landfill. They have
also engaged a third party firm to capture pictures and other information necessary to ban non-
compliant drivers from using the landfill. WM will enhance efforts to actively work with
neighbors and the impacted community to obtain information which can be used to assist with this
issue.
2: The Randolph County Sheriff's Office and the N.C. Highway Patrol have collaborated in
providing enhanced traffic control along all roads providing access to the landfill. These efforts,
which have included speeding citations and weighing of vehicles, have been very effective.
3: Commissioner Maxton McDowell recently attended an Inter -Agency Team meeting of the
North Carolina Department of Transportation (NCDOT) and addressed the need for landfill road
signs. Road signs are necessary to show the designated route for commercial use once trucks are
in the area as well as signs reading "No Commercial Traffic." Once these designated signs are in
place, any misuse of the road could be enforced by the Sheriff's Office and/or Highway Patrol.
NCDOT will produce the signs and WM will be asked to pay for the signs and related costs.
Commissioner McDowell stated that the NCDOT would install the signs.
DRAFT ORDINANCE MODIFYING FRANCHISE
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Having held the required Public Hearing, the Franchise modification process requires that this
matter be voted upon at regular meetings of the Board of County Commissioners on March 11,
2019, and again April 1, 2019, for a final vote.
Mr. Johnson said he had submitted a modified version of the Franchise amendment to the
Commissioners prior to the meeting. The modifications consisted of the addition of potential fines
and penalties. Mr. Johnson said that WM has taken very proactive measures in responding to some
of the concerns expressed by citizens at the Public Hearing. As a result, it was his recommendation
that the proposed penalties in the modified Franchise Agreement not be considered. He said these
penalties and Franchise modifications had been specifically designed to address enforcement of
transportation routes to the landfill and related truck safety issues. WM and law enforcement
agencies have addressed these issues. If the Board wanted penalties to remain, Mr. Johnson
recommended that those be considered during review of the Operations Agreement at the April 1,
2019 meeting.
Commissioner McDowell said that a power higher than him had put things into play after the
meeting that was mentioned above. He said the main concern was the roads and stated that the
Commissioners could not force NCDOT to repave only encourage them to do so. Mr. Johnson
stated that at the original hearing, the same question was addressed and NCDOT reiterated that
they are responsible for those roads.
Chairman Frye said it was beneficial that Mr. Brandon Jones, NCDOT Hwy Division Engineer,
had been present during Public Comment period to hear the concerns of the citizens regarding the
roads.
Commissioner McDowell asked what more the Board could do in this situation. Chairman Frye
responded that it was not a right-of-way issue to add the four inches to the width of the road.
Commissioner McDowell commended NCDOT and the Highway Patrol Officers that were at
the meeting for working together to start the process of upgrading the roads, posting appropriate
signage, and enforcing speed and proper routes to the Great Oak Landfill.
Bob Peeler, Senior Manager, Community Relations and Government Affairs, WM, said how
important communication is in the partnership with Randolph County and that WM had presented
an action plan to the County. He spoke of the letter to trucking companies that was mentioned
previously and reviewed steps being taken to address citizen concerns. A third party started
monitoring the roads for violation of routes to the landfill. NCDOT was recently at the entrance
of the landfill at 7:00 a.m. to start repairs on the roads. The wheel wash was redone on February
18th to aid in reducing mud on the roads.
Chairman Frye asked about CEI. Mr. Peeler said they are a contract hauler and stated that word
had spread pretty fast about violators being fined or banned.
Commissioner McDowell asked what the letter actually said. Mr. Peeler stated that any hauler
that was caught not using the proper route to the landfill would be banned. The third party was
doing the monitoring for WM three days per week.
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Commissioner McDowell restated that the meeting he attended was a scheduled meeting which
occurred approximately twelve hours after the Public Hearing. He felt it was an opportune time
to mention the citizens' concerns from that hearing because "the right people, at the right time, at
the right place" were there.
Chairman Frye said that Commissioner McDowell's role on the RPO (Rural Planning
Organization) allows him to get notice of other meetings that ultimately help citizens of Randolph
County. He stated that the Commissioners work very hard and do not have just the Commissioners
meeting once a month. All of them are at other board and committee meetings working for the
citizens.
Commissioner McDowell stated his commitment to keeping watch on those roads for the safety
of the citizens.
Commissioner Allen said he was sorry not to be at the hearing but had questions. He stated that
this was like a game. "This is the first half, but there is still a second half." The Board has the
Operating Agreement to consider. He said he drove the roads around the landfill and agreed with
the citizens that the roads were very narrow and curvy. The part of Henley Country Road that had
been repaved was already showing signs of cracking and breaking up. He mentioned the $2 per
ton that the state was getting as part of the Franchise Agreement and wanted to be sure it was being
appropriated towards maintaining the roads for Landfill traffic. He asked if the Board could ask
for funds from NCDOT by Resolution. He was also interested in seeing the Operating Agreement
and felt the "first half' moved the request forward to the next meeting.
Commissioner Kidd said he agreed with Commissioner Allen with the analogy of first half and
second half. He stated he drives the roads around the landfill and agrees the roads are narrow and
trucks going by can be scary. He agreed that Randolph County and WM had a great partnership
but one partner is missing, the NCDOT. The Board needs to stay in touch with legislators to push
for the partnership to add NCDOT.
Commissioner Haywood questioned the tonnage and life of the site and said she had conflicting
answers. She wanted the citizens to know that the original tonnage was about 25 years of life but
with the tonnage increase could potentially shorten that to fifteen years, although the tonnage
would not double overnight.
On motion of McDowell, seconded by Frye, the Board voted unanimously to approve the Waste
Management Franchise Agreement requesting to increase daily tonnage from 2000 to 4000 tons
per day, as follows:
DRAFT
AN ORDINANCE MODIFYING A FRANCHISE TO WASTE MANAGEMENT OF
CAROLINAS, INC. TO PERMIT, CONSTRUCT AND OPERATE A SANITARY
LANDFILL IN RANDOLPH COUNTY
SECTION]. Grant ofFranchise
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(a) Randolph County is responsible for providing long-term, cost-effective means of
waste disposal for the citizens of Randolph County. The County has decided to open
a regional Subtitle D solid waste landfill facility to serve its citizenry and
surrounding counties and municipalities.
(b) Pursuant to authority established in N. C. Gen. Stat. §§ 153A-136 and 130A-294,
and pursuant to the procedures and requirements established in N. C. Gen. Stat. §§
153A-46, 130A-294(bl)(2), and the Randolph County "Ordinance Establishing
Procedures for the Application and Issuance of Franchises for Solid Waste
Facilities, " Randolph County ("County') granted a franchise for the construction
and operation of a solid waste landfill to Waste Management of Carolinas, Inc.,
("Waste Management') subject to the conditions herein, on April 7, 2014.
(c) Upon application by Waste Management and after a duly noticed public hearing
and second reading, the County hereby removes the Section entitled "Renewal" and
modifies new Section 6(a) to clam that this franchise applies only to the eastern
portion of the total site; new Sections 6(b) and 8(a) to modem daily tonnage
allowances; and Section 4 and new Section 9 to change the term of the franchise to
life -of -site. All other terms and provisions of the original ordinance adopting this
franchise not modified herein are reaffirmed.
(d) This modification of franchise is contingent upon the execution of appropriate
revisions to the operating agreement between the County and Waste Management.
SECTION 2. Extent and Limits on Franchise
(a) The County grants Waste Management an exclusive franchise for the following
activities:
(i) the permitting, construction and operation of a solid waste landfill within
Randolph County;
(ii) the operation and maintenance of the county's convenience centers and
recycling centers, subject to existing contracts;
(iii) the hauling of solid waste from within and outside Randolph County
for disposal at the County's landfill facility;
(iv) the recycling and resource recovery of materials in the waste stream.
(b) The exclusive rights and privileges established in this franchise do not extend to
the following: existing landfills; construction and demolition debris landfills; land
clearing and inert debris landfills; or to decisions reserved by statute to Randolph
County municipal corporations to control the hauling and disposal of waste within
their municipal boundaries.
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(c) The County does not grant Waste Management a franchise for the conversion of
landfill gas energy or any other waste -to -energy activities within the landfill facility.
Any activity involving (i) the collection, transport, disposal or processing of solid waste
or (ii) the conversion of solid waste into energy or for any secondary use that is not
specifically covered by this franchise shall be deemed excluded from this franchise.
SECTION 3. Acceptance of Franchise
The execution by Waste Management of the Operating Agreement between the
County and Waste Management shall constitute an acknowledgement by Waste
Management that it accepts the terms and provisions contained herein.
SECTION 4. Term
Pursuant to N.C. Gen. Stat. §130A-294(bl), this franchise shall commence on and
extend to the life of the site as defined in Section 6(a) below from June 2, 2014, the
date that Waste Management and the County first executed an operating agreement
for the permitting, construction and operation of a solid waste landfill.
SECTION 5. Territory and Population to be Served
Waste Management may collect and receive permitted waste that is transported from
within the State of North Carolina for recycling or disposal within Randolph County.
The population to be served shall not exceed the population of the State of North
Carolina as it increases or decreases from time to time.
SECTION 6. General Description of the Proposed Sanitary Land
(a) The proposed Randolph County landfill facility is located in central Randolph
County adjacent to the existing closed Randolph County MSW Landfill, North
Carolina Solid Waste Permit (NCSWP) 976-01. The center of the proposed Randolph
County MSW landfill is located at Latitude: 35.752822°N and Longitude:
79.755992°W. The proposed disposal site is bordered to the north by the Deep River,
to the west by the closed Randolph County landfill, to the south by Henley Country
Road, and to the east by Old Cedar Falls Road. The proposed landfill is composed
of several undeveloped parcels comprising approximately 667 acres, approximately
200 acres of which are proposed as the waste disposal unit. The footprint of the first
phase of the proposed landfill is approximately 34 acres and is located on the
southeastern side of the subject property. The first phase of the proposed landfill
will be designed to contain approximately ten years of waste disposal and will occupy
approximately 34 acres of the total 190 -acre waste footprint. The facility entrance
will be located off of Old Cedar Falls Road at the eastern corner of the landfill. This
franchise extends to and covers only the 115 acre eastern portion of the landfill and
does not extend to the western side of the power lines crossing the facility.
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(b) The landfill facility shall be served by an entrance road leading to scales for
all incoming waste. Waste will be deposited into lined cells, compacted, and covered
daily as required by law. Waste Management may receive, on average, up to 4, 000
tons per day. Recycling and/or resource recovery is expected to occur within the
landfill facility. The beneficial use of landfill gas is also an expected future activity.
The proposed landfill facility will be permitted, constructed, and operated in
accordance with state and federal rules and regulations governing Subtitle D
facilities. The landfill shall have protective geo-membrane liner systems, leachate
collection, and environmental monitoring systems as required by state and federal
rules and regulations and the County issued Special Use Permit.
(c) The County also owns four convenience centers and expects to have two more
constructed. The convenience centers shall be managed as local collection centers for
county citizens. This franchise extends to and includes these convenience centers
which are located in areas outside the landfill facility.
SECTION 7. Types of Waste Allowed
(a) The types of waste allowed in the waste stream shall be wastes defined by the
State of North Carolina as "municipal solid waste " and any other wastes allowed by
law and permit to be disposed of in a fully permitted municipal solid waste landfill.
Municipal solid waste shall include any solid waste resulting from the operation of
residential, commercial, industrial, governmental, or institutional establishments that
would normally be collected, processed, and disposed of through a public or private
solid waste management service.
(b) If the facility permit provides for limitations on the types of solid waste allowed,
Waste Management shall strictly abide by the permit requirements.
(c) Limitations on waste types contained in the Special Use Permit shall apply.
SECTION 8. Description of the Volume and Characteristics of the Waste Stream
(a) The volume of waste disposed shall not exceed an average daily intake and
disposal rate of 4, 000 tons per day or a maximum daily intake and disposal rate of
5,500 tons per day to account for times when intake rates may peak, including
periods when emergency debris management is required after floods, hurricanes,
tornados or other such events.
(b) The characteristics of the waste stream entering the landfill facility may include
all solid waste allowed by law, subject to limitations imposed by the facility's
Special Use Permit and the facility permit. Unless limited by permit, Waste
Management may accept all typical waste streams for a fully permitted Subtitle D
landfill. Subject to limitations imposed by the facility permit and operating
agreement, Waste Management may construct a solidification pit that enables
Waste Management to accept liquid waste streams for treatment and disposal.
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Recovered and recyclable materials and any recycled products shall be diverted
from the solid waste disposal facility to the extent reasonably feasible and required
by the County, state laws or the operating permit.
SECTION 9. Projection o the Use ul Life of the Landt
Based upon engineering calculations and other data, the useful life of the site as
defined in Section 6(a) above is projected to be approximately 12 to 15 years based
upon an average daily intake of 4, 000 tons per day, with this franchise covering the
life -of -site of the eastern 115 acres described in Section 6(a). Waste Management
accepts this estimate and acknowledges that this calculation is based upon
information currently available and assumes any risks that the useful life could be
less than projected.
SECTION 10. Procedures for Governmental Oversight
(a) The Randolph County Planning Department, acting in the normal course of
business, shall oversee compliance with the Special Use Permit issued by the
Randolph County Planning Board pursuant to authority bestowed by both general
statute and the Randolph County Zoning Ordinance.
(b) NCDEQ, pursuant to its own policies and schedules, shall oversee compliance
with the Permit to Construct and the Permit to Operate.
(c) The North Carolina Department of Transportation shall oversee compliance with
the terms of the landfill facility driveway permit and, in cooperation with the
Randolph County Planning Department, shall oversee road improvements as
required by the Special Use Permit.
(d) Randolph County shall regularly oversee compliance with the Operating
Agreement and this franchise.
SECTION 11. Regulation of Fees and Rates
Waste Management shall be responsible for setting landfill fees and rates. Fees and
rates charged for disposal of waste in the landfill facility may change from time to
time and shall be fees and rates determined by Waste Management to be commercially
reasonable and competitive within the industry as reflected by rates at privately
owned or operated facilities in North Carolina. Posted gate rates shall not exceed
an approximate average of posted gate rates at similar, privately owned or operated
facilities in Piedmont North Carolina.
SECTION 12. Payments to Randolph County
Waste Management shall pay Randolph County such payments, host fees, closure
and post -closure costs and other fees as set forth in the operating agreement.
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SECTION 13. Compliance with Laws
Waste Management shall comply with all federal, state and local laws and permits
regarding the hauling and transport of solid waste and the construction and
operation of the landfill and convenience and recycling centers. Waste
Management's willful or intentional violation of federal, state or local laws may
grounds for revocation of this franchise.
SECTION 14. Franchise Non -Transferable
(a) This franchise is issued exclusively to Waste Management upon the County's
determination that Waste Management has the requisite experience and financial
strength to permit, construct and operate a regional municipal solid waste landfill.
This franchise cannot be sold, transferred, leased, assigned, acquired or disposed of,
including, but not limited to, by force or voluntary sale, merger, consolidation,
acquisition, bankruptcy, receivership or other means to any other person or entity
except upon consideration and approval of the Board of Commissioners following
procedures established by law.
(b) Waste Management shall promptly notes the county of (1) any actual or proposed
change in or transfer of its ownership or (2) acquisition by any other party of
control of the company. The word "control" as used herein is not limited to
majority ownership but also includes operational control in whatever manner
exercised. A rebuttable presumption that a transfer of control has occurred shall
arise upon the disposal by Waste Management, directly or indirectly, by gift,
assignment, voluntary sale, merger, consolidation devise or otherwise, of at least 50
percent ownership or controlling interest at one time or cumulatively over the term
of the franchise to a person or group of persons, corporation, partnership, limited
partnership, trust, limited liability, or company association. Any two or more persons
or entities which cumulatively own more than fifty (50) per cent of the company and
act in concert shall be considered one entity owning a majority interest.
(c) The transfer, sale, lease, assignment or disposition of control of Waste
Management, including, but not limited to, by force or voluntary sale, merger,
consolidation, receivership or other means, shall make the franchise subject to
cancellation unless and until the county shall have consented thereto. For the
purpose of determining whether it shall consent to such transfer, sale, lease,
assignment or disposition of control of Waste Management, the county may inquire
into the legal, financial, character, technical and other public interest qualifications
of the prospective controlling party, and the proposed grantee shall assist the county
in any such inquiry. Failure to provide all information reasonably requested by the
county as part of its inquiry may be grounds for denial of the proposed franchise
transfer. After considering the legal, financial, character, technical, and other public
interest qualifications of the applicant, the county may transfer and assign the rights
and obligations of such franchise as may be in the public interest. The consent of the
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county to such transfer shall not be unreasonably withheld, conditioned or delayed.
(d) Any approval by the county or transfer shall be contingent upon the prospective
controlling party becoming a signatory to the franchise and any operating agreement
or other agreement as required by the county.
(e) The requirements of the State of North Carolina pertaining to the transfer
of ownership or control of an entity possessing a solid waste permit are separate
requirements.
SECTION 15. No Recourse
Waste Management shall have no recourse whatsoever against the county or its
officials, boards, commissions, agents, subcontractors, vendors, or employees for any
loss, cost, expense or damage arising out of any provision or requirements of the
franchise or because of the enforcement of the franchise. This section does not apply
to equitable relief.
SECTION 16. For and Revocation
(a) This franchise may be revoked in its entirety or with respect to certain rights and
privileges upon (1) Waste Management's default in the performance of any of the
material obligations under this franchise or the operating agreement after notice
and opportunity to cure as provided in the operating agreement; (2) Waste
Management's willful violation of any orders or rulings of any regulatory body
having jurisdiction over Waste Management's operation of the landfill after notice
thereof, continuing and not being remedied or reasonably addressed within 60
days of notice; (3) Waste Management's commission of fraud or any unfair or
deceptive act or practice in its application for this franchise or as to the County
under this franchise or the operating agreement; (4) Waste Management's
insolvency, inability, or unwillingness to pay any debts; or Waste Management is
adjudicated bankrupt; (S) Waste Management's misrepresentation of a material fact
in the application for, or negotiation of the franchise or any extension or renewal
thereof.
(b) The procedures to be followed in the event of any of the reasons or bases for
default established in Section 16(a) above shall be the procedures set forth in
Section 8(b) of the Randolph County Ordinance Establishing Procedures for the
Application and Issuance of Franchises for Solid Waste Facilities. The decision
which results after completion of appeal procedures as set forth in Section 8(b)
shall constitute an exhaustion of administrative remedies.
Capital Improvement Plan Update
Will Massie, Finance Officer, said as the year has gone on, several changes in the County's
Capital Improvement Plan have been necessary and others have been discussed. At the February
Board retreat, the Board received updates on several projects. When the Board is ready to make
decisions on project financing and timing, the Capital Improvement Plan can be updated.
3/11/19
Asheboro City School Facilities Projects — The original plan was to finance the various small
elementary and middle school upgrades with debt proceeds. As discussed at the retreat, the
Board may want to use $2.5 million of General Fund reserves set aside for capital improvements
and convert these projects to pay-as-you-go financing. This will allow the projects to begin as
soon as the schools let out for summer. A proposed budget amendment was provided for
consideration. The project funds can either be remitted to the School Board or held to pay
invoices.
Trinity Middle School Project — This $30 million project is on schedule to be bid this
upcoming spring, with the financing with limited obligation bonds in July. The County has
advanced $1,000,000 for the design work. These funds can be reimbursed after the debt is
issued. A full project budget will be presented soon.
Randolph County Detention Center — Sheriff Seabolt's staff had requested a number of
changes to the scope of the project, which were supported by the Facilities Committee and
reviewed at the retreat. A project amendment is provided to update the total project cost to
$30,500,000. There is also reimbursement of $1,000,000 advanced by the General Fund after
the debt is issued. This project will be financed with limited obligation bonds in October.
Asheboro High School Renovation Project — Now that the Asheboro High School Addition
is underway, Smith Sinnett, the architects, will be ready to begin the detailed design of the $15
million renovation of old high school areas. The financing is anticipated for the fall of 2020.
A full project budget will be presented soon. An advance of County funds will be necessary in
order to initiate the design. These funds can be reimbursed after the debt is issued.
Courthouse Renovation Project — Once the Northgate project is complete and Probation and
Parole has moved out of the Courthouse, the County will be ready to begin implementing the
recommendations of the space utilization study. This will be renovation for judge, district
attorney, clerk of court, and other areas. An architect will need to be retained to perform actual
design and assist with the staging of upgrades. A full project budget will be presented later this
year. Ideally, this would be a pay-as-you-go funded project. Area projects could be funded one
at a time rather than fund the entire renovation.
Commissioner Kidd asked about the $2 million that is amending the Detention Center Project
budget. Mr. Massie explained that it was for changes made to improve the functionality and
safety in the Detention Center.
Commissioner McDowell asked why the Detention Center Project estimate had increased so
dramatically. Chairman Frye commented that it had started at under $20 million. Commissioner
Allen added that it started at approximately $17 million then jumped to $18 million with
inflation.
Chairman Frye stated that some of the increase was from tariffs. With the change at the
Sheriff's Office, new leadership had different ideas about the jail. He reminded everyone that
the project has not been put out to bid and could possibly come down.
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Commissioner McDowell reiterated that it was originally $17-20 million but now it is $30
million. What has happened?
Chairman Frye responded that square footage had actually been taken out of the original
design. The general concept has not changed. The upgrade is to house Special Populations.
He said some things had decreased, but he agreed that the overall project cost has increased
considerably.
Mr. Massie reminded everyone that there were no responses in the first bid phase.
Chairman Frye questioned the Courthouse renovation and if it was renovation, not
constructing an addition. Mr. Massie responded that was correct.
Chairman Frye said that he hoped the Legislature would vote to give counties additional
funding for capital projects. He asked if that is passed, would the Board be able to use it for the
Trinity Middle School Project. Mr. Massie said it could not because that project would already
be in progress. He said it was his understanding, if the School Bond did pass, the money could
be used for renovations.
On motion of Allen, seconded by Haywood, the Board voted unanimously to 1) approve the
transfer of funds from the General Fund and Budget Amendment 91 and for the Asheboro School
Renovations Capital Project fund in the amount of $2, 000, 000 and 2) approve Budget #4 for the
Randolph Countv Detention Center Capital proiect Fund in the amount of$3.250.000: as follows:
2018-2019 Budget Ordinance
General Fund—Budget Amendment #42
Revenues Increase Decrease
Appropriated Fund Balance $2,000,000
Appropriations Increase Decrease
Transfer to Asheboro School Renovations Capital $2,000,000
Project
Asheboro School Renovations Capital Project Fund
Budget Amendment #1
Revenues
Increase
Decrease
Trans er rom General Fund
$2,000,000
Appropriations
Increase
Decrease
Construction
$2,000,000
Randolph County Detention Center Capital Project Fund
Budget Amendment #4
Revenues Increase Decrease
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Proceeds,from Debt
$3,000,000
Housing Unit EA
Sales Tax Reimbursement
$150,000
$2,500
Investment Earnings
$100,000
Special Management Unit Addition
Appropriations
Increase
Decrease
Construction
$2,250,000
Provide a new Master Control Room
Transfer to General Fund
$1,000,000
$3,850
Detention Center Matters
Paxton Arthurs, County Engineer, said that last year, the design of the expansion and renovation
of the Randolph County Detention Center was completed by Moseley Architects. The County
began working with Bordeaux Construction to plan for the construction of this project. When
Sheriff Seabolt took office in December, the bid documents for the Detention Center were
complete and he did not have an opportunity to contribute to this design process. Once he and his
staff had the opportunity to review the design, there were several details which they felt could be
modified to increase safety at the facility. Additionally, in order to offset the costs of the changes,
they identified several areas that could be deleted from the scope of the project. Because these
changes involve additional pre -construction services and will require updates to the construction
drawings, both Moseley Architects and Bordeaux Construction have requested addendums to their
current contracts with the County.
The following are the requested design change costs of Moseley Architects:
Add a Maintenance / Storage Area
$58,240
Housing Unit EA
$0.00
G Pod renovations
$2,500
Trustee Unit Modifications
$4,000
Special Management Unit Addition
$132,000
D&F Pod Control Room
$5,000
Employee Parking Lot Fencing
$0.00
Provide a new Master Control Room
$16,000
Vehicle Sallyport and Parking Revisions
$3,850
Total: $221,590
The following are the estimated construction costs by Moseley Architects:
Special Populations Unit addition
$ 1,650,000
Master Control relocation
$ 160,000
Delete "G" pod control room
$ -100,000
Delete "D" & "F" pod control room
$ -100,000
Delete fence for staff parking
$ -55,000
Delete medical unit addition
$ -600,000
Maintenance building addition
$ 832,000
Delete vehicle sallyport
$ -200,000
In order to keep this priority project moving forward without delay, Mr. Arthurs requested that
the Board 1) accept an addendum from Moseley Architects in the amount of $221,590.00 for
additional design services, 2) accept an addendum from Bordeaux Construction in the amount of
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$38,000 for additional pre -construction services, and 3) authorize the County Manager to sign both
addendums.
Chairman Frye asked if the Board should expect any more changes. Mr. Arthurs stated that he
did not think so. Bids would go out in June or July and the guaranteed maximum price should be
ready by the end of the summer.
Commissioner Allen questioned when the original guaranteed maximum price should have been
presented. Mr. Arthurs responded it should have been this meeting. He added that the Connect
NC money was driving costs upward.
Commissioner Allen asked about indirect versus direct supervision. The original plan had
indirect supervision to get Jailers out of the population of inmates but now direct supervision has
been added back to the plan. He said he was disappointed in Moseley. Mr. Arthurs responded
that it was due to the change in leadership and also had to do with the classification of inmates.
Special Population inmates needed constant supervision in case of a medical emergency. Other
groups of inmates were less of a risk to the Jailers. Chairman Frye said he felt it was a different
approach with the new administration.
Commissioner Allen asked about the capacity. Mr. Arthurs said it was around 400 inmates,
possibly more with the Special Populations unit.
Commissioner Frye shared some information from the NACo conference he had recently
attended. One meeting topic was the opioid and mental health problem that is causing jail and
hospital overcrowding. He gave an example of a person on the street talking to an imaginary
person. He is not hurting anyone, yet he is taken to jail.
Commissioner Allen stated that the new Daymark Center in collaboration with Sandhills Mental
Health should be open soon to help with mentally ill and addicted patients.
Commissioner Kidd said he was struggling with the budget numbers. Mr. Massie explained the
budget amendment is covering the current estimates. Commissioner Kidd said the Sheriff's Office
has numerous requests for one department when the Board needs to fill requests from the rest of
the County departments as well.
Mr. Arthurs said the Special Population unit is the majority of the cost. G -Pod, which was
originally going to be used for Special Populations, is individual cells. Those cannot be used for
Special Populations due to the constant monitoring that must be done.
Commissioner Allen said he is bothered by the $832,000 for the maintenance building. Mr.
Arthurs said he feels the cost is out of line and thinks it will come down once it is bid.
Commissioner Allen does not want to pay an architect for design fees based on this high estimate.
Chairman Frye said once the bids are tabulated, then the Board can negotiate. He sees no basis
for the $832,000 either but it covers the expense.
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Commissioners McDowell and Allen reiterated that they do not think the estimate for the
maintenance building is justified.
Mr. Arthurs stated that the price should be lower when the guaranteed maximum price is
presented.
Commissioner Allen said a maintenance building could be built for the design cost of $58,000
that is being presented.
Mr. Arthurs stated he could talk to the architects about the fees.
Commissioner McDowell wanted confirmation on what the Board was being asked to decide.
Chairman Frye replied the fees for Moseley Architects and Bordeaux Construction.
Mr. Arthurs assured the Board that both companies are continuing to work so there is no
additional delay.
Chairman Frye questioned if all the work billed on the invoice had been done. Mr. Arthurs said
part of the work was done.
Chairman Frye commented if this addendum is not approved, work will stop.
Mr. Massie said the project was on tight deadlines but final approval could be changed from
October to November if the Board would like.
Commissioner Allen stated that he did not want to delay the project more. Mr. Arthurs
commented that inmates were being moved for the construction. Chairman Frye said inmates are
already being moved to other counties because of overcrowding.
Mr. Arthurs clarified that the maintenance area was not a request of the Sheriff. It had been
identified as an OSHA violation due to the proximity of the current maintenance office to the boiler
room.
Commissioner Allen asked what kind of equipment is stored in maintenance. Mr. Arthurs
replied tractors, Gators and other heavy equipment.
Commissioner Allen suggested removing the maintenance area from the design. Chairman Frye
said the budget amendment does not mean the money will be spent on this. Mr. Arthurs said there
would still need to be drawings for design, even as an option, which would create more design
costs.
Chairman Frye proposed not to approve the $58,240 until the architects can explain how they
came up with that number.
On motion of Allen, seconded by Kidd, the Board voted unanimously to accept an addendum
from Moseley Architects in the amount of $163,350 for additional design services and authorize
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the County Manager to sign it. The additional $58,240 will be paid after an explanation of charges
from Moseley Architects.
On motion of Allen, seconded by Kidd, the Board voted unanimously to accept an addendum
from Bordeaux Construction in the amount of $38, 000 for additional design services and authorize
the County Manager to sign it.
On motion of Allen, seconded by Haywood, the Board voted unanimously to approve Budget
Amendment #4 for the Randolph County Detention Center Capital Project Fund in the amount of
$3,250,000.
Randleman Recycle Site
Paxton Arthurs, County Engineer, said the County staged recycling containers at the parking lot
of the old Randleman City Hall. While City staff could somewhat monitor the bins at this location,
it was a bit of an eyesore. Several years ago, Randleman created a dedicated lot on Depot Street
for these containers. Because this location is not manned, there have been ongoing issues with
contamination at this site. Citizens were using it to dump household waste and large items like
furniture and mattresses. When this contamination occurs, Randleman City staff is taxed with the
cleanup and the City is then billed for the tipping fees of the removed material.
Mr. Arthurs said he was contacted by the City and informed that they were considering closing
the site. Since servicing of this site is included in the contract with Waste Management, he stated
he would not want to give up that service. However, the problems associated with this site would
make it understandable. There is a possible alternative, convert the unmanned recycle -only site
into a full service Convenience Site. The agreement with Waste Management included the
operation of two additional manned Convenience Sites and the construction of the Trinity
Convenience Site leaves one remaining location. The County has funds in the Solid Waste account
that could cover the cost of developing the property which would most likely be around $175,000.
Mr. Arthurs said he developed a preliminary drawing of the proposed site and while there are many
more details that would need to be worked out, it appears that this project would be feasible. The
preliminary site plan is as follows
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He said if the Board was agreeable to the idea, collaboration would begin with Randleman City
staff to refine this plan and get the necessary regulatory approvals.
On motion of Haywood, seconded by Kidd, the Board voted unanimously to accept the
preliminary plan for the Randleman Convenience Site.
Trinity Convenience Site
Paxton Arthurs, County Engineer, said a contract for the construction of the Trinity
Convenience Site was awarded to Asheboro Construction. The project has been delayed by
weather, and recently, was delayed by a required change in the layout of the driveway entrance.
He stated that he had originally designed the project to have both an entrance and exit driveway to
provide good circulation and traffic flow. When the contractor applied for a driveway permit from
NCDOT, concern was raised that the proposed entrance did not have enough sight distance due to
an adjacent curve in Kennedy Road. After meeting with DOT, it was proposed that the driveway
be changed to a single entrance/exit design and to move it farther east to gain additional sight
The recommended changes in the design have now been made and a driveway permit has been
issued by DOT. The contractor has reviewed the proposed changes and has presented a change
order in the amount of $22,646.85. There are enough remaining funds in the approved budget to
accept this change without a budget adjustment.
3/11/19
While this change comes at a price, it will increase the safety of the facility and still provide for
good traffic flow. Mr. Arthurs recommended that the Board approve the change order to Asheboro
Construction in the amount of $22,646.85.
On motion of Kidd, seconded by McDowell, the Board voted unanimously to accept the Change
Order from Asheboro Construction for the Trinity Convenience Site in the amount of $22,646.85.
Amended DSS MOU
Tracie Murphy, Social Services Director, said back in the summer of 2018, Randolph County
was one of the last counties to sign a required Memorandum of Understanding (hereinafter the
"MOU") with the North Carolina Department of Health and Human Services (DHHS) as required
by North Carolina General Statute 108A-74. There were many issues in the MOU that caused
concern, including performance measures that were vague and ambiguous and that held the Social
Services department accountable for circumstances beyond their control. Prior to signing the
MOU, DHHS explained that they were working to address the growth measures with the counties
and would be making changes that would be favorable to counties. Those modifications to the
agreement have been made. DHHS has now submitted a Modification Agreement to the MOU for
approval.
Ms. Murphy summarized the modifications to the MOU. Nine (9) performance measures have
been changed from static measures to growth measures (for a total of 17 growth measures). Five
(5) measures have been updated to align with federal benchmarks and one (1) measure has been
removed entirely. Also, due to the impact of Hurricane Florence on county and state operations,
the MOU is modified to clarify that no performance improvement or corrective action will be
initiated on the basis of this MOU for the 2018-2019 fiscal year. Specifically, the modifications
made to the MOU are as follows:
1. Section 2.1: Clarifying language that DHHS will not take any actions under
Attachment X (corrective action) on the basis of the MOU for fiscal year 2018-
2019.
2. Section 12.0: Change to the DHHS's point of contact.
3. Section 14.0: Clarifying language that, for some performance measures, the County
will be assessed on an individualized growth measure and not the standard
performance measure.
4. Attachment I through IXPerformance Measurements:
a. The format of the performance measures has been modified to create three
columns (Standard Measure, County Performance Measure and the Rationale
and Authority). The Standard Measure is the statewide measure based on
federal or state law, rule or policy identified in the Authority. The County
Performance Measure will be the county -specific target. For some measures,
this County Performance Measure will be the same as the Standard Measure.
For others, the County Measure will be the growth measure tailored to each
individual county to be determined for next fiscal year's MOU.
b. Included with every performance measure is an expanded rationale giving
additional background and context to the required measure as well as updated
and additional citations to identify the authority from which the measure is
derived.
3/11/19
c. Specific Attachment Modifications:
i. Attachment L Child Welfare—Child Protective Services (CPS)
• Both CPS performance measures have been changed to growth
measures
ii. Attachment IL Child Welfare—Foster Care
• All Foster Care performance measures have been changed to
growth measures.
• DHHS deleted the measure which read: "The County will
document permanency goals for 95% of foster youth within 60
days of a child entering custody or for whom the county has
placement authority."
• DHHS amended the Standard Measure from 41% to 40.5% for
the Foster Care performance measure which previously read:
"The County will provide leadership for ensuring that 41% of
children who enter foster care in a 12-month period are
discharged to permanency within 12 months of entering foster
care."
• DHHS amended the Standard Measure from 9% to 9.1% for the
Foster Care performance measure which previously read: "For
all children who were victims of maltreatment during a twelve-
month period, no more than 9% received a subsequent finding
of maltreatment."
iii. Attachment III: Child Support
• Each Child Support performance measure will remain growth
measures.
• In the first four Child Support performance measures, DHHS
included in the text of the Standard Measures what is required
under federal law.
• The fifth Child Support performance measure remains
unchanged.
iv. Attachment IV: Energy Programs
• These performance measures remain the Standard Measure for
each county.
• The Rationale and Authority for these performance measures
have been updated.
v. Attachment V: Work First
• The first two of these performance measures have been changed
to growth measures.
• The remaining two performance measures will continue as
Standard Measures for all counties. The Standard Measure has
been changed from 100% of applications and recertifications
processed in the given timeframe to 95% of applications and
recertifications processed in the given timeframe.
vi. Attachment VI: Food and Nutrition Services
3/11/19
• These performance measures remain the Standard Measure for
each county.
• DHHS amended the Standard Measure from 100% to 90% for
the Food and Nutrition Services performance measure which
previously read: "The County will ensure that 100% of Program
Integrity claims are established within 180 days of the date of
discovery."
vii. Attachment VII: Adult Protective Services
• Each Adult Protective Services measure has been changed to a
growth measure.
viii. Attachment VIII: Special Assistance
• Each Special Assistance measure has been changed to a growth
measure.
ix. Attachment IX: Child Care Subsidy
• The performance measure will remain the Standard Measure for
each county.
• The Rationale and Authority for this performance measure have
been updated.
5. Attachment XCorrective Action: Clarification that DHHS will not initiate any
actions set forth in Attachment X during this fiscal year.
Commissioner McDowell asked Ms. Murphy how confident she was with the changes. She said
she felt this amendment was much better than the original document.
Chairman Frye stated that someone must have listened to Randolph County. Ms. Murphy
reiterated that Randolph County, being one of the last to sign, advocated the need for a change for
all the counties.
Commissioner Allen said he felt the County performance measures are more attainable and the
standard measures leave room for improvement.
Ms. Murphy stated she "would not be first in line to say we love it" but it did address
modification of outcomes that cannot be controlled by Social Services.
On motion of McDowell, seconded by Allen, the Board voted unanimously to accept the
Modification Agreement to the Memorandum of Understanding (Fiscal Year 2018-19) Between
the North Carolina Department of Health and Human Services and Randolph County, as follows:
Modification Agreement to the
MEMORANDUM OF UNDERSTANDING (FISCAL YEAR 2018-19)
BETWEEN THE NORTH CAROLINA DEPARTMENT OFHEALTHAND
HUMAN SERVICES AND RANDOLPH COUNTY
The parties agree to modem the MOU as set forth below. The terms and conditions set
3/11/19
forth in the MOUare adopted by reference and fully incorporated as ifset forth herein.
The terms of this Modification Agreement supersede and replace any conflicting or
contrary terms of the MOU.
2.1 Default and Modification
Performance Improvement/Corrective Action: Prior to the Department exercising its
authority to withhold State and/or federal funding for a failure to satisfy the mandated
performance requirements or failure to comply with the terms of this MOU, the steps
set forth in Attachment X will govern. For this MOU covering Fiscal Year 2018-2019,
the Department will not initiate any actions set forth in Attachment X on the basis of this
MOU. Nothing contained in this MOU or Attachment X shall supersede or limit the
Secretary's authority to take any action otherwise set forth in N.C. Gen. Stat. § 108A-
74.
12.0 Notice
The persons named below shall be the persons to whom notices provided for in this
MOU shall be given. Either Party may change the person to whom notice shall be
given upon written notice to the other Party. Any notice required under this MOU will
only be effective if actually delivered to the parties named below. Delivery by hand, by
first class mail, or by email are authorized methods to send notices.
For the Department of Health and Human Services, Division of Social Services
IF DELIVERED BY US POSTAL
SERVICE
IF DELIVERED BYANY OTHER
MEANS
Michael Becketts, Assistant Secretary
Michael Becketts NC DHHS
NC Department of Health and Human
Doretha Dix Campus, McBryde Building
Services 2001 Mail Services Center
Phone: 919-527-6338
Raleigh, NC 27699-2001
E-mail: Michael.Becketts@dhhs.nc.gov
14.0 Responsibilities of the County
The County hereby agrees that its responsibilities under this MOU are as follows:
(1) The County shall adhere to the mandated performance requirements for each
social services program as identified in Attachments I through IX. For a County
Performance Measure designated in Attachments I through IX as a Growth Measure,
the County's performance will be assessed based on its achievement of this Growth
Measure. The County will ultimately work towards achievement of the Standard
Measure.
Attachments follow:
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ATTACHMENT I —MANDATED PERFORMANCE REQUIREMENTS:
Child Welfare - CPS Assessments
ATTACHMENT II— MANDATED PERFORMANCE REQUIREMENTS:
Child Welfare - Foster Care
Standard Measure
County Performance Measure
Rationale and Authority
1
The County will
DHHS will work with the
Ensure that allegations of abuse, neglect
initiate 95% of all
county to idents a
and dependency are initiated timely. The
screened -in reports
performance measure for
timeframes for initiating an investigation
within required time
FY19-20 based on the prior
of child maltreatment are defined in state
frames
fiscal year's performance.
law as, immediately, within 24 hours, or
each month.
within 72 hours depending on the nature
and severity of the alleged maltreatment.
NC General Statutes § 7B-302; 1 O
NCAC 70A.0105;
NCDHHS Family Services Manual: Vol.
1, Chapter VIII.• Child Protective
Services, Section 1408 - Investigative &
Family Assessments
2
For all children
DHHS will work with the
Ensure that children who have been
who
county to idents a
substantiated as abused, neglected or
were victims of
performance measure for
dependent are protected from further
maltreatment
FY19-20 based on the prior
harm.
during a twelve-
fiscal year's performance.
month period, no
National Standards for State Performance
more than 9.1 %
on Statewide Data Indicators established
received a
by the Children's Bureau to determine
subsequent finding
conformity with Title IV -B and IV -E of the
of maltreatment
Social Security Act and the Child and
Family Services Review.
ATTACHMENT II— MANDATED PERFORMANCE REQUIREMENTS:
Child Welfare - Foster Care
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Standard Measure
County Performance Measure
Rationale and Authority
1
The County will
DHHS will work with the
Ensure the ongoing safety of children and
ensure that 95% of
county to idents a
the engagement and well-being offamilies.
all foster youth have
performance measure for
face -to face visits by
FY19-20 based on the prior
Child and Family Services Improvement
the social worker
fiscal year's performance.
Act of 2006 (Public Law 109-288, section
each month.
7) amending Section 422(b) of the Social
Security Act (42 USC 622(b))
3/11/19
2
The County will
provide leadership
for ensuring that
40.5% of children
who enter foster care
in a 12-month period
are discharged to
permanency within
12 months of
entering foster care.
DHHS will work with the
county to idents a
performance measure for
FY19-20 based on the prior
fiscal year's performance.
Ensure that children in out-of-home
placements are able to obtain safe and
permanent homes as soon as possible after
removal from their home.
National Standards for State Performance
on Statewide Data Indicators established
by the Children's Bureau to determine
conformity with Title IV-B and IV-E of the
Social Security Act and the Child and
Family Services Review.
3
The County will
DHHS will work with the
Ensure that children existing foster care
provide leadership
county to idents a
are in stable homes so that they do not re-
for ensuring that of
performance measure for
enter foster care.
children who enter
FY19-20 based on the prior
fiscal year's performance.
CFSR: Safety Outcome 1: Children are,
foster care in a 12-
first and foremost protected from abuse
month period who
and neglect.
were discharged
within 12 months to
National Standards for State
reunification,
Performance on Statewide Data
kinship care, or
Indicators established by the Children's
guardianship, no
Bureau to determine conformity with Title
more than 8.3% re-
IV-B and IV-E of the Social Security Act
enter foster care
and the Child and Family Services
Review.
within 12 months of
their discharge.
4
The County will
DHHS will work with the
Ensure that children who are removed
provide leadership
county to idents a
from their homes experience stability
for ensuring that of
performance measure for
while they are in foster care.
all children who
FY19-20 based on the prior
fiscal years performance.
CFSR: Permanency Outcome 1: Children
enter foster care in
have permanency and stability in their
a 12- month period
living situations.
in the county, the
rate of placement
National Standards for State
moves per 1000
Performance on Statewide Data
days offoster care
Indicators established by the Children's
will not exceed
Bureau to determine conformity with Title
4.1%.
IV-B and IV-E of the Social Security Act
and the Child and Family Services
Review.
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ATTACHMENT III— MANDATED PERFORMANCE REQUIREMENTS:
Child Support
3/11/19
Standard Measure
County Performance Measure
Rationale and Authority
1
80% ofpaternities
DHHS will work with the county
Paternity establishment is an
established or
to idents the County's
essential component in obtaining and
acknowledged for
performance measure for FY19-
enforcing support orders for
children born out of
20 based on the County's
children.
wedlock.
performance for the preceding
state fiscal year
42 USC § 652(g)(])(A)
42 USC § 658a(b) (6) (A)
NCGS 110-129.1
2
80% of child
DHHS will work with the county
A court order creates a legal
support cases have
to idents the County's
obligation for a noncustodial parent
a court order
performance measure for FY -19-
to provide financial support to their
establishing support
20 based on the County's
children.
obligations.
performance for the preceding
state fiscal year
42 USC § 652(g)(1)(A)
42 USC § 658a(b) (6) (B)
NCGS 110-129.1
3
80% of current
DHHS will work with the county
The current collections rate is an
child support paid.
to idents the County's
indicator for the regular and timely
performance measure for FY -19-
payment of child support
20 based on the County's
obligations.
performance for the preceding
42 USC § 652(g)(])(A)
state fiscal year
42 USC § 658a(b) (6) (C)
NCGS 110-129.1
4
80% of cases
DHHS will work with the county
Collection of child support has been
received a payment
to idents the County's
shown to reduce child poverty rates
towards arrears.
performance measure for FY -19-
and improve child well-being.
20 based on the County's
performance for the
42 USC § 6520 (])(A)
preceding state fiscal year
42 USC § 658a(b) (6) (D)
NCGS 110- 129.1
5
The county will
DHHS will work with the county
Measuring total child support
meet its annual goal
to idents the County's
collections is an important measure
of total child
performance measure for FY19-
of the program because it
support collections.
20 based on the County's
encompasses the strength of the
performance for the preceding
laws, practices, and fiscal effort to
state fiscal year
determine its effectiveness.
42 USC § 652(g)(])(A)
42 USC § 658a(b) (6) (E)
NCGS 110-129.1
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Energy Programs
Work First
Standard Measure
County Performance Measure
Rationale and Authority
1
The County will
The County will process 95016 of
Ensure that eligible individuals in a
process 95% of
Crisis Intervention Program
household without a heating or
Crisis Intervention
(CIP) applications within one (1)
cooling source receive relief as soon
Program (CIP)
business day for applicants with
as possible.
applications within
no heat or cooling source.
TANF State Plan FFY 2016 - 2019
one (1) business day
42 USC §§ 8621-8630
for applicants with
no heat or cooling
JOA NCAC 71V
source.
NCGS 108A -27.13(a)
2
The County will
The County will process 95% of
Ensure that eligible households who
process 95% of
Crisis Intervention Program
are in danger of losing a heating or
Crisis Intervention
(CIP) applications within two (2)
cooling source receive financial
Program (CIP)
business days of the application
assistance to avert the crisis.
applications within
date for applicants who have a
two (2) business
heat or cooling source.
42 USC §§ 8621-8630
days of the
IOA NCAC 71V
application date for
applicants who have
a heat or cooling
source.
Work First
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Standard Measure
County Performance Measure
Rationale and Authority
I
The County will
DHHS will work with the county to
Ensure that all work -eligible
collect
idents the County's performance
individuals are engaged in federally
documentation from
measure for FY -19-20 based on the
countable work activities.
50% of all Work-
County's performance for the
Eligible individuals
preceding state fiscal year
TANF State Plan FFY 2016 - 2019
that demonstrates
NCGS 108A-27.2(10)
completion of the
NCGS 108A-27.6(1)
required number of
NCGS 108A -27.13(a)
hours offederally
NCGS 108A -27.14(a) -(b)
countable work
activities.
3/11/19
2
The County will
DHHS will work with the county to
Ensure all work -eligible two- parent
I
collect
idents the County's performance
families are engaged in federally
documentation from
measure for FY19-20 based on the
countable work activities for the
90% of two-parent
County's performance for the
required number ofparticipation
families with Work
preceding state fiscal year
hours.
Eligible individuals
7 CFR § 273.2
that verifies that the
TANF State Plan FFY 2016 - 2019
they have completed
NCGS 108A-27.2(10)
2
the required number
The County will process 95% of
NCGS 108A-27.6(1)
of hours offederally
regular FNS applications within 25
NCGS 108A -27.13(a)
countable work
days from the date of application.
NCGS 108A -27.14(a) -(b)
activities.
3
The County will
The County will process 95% Work
Ensure that eligible families receive
process 95% Work
First applications within 45 days of
Work First benefits in a timely
First applications
receipt.
manner.
3
within 45 days of
The County will ensure that 95% of
Ensure that eligible families have
receipt.
FNS recertification are processed
TANF State Plan FFY 2016 - 2019
FNS recertification
on time, each month.
NCGS 108A-31
4
The County will
The County will process 95% Work
Ensure that Work First families
process 95% Work
First recertification no later than
continue to receive assistance and
First recertification
the last day of the current
benefits without unnecessary
no later than the last
recertification period.
interruption.
day of the current
recertification
TANF State Plan FFY 2016 - 2019
period.
NCGS 108A-31
Food and Nutrition Services
3/11/19
Standard Measure
County Performance Measure
Rationale and Authority
I
The County will
The County will process 95% of
Ensure all expedited FNS
process 95% of
expedited FNS applications within
applications are processed within
expedited FNS
4 calendar days from the date of
required timeframes.
applications within
application.
4 calendar days
7 CFR § 273.2
from the date of
FNS Manual: Section 315
application.
FNS Administrative Letter 1-2015
2
The County will
The County will process 95% of
Ensure all regular FNS
process 95% of
regular FNS applications within 25
applications are processed within
regular FNS
days from the date of application.
required timeframes.
applications within
25 days from the
7 CFR § 273.2
date of application.
FNS Manual: Section 315
FNS Administrative Letter] -2015
3
The County will
The County will ensure that 95% of
Ensure that eligible families have
ensure that 95% of
FNS recertification are processed
their recertification benefits
FNS recertification
on time, each month.
processed in a timely manner
are processed on
without interruption.
time, each month.
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4
The County will
The County will ensure that 90% of
Ensure allegations offraud are
I
ensure that 90% of
Program Integrity claims are
addressed promptly.
Program Integrity
established within 180 days of the
of adult maltreatment is essential to
claims are
date of discovery.
7 CFR § 273.18
established within
based on the County's
adult. State law requires that a
180 days of the date
performance for the preceding
prompt and thorough evaluation is
of discovery.
state fiscal year
made of all reports of adult
ATTACHMENT VII— MANDATED PERFORMANCE REQUIREMENTS:
Adult Protective Services (APS)
3/11/19
Standard Measure
County Performance Measure
Rationale and Authority
I
The County will
DHHS will work with the
Responding quickly to allegations
complete
county to idents the County's
of adult maltreatment is essential to
95% ofAPS
performance measure for FY19-20
case decision-making to protect the
evaluations
based on the County's
adult. State law requires that a
involving
performance for the preceding
prompt and thorough evaluation is
allegations of
state fiscal year
made of all reports of adult
abuse or neglect
maltreatment.
within 30 days of
the report.
NCGS 108A-103
2
The County will
DHHS will work with the county to
Protecting a disabled adult from
complete 85% of
idents the
exploitation is critical to ensuring
APS evaluations
County's performance measure for
their safety and well-being. State
involving
FY19-20 based
law requires a prompt and thorough
allegations of
on the County's performance for
evaluation is made of all reports of
exploitation within
the preceding state fiscal year
adult exploitation.
45 days of the
report.
NCGS 108A-103
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ATTACHMENT VIII— MANDATED PERFORMANCE REQUIREMENTS:
Special Assistance SA
ATTACHMENT IX— MANDATED PERFORMANCE REQUIREMENTS:
Child Care Subsidy
Standard Measure
County Performance Measure
Rationale and Authority
1
The County will
DHHS will work with the
Ensure eligible individuals receive
process 85%
county to idents the County's
supplemental payments to support
of Special
performance measure for FY19-20
stable living arrangements.
Assistance for the
based on the County's performance
Aged (SAA)
for the preceding state fiscal year
Timely application processing of
applications within
SAA benefits is essential to an
45 calendar days
individual's proper care and
of the application
treatment.
date.
IOA NCAC 71P. 0604
2
The County will
DHHS will work with the county to
Ensure eligible individuals receive
process 85% of
idents the County's performance
supplemental payments to support
Special Assistance
measure for FY19-20 based on the
stable living arrangements.
for the Disabled
County's performance for the
(SAD) applications
preceding state fiscal year
Timely application processing of
within 60 calendar
SAD benefits is essential to an
days of the
individual's proper care and
application date.
treatment.
IOA NCAC 71P. 0604
ATTACHMENT IX— MANDATED PERFORMANCE REQUIREMENTS:
Child Care Subsidy
ATTACHMENT X— CORRECTIVE ACTION
For this MOU covering Fiscal Year 2018-2019, the Department will not initiate any
actions set forth in Attachment X on the basis of this MOU.
1. Non -Compliance with performance requirements or terms of the MOU
a. In the event a County Department of Social Services (County DSS) "Jails fails to satisfy
a performance requirement for three consecutive months or fails to comply with a term
of this MOU, the Department will provide the County DSS with written notification
identifying the relevant performance requirement or term and how the County DSS
3/11/19
Standard Measure
County Performance Measure
Rationale and Authority
I
The County will
The County will process 95% of
Ensure that families can place their
process 95% of
Child Care Subsidy applications
children in quality child care without
Child Care Subsidy
within 30 calendar days of the
undue delay.
applications within
application date.
30 calendar days of
North Carolina Child Care
the application date.
Development Fund State Plan
ATTACHMENT X— CORRECTIVE ACTION
For this MOU covering Fiscal Year 2018-2019, the Department will not initiate any
actions set forth in Attachment X on the basis of this MOU.
1. Non -Compliance with performance requirements or terms of the MOU
a. In the event a County Department of Social Services (County DSS) "Jails fails to satisfy
a performance requirement for three consecutive months or fails to comply with a term
of this MOU, the Department will provide the County DSS with written notification
identifying the relevant performance requirement or term and how the County DSS
3/11/19
failed to satisfy it.
b. Upon receipt of notification, the County DSS shall promptly provide the Department
with written acknowledgment of receipt.
c. If the County DSS does not agree that it failed to satisfy the performance requirement
or comply with the terms of the MOU, it shall set forth, in writing, the basis for its
disagreement. If the County DSS believes its failure to adhere to a mandated
performance requirement or term of this MOU is due in whole or in part upon the
failure of the Department to meet any of its responsibilities under this MOU or other
external factors (i.e., limited court dates, continuances, etc.), the County DSS shall set
forth in writing how the failure of the Department or external factors to meet its
responsibility to the County DSS contributed to the inability of the County DSS to meet
the mandated performance standard or other term of this MOU. This notice shall be
received by the Department, along with all supporting documentation, within 10
business days of the County DSS' receipt of the Department's written notification of
non-compliance.
d. If written notice is received in accordance with subsection (c) of this section, the
Department will provide the appropriate division director with the all documentation
received. Following a review of all documentation, the division director will provide
the county with a decision to proceed in developing the performance improvement plan
or to rescind the notice of non-compliance.
2. Performance Improvement Plan
a. The County DSS and Department shall work together to develop a performance
improvement plan to address the non-compliance. The Parties will consider and
address the County DSS's written disagreement with the identified non-compliance, if
any, in the development of the performance improvement plan.
b. The performance improvement plan shall include, at a minimum:
i. The role and responsibility of DHHS in providing support to the County DSS to
address the non-compliance.
ii. The specific actions the County DSS will take to address the non-compliance
and ensure ongoing compliance.
c. The performance improvement plan shall be signed by the Department and the
County DSS Director. A copy of the performance improvement plan will be sent to the
chair of the DSS Governing Board.
3. Continued Non -Compliance
a. In the event a County DSS continues to fail to satisfy a performance requirement or
comply with the terms of the MOUfor an extended period of time and is not meeting
the terms of the performance improvement plan, the County DSS and the Department
will enter into a corrective action plan, not to exceed a period of twelve months. An
extended period of time is defined as three consecutive months, or five months out of a
twelve- month period measured beginning with the first month after which the
3/11/19
performance improvement plan is signed.
b. The corrective action plan shall include, at a minimum:
i. A strategy to ensure regular supervisory oversight of the social services program
at issue;
ii. A detailed strategy to ensure the issue central to the non-compliance is
addressed and corrected;
iii. A strategy to ensure program and case documentation is both sufficient and
completed within timeframes prescribed by law, rule or policy; and
iv. A plan for the continuous review of the corrective activities by both the County
Director of Social Services, the County DSS Governing Board, and the Department.
c. The corrective action plan will be signed by the Department and the County DSS
Director. A copy of the corrective action plan will be sent to the Chair of the DSS
Governing Board, the County Manager, and the Chair of the Board of County
Commissioners.
4. Failure to Complete Corrective Action PlamUrgent Circumstances
a. In the event a County DSS fails to complete the corrective action plan or otherwise
fails to comply with the terms of the corrective action plan, the Department may exercise
its authority under the law, and this MOU, to withhold federal and/or state funding.
b. In circumstances of continuous extended non-compliance or other urgent
circumstances, the Secretary may also exercise her statutory authority to assume
control of service delivery in the County pursuant to N. C. G. S. 108A-74.
** In the event the performance requirement or term of the MOUfalls outside of the
authority of the County DSS, the notification of non-compliance will be sent to the
County, and all subsequent steps contained herein shall be followed by the County.
Effective Date: This Modification Agreement shall become effective upon the date of
execution by both parties and shall continue in effect until June 30, 2019.
Ordinance to Prohibit the Use of Tobacco and Tobacco Products on Local Government
Grounds and in Local Government Buildings and Vehicles
Susan Hayes, Public Health Director, spoke in regards to the latest changes to the Health
Department Rule on tobacco use which allow municipalities to decide to adopt the same rule. The
only exception within the municipalities is County operated facilities, vehicles, and grounds within
a municipality. She said that she hoped the municipalities would join the County in adopting this
Ordinance.
On motion of Haywood, seconded by Allen, the Board voted unanimously to adopt the proposed
Ordinance to Prohibit the Use of Tobacco and Tobacco Products on County Government Grounds
and in County Government Buildings and Vehicles based on the Rule adopted by the Board of
Health on February 26, 2019, as follows:
3/11/19
RANDOLPH COUNTYBOARD OF HEALTH RULE
A RULE TO PROHIBIT THE USE OF TOBACCO AND TOBACCO PRODUCTS
ON RANDOLPH COUNTY GOVERNMENT GROUNDS AND IN
RANDOLPH COUNTYBUILDINGSAND VEHICLES
WHEREAS, tobacco is a recognized carcinogen in humans; and
WHEREAS, according to the Centers for Disease Control and Prevention (CDC),
tobacco use and secondhand smoke exposure are the leading preventable causes of
illness and premature death in North Carolina and the nation; and
WHEREAS, health risks associated with the use of tobacco products include
myocardial infarction (heart attack), stroke, adverse reproductive outcomes, lung
cancer and diabetes; and
WHEREAS, in 2006, a report issued by the United States Surgeon General stated
that scientific evidence indicates that there is no risk-free level of exposure to
secondhand smoke and that secondhand smoke has been proven to cause cancer, heart
disease, and asthma attacks in both smokers and nonsmokers; and
WHEREAS, in air quality tests, concentrations of secondhand smoke in vehicles
have been found to be far greater than in any other micro -environments tested,
including smokers' homes, smoke-filled bars, and outdoor air, even with a vehicle's
windows open and its fan set on high; and
WHEREAS, research indicates that, during active smoking, outdoor levels of
secondhand smoke may be as high as indoor levels and may pose a health risk for
people in close proximity, and some hazard exists beyond thirty (3 0) feet; and
WHEREAS, in 2009, the United States Food and Drug Administration (FDA)
announced that an analysis of e -cigarette samples indicated that the e -cigarettes
contained not only nicotine but also detectable levels of known carcinogens and toxic
chemicals, including tobacco -specific nitrosamines and diethylene glycol, a toxic
chemical used in antifreeze; and it has been found that the emitted aerosol is not just
water vapor, but contains nicotine and can contain additional toxins, making it less
safe than clean air to the nearby non -user; and
WHEREAS, on January 2, 2010, "An Act To Prohibit Smoking in Certain Public
Places and Certain Places Of Employment, " Session Law 2009-27, became effective,
authorizing local governments to adopt and enforce ordinances "that are more
restrictive than State law and that apply in local government buildings, on local
government grounds and in local government vehicles; and
WHEREAS, pursuant to North Carolina General Statute §130A -39(a), a local
board of health has the responsibility to protect and promote the public's health and to
adopt rules necessary for that purpose; and
WHEREAS, the Randolph County Board of Health is committed to providing a
safe and healthy workplace in all local government facilities for local government
employees and a safe and healthy environment for the visiting public; and
WHEREAS, the Randolph County Board of Health wishes to minimize the
harmful effects of tobacco among Randolph County employees and eliminate
secondhand smoke exposure for employees and the public in those buildings, vehicles
and grounds controlled by county government in Randolph County; and
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WHEREAS, the Randolph County Board of Health finds and declares that, in
order to protect the public health and welfare, it is in the best interests of the citizens
of Randolph County to adopt a Rule prohibiting the use of tobacco and tobacco
products in county government buildings, . in county government vehicles and on
county government grounds throughout Randolph County.
WHEREAS, the Randolph County Board of Health encourages each municipality
in Randolph County to adopt similar protections for its citizens and employees.
NOW, THEREFORE, THE RANDOLPH COUNTY BOARD OF HEALTH
ADOPTS THE FOLLOWING RULES:
Section 1. Authority
This Rule is enacted pursuant to North Carolina General Statute 130A-498 and
130A -39(a).
Section 2. Definitions
The following definitions are applicable to this Rule:
1) "County Government" -means the County of Randolph, a body politic and
corporate and apolitical subdivision of the State of North Carolina.
2) "County Government Building" -a building owned, leased as lessor, or the area
leased as lessee and occupied by County Government as herein defined.
3) "County Government Grounds "-an unenclosed area owned, leased or occupied
by County Government as herein defined. For the purposes of this rule, "County
Government Grounds "does not include public streets and the sidewalks abutting
said streets.
4) "County Government Vehicle" -a passenger -carrying vehicle owned, leased or
otherwise controlled by County Government and assigned permanently or
temporarily to its employees, agencies, institutions, or facilities for official
County Government business.
S) "Employee "-a person who is employed by Randolph County Government.
6) "Local Health Department" -the Randolph County Health Department.
7) "Local Health Director "-the administrative head of the Randolph County Health
Department appointed pursuant to North Carolina General Statute Chapter
130A.
8) "Smoking" -the use or possession of a lighted cigarette, lighted cigar, lighted
pipe, or any other lighted tobacco product
9) "Tobacco Product" -any product containing or derived from tobacco that is
intended for human consumption, whether chewed, smoked, absorbed, dissolved,
inhaled or ingested by any other means, including but not limited to cigarettes;
e -cigarettes; cigars; little cigars; snuff; and chewing tobacco. A tobacco product
excludes any product that has been approved by the United States Food and
Drug Administration for sale as a tobacco cessation product, as a tobacco
dependence product, or for other medical purposes, and is being marketed and
sold solely for such an approved purpose.
10) "E -cigarette" -any electronic oral device that employs a mechanical heating
element, battery, or electronic circuit regardless of shape or size and that can
be used to heat a liquid nicotine solution or any other substance, and the use or
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inhalation of which simulates smoldering. The term shall include any such
device, whether manufactured, distributed, marketed, or sold as an e -cigarette,
e -cigar, e pipe, or under any other product name or descriptor.
Section 3. Areas in Which the Use of Tobacco Products, Including e -cigarettes, is
Prohibited
1) The use of tobacco products, including e -cigarettes, is prohibited in all of the
following:
a) In any County Government building.
b) In any County Government vehicle.
c) On any County Government grounds.
d) All other County Government property including, but not limited to:
i. County Government Parks Systems including playgrounds and
athletic fields;
ii. Public Transportation;
iii. County Government Trails and Parks; and
iv. Polling Places.
v. Libraries in the Randolph County Library System and the grounds of
said libraries.
2) The use of tobacco products, including e -cigarettes, is prohibited in County
Government buildings and grounds being used for private events.
Section 4. Signage
1) County Government where the use of tobacco and tobacco products is prohibited
by this Rule shall post signs that must:
a) State in English and Spanish that the use of tobacco products is prohibited.
b) Be ofsufficient size to be clearly legible to a person of normal vision, and be
conspicuously posted.
c) Be posted at each entrance to a County Government Building and in other
locations within the buildings reasonably calculated to inform employees and
the public of the prohibition.
d) Be posted on County Government Grounds in locations and at intervals
reasonably calculated to inform employees and the public of the prohibition.
2) In vehicles where the use of tobacco is prohibited by this Rule, County Government
may, in its discretion, post a sign that states "No Use of Tobacco Products" in County
Government Vehicles in an area visible to passengers, provided that said placement
does not interfere. with the safe operation of the vehicle. If the vehicle is used for
undercover law enforcement operations, a sign is not required to be placed in the
vehicle.
Section 5.Enforcement and Penalties
1) Violations by persons using tobacco products in prohibited areas. Failure to cease
using tobacco products in a prohibited area constitutes an infraction punishable by
a fine offifty dollars ($50.00). A citation may be issued by a sworn law enforcement
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officer. Conviction of an infraction under this section has no consequence other than
payment of a penalty, and no court costs may be assessed.
2) Sanctions for employees. In addition to any penalty under subsection (1),
employees of County Government, as herein defined, who violate this Rule shall be
subject to disciplinary action consistent with the Randolph County Employee Policy
and Procedure Manual.
Section 6. Effective Date
After adoption of this rule by the Randolph County Board of Health this Rule becomes
effective May 1, 2019 or 60 days after the date of adoption, whichever is later, of this
Rule by Ordinance by the Randolph County Board of Commissioners pursuant to North
Carolina General Statute 153A -121(a).
Section 7. Abrogation
This Rule is not intended to repeal, abrogate or impair any greater restriction imposed
by any other state law or local government ordinance. Wherever the provisions of any
other law, ordinance, regulation or restriction impose higher standards than are
required by the provisions of this Rule, this Rule does not prohibit enforcement of any
such law, ordinance, regulation or restriction.
Adopted this the 26`' day of February 2019.
AN ORDINANCE TO APPROVE AND ADOPT THE RULE ADOPTED BY THE
RANDOLPH COUNTY BOARD OF HEALTH TO PROHIBIT THE USE OF
TOBACCO PRODUCTS, as defined therein.
The use of tobacco products are prohibited in all of the following:
1. County Government buildings as defined in said rule;
2. In any County Government vehicle;
3. On any County Government grounds as defined in said rule;
4. All other County Government property including, but not limited to:
a) County Government Parks Systems including playgrounds and athletic fields;
b) Public Transportation;
c) County Government Trails and Parks; and
d) Polling Places.
e) Libraries in the Randolph County Library System and grounds of said
libraries.
fi County Government buildings and grounds being used for private events.
WHEREAS, the Randolph County Board of Health adopted a rule on February 26,
2019, prohibiting the use of tobacco products, including e -cigarettes in county
government buildings; county government vehicles; county government grounds; and
all other property including, but not limited to county government parks systems,
playgrounds, athletic fields; public transportation; county government trails and
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parks; polling places; libraries in the Randolph County Library System and grounds
of said libraries; and all county government buildings and grounds being used for
private events for approval by the Randolph County Board of Commissioners;
NOW THEREFORE, BE IT ORDAINED that the Randolph County Board of
Commissioners approves and adopts the Board of Health Rule to Prohibit the Use of
Tobacco on Local Government Grounds and in Local Government Buildings and Local
Government Vehicles.
County Operation of Liberty Public Library
Ross Holt, Library Director, said he had indicated at the retreat that he would seek formal
approval to proceed with plans for the County to take over operation of the Liberty Public Library
effective July 1, 2019. The Town Council would not be proceed until there were solid cost
estimates for upgrading the building. Mr. Holt asked for guidance from the Board.
Chairman Frye stated that the Board would take this as a report, not an action item.
Resolution in Support of Grant of Statewide Continency Funds for North Carolina
Department of Transportation (NCDOT)
Chairman Frye said there was a need for more funding for designing the interchanges for the
Megasite. Senator Tillman, Representative McNeill, Representative Hurley, and the Secretary of
Transportation each got $250,000 in contingency funds. It would not require any money from the
County.
On motion of McDowell, seconded by Kidd, the Board voted unanimously to adopt Resolution
in Support of Grant of Statewide Contingency Funds to North Carolina Department of
Transportation, as follows:
RESOL UTION IN SUPPORT OF
GRANT OF STATEWIDE CONTINGENCY FUNDS TO
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
WHEREAS, Randolph County is a member of the Greensboro -Randolph
Megasite Foundation, hereinafter the "Foundation ", a non-profit organization leading
the regional efforts to develop the Greensboro -Randolph Megasite, an industrial
megasite adjacent to US -421 in Randolph County, hereinafter the "Megasite "; and
WHEREAS, development of the Megasite will require development of a
transportation network for industrial access to and from the site; and
WHEREAS, the North Carolina Department of Transportation estimates the cost
to complete the preliminary design for this transportation project to be $4, 000, 000;
and
WHEREAS, members of the North Carolina General Assembly and the North
Carolina Department of Transportation have Contingency Funds available for
qualified Department of Transportation projects; and
NOW, THEREFORE, BE IT RESOLVED THAT the Randolph County Board
of Commissioners, through the adoption of this resolution, requests that $250, 000 in
Contingency Funds from each of four separate sources be granted to the North
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Carolina Department of Transportation for a total grant of $1, 000, 000 in Statewide
Contingency Funds, said funds to be used exclusively for the purpose of completing the
environmental documentation, preliminary designs, and project management of the
development of the transportation network for the Megasite as referenced above.
County Manager and Commissioners Updates
County Manager Hal Johnson said he did not have any updates.
Chairman Frye stated he had been at the NACo conference last week and would give
updates at another meeting.
Adjournment
At 8:52 p.m. on motion of McDowell, seconded by Allen, the Board voted unanimously to
adjourn.
Darrell Frye, Chairman David Allen
Kenny Kidd
Hope Haywood
Maxton McDowell
Dana Crisco, Clerk to the Board
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