241202 Regular Meeting
December 2, 2024
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.
Commissioner Darrell Frye, Commissioner Kenny Kidd, Commissioner David Allen, and
Commissioner Hope Haywood were present. Commissioner Lester Rivenbark took his seat on the
Board after taking his oath where noted. Also present were County Manager Zeb Holden,
Assistant County Manager/Finance Officer Will Massie, Assistant County Manager William
Johnson, County Attorney Ben Morgan, and Clerk to the Board Dana Crisco. Bishop Travis Cooke
gave the invocation and everyone recited the Pledge of Allegiance. The meeting was livestreamed
on YouTube.
Administration of Oaths of Office
The Honorable Barron Thompson administered the Oath of Office to Commissioner Lester
Rivenbark.
The Honorable Scott Etheridge administered the Oath of Office to Commissioner Kenny Kidd.
Reorganization of the Board
On motion of Haywood, secondedby Allen, the Board voted 5-0 to elect Darrell Frye as
Chairman.
On motion of Rivenbark, seconded by Frye, the Board voted 3-2 with Haywood and Allen
opposing to elect Kenny Kidd as Vice-Chairman.
On motion of Haywood, seconded by Kidd, the Board voted 5-0 to make the following
appointments:
appoint Ben Morgan as County Attorney
appoint Dana Crisco as Clerk to the Board
appoint Hope Haywood as Representative to the Board of Health
appoint Lester Rivenbark as Representative to the Social Services Board
appoint Darrell Frye as Representative to the High Point Metropolitan Planning
Organization (HPMPO)
appoint Lester Rivenbark as Alternate to the High Point Metropolitan Planning
Organization (HPMPO)
appoint Kenny Kidd as Representative to the Juvenile Crime Prevention Council
appoint Hope Haywood as Representative to the Piedmont Triad Rural Planning
Organization (RPO)
appoint Lester Rivenbark as Alternate to the Piedmont Triad Rural Planning
Organization (RPO)
appoint Darrell Frye as Delegate to the Piedmont Triad Regional Council
appoint Darrell Frye as Representative to the Piedmont Authority for Regional
Transportation
appoint Kenny Kidd as Tourism Development Authority Liaison
appoint David Allen as Representative to Trillium Health Resources Regional
Advisory Board
12/2/24
appoint Hope Haywood as Corporate-Municipalities Wellness Coalition and
Healthy Communities Liaison
appoint David Allen as Voluntary Ag District Board Liaison
appoint David Allen as Piedmont Triad Regional Development Corporation
Liaison (PTRDC)
Public Comment Period
Frederick Wang, 1482 Fuller Mill Rd. N, Thomasville, asked why the Board hasn’t directed
the Planning Board to rehear the Zoning case of the gun range. He believes that the local
government has not done enough to properly zone the TASC gun range.
Amy Wang, 1482 Fuller Mill Rd. N, Thomasville, said that Ms. Caddle told her the decision
of the Planning Board in January 2020 can no longer be appealed. Ms. Wang feels that the owner
of the gun range has misrepresented the property and the club and should not be permitted to
continue to operate.
Isaac Hoffman, 6482 Old Post Office Rd., Thomasville, presented some information on lead
that is potentially poisoning the ground water. The gun powder residue is also left for the citizens
to ingest.
Ed Lietz, 6758 Blue Quartz Dr. Thomasville, said lead is the number one threat to children’s
health. Gun ranges contribute to lead contamination. The gun range has been in operation for
over 20 years. The lead levels need to be tested. The lead leaches into the soil and water.
Dwain Roberts, 156 E. Academy St., Asheboro, is glad to have been born and raised in
Randolph County. Although he has no opinion for or against the gun range, he does believe “you
should keep your guns.”
Consent Agenda
Chairman Frye removed the minutes from the consent agendafor votes of previous Board
members.
On motion of Kidd, seconded by Allen, the Board voted 4-0 to approve the minutes as presented,
as follows:
approve Board of Commissioners regular meeting minutes of November 4, 2024, special
work session minutes of November 12, 2024, and closed session minutes of November 4,
2024
Chairman Frye announced the addition of the reappointment of Brandon Hedrick to the
Planning Board that was added to the end of the Consent Agenda.
On motion of Kidd, seconded by Haywood, the Board voted 5-0 to approve the Consent agenda,
as amended, as follows:
adopt PTRWA Resolutions (following these minutes as Attachments A and B);
reappoint Clifford Elliott, Lisa Holder, Steven King, and Bill Scotton and appoint
James Long to the Randolph County Voluntary Agricultural District (VAD) Board;
12/2/24
appoint Angie Polito and Hope Haywood to the Eastern Piedmont NC Home
Consortium;
approve surety bonds for elected and appointed County officials;
appoint Jacob Wilburn to the Asheboro Planning & Zoning Board;
approve Budget Amendment - Sheriff's Office ($1,025), as follows:
2024-2025 Budget Ordinance
General Fund – Budget Amendment #40
Revenues Increase Decrease
Miscellaneous $1,025
Appropriations Increase Decrease
Sheriff$1,025
approve Budget Amendment - Veteran Services ($2,000), as follows:
2024-2025 Budget Ordinance
General Fund – Budget Amendment #41
Revenues Increase Decrease
Miscellaneous $2,000
Appropriations Increase Decrease
Veteran Services $2,000
approve Budget Amendment - Public Health ($15,809), as follows:
2024-2025 Budget Ordinance
General Fund – Budget Amendment #42
Revenues Increase Decrease
Restricted Intergovernmental$15,809
Appropriations Increase Decrease
Public Health $15,809
approve Project Amendment #15 - Ag Center ($300,000), as follows:
Agricultural Center Capital Project
Amendment #15
Revenues Increase Decrease
Investment Earnings $300,000
Appropriations Increase Decrease
Construction $300,000
approve Budget Amendments - Rural Healthcare Stabilization Budget Ordinance
Close-out ($978,000), as follows:
12/2/24
2024-2025 Budget Ordinance
General Fund – Budget Amendment #43
Revenues Increase Decrease
Appropriated Fund Balance $978,000
Transfer from Rural Healthcare $978,000
Stabilization Project
Appropriations Increase Decrease
Rural Healthcare Stabilization Capital Project
Amendment #1
Revenues Increase Decrease
Investment Earnings $570,000
Appropriations Increase Decrease
Capital Needs $408,000
Transfer to General Fund $978,000
approve Project Amendment #3 - Public Health Facility Renovation Capital
Project ($112,133), as follows:
Public Health Facility Renovation Capital Project Ordinance
Amendment #3
Revenues Increase Decrease
Investment Income $72,750
Sales Tax Reimbursement$39,383
Appropriations Increase Decrease
Professional Fees $8,100
Furniture and Equipment $27,059
Miscellaneous $8,000
Construction $139,292
approve Project Amendment #2 - PTRWA Water Connection Capital Project, as
follows:
PTRWA Water Connection Capital Project Ordinance
Amendment #2
Revenues Increase Decrease
State Directed W&S Grant $107,600
Transfer from Coronavirus $107,600
Recovery Fund
Appropriations Increase Decrease
approve Library Budget Amendment - State Aid ($1,157), as follows:
12/2/24
2024-2025 Budget Ordinance
General Fund – Budget Amendment #44
Revenues Increase Decrease
Restricted Intergovernmental$1,157
Appropriations Increase Decrease
Public Library $1,157
approve Budget Amendment - Public Health ($2,663), as follows:
2024-2025 Budget Ordinance
General Fund – Budget Amendment #45
Revenues Increase Decrease
Restricted Intergovernmental$2,663
Appropriations Increase Decrease
Public Health $2,663
approve Memorandum of Agreement - Piedmont Triad Brownfields Assessment
Coalition (following these minutes as Attachment C);
approve Program Income Agreement with Randleman for I-74 ARPA Project
(following these minutes as Attachment D);
accept funding from NC Department of Agriculture and Consumer Services
(NCDA&CS) - Randolph Voluntary Agricultural District and associated Budget
Amendment, as follows:
2024-2025 Budget Ordinance
General Fund – Budget Amendment #46
Revenues Increase Decrease
Restricted Intergovernmental$6,700
Appropriations Increase Decrease
Cooperative Extension Service $6,700
reappoint Brandon Hedrick to the Randolph County Planning Board**announced
at the meeting**.
Piedmont Triad Film Commission
Amber Scarlett, Randolph County Tourism Development Authority Executive Director,
introduced Rebecca Clark, the Executive Director of the Piedmont Triad Film Commission. Ms.
Clark spoke of the purpose of the Commission. It promotes locations to film companies which
creates economic development. The film crews hire local people, use local services, and buy local
goods. Afterwards, people seeing the film may want to visit the site which promotes tourism. Ms.
Clark provided a list with some of the locations that have been used in the past.
Update on the Randolph County Unified Development Ordinance
Tonya Caddle, Planning and Zoning Director, gave a PowerPoint presentation on changes
suggested by the Planning Board for commercial zoning. The new commercial zoning
recommendations contain clarification for what use is allowed in different types of locations. It
also addresses lot sizes, setbacks, road frontage, and buffer levels. Information has been added for
“Small Box Discount Stores.”A section for “Multiple Homes on One Parcel” is suggested to be
12/2/24
inserted as section 628 then renumbering the remaining sections. The Planning Board has asked
that the staff be allowed to approve these requests in house if they met the requirements. If the
Board agrees with the changes, a Public Hearing will be held at the January Commissioners
meeting to finalize the updates.
Commissioner Haywood asked about buffers and plants that are used in them. Ms. Caddle said
the Planning Board is still discussing that. They are thinking about more than just three levels and
the will be giving recommendations for the type of plants to use.
Commissioner Haywood stated that she had a concern about the same small box store building
locations close together. Did the Planning Board talk about that? Ms. Caddle said they did. Their
thoughts were that the market would take care of it.
Commissioner Allen stated that the multiple home item couldchange in future. Ms. Caddle
agreed. One of the specifications is that the property must be able to be subdivided.
Chairman Frye asked what the next step was in the process. Ms. Caddle stated that a Public
Hearing would need to occur.
Mr. Holden thanked the Planning staff and the Planning Board for all their hard work on this
project. It has been ongoing for a while.
Commissioner Rivenbark questioned why the building could only be 70% metal. Ms. Caddle
replied that the Planning Board didn’t want all metal buildings.
Fire Department Radio Purchases
Chief Gary McGee of Climax Fire Department explained the needs of five departments to
obtain a loan from the County to purchase radios that are mandated and must be in use by 2026.
The departments are Climax, Level Cross, New Hope, Julian, and Seagrove. The total for the
radios needed is $507,287. In the past, the County has loaned the Fire Departments money for
five years with no interest. Payments were due in February. They are requesting a similar
agreement this time.
Commissioner Allen asked if the Departments were current on their audits. Chief McGee said
his department had turned their audit in today. Mr. Massie replied that he thought the others had
turned theirs in as well.
Commissioner Allen feels an interest free loan sets a precedent for other not-for-profits to ask
for no interest loans.
Commissioner Haywood said the County has tried to be generous. She suggested that maybe
the Board could charge a small amount of interest.
Commissioner Rivenbark asked how long the radios would last. Chief McGee stated that their
lifespan was typically ten years and the cost seemed to double. He also said that according to his
12/2/24
audit, volunteers add up to a substantial amount of savings for citizens. Other not-for-profits
cannot say that.
Commissioner Rivenbark stated that fire departments don’t have a product to sell. The taxes
were the only way for the fire departments to gain revenue. No one wants taxes to go up.
On motion of Kidd, seconded by Rivenbark, it was proposed to approve the loan to the Fire
Departments, as presented, for a total of $507,287 with no interest.
Vice-Chairman Kidd said the Fire Departments are different from the average not-for-profit
because we want them there when we need them.
Commissioner Haywood commented that some departments had savings and investments. A
bank would not normally give a loan if you already had money.
Vice-Chairman Kidd stated he didn’t want to discriminate against the department that has saved
versus one that hasn’t.
Commissioner Allen isconcerned what will happen in the future with other not-for-profits
coming to ask for money. He requested to amend the motion on the table to add 2% interest.
On motion of Allen, seconded by Haywood, the Board voted 2-3 with Kidd, Rivenbark, and
Frye opposing to approve the loan to the Fire Departments, as presented, for a total of $507,287
+ 2% interest. The amendment fails.
On motion of Kidd, seconded by Rivenbark, the Board voted 3-2 with Allen and Haywood
opposing to approve the loan to the Fire Departments, as presented, for a total of $507,287 with
no interest.
NC Department of Agriculture Farmland Protection Grant
Adam Lawing, Cooperative Extension Livestock Agent, said North Carolina agriculture has an
economic impact of over $111 billion in the state. Randolph County plays a major role in that
economy. The market value of agriculture products sold in Randolph County is over $450 million
th
and ranks 9 in the state, according to the 2022 census of agriculture. Numbers from the census
show that 1,238 farms covered 131,301 acres in the county. From 2017 to 2022 the number of
farms dropped 10% and the total acres of farmland dropped 11%.
This grant will help fund a consultant to prepare an updated version of the Randolph County
Agriculture and Farmland Protection Plan. The last protection plan approved by the Board of
Commissioners dated back to June 6, 2011. Since then, there have been numerous changes to
residential and industrial growth in Randolph County. The updated plan will provide guidance for
government, industry, and community leaders in their efforts to preserve, enhance, and protect
Randolph County’s farm and forest land.
Commissioner Allen mentioned that another grant had been approved in the Consent agenda
for signs for the Voluntary Ag Districts.
12/2/24
On motion by Allen, seconded by Rivenbark, the Board voted 5-0 to accept the NC Department
of Agriculture Farmland Protection Grant in the amount of $17,000 and approve the associated
Budget Amendment, as follows:
2024-2025 Budget Ordinance
General Fund – Budget Amendment #47
Revenues Increase Decrease
Restricted Intergovernmental$17,000
Appropriations Increase Decrease
Cooperative Extension Service $17,000
VIPER Tower Bid Award
Jared Byrd, Deputy Chief of Emergency Services, stated on November 12, 2024, Randolph
County received bids (RFB# 24-1112) for the construction of a 390-ft self-supported
communications tower to be built on Commonwealth Rd. in Randleman. The tower will eventually
be equipped and added to the North Carolina Voice Interoperability Plan for Emergency
Responders (VIPER) network. This will provide emergency communication to law enforcement,
fire departments, and EMS in northern Randolph County closing a gap in traditionally poor radio
coverage along the Deep River valley. Please approve the use of American Rescue Plan Act
(ARPA) funds for completion of this construction project. This bid is just for the tower itself.
The following bids were received:
Vendor Bid
K-Co Enterprises $ 539,977.00
HICAPS $ 578,293.44
World Tower$ 627,394.00
After a thorough review, K-Co Enterprises, Inc. of Piedmont, SC, has been identified as the
most qualified vendor to undertake this critical infrastructure project. Their proven expertise in
constructing communication towers, coupled with competitive pricing, makes them an ideal
choice.
Commissioner Haywood asked if the County has worked with this company before. Deputy
Chief Bryd replied that the County has never built a tower but the consultant has worked with them
and was pleased with their performance.
Commissioner Rivenbark asked about lead times. Deputy Chief Byrd said he hoped it would
be started in the next couple of months.
On motion of Haywood, seconded byAllen, the Board voted 5-0 to approve the bid of K-Co
Enterprises in the amount of $539,977.
Annual Meeting with Asheboro City School Board
12/2/24
On motion of Kidd, seconded by Rivenbark, the Board voted 5-0 to set the meeting with the
Asheboro City School Board for February 13, 2025 at 6:00 p.m.
Annual Planning Retreat
On motion of Allen, seconded by Rivenbark, the Board voted 5-0 to set the Annual Planning
Retreat for February 20, 2025 with time and location to be determined.
County Manager’s Update
th
County Manager Zeb Holden reminded the Board of the December 19 meeting to close out
funds for ARPA. He also mentioned the new railings at the front that had been built by the Public
Buildings Department. They looked as if they had always been there. They did a phenomenal job.
Commissioners Updates
There were no updates.
Adjournment
At 7:48 p.m., on motion of Kidd, seconded by Rivenbark, the Board voted 5-0 to adjourn.
________________________________ ________________________________
Darrell Frye, Chairman Kenny Kidd
________________________________ _________________________________
David Allen Hope Haywood
________________________________ _________________________________
Lester Rivenbark Dana Crisco, Clerk to the Board
12/2/24
Attachment A
Darrell Frye, Chairman
RANDOLPH COUNTY
David Allen, Vice-Chairman
Kenny Kidd
BOARD OF COMMISSIONERS
Hope Haywood
_____________________________________
Lester Rivenbark
Randolph County Office Building 725 McDowell Road
Zeb Holden, County Manager
Asheboro, North Carolina 27205 Telephone 336-318-6301
Ben Morgan, County Attorney
Dana Crisco, Clerk to the Board
WHEREAS, the County of Randolph, North Carolina (the “County”) previously entered
into an Amended and Restated Joint Governmental Agreement dated August 4, 2016 (the “2016
Interlocal Agreement”), among the Piedmont Triad Regional Water Authority (the “Authority”)
and the following local governments: the County, the City of Archdale, North Carolina, the City
of Greensboro, North Carolina, the Town of Jamestown, North Carolina, the City of High Point,
North Carolina and the City of Randleman, North Carolina (collectively, the “Members”); and
WHEREAS, the Authority is preparing to issue its up to $130,000,000 Water System
Revenue Bond Anticipation Note, Series 2025 (the “2025 Note”) to Truist Commercial Equity,
Inc., as the purchaser thereof (the “Purchaser”), and such 2025 Note constitutes “Revenue
Bonds” within the meaning of the 2016 Interlocal Agreement; and
WHEREAS, the proceeds of the 2025 Note will be used to finance the costs of the
acquisition, construction, reconstruction, improvement, enlargement and betterment of a 26.7
MGD water treatment plant and facilities related thereto (the “2025 Project”) and pay certain
expenses in connection with the issuance of the 2025 Note; and
WHEREAS, in connection with the issuance of the 2025 Note and the financing of the
2025 Project, the Authority has determined to amend and restate 2016 Interlocal Agreement (as
amended and restated, the “Interlocal Agreement”) and such Interlocal Agreement has been
approved by the Board of Commissioners and shall be executed and delivered in connection with
the issuance of the 2025 Note.
BE IT RESOLVED by the Board of Commissioners of the County of Randolph, North
Carolina, as follows:
1. At the request of the Purchaser, and to induce the Purchaser to purchase the 2025
Note, the County confirms its approval of the Interlocal Agreement and confirms
its commitment to the Interlocal Agreement.
2. At the request of the Purchaser, and to induce the Purchaser to purchase the 2025
Note, the County acknowledges the following aspects of its obligations under the
Interlocal Agreement:
www.RandolphCountyNC.gov
a. Total estimated interest cost payable by the Authority over the life of the
2025 Note is $5,408,462. The County is required to pay a percentage of
this debt service. The County’s share of the 2025 Note interest cost under
the Interlocal Agreement is 5.02%, or a total of $271,478 with respect to
the 2025 Note (assuming the entire $130,000,000 principal amount of the
2025 Note is issued). The average annual interest cost payable by the
Authority on the 2025 Note is approximately $2,237,984; the County’s
5.02% share of average annual interest cost is approximately $112,336.
This is only an estimate; the actual annual payments may be higher or
lower. It is anticipated that payment of the outstanding principal amount of
the 2025 Note will be financed with revenue bonds. In the event such
revenue bonds are not issued, the County would be responsible for 5.02%
of the net debt service (including principal and interest) of the 2025 Note.
b. In addition, the County is contingently liable to pay up to 150% of its annual
debt service requirement on the 2025 Note upon a failure to pay by any
other Member. Increasing the County’s average annual interest cost on the
2025 Note to 150% produces the annual amount of approximately
$168,504. This is only an estimate; the actual annual payments may be
higher or lower.
c. The Interlocal Agreement also calls for the County to pay other amounts
toward the operation and maintenance of the Authority’s water utility
facilities, as more fully defined in the Interlocal Agreement.
d. The Interlocal Agreement provides that the County cannot make a pledge
or other commitment of its water and sewer system revenues to other
County contracts or debt service that would take precedence over the
commitment of those revenues to payments under the Interlocal
Agreement.
e. Under the Interlocal Agreement, the County is required to operate its
water and sewer system as an enterprise fund, to charge rates and fees
related to the water and sewer system such that sufficient revenues are
generated to pay all costs of operating and financing the County’s own
water and sewer system and to satisfy the County’s Payment Obligations
(as defined in the Interlocal Agreement) to the Authority. Under the
Interlocal Agreement, the County’s Payment Obligations include both the
requirements for debt service on the 2025 Note as described above, and
also payments to provide for the Authority’s operating expenses.
f. The Purchaser, as the owner of the 2025 Note, is authorized as a third-
party beneficiary under the Interlocal Agreement to enforce the County’s
covenants and obligations under the Interlocal Agreement, including those
described in the preceding paragraph. This means, for example, that the
Purchaser could require the County to raise rates, fees and charges for the
www.RandolphCountyNC.gov
County’s water and sewer system if the County was not operating the
system as required by the Interlocal Agreement.
3. This resolution shall become effective immediately upon its adoption.
___________________________________
Darrell Frye, Chairman
Randolph County Board of Commissioners
www.RandolphCountyNC.gov
Attachment B
Darrell Frye, Chairman
RANDOLPH COUNTY
David Allen, Vice-Chairman
Kenny Kidd
BOARD OF COMMISSIONERS
Hope Haywood
_____________________________________
Lester Rivenbark
Randolph County Office Building 725 McDowell Road
Zeb Holden, County Manager
Asheboro, North Carolina 27205 Telephone 336-318-6301
Ben Morgan, County Attorney
Dana Crisco, Clerk to the Board
RESOLUTION AUTHORIZING AND APPROVING BOND ANTICIPATION NOTES AND
THE AMENDMENT AND RESTATEMENT OF A JOINT GOVERNMENTAL
AGREEMENT
WHEREAS, the County of Randolph, North Carolina (the “County”) previously entered
into an Amended and Restated Joint Governmental Authority dated August 4, 2016 (as amended
and supplemented from time to time, the “Interlocal Agreement”), among the Piedmont Triad
Regional Water Authority (the “Authority”) and the following local governments: the County, the
City of Archdale, North Carolina, the City of Greensboro, North Carolina, the City of High Point,
North Carolina, the Town of Jamestown, North Carolina and the City of Randleman, North
Carolina (collectively, the “Members”); and
WHEREAS, the Interlocal Agreement sets forth, among other things, the Debt Service
Obligations (as defined in the Interlocal Agreement) of Members with respect to Revenue Bonds
(as defined in the Interlocal Agreement), as well as the other Payment Obligations (as defined in
the Interlocal Agreement) of Members;and
WHEREAS, pursuant to Article 5 of Chapter 159 of the North Carolina General Statutes,
as amended (the “Act”), a Bond Order Authorizing the Issuance of Water System Revenue Bonds
adopted on June 10, 2008 (as amended and supplemented from time to time, the “Bond Order”)
and a series resolution adopted June 10, 2008 (the “2008 Series Resolution”), the Authority
previously issued its $22,178,485 Piedmont Triad Regional Water Authority Water System
Revenue Bond dated June 12, 2008 (the “2008 Bond”) for the purpose of providing funds, together
with other available funds, to construct a 12 MGD water treatment plant and facilities related
thereto (the “2008 Project”); and
WHEREAS, pursuant to the Act, the Bond Order and a series resolution adopted June 8,
2012 (the “2012 Series Resolution”), the Authority previously issued its $22,178,485 Piedmont
Triad Regional Water Authority System Revenue Refunding Bond dated June 14, 2012 (the“2012
Bond”) for the purpose of providing funds, together with other available funds, to prepay and
refund the entire outstanding principal amount of the 2008 Bond and pay certain expenses of
issuing the 2012 Bond; and
WHEREAS, pursuant to the 2012 Series Resolution, Article III of the Bond Order was
amended to provide for the issuance, from time to time, of Additional Bonds (as defined in the
Bond Order) payable from the same funds as previously-issued Bonds (as defined in the Bond
Order) for the purpose of providing funds, with any other available funds, for paying the cost of
System Improvements (as defined in the Bond Order); and
www.RandolphCountyNC.gov
WHEREAS, pursuant to Section 7 of Article III of the Authority’s bylaws (the “Bylaws”),
alterations of the allocation of water or the level or percentage of financial participation of
Members must be approved by the governing boards of each Member; and
WHEREAS, the Authority has determined to finance the costs of the acquisition,
construction, reconstruction, improvement, enlargement and betterment of a 26.7 MGD water
treatment plant and facilities related thereto (the “2025 Project”) and such 2025 Project will
constitute System Improvements under the Bond Order; and
WHEREAS, the Authority has determined to authorize the issuance of its Piedmont Triad
Regional Water Authority Water System Revenue Bond Anticipation Note, Series 2025 (the “2025
Note”), to be issued in anticipation of water system revenue bonds, in an amount not to exceed
$130,000,000, pursuant to Section 159-161 et. seq. of the North Carolina General Statutes, as
amended, the Act and the Bond Order, for the purpose of (a) financing a portion of the cost of the
2025 Project and (b) paying certain costs and expenses incurred in connection with the issuance
of the 2025 Note; and
WHEREAS, the 2025 Note will constitute Additional Bonds under the Bond Order and
Revenue Bonds under the Interlocal Agreement; and
WHEREAS, the Authority and some or all of the Members are involved in litigation and
other disputes or claims concerning per and polyfluoroalkyl substances (PFAS) and other
emerging compounds (collectively, the “PFAS Claims”); and
WHEREAS, pursuant to Section 7 of the Interlocal Agreement, the Authority has
determined to amend and restate the Interlocal Agreement (a) in connection with the issuance of
the 2025 Note and (b) in order to provide that any proceeds resulting from the settlement or other
disposition of PFAS Claims related to the Authority’s source water and water treatment facilities
are the property of the Authority and shall be paid and delivered to the Authority whether or not
initially received by any Member; and
WHEREAS, there have been available at this meeting, forms of the following:
1. a series resolution to be adopted by the Authority in connection with the issuance
of the 2025 Note (the “2025 Series Resolution”), including the form of 2025 Note
contained therein; and
2. an Amended and Restated Joint Governmental Agreement to be dated as of January
1, 2025 (the “Amended and Restated Interlocal Agreement”), including the exhibits
thereto; and
WHEREAS, the Board of Commissioners (the “Board of Commissioners”) for the County
wishes to approve (a) the issuance of the 2025 Note, (b) the corresponding alterations of allocation
of water and level or percentage of participation of the County pursuant to the Interlocal
Agreement and (c) the amendment and restatement of the Interlocal Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County
as follows:
www.RandolphCountyNC.gov
1. The Board of Commissioners hereby approves the issuance and sale of the 2025
Note, to be issued in anticipation of water system revenue bonds, by the Authority.
The 2025 Note shall mature in such amounts at such times and shall bear interest
at such rates as provided in the 2025 Series Resolution; provided, however, that
the aggregate principal amount of the 2025 Note shall not exceed $130,000,000.
The 2025 Note shall be issued in fully registered form in such denominations as set
forth in the 2025 SeriesResolution and payments of principal and interest with
respect to the 2025 Note shall be made by the Authority to the registered owner of
the 2025 Note at such times and in such manner as is set forth in the 2025 Series
Resolution.
2. The Amended and Restated Interlocal Agreement, including the exhibits thereto, in
the form submitted to this meeting, is hereby approved, and the Chair of the Board
of Commissioners, the Clerk to the Board of Commissioners and the Assistant
County Manager/Finance Officer for the County (each, an “Authorized Officer”)
are hereby authorized and directed to execute and deliver such document, on behalf
of the County, with such changes, insertions or omissions as may be approved, the
execution thereof by an Authorized Officer to constitute conclusive evidence of such
approval.
3. The 2025 Series Resolution, in the form submitted to this meeting, is hereby
approved in substantially such form, with such changes, insertions or omissions as
may be approved by the Authority.
4. The Chair of the Board of Commissioners, the County Manager, the Assistant
County Manager/Finance Officer, the Clerk to the Board, the County Attorney, and
the Associate County Attorney are each hereby authorized to take any and all such
further action and to execute and deliver such other documents as may be necessary
or advisable to carry out the intent of this Resolution.
5. All actions of the County effectuating the purposes of this Resolution are hereby
approved, ratified, and authorized pursuant to and in accordance with the
transaction contemplated by the documents referred to above.
6. This Resolution shall become effective immediately upon its adoption.
___________________________________
Darrell Frye, Chairman
Randolph County Board of Commissioners
www.RandolphCountyNC.gov
DRAFT
PIEDMONT TRIAD BROWNFIELDS
ASSESSMENT COALITON
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement (“MOA”) is between the PIEDMONT TRIAD REGIONAL COUNCIL (the
“PTRC”), RANDOLPH COUNTY and the CITY OF EDEN (“Eden”).
This AGREEMENT is effective for 5 years after the date of signature or the end of a cooperative agreement with
EPA, whichever comes sooner. The Coalition may extend the terms of the MOA at its own discretion.
This MOA documents the roles and responsibilities of the various parties involved in the Assessment Coalition
with regard to FY 25 Brownfields Assessment Coalition grant request.
1.On or before November 14, 2024, the Lead Coalition Member - PTRC will submit a Coalition
Assessment grant request to the EPA. If awarded the PTRC is responsible to EPA for management of
the cooperative agreement and compliance with the statutes, regulations, and terms and conditions of
the award, and ensuring that all members of the coalition are in compliance with the terms and
conditions.
2.It is the responsibility of PTRC to provide timely information to the other Coalition Partners regarding
the management of the cooperative agreement and any changes that may be made to the cooperative
agreement over the period of performance.
3.The non-lead Coalition Members are Randolph County and the City of Eden . The contact information
for all coalition members are as follows:
Piedmont Triad Regional Council, Regional Planning Director (Lead)
Jesse Day, Project Director
Phone Number 336-904-0300
Email Address: jday@ptrc.org
Randolph County, Assistant County Manager
William Johnson, Project Manager
Phone Number: 336-318-6619
Email Address: William.Johnson@randolphcoutnync.gov
City of Eden, Planning and Community Development Director
Kelly Stultz, ProjectManager
Phone Number: 336-623-2110
Email Address: kstultz@edennc.us
4.Activities funded through a future cooperative agreement may include inventory preparation, site
selection criteria development, assessments, area or redevelopment planning (including cleanup planning)
relating to brownfield sites, and outreach materials and implementation, and other eligible activities.
PTRC will retain consultant(s) and contractors under 2 CFR 200.317-326 to undertake various activities
funded through the cooperative agreement and may award subgrants to other coalition members under 2
CFR 200.330 for assessment projects in their geographic areas. Subgrantees are accountable to PTRC for
proper expenditure of funds.
5.The PTRC will procure consultant(s) in compliance with 2 CFR 200.317-326 requirements. The
PTRC will issue the Request for Proposals or Request for Qualifications and will be the entity
responsible for receipt of the submitted proposals and selection and award of contracts. PTRC will
consult with other coalition members in making selections of consultants and contractors and
DRAFT
negotiating the terms of agreements.
6.The PTRC, in consultation with the coalition members, will work to develop a site selection process
based on agreed upon factors and will ensure that sites assessed over the life of the cooperative
agreement are eligible and the owners have intentions of putting the sites into productive use.
Selected sites will be submitted to EPA for prior approval to ensure eligibility. Additional sites across
the Piedmont Triad region may petition the Coalition for site assessment work as resources are
available and upon approval by the original coalition.
7.Upon designation of the specific sites, it is the responsibility of PTRC to work with the coalition
member in whose geographic area the site is located to finalize the scope of work for the consultant or
contractor. It will be the responsibility of this member to obtain all required permits, easements,
and/or access agreements as may be necessary to undertake assessments at the selected site. If this
member does not have the capacity to perform these activities PTRC may assist in securing necessary
site access agreements and permits.
8.The PTRC is responsible for ensuring that other activities as negotiated in the workplan, such
as community outreach and involvement, are implemented in accordance with a schedule
agreed upon by PTRC and the coalition member in whose geographic area the site (s) to be
assessed is located.
Agreed:
Piedmont Triad Regional Council Lead Coalition Member, December __, 2024
Randolph County Non-Lead Coalition Member, December __, 2024
City of Eden Non-Lead Coalition Member, December __, 2024
Attachment D
NORTH CAROLINA
RANDOLPH COUNTY
AGREEMENT
COUNTY OF RANDOLPH FOR PROGRAM INCOME
AND
CITY OF RANDLEMAN
nd
THIS AGREEMENT, made and entered into this 2 day of December, 2024 by and
between the County of Randolph, a political subdivision of the State of North Carolina
WITNESSETH
WHEREAS, the County
established pursuant to Sections 602 and 603 of the Social Security Act, as added by Section
9901 of the American Rescue Plan Act of 2021, Pub. L. No. 117- (these funds
WHEREAS, the County is using a portion of its ARPA Funds to construct a sewer line
in the City traveling up I-74 Highway ; and
WHEREAS, the County will own the Line, but the City will operate, and maintain the
Line until on or about January 1, 2027; and
WHEREAS, on or after January 1, 2027, full and total responsibility and ownership of
the Line will be conveyed to the City; and
WHEREAS, it is expected that the Line will be operational before January 1, 2027; and
WHEREAS, because this Line is being constructed with Federal funds, the gross income
generated by the Line, including income from any sewer customers utilizing the Line, is
the ARPA Award in accordance with 2 CFR 200.307; and
WHEREAS, until the Line is conveyed to the City, the City will keep record of and
submit the Program Income to the County as provided herein; and
WHEREAS, until the line is conveyed to the City, the City will manage and maintain the
Line, and the County will compensate the City for said management and maintenance as
Page 1 of 5
Attachment D
provided herein.
NOW, THEREFORE, for valuable consideration and the mutual covenants exchanged
between the parties hereto, it is agreed as follows:
Section 1. Responsibilities of the City
1. The City agrees to take full responsibility for the operations, maintenance, permits,
contracts, agreements, allocations, customers, and any other aspects of the Line as soon
as the line becomes operational.
2. The City agrees to remit Program Income generated by the Line to the County on or
th
about the 15 day of each month, said remittance to be equal to the Program Income
earned the previous month . With each
payment, the City shall submit copies of customer bills supporting the amount of the
payment. The final payment shall be made on or about January 15, 2027.
3. The City agrees to take responsibility for any and all customers of the Line at all times
Section 2. Responsibilities of the County
1. The County agrees to an orderly and permanent transfer of responsibility for the
ownership, operation, maintenance, management, and financing of the Line to the City on
or about January 1, 2027.
2. The County will compensate the City for maintenance and operation of the Line. Said
maintenance payments shall be made monthly for maintenance occurring the previous
month,
Each payment shall be
equal in amount to the Program Income payments referenced in Section 1, Paragraph 2
payment from the City and shall continue until final payment in January 2027.
Section 3. Term/Termination.
1. This Agreement shall become effective on December 19, 2024 and shall continue in force
and effect until the Line is transferred to the City and final payments under Sections 1
and 2 above.
Section 4. Indemnification.
1. The City will indemnify and save harmless the County from and against any and all suits,
actions, legal proceedings, claims, demands, damages, costs, expenses, and reasonable
the City, its
employees or agents in the performance of services under this Agreement; provided
Page 2 of 5
Attachment D
however that the City shall not be obligated to indemnify the County from and against
any suits, actions, legal proceedings, claims, demands, damages, costs, expenses or
any of its officers, agents, employees or contractors; and
2. The County will indemnify and save harmless the City from and against any and all suits,
actions, legal proceedings, claims, demands, damages, costs, expenses, and reasonable
its employees or agents in the performance of services under this Agreement; provided
however that the County shall not be obligated to indemnify the City from and against
any suits, actions, legal proceedings, claims, demands, damages, costs, expenses or
the City, or
any of its officers, agents, employees or contractors.
Section 5. General Provisions.
1. The parties hereto agree that this Agreement shall not be modified, amended, or
terminated without the prior written consent of all the parties.
2. The parties hereto agree that this Agreement may not be assigned without the prior
written consent of both the County and the City. The parties hereto represent and warrant
that the terms and conditions herein are binding upon, enforceable against, and shall inure
to the benefit of the parties hereto and their successors in interest or assigns.
3. In the event that any paragraph or part of this Agreement is held to be void or
unenforceable under any law or regulation, all other paragraphs and subparagraphs hereof
shall be deemed severable and remain in full force and effect.
4. Any controversy or claim arising out of this Agreement shall be settled by an action
initiated in the appropriate division of the General Court of Justice in Randolph County,
North Carolina.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
under seal as of the day and year first above written.
COUNTY OF RANDOLPH
(SEAL)
Attest: By:
Darrell Frye, Chairman
Randolph County Board of
Commissioners
________________________________
Dana Crisco, Clerk to the Board
Page 3 of 5
Attachment D
This document has been preaudited in the manner required by the Local Government Budget and
Fiscal Control Act.
____________________________
William Massie, Randolph County Finance Officer
NORTH CAROLINA
RANDOLPH COUNTY
I, a Notary Public of the County of Randolph, State of North Carolina, do hereby certify
that Dana Crisco, who is personally known to me, appeared before me this day and
acknowledged that she is the Clerk to the Board for the County of Randolph and that, by
authority duly given and as the act of the County of Randolph, the foregoing instrument
was voluntarily executed on behalf of the County by Darrell Frye, the Chairman of its
Board of Commissioners, sealed with
Clerk to the Board for the purposes stated therein.
Witness my hand and official stamp or seal, this day of _______________, 2024.
Notary Public
Printed Name of Notary: ________________________________
My Commission expires: ________________________________
\[The remainder of this page has been intentionally left blank.\]
Page 4 of 5
Attachment D
CITY OF RANDLEMAN
(SEAL)
Attest: By:
Gary B. Betts
Mayor of Randleman
Connie M. Peeler, City Clerk
This document has been preaudited in the manner required by the Local Government Budget and
Fiscal Control Act.
____________________________
Elizabeth Sechriest, City of Randleman Finance Officer
NORTH CAROLINA
RANDOLPH COUNTY
This is to certify that on the _____ day of __________________, 2024, personally came
before me Connie M. Peeler, Clerk of the City of Randleman, who, being by me duly
sworn, says that she knows the common seal of the City of Randleman and she is
acquainted with Gary B. Betts, Mayor of City of Randleman, and that she saw the Mayor
signed her name in attestation of the execution of this instrument in the presence of the said
Mayor.
Witness my hand and official seal, this the _____ day of ______________, 2024.
______________________________________
Notary Public
Printed Name of Notary: ___________________________
My Commission Expires: __________________________
Page 5 of 5