010218January 2, 2018
The Randolph County Board of Commissioners met in regular session at 6:00 p.m. in the
1909 Randolph County Historic Courthouse Meeting Room, 145 Worth Street, Asheboro, NC.
Commissioners Allen, Frye, Haywood, Kidd and McDowell were present. Also present were
County Manager Hal Johnson; Finance Officer Will Massie; County Attorney Ben Morgan;
Amanda Varner, Clerk to the Board; and Dana Crisco, Deputy Clerk to the Board. Dr. Bob
Shackleford gave the invocation and everyone recited the pledge of allegiance.
Special Recognitions
The reigning Miss Randolph County Shyquel Allison and Miss Randolph County's
Outstanding Teen Sydney LaFollette introduced themselves and each spoke about their platforms
and some of the activities they've already been involved in since their crowning in October.
Retirement Recognition
Major JoAnn Sapp retired on November 30, 2017, with 25 years of service to the Sheriff's
Office. Ms. Sapp was recognized by Sheriff Robert Graves, after which, Chairman Allen
presented Ms. Sapp with an engraved clock on behalf of the Board.
Public Comment Period
Pursuant to N.C.G.S. § 153A-52.1, Chairman Allen opened the floor for public comment.
County Attorney Ben Morgan read aloud the Public Comment Rules of Procedure.
Bobby Thompson, 1876 Palomino Dr., Asheboro, spoke in opposition to County
participation in the litigation against the opioid manufacturers and distributors. He said his
daughter is addicted to opioids and he and his entire family have been affected for the last 16
years. He stated that the physicians and individuals should be responsible for the addiction and a
lawsuit was just "a money grab" by the lawyers.
Consent Agenda
Commissioner McDowell made a motion to amend the Consent Agenda and remove the
1214117 closed session minutes for consideration at a later time. Commissioner Kidd seconded
the motion and the Board voted unanimously to approve the Consent Agenda, as amended and as
follows:
• reappoint Keith Davis to the Randolph County EMS Peer Review Committee;
• reappoint Donald Strider to the Seagrove-UlahMetropolitan Water District;
• reappoint Kemp Davis, Randall Spencer, W. Joe Allen, Linda R. York, Roger Pritchard, and
Thomas Lawrence to the Voluntary Agricultural District Advisory Board;
• approve Budget Amendment for Public Health received Grant from National Association
of County and City Health Officials ($8, 000), as follows;
2017-2018 Budget Ordinance
General Fund—Budget Amendment #19
Revenues Increase Decrease
Restricted Intergovernmental $ 8,000
Appropriations Increase Decrease
Public Health $ 8,000
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• accept bequest of $49,000 to the Library Trust Fund;
• appoint Sue Spencer to the Library Board of Trustees to replace Cathy Baiden (resigned);
• appoint Phyllis Bell to the Nursing Home Committee;
• approve Budget Amendment –2017 Wellness Incentive Grant (CIGNA $15,000), as follows:
2017-2018 Budget Ordinance
General Fund—Budget Amendment #20
Revenues Increase Decrease
Miscellaneous $ 15,000
Appropriations Increase Decrease
Administration $ 15,000
Presentation of Annual Audit Report
Eddie Burke, Engagement Partner with Cherry Bekaert LLC, presented and reviewed the
County's Comprehensive Annual Financial Report for year ending June 30, 2017. He stated
there were no adjustments to journal entries, no significant deficiencies were identified and said
the firm gave the County an unmodified "clean" opinion, which is the highest level of findings,
and commended the County's Finance Office staff for their work and assistance.
Opioid Advisory Council Update and Communitv Health Paramedic Initiative
Public Health Director Susan Hayes explained that the Randolph County Opioid Community
Collaborative was established in February 2017. The aim of this collaborative is to act as a
forum for collaboration, advocacy, action, education and awareness around the community
opioid crisis. The meetings provide an environment where planning and implementation of
strategies to decrease the burden of opiate drug misuse, abuse and overdose in Randolph County
can be nurtured and fulfilled.
To date, this collaborative has met eight times. At these meetings, data is shared regarding
the situation in Randolph County. Also shared is information about resources and gaps in
There have been several partnerships borne out of this collaborative. Below is a list of some
of the initiatives that have taken place so far.
• EMS provided training for the Sheriff's Office to begin carrying naloxone.
• Public Health worked with Insight Human Services and Project Lazarus to offer Lock
Your Meds campaign information.
• Healthy Randolph partners implemented the Substance Abuse Mental Health Services
Administration's Community Conversations on Mental Health Toolkit to New Horizons
Treatment Center.
• Prevo Drug and Public Health are partnering to establish a Medication Drop Box
initiative.
• Public Health and CommUNITY Hope Alliance are partnering to increase community
awareness and harm reduction.
• Treatment Accountability for Safer Communities (TASC) and Public Health are
partnering to ensure access to emergency dental treatment for TASC clients.
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• Public Health, Asheboro City Schools and Randolph County Schools are partnering to
implement drug prevention education programs aimed at both parents and students.
• Public Health is also working with other partners around grant funding for community
education opportunities.
• EMS and Public Health are partnering to create a team approach to confronting the opioid
crisis utilizing a Community Health Paramedic and Health Educator to offer education,
resources and harm reduction strategies for victims of drug addiction.
Emergency Services Director Donovan Davis said according to the National Institute on Drug
Abuse "every day, more than 90 Americans die after overdosing on opioids. The misuse of and
addiction to opioids — including prescription pain relievers, heroin, and synthetic opioids such as
fentanyl — is a serious national crisis that affects public health as well as social and economic
welfare." The Centers for Disease Control and Prevention "estimates that the total `economic
burden' of prescription opioid misuse alone in the United States is $78.5 billion a year, including
the cost of healthcare, lost productivity, addiction treatment, and criminal justice involvement."
Locally, this crisis can be described as demanding to the public safety and public health
agencies, burdensome, and an overall dilemma for the citizens of Randolph County.
Since April 1, 2017, Emergency Services has been tracking how this crisis is affecting public
safety and public health here in Randolph County. As of December 15, 2017, there have been 28
suspected overdose deaths and nearly 200 EMS responses. Since January 1, 2017, there have
been over 350 calls related to heroin and other illegal drugs requiring the response of law
enforcement, fire and EMS. Furthermore, a state representative recently said that Randolph
County's opioid calls, per capita, are equal to that of the Charlotte/Mecklenburg County area.
Although this crisis is overwhelming, it has fashioned constructive challenges for EMS,
Public Health, fire departments and law enforcement to play a more important and active role
beyond resuscitating victims. Working with community partners, EMS is developing innovative
methods to address the problem and stop overdoses before they occur.
For example, primary response to a 9-1-1 overdose call will always include a resuscitative
focus. However, once the victim is revived, EMS wants to provide them with follow-up support.
Beginning in January, on -scene paramedics will offer a warm handoff to a Community Health
Paramedic and a Public Health Educator who will direct willing victims of drug addiction in
navigating their way to recovery services here in Randolph County and across North Carolina.
Victims who are unwilling or unable to quit at that moment will be offered a variety of harm
reduction alternatives to encourage safer use of drugs. This will include directing them to
locations where they can obtain clean needles or advising the victim and their friends and family
members on techniques to minimize the risk of dying from an overdose (e.g. educate them on
proper naloxone administration). It is important to recognize that the Community Health
Paramedic and Public Health Educator will be adding this service as an unfunded addition to
their current responsibilities. To combat and ultimately attempt to abate the opioid crisis here in
Randolph County will require future funding to support initiatives such as this.
Through this new initiative, 113 naloxone kits from the NC Office of EMS are available to
distribute. The kits were received because Randolph County EMS has been identified as one of
the top users of Narcan in the state.
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"Regardless of the circumstance that brings someone to rely on heroin and/or other legal or
illegal substances, they are held hostage to something that almost always has a bad outcome for
them, their family and friends."
Approval of Resolution Declaring Opioid Crisis a Public Nuisance and Consideration of
Litigation
County Manager Hal Johnson said the information provided by the Director of Public Health
Susan Hayes and Emergency Services Director Donovan Davis reflects the proactive public
health initiatives impacts of the opioid epidemic in Randolph County to law enforcement and
emergency services.
Several counties in North Carolina have retained specialized legal services to begin litigation
in an attempt to recover damages experienced because of the opioid crisis. Mr. Johnson said this
proposed litigation is not intended to end the legally prescribed use of opioids authorized by a
medical professional for the management of pain. Litigation will be at no cost to Randolph
County. Attorney compensation would come out of recovery, if any.
Mr. Johnson introduced Attorney Michael Fox, Tuggle & Duggins Attorneys at Law,
Greensboro. He said Mr. Fox represents a consortium of national and local attorneys that are
involved in attempting to recover damages from the opioid crisis.
Mr. Michael Fox, Tuggle & Duggins Attorneys at Law, introduced Attorney Paul Coates of
Pinto Coates Kyre & Bowers Attorneys and Attorney Ben Atwater, Atwater Law Firm, as part of
the litigation team. Mr. Fox provided background on this crisis and the possible litigation
opportunities. He spoke about the different aspects of the opioid crisis. He suggested some
options of litigation to potentially recoup some funds to help pay for treating the crisis. The
emphasis, he said, would be on litigation against the manufacturers and distributors "at the top of
the food chain" who have already made billions of dollars selling these drugs and violating the
regulations in the process.
Mr. Fox said that the focuses of the lawsuit would be public nuisance, negligence, and RICO
(acting in a criminal enterprise) on the parts of those manufacturers and distributors. He
explained that this approach could not only help fund ongoing treatment programs, it would also
require the manufacturers and distributors to help "fix the problem."
Mr. Fox said that this is an individual lawsuit with multi -district litigation, not a class action
suit. This would allow Randolph County to act on its own with local attorneys but have the
benefit of the knowledge and resources of a large group of attorneys across the United States.
The fee arrangement would be a contingency fee only paid if Randolph County is satisfied with
the result.
Commissioner Frye asked about the process if Randolph County agreed to the litigation. Mr.
Fox said the attorneys would file on behalf of the County then start the fact finding phase.
Commissioner Haywood voiced his concern over the State of NC potentially taking any
settlement money from Randolph County and paying it out as they feel best. He also asked what
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would be the stated purpose of the lawsuit. Mr. Fox responded that the purpose was to have
those companies court ordered to stop the nuisance, discontinue their current practices, and pay
costs of damages and future expenses. Commissioner Haywood asked how long it could take to
process this lawsuit and suggested two to four years. Mr. Fox agreed that two to four years
wouldn't be out of line. Commissioner Haywood asked if the "STOP act" would enter into
litigation to make it "work." The attorneys said that they are in the early stages of discovery and
were not sure. Commissioner Haywood inquired as to which manufacturers and distributors will
be named, all or just "the big three." The attorneys said at this point "the big three" but as there
are more facts found during discovery, that could change.
On motion of Haywood, seconded by Kidd, the Board voted unanimously to adopt a
resolution declaring the opioid crisis a public nuisance in Randolph County, as presented and
contained in the following resolution:
RESOL UTION DECLARING THE OPIOID CRISIS A PUBLIC NUISANCE
INRANDOLPH COUNTY
WHEREAS, Randolph County Board of Commissioners has the authority to adopt
resolutions with respect to County affairs of Randolph County, North Carolina, pursuant
to North Carolina General Statutes 153A-121;
WHEREAS, the Randolph County Board of Commissioners has the authority to take
action to protect the public health, safety, and welfare of the residents and citizens of
Randolph County;
WHEREAS, there exists a serious public health and safety crisis involving opioid
abuse, addiction, morbidity, and mortality in Randolph County;
WHEREAS, the diversion of legally produced controlled substances into the illicit
market causes or contributes to the serious public health and safety crisis involving
opioid abuse, addiction, morbidity, and mortality in Randolph County;
WHEREAS, the opioid crisis unreasonably interferes with rights common to the
general public of Randolph County; involves a significant interference with the public
health, safety, peace, comfort, and convenience of citizens and residents of Randolph
County; includes the delivery of controlled substances in violation of State and Federal
law and regulations; and therefore, constitutes a public nuisance;
WHEREAS, the opioid crisis is having an extended and far reaching impact on the
general public, health, and safety of residents and citizens of Randolph County and must
be abated;
WHEREAS, the violation of any laws of the State of North Carolina, or of the United
States of America controlling the distribution of a controlled substance is inimical,
harmful, and adverse to the public welfare of the residents and citizens of Randolph
County constituting a public nuisance;
WHEREAS, the Randolph County Board of Commissioners has the authority to
abate, or cause to be abated, any public nuisance including those acts that unreasonably
interfere with rights common to the general public of Randolph County and/or involve a
significant interference with the public health, safety, peace, comfort, and convenience of
citizens and residents of Randolph County;
WHEREAS, Randolph County has expended, is expending, and will continue to
expend in the future, County funds to respond to the serious public health and safety
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crisis involving opioid abuse, addiction, morbidity, and mortality within Randolph
County; and
WHEREAS, the Randolph County Board of Commissioners have received
information that indicates that the manufacturers and wholesale distributors of
controlled substances have distributed in areas surrounding Randolph County, North
Carolina, and may have violated Federal and/or State laws and regulations that were
enacted to prevent the diversion of legally produced controlled substances into the illicit
market.
NOW, THEREFORE, BE IT RESOLVED by the Randolph County Board of
Commissioners, assembled on this 2nd day ofdanuary 2018 at which a quorum is present,
that based upon the above, the Randolph County Board of Commissioners are declaring
the opioid crisis a public nuisance which must be abated for the benefit of Randolph
County and its residents and citizens.
BE IT FINALLY RESOLVED that all resolutions that are inconsistent with this
resolution are rescinded.
Litigation Approval for the Opioid Crisis
On motion of Frye, seconded by Haywood, the Board voted unanimously to engage attorneys
for litigation against manufacturers and distributors of opioids.
Economic Development—Public Hearing Proiect ESP -Engineered Steel Products
Kevin Franklin, VP EDC Economic Development, said Engineered Steel Products was
founded in 1989 as a structural steel fabricator. The company occupies a 25,000 square foot
facility at 4977 Plainfield Road in Sophia, which it constructed in 1998. The company was
acquired three years ago and has seen consistent growth under the new owners with the addition
of approximately 15 employees and the addition of a stairs and rails division. The company has
now outgrown its facility and is planning to expand its production area by approximately 15,000
square feet.
The expansion will accomplish two objectives:
1) Increase structural steel capacity. Currently, they have two full shifts (day and night) that
are fully staffed, yet demand is higher than current production levels can supply.
2) Accommodate recent business expansion and growth of stairs and rails division. The
company currently has four employees working offsite at another leased facility. This
proposed expansion will bring all employees and production into the main facility.
Based on a commitment to create and retain ten new jobs associated with the expansion,
Engineered Steel Products is eligible for an NC Commerce Building Reuse Grant of up to
$125,000 ($12,500 per job) to offset capital investment of $620,000. The average wage of the
new jobs will be $35,360. NC Commerce has reviewed a pre -application for this project and has
invited submission of a full grant application. A unit of local government must serve as the grant
applicant. Since Engineered Steel is located in an unincorporated area of Randolph County, the
County would serve as the applicant. The grant requires a 5% local cash match of up to $6,250 if
the full $125,000 request is funded. Based on anticipated additional tax revenue generated by the
proposed project, Randolph County would realize return of its cash match in less than two years.
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The grant application is due January 11th and award announcements are scheduled for
February 22nd. If the application is successful, Engineered Steel will begin construction in early
March and hope to complete the expansion by the fall.
Grant submission requires approval of an authorizing resolution and commitment to the 5%
local government match previously referenced. The EDC requests that the Board of
Commissioners approve both items this evening.
At 8:09 p.m., the Board adjourned to a duly advertised public hearing to receive public
comment on the requested funds from the County for the economic development on behalf of
Engineered Steel Products.
Adam Duggins, 4977 Plainfield Rd., Sophia, spoke in favor of the building reuse grant for
Engineered Steel Products. As a new co-owner of the company, he said that the demand has far
exceeded production and they need to add more employees to fabricate more product.
Hearing no further comments the public hearing was closed.
On motion of McDowell, seconded by Haywood, the Board voted unanimously to adopt a
resolution approving and detailing the County's participation in economic incentives for
Engineered Steel Products, as presented and contained in the following resolution:
RESOL UTION A UTHORIZING THE CO UNIT OF RANDOLPH TO APPLYFOR A
BUILDING REUSE GRANT AND TO PROVIDE THE LOCAL MATCH GRANT
REQUIREMENT FOR THE ENGINEERED STEEL PRODUCTS, LLC
ECONOMIC DEVELOPMENT PROJECT
WHEREAS, Section 158-7.1 of the North Carolina General Statutes authorizes a
county to undertake an economic development project by extending assistance to a
company in order to cause the company to locate or expand its operations within the
county; and
WHEREAS, the North Carolina General Assembly has authorized funds to be used
for stimulating economic development and job creation; and
WHEREAS, Engineered Steel Products, LLC ("Engineered Steel') has stated its
commitment to invest six hundred twenty thousand dollars ($620, 000.00) to expand and
renovate its facility at 4977 Plainfield Road in Sophia and to create ten (10) new full-
time jobs with an average annual salary of thirty-five thousand three hundred sixty
dollars ($35,360. 00) in Randolph County; and
WHEREAS, the County of Randolph is the filing, by the County, of an application
with the North Carolina Department of Commerce for a Building Reuse Grant on behalf
of Engineered Steel; and
WHEREAS, said Grant requires a 5% local match from the local government making
application; and
WHEREAS, the amount of the Grant that Engineered Steel is eligible for is up to one
hundred twenty-five thousand dollars ($125, 000.00), requiring a local match of up to six
thousand two hundred fifty dollars ($6,250.00); and
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WHEREAS, the Board of Commissioners of Randolph County has held a public
hearing to consider whether to participate in this project by applying for the grant and, if
awarded, by providing the requested local match of up to six thousand two hundred and
fifty dollars ($6,250.00); and
WHEREAS, upon the completion by Engineered Steel of this expansion project,
Engineered Steel will have expended six hundred twenty thousand dollars ($620, 000.00)
to expand and renovate the facility in the County that it currently occupies and will have
created a minimum of ten (10) new full-time jobs in the County; and
WHEREAS, this economic development project will stimulate and stabilize the local
economy, promote business in the County, and result in the creation of a number of jobs
in the County; and
WHEREAS, the County has in its General Fund available revenues sufficient to fund
this economic development project;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of
Randolph County, this 2nd day of Ianuary, 2018, as follows:
Section 1. The County is authorized to apply for a North Carolina
Building Reuse Grant from the North Carolina Department of Commerce for the
Engineered Steel Products, LLC expansion project as detailed herein.
Section 2. The County is authorized to expend up to six thousand two
hundred fifty dollars ($6,250.00) of County funds to provide the required local
match for the above -referenced Building Reuse Grant applied for on behalf of
Engineered Steel Products, LLC by the County.
Northgate Complex Renovation
Paxton Arthurs, Engineer, stated that last month, Robert Carmac, Smith Sinnett Architecture,
came before the Board and presented a plan to renovate the Northgate Complex for use by the
Board of Elections, the Day Reporting Center, and Randolph County Probation and Parole (a
state agency for which we have responsibility to provide space). The fastest growing of these
three agencies is Probation and Parole; their staff has indicated that this plan would serve their
needs for the next 10 — 15 years.
To proceed with this project, there is a nominal amount of demolition which will need to take
place. This work could be included in the construction work; however, by moving forward with this
work ahead of the construction, it would expose any unknown conditions in advance so that they can
be dealt with during design. The expense associated with this work is available in the funds that have
already been approved as part of the initial purchase.
Finance Officer Will Massie gave an update on funding for these projects. He said debt financing
the entire project, in addition to all of the other capital projects (i.e. jail, school additions), could hinder
the ability to borrow money for everything at one time. Another concern, he explained, is the amount
of construction projects occurring in the area at once creating a situation where the County could be
competing against itself for good bids.
Commissioner Frye said he was concerned about the initial quote for the Northgate Complex being
so high with all of the other projects that needed to be funded as well. Mr. Massie restated that timing
was important with both financing and contract bids. Trying to be aggressive with funding projects
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could make them more costly. It would be more affordable to spread the costs across a period of time
once debt service is determined.
Chairman Allen stated that prioritizing all of the capital projects would be a good discussion for the
planning retreat.
The Commissioners expressed their concerns about going forward with the Northgate project
without prioritizing all the projects now. Mr. Massie recommended that the Commissioners consider
accepting the plans by Smith Sinnett Architecture and authorize the County to proceed with bidding
only demolition work for the Northgate Complex project.
Mr. Arthurs commented that Mr. Carmac had trimmed down costs since the previous meeting by
reducing some mechanical expenses and furniture costs for an estimate of approximately $4.6 million.
Mr. Carmac said that if demolition was done first, we would know what we are faced with before the
design phase and potential costs could come down even further.
On motion of Kidd, seconded by McDowell, the Board voted unanimously to accept the plans for
the Northgate Complex project as designed by Smith Sinnett Architecture and authorize the County to
proceed with the bidding of the demolition work for this project.
Approval of Purchase of Property and Related Budget Amendment
Hal Johnson, County Manager, said in October 2017, the County became aware that the 4,560
square foot First Bank building located at 176 N. Fayetteville St, Asheboro, would likely be on
the market for purchase. The building would provide office space and meeting space for County
use. This property is part of the block of town where the Courthouses sit.
Some members of the County Facility Committee met with First Bank employees at the
location for a first look at the building in October. The 1971 building is in good shape. The
restrooms as well as the HVAC appear to have been updated fairly recently.
The Board discussed interest in this property during closed session in November and the
consensus was to have the County Manager negotiate a purchase price for the property. First
Bank representatives have stated that they see the value in selling this property to the County and
are willing to accept the assessed County tax evaluation fair market value offer of $542,050. On
December 18, 2017, the County Facility Committee reviewed the details of this potential
location. They recommend that the Board of County Commissioners consider purchase of this
building to increase County ownership of the courthouse block and provide opportunity for
expansion for designated County purposes. It was suggested that the Economic Development
Corporation be offered use of this facility. Mr. Johnson said the location would increase the
visibility of the Economic Development Corporation and enhance Randolph County's
commitment to strengthen recruitment and support of new and existing business. In addition to
meeting room facilities, the bank vault located in the building would provide the County with
additional secure storage capabilities should the need arise. An area of this building would also
be reserved for County business continuity or operations if necessary.
Mr. Massie has prepared the appropriate budget amendment and County Attorney Ben
Morgan will prepare the necessary paperwork to enable the purchase.
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Commissioner Kidd stated his concern about spending more money and did not want to agree
to any more capital costs or improvements until all the projects were prioritized more
completely.
Commissioners discussed the $700,000 related budget amendment. Mr. Massie responded
that he and Mr. Arthurs did not know what the Commissioners would want done as far as
renovations were concerned and estimated to include closing costs and renovations in addition to
the offer.
Commissioner Frye made a motion to approve the purchase with a $600, 000 Budget
Amendment which was seconded by Haywood. The Board voted 4-1, with Kidd opposing, to
authorize the purchase of the property located at 176 N. Fayetteville St. Asheboro, PIN
97751834322, at a price of $542,050 plus closing costs and to approve the reduced Budget
Amendment 921 which was reduced from $700.000 to $600.000 as follows:
2017-2018 Budget Ordinance
General Fund—Budget Amendment #21
Revenues Increase
Decrease
Appropriated Fund Balance $ 600,000
Appropriations Increase
Decrease
Public Buildings $ 600,000
Me2asite Adioining/Adjacent Property Owner's Residential Groundwater Assessment
Chairman Allen asked to be recused from voting on the issue of residential groundwater
assessment because he is an adjoining/adjacent owner.
On motion of Frye, seconded by McDowell, the remaining Commissioners voted to allow
Allen to recuse himselffrom voting on this matter.
Hal Johnson, County Manager, said on December 4, 2017, the Board of Commissioners voted
to fund half of the Megasite soil and groundwater assessment as part of an environmental due
diligence study requested by a potential megasite client. The North Carolina Railroad Company
provided the remaining funding and contracted with ECS Southeast Engineering to perform the
necessary studies.
The soil and groundwater assessment has been completed. The assessment involved the
boring and installation of 23 temporary monitoring wells strategically located across the
megasite footprint. Soil samples were also taken within the megasite. The study did not detect
compounds above applicable North Carolina groundwater quality standards and were not
indicative of contamination. The study found that these inorganic concentrations are naturally
occurring in this rural-residential/agricultural area.
Based on the lack of impacts above North Carolina groundwater quality standards and based
on the understanding that the site will be serviced by municipal water and sewer systems,
additional megasite assessment does not appear warranted and was not recommended by ECS
consultants.
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The Board of Commissioners and surrounding landowners asked that groundwater
assessments also be extended to those properties along the megasite boundaries. These
properties all receive their groundwater from their personal on-site wells.
Mr. Johnson has reviewed property owner well water test options with Public Health Director
Susan Hayes and Environmental Health Supervisor Wayne Jones. With permission of the
property owner, well water testing could begin in early 2018 to determine current status of each
owner's well water. These tests would also establish a baseline of the existing wells' water
condition.
There are approximately 92 property owners adjoining or adjacent to the megasite boundaries.
The cost of well inspection and testing is $148 per well. Mr. Johnson recommended that the
approximate $13,616 cost of these tests be shared by Randolph County, North Carolina Railroad
Company, and the Greensboro -Randolph Megasite Foundation equally at approximately $4,539
each.
Chairman Allen commented that he was listed multiple times but only had one well and felt
that there would be fewer wells to test than listed.
Attached is a map reflecting location of those properties to receive well water testing.
On motion of Frye, seconded by Haywood, the Board voted 4-0 to authorize Public Health to
contact the residential owners regarding options for free well inspection and testing and to
request the NCRR and Megasite Foundation share with Randolph County in paying the expense
of the testing.
Request for Refund of Excise Tax
Aimee Scotton, Associate County Attorney, said on November 30, 2017, in a letter to Randolph
County Clerk to the Board Amanda Varner, attorney Julie H. Morrison, from the law office of Bunch,
Robins & Morrison, requested the refund of excise tax paid on a deed that was erroneously filed in
Randolph County. The deed should have been filed in Moore County; the excise tax paid on this
property to Randolph County was $120.
North Carolina General Statute 105-228.37 governs the refund of overpayment of tax. This statute
requires that a taxpayer requesting a refund must file a written request for said refund with the Board
of County Commissioners within six months after the date that the tax was paid. Within 60 days after
this request, the Board of County Commissioners must review the request and hold a hearing to make
a decision on the refund. If the Board finds that the refund is due, the Board shall refund the County's
portion of the tax. Since no tax was due, the taxpayer must record a document stating that no tax was
owed because the instrument being corrected was recorded in the wrong county. This document
which must include the names of the grantors and grantees and the deed book and page number(s) of
the instrument(s) being corrected was originally filed in the Randolph County Registry on October 25,
2017.
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Since no excise tax was due in Randolph County and this deed was simply recorded in the wrong
place, Ms. Scotton asked that the Board authorize the refund requested by Julie Morrison in the
amount of $120.
On motion of Kidd, seconded by McDowell, the Board voted unanimously to approve the refund of
$120 to Julie Morrison for the overpayment of excise tax.
County Manager Update
County Manager Hal Johnson reminded everyone of the special meeting to be held at 6:00
p.m. on January Stn
Regional Update
Chairman Allen and Commissioner Frye did not have any updates to discuss.
Adjournment
At 8:55 p.m., on motion of Frye, seconded by McDowell, the Board voted unanimously to
adjourn.
David L. Allen, Chairman Darrell Frye
Stan Haywood
Maxton McDowell
Kenny Kidd
Dana Crisco, Deputy Clerk to the Board
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