Loading...
120318December 3, 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, Kidd, McDowell and Haywood 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. Rev. Michael Trogdon gave the invocation and everyone recited the Pledge of Allegiance. Administration of Oaths of Office The Honorable Judge Vance Bradford Long administered oaths of office to Commissioners David Allen, Darrell Frye and Hope Haywood and Soil & Water Conservation District Supervisors Matthew Canoy and Craig Macon. Special Recognition: 4-H 2018 State Fair Winners Allison Walker said Randolph County 4-H had several winners in type classes and showmanship. They around thirty-four participate in the youth market turkey show, thirty kids that show goats, twenty combined kids that show dairy and beef cattle and others had art and photography exhibits. Laura Jessup and Caroline Scarlett won Grand Champion and Reserve Champion in the NC State Fair Youth Market Turkey Show on Friday October 12. They received their turkeys when they were just week old poults in June. The 4 -Hers raised their poults from June to October to get them ready for the NC State Fair. Their winning turkeys were auctioned off on Saturday, October 13, during the Sale of Champions. Laura Jessup's Grand Champion turkey was auctioned off to Talley Farms for $7,500. Caroline Scarlett's Reserve Champion turkey was auctioned off to NC Farm Bureau for $5,000. Laura and Caroline were two of thirty-five kids in Randolph County to receive turkey poults to raise for the Youth Market Turkey Show. Paison Cain won Reserve Champion Overall Open Wether Dam. Chairman Allen presented Laura Jessup, Caroline Scarlett, and Paison Cain with certificates of recognition for their Champion winners. Introduction of Sheriff Seabolt's Administrative Staff Newly elected Sheriff Greg Seabolt stated that Robert Graves had done a good job with the Sheriff's Office during a tough time. He then introduced his Administrative Staff: Aundrea Azelton-Chief Deputy; Steve Myers -Lt. Colonel, Major Greg Williams, Terry Story -Community Liaison, Major Phillip Cheek, Capt. Phyllis Calloway, Capt. Betty Goins, and Major Victor Welch. Sheriff Seabolt said they would put the Sheriff's Office back in the community. Reorganization of the Board On motion of Haywood, seconded by Kidd, the Board voted 3-2 with Allen and McDowell opposing to elect Commissioner Frye as Chairman. At this point Chairman Frye assumed the Chairman's seat and presided over the remainder of the meeting. 12/3/18 On motion ofHaywood, seconded by Kidd, the Board voted unanimously to elect Commissioner Allen as Vice Chair. On motion of Kidd, seconded by Haywood, the Board voted unanimously to approve the appointment of County Attorney, Ben Morgan. On motion of Kidd, seconded by Haywood, the Board voted 3-2 with Allen and McDowell opposing to delay the appointments of Clerk to the Board and Deputy Clerk to the Board until January. On motion of Kidd, seconded by Haywood, the Board voted unanimously to make the following appointments: Commissioner Haywood to Board of Health; Representative to the Social Services Board, Maxton McDowell; Representative to the Juvenile Crime Prevention Council, Kenny Kidd; Transportation Advisory Committee Representative to the (HPMPO) High Point Metropolitan Planning Organization, Darrell Frye; Alternate Transportation Advisory Committee Representative to the High Point Metropolitan Planning Organization (HPMPO), Maxton McDowell; Piedmont Triad Rural Planning Organization (RPO) Transportation Advisory Committee Representative, Maxton McDowell; Alternate Representative to the Piedmont Triad Rural Planning Organization (RPO) Transportation Advisory Committee Representative, Hope Haywood; Delegate to the Piedmont Triad Regional Council, Darrell Frye; Representative to the Piedmont Authority for Regional Transportation, Darrell Frye; Tourism Development Authority Liaison, Kenny Kidd; Representative to Sandhills County Commissioner Advisory Board for one- year term, David Allen; Regional Partnership Local Workforce Development Area Consortium Chief Elected Oficial Board, Darrell Frye; Owner's Representative/Steering Committee Representative to the Greensboro -Randolph Megasite Project Agreement, Darrell Frye; Alternate Owner's Representative/Steering Committee Representative to the Greensboro -Randolph Megasite Project Agreement, David Allen. 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. Perry Connor, Mayor of Franklinville, 216 W. Main St., Franklinville, spoke in favor of the ordinance prohibiting tobacco on local government property. He said that anything improving the health of the citizens is a good thing. He stated that the litter from tobacco does not look good in communities trying to attract new business. Dwain Roberts, 300 S. High St., Asheboro, Commander of the Sons of Confederate Veterans Camp 1966, said this organization was now a member of the Asheboro/Randolph Chamber of Commerce and looked to be a greater part of the community. Alan Ferguson, 4794 Troy Smith Rd., Liberty, spoke regarding his neighborhood near the Megasite and some incidents that have occurred recently. The rezoning of property to Heavy Industrial has created a negative effect for the homeowners there. He spoke of sightings of trespassers on private property as well as an animal carcass loosely wrapped in a sheet. He asked that everyone involved with the Megasite project help preserve their quality of life in the northeast part of the county. 12/3/18 Charles Lee, 1114 Rockridge Rd., Asheboro, spoke in favor of the ordinance prohibiting tobacco. He said that tobacco use is the number one preventable disease in Randolph County. Commissioner Haywood asked Dr. Lee if he was a former smoker. He replied that he had triple bypass surgery at age 51 from smoking. He has been tobacco free since then. Nancy Moss, 229 Albert Martin Rd., Franklinville, spoke in opposition to Carolina Guns and Gear (CGG) Range and Training Complex, LLC, on Hwy 64 East. She said Causekeepers, Inc. was a business corporation not a non-profit entity. The owners of Causekeepers set up Denim Creek, LLC and purchased the Hwy 64 property under that name. Then, Triad Tactical Training Center, LLC was set up. None of these businesses were non -profits. Next, she spoke of "labels." She quoted the attorney for the gun range as saying a private club is "a group of people associated because of a shared interest." She stated that the members do not associate, interact or function as a group because their only involvement in the private club is paying to shoot. "Labeling a business a club does not make it a club." The second "label" she mentioned was non-profit. She said, "A business corporation can fill out a short two page form and get the label `non-profit' from the state of North Carolina." Ms. Moss stated that Carolina Guns and Gear has set up a state non-profit. Ms. Moss stated that Carolina Guns and gear does do several things that benefit the community but many for-profit businesses do as much or more. "Labeling a business as a non-profit doesn't make it one." In closing, Ms. Moss said that CGG Range and Training Complex doesn't belong in its current location. Commissioner Allen stated that he had been recently in the area of the range and heard the noise. He said it was more than a nuisance and it was too close to the adjoining properties. Commissioner McDowell asked if there had been a citation issued by the Planning Board. Mr. Morgan said that there had been but the decision was appealed to Superior Court. He had scheduled January 22nd with the court to revisit the order of the previous judge who requested additional findings of fact and evidence about the club itself. Commissioner Frye said the judge was looking at the legal standing of the company not the nuisance of the range. Mr. Morgan agreed then explained that in an appealed case, the judge looks at the evidence that has been documented. There are no testimonies. In this case, the judge will look at the citation and the minutes to make a decision about the company being non-profit and whether it should qualify for exemption from a zoning perspective. He said that the County has taken the stand that the non-profit status does not affect the zoning. Commissioner McDowell asked if this company was an LLC. Mr. Morgan said there are multiple entities involved, one is duly incorporated as a non-profit with the Secretary of State of North Carolina. Commissioner McDowell commented that they could be non-profit with the state 12/3/18 but not necessarily a 501(c)(3) with the Federal government. Commissioner Frye asked if the court will look at that information. Mr. Morgan said he didn't think that was in the record. Commissioner Frye stated that even if the judge rules in the County's favor of the zoning, it doesn't stop the shooting. Mr. Morgan confirmed that it would only go back to the Planning Board at that point. Commissioner McDowell asked if going back to the Planning Board would stop the shooting. Mr. Morgan said that the County would need to seek injunctive relief. On motion of McDowell, seconded by Haywood, the Board voted 4-1 with Kidd opposing to instruct County Attorney Ben Morgan to research seeking injunctive relief against CCG Range and Training Complex, LLC. Mr. Morgan said he would prepare a memorandum about the process to present at the January meeting of the Board. Chairman Frye stated that during his tenure, there have been issues from the shooting community. He said if the gun community used the same respect that they demand of others, there would be no need for these discussions. Marty Trotter, 748 Moore Rd., Asheboro, spoke in favor of the ordinance prohibiting tobacco. He noted that the rule passed the Board of Health unanimously and that use of tobacco is the leading preventable cause of death. David Fernandez, Mayor of Seagrove, 134 W. Main St., Seagrove, spoke in favor of the ordinance prohibiting tobacco. He said that even a few tobacco users can ruin an event. Seagrove is a tourist destination and does not need smokers ruining things for a clean, healthy population. "Tobacco free is good business." He stated that the Seagrove Board of Commissioners is getting ready to pass an ordinance banning tobacco that is even more restrictive than the one to be presented this evening. Chairman Frye announced that Wayne Snyder, owner of Snyder Farms, had passed away. Consent Agenda Chairman Frye mentioned that Item I. on the consent agenda allows Robert Graves to purchase his service weapon. Commissioner Haywood said that was an appropriate action and suggested a resolution of thanks be drafted. On motion of Haywood, seconded by McDowell, the Board voted unanimously to direct the Clerk to write a Resolution of Thanks for Robert Graves for his service during a tough time in the County. On motion of McDowell, seconded by Kidd, the Board voted unanimously to approve the consent agenda, as follows: • approve the Regular Meeting Minutes of 11/5/2018; 12/3/18 approve Surety Bonds for Elected and Appointed Officials: Finance Officer Will Massie ($500, 000); Deputy Finance Officer Suzanne Dale ($500, 000); Tax Collector Debra Hill ($300, 000); Sheri Greg Seabolt ($25, 000); Register of Deeds Krista Lowe ($50, 000); Deputy Tax Collectors: Sallie Cheek ($200,000), Crystal Hudson ($200,000); Deputy Finance Officers for Jail Commissary: Phillip R. Cheek ($10,000), Tammy R. Brady ($50, 000), Betty Goins ($10, 000), Phyllis Calloway ($10, 000); approve Budget Amendment 911 for Site Development Capital Project Fund ($72, 000), as .follows: 2018-2019 Budget Ordinance Site Development Capital Project Ordinance Budget Amendment #11 Revenues Increase Decrease Rental Fees $72,000 Appropriations Increase Decrease Professional Services $9,800 Miscellaneous $81,800 • approve Budget Amendment #19 for Project Safe Neighborhoods ($10, 000), as follows: 2018-2019 Budget Ordinance General Fund—Budget Amendment #19 Revenues Increase Decrease Transfer from Well -Being Reserve $10,000 Appropriations Increase Decrease Other Public Safety Appropriations $10,000 • approve Budget Amendment #20. for Public Health ($7,996), as. follows: 2018-2019 Budget Ordinance General Fund—Budget Amendment #20 Revenues Increase Decrease Restricted Intergovernmental $7,996 Appropriations Increase Decrease Public Health $7,996 • adopt Resolution ofAuthorization to Apply for FEMA Assistance, as follows: 12/3/18 RESOLUTION DESIGNATION OF APPLICANT'S AGENT North Carolina Division of Ernemmey Management Organization Name (hcreatler owned Organiration) Disaster Number: Rmd*h County GowrnnMtt - NC FBM - DR4303 l - Applicant's State Cognizant Agency for Single Audit purposes (If Cognizant Agemy h not assigned, please indicate) - Applicant's Fiscal Year (FY) Start Month Applicant's Federal Employer's Identification Number tib - 6001M Applicant's Federal Information Pmccsaing Standards (PIPS) Number PRIMARY AGENT SECONDARY AGENT Ages,t'sName Will Massie Agent'sNaine Jared Byrd Organization Randolph County OrgenI"adon Randolph County official Position Finanoe Officer metal Position Major -Emergency Management Mailing Address 725 MCDowell R C Mailing Address 760 New Century Dr. ■ "y- ttuo-zip Asheboro, NC 27205 Clty,s>&tr'Z`p Asheboro; NC 27205 Daydme Telephoce (338) 318$310 Daytime, Telephone (336) 318-6913 Facnimite Number (336) 636-7586 Facsimile Number (336) 318-6951 Pager or Cellular Number Pager or Cellular Number HE 1T RESOLVED BY the g rmmisy body or the t t axim m o (a public ealily d* argadzed under Qts laws of" Sub of Nwa Carolloa) that Qto sho ecAmed Primary turd Secondary Agcws ere herciry attdrorized to excrare and fil c applications for &ckral a Wier stale assiattmoe on behalf of the Ogprruir>ulon fur the lipwpow ol'abUdrdng �vtia►n state and lederal linancid ammimm tuickv Me Roben T. SlaMW Disaster Relief ti I mere ikw A-�.intaace .0.q, IPublic Lar 93-298 as nntcn:lcd'i ac as otherwise available. BE 1T FURTItf:-R RFSOLVF.D that the abpvice named ugmts arc aulMuiied to rervNent find act fix the Qrganiratikv in all deelinge with the State ofNortih Carolina oral the Federal Ilmerstocy Mana5ancnt Ascney ftw all matters p&taming to such dilater ausisinnas requrreA by the grant agrean nu awl the asoursam printed o■ true reverse adde hereon. BE IT FINALLY RESOL THAT the abovo-named Nems are authermwd to act wwally. PASSED AND APPROVED this 7E day er : C 2 GOVERNING BODY CERTIFYING OFFICIAL Name and Title Randolph County Board of Commissioners Now Darrell Frye Name and Title Darrell Frye, ChainTen official Position Chairman, Board of County Conwrilesionism Name aixl'I'itle 12/3H8 Daytime Telephonic (336) 318-8300 CERTIFICATION 1, Amanda Verner, (Name) duly appointed and Clerk to the Board (Tide)of the Governing Body, do hereby certify that the above is a true and correct copy of a resolution passed and approved by the Governing Body of Rando" 0"* (Organization) on the aro dory ad a.c.eoer 20 is. Date: 1213/18 Slgaattrre: ��- Itev. 06t02 appoint Darrell Frye as Voting Delegate for the NCACC 2019 Legislative Goals Conference (Jan. 10-11 in Raleigh); make the following Firefighters ' Relief Fund Appointment: Staley Matt Lineberry 12/3/18 • approve the sale of the service weapon issued to Robert Graves at the full price to the County; • reappoint Jared Byrd, Donovan Davis, Bryan Davis, Jimmy Maness, Mandy Shields and Scott Boyle to the Randolph County Local Emergency Planning Committee and appoint Hope Haywood to fill the "elected official" Seat. Update on Detention Center John Wicker, Bordeaux Pre -Construction Manager, updated the Board on the progress of the Detention Center plans and preliminary schedule, as follows: Project Cost $21,061,610 CM Contingency $ 515,680 Market Escalation $ 1,289,200 Bordeaux General Conditions $ 1,318,911 Bordeaux OH&P $ 1,289,200 Bond & Insurance $ 309,408 Total Construction Cost $ 25,784,009 Bid Phase Schedule: Pre -qualifications Due — December 21, 2018 Advertisement to Bid — January 2019 Bid Documents Available — January 2019 Pre -Bid Conference — February 2019 Bid Date — Late February 2019 GMP Presentation to the Board March 2019 Mr. Wicker anticipated construction to begin late spring 2019 with substantial completion by summer 2021. Mr. Wicker explained some market factors that are causing the cost of construction to increase. Those included tariffs, the NC Connect bond program causing a labor shortage, and renovation on an existing, occupied detention center. Chairman Frye asked if they would have difficulty finding sub -contractors. Mr. Wicker said that would be a challenge based on the geographical location outside of the Raleigh, Charlotte, and even Greensboro markets. Chairman Frye asked if there would be additional delays. Mr. Wicker said that the schedule was already at a fast pace and he didn't think it could go any faster. Commissioner Allen reminded him that Bordeaux was hired to keep the project moving forward. Chairman Frye mentioned the new Sheriff and his staff members that would need to be informed of the progress to this point. He directed the County Manager to work with Bordeaux and have meetings with new Sheriff's Office staff. 12/3/18 Will Massie, Finance Officer, said under IRS rules, a local government must adopt a reimbursement resolution if it anticipates spending monies on construction activities before the actual financing occurs. Some grading work will be necessary at the Detention Center before the entire contract process is completed. Mr. Massie said the bond attorney has drafted a resolution. If acceptable, he asked the Board to please adopt the resolution in order to maintain the current project schedule. A multi-year capital project fund has already been established to account for professional fee costs related to the Detention Center project, separate from the General Fund. The initial design costs were funded through transfers from the General Fund. If the Board agrees to bid the project, the financing is expected to occur in April 2019. This amendment will update the capital project ordinance to the full expected cost of construction, and allow the contractor to begin some grading work at the site. Chairman Frye asked what the costs of professional services went towards. Mr. Massie said they were soft costs the County must pay. Chairman Frye asked if that was from Moseley Architects and Mr. Massie confirmed that it was. On motion of Allen, seconded by McDowell, the Board unanimously agreed to adopt the Resolution of the Board of Commissioners for the County of Randolph, North Carolina, Declaring Its Intention to Reimburse Said County from the Proceeds of One or More Tax -Exempt Financings for Certain Capital Expenditures, and approve the associated Budget Amendment, as follows: RESOL UTION OF THE BOARD OF COMMISSIONERS FOR THE COUNTY OF RANDOLPH, NORTH CAROLINA, DECLARING ITS INTENTION TO REIMBURSE SAID COUNTY FROM THE PROCEEDS OF ONE OR MORE TAX- EXEMPT FINANCINGS FOR CERTAIN CAPITAL EXPENDITURES. WHEREAS, the County of Randolph, North Carolina (the "County'), is a political subdivision organized and existing under the laws of the State of North Carolina; and WHEREAS, the County has determined to pay the cost of (a) acquiring, constructing, equipping, and improving a detention center (the `Detention Center Project') and (b) constructing, equipping and improving facilities (including but not limited to cafeteria upgrades, HVAC replacements and other improvements) for certain elementary and middle schools within the Asheboro City Schools (the "School Improvement Project" and together with the Detention Center Project, the "Project'); and WHEREAS, the Board of Commissioners for the County (the "Board') has determined that certain moneys advanced and to be advanced by the County to pay such expenditures (the "Expenditures') are available only for a temporary period and it is and will be necessary to reimburse the County for the Expenditures from the proceeds of one or more tax-exempt financings of the County in the form of one or more installment financings that are expected to be authorized by the Board (collectively, the "Tax-exempt Financings'). NOW, THEREFORE, BE IT RESOLVED by the Board as follows: Section 1. The Board hereby declares the County's intent to reimburse the County with the proceeds of the Tax-exempt Financings for the Expenditures. The County reasonably expects on the date hereof that it will reimburse the Expenditures with the proceeds of the Tax-exempt Financings. 12/3/18 Section 2. Each Expenditure was or will be (a) of a type properly chargeable to a capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the Tax-exempt Financings, (c) a nonrecurring item that is not customarily payable from current revenues or (d) a grant to a party that is not related to or an agent of the County so long as such grant does not impose any obligation or condition (directly or indirectly) to repay any amount to or for the benefit of the County. Section 3. The maximum principal amount of the Tax-exempt Financings expected to be entered into with respect to the Detention Center Project is $28, 000, 000 and the maximum principal amount of the Tax-exempt Financings expected to be entered into with respect to the School Improvement Project is $3, 000, 000, in each case plus such additional amounts, if any, as shall be determined to be reasonably necessary for the funding or payment of costs of entering into the Tax-exempt Financings. Section 4. The County will make a reimbursement allocation, which is a written allocation by the County that evidences the County's use ofproceeds of the Tax-exempt Financings to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the respective Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. The County recognizes that exceptions are available for certain preliminary expenditures, costs of issuance, certain de minimis amounts, expenditures by small issuers (based on the year of issuance and not the year of expenditure) and expenditures for construction projects of at least five years. Section 5. This resolution shall take effect immediately upon its passage. Randolph County Detention Center Capital Project Fund Amendment #3 Revenues Increase Decrease Proceeds from Debt $26,500,000 Appropriations Increase Decrease Construction $25,250,000 Furniture and equipment $250,000 Contingency $1,000,000 Request from Randolph Partnership for Children Micki Bare, Randolph Partnership for Children Director of Marketing & Community Engagement and Outreach, is requesting $5,715.00 for onboarding expenses to localize The Basics materials in English and Spanish, including customized logo, videos, parent booklets and a website. 12/3/18 The BasicsTM, which was launched through Boston Basics, is a multi -tiered campaign based on "five evidence -based parenting and caregiving principles that encompass much of what experts find is important for children from birth to age three." The Basics is anchored in brain research that tells us 80% of brain development occurs by age three. This rapid development produces more than 1 million neural connections per second. Critical foundations for cognitive skills associated with academic learning, as well as social and emotional skills, are formed during this time. In April 2018, Randolph County was selected as one of four NC counties for the KidsReadyNC initiative being implemented by the Institute for Emerging Issues at NC State University. The Randolph County core team chose to concentrate on the zero to three aged population in their work under the Focus of Effort, which is High Quality Birth -Eight Care and Education. Goals for the work that fit The Basics project include finding and generating resources, engaging families and community members, improving quality of child care for infants and toddlers, and increasing equity and inclusiveness to minimize gaps in services and outcomes She said Randolph Partnership for Children received a $2,000 Think BabiesTM Mini -Grant, half of which will be used to create and disseminate The Basics materials in targeted parent, early childhood and policymaker awareness campaigns. Currently, The Basics Learning Network includes 11 communities in addition to Boston. This funding would allow Randolph County to be the 13th community nationally, and the 2nd in North Carolina, to fully adopt The Basics through re -branding. Mecklenburg County kicked off their Meck Basics campaign just over a month ago. Once funded, Randolph County would have the tools for parents, caregivers and educators to optimize brain development in the early years when it's most critical. By implementing The Basics, parents, caregivers and early educators can greatly increase school and life success for children in Randolph County. The plan is to kick off the campaign in January 2019. The Boston Basics onboarding budget for the $5,715.00 is: $ 15 Purchase URL $2,500 Web development $ 200 Customized caregiver booklets in English & Spanish (.pdo $3,000 Customized logo and videos in English & Spanish Onboarding work is contracted through The Basics, a non-profit organization affiliated with Harvard University and the Department of Pediatrics at Boston Medical Center. Ms. Bare said this is a one-time request. Commissioner Allen said he is part of a committee working on this. He suggested that Ms. Bare give information on the KidsReadyNC initiative and Center for Emerging Issues. She said Randolph County is one of four counties chosen from Tier One and Two counties. They receive training and technical assistance with issues from ages zero to five. The team that took the training chose grade 3 reading proficiency as the area they wanted to improve and then address the gaps in 12/3/18 a focus group of ages zero to three where they would have the most effect. This would not only be for parents and infants but also the daycare workers in infant and toddler rooms. There is a greater need but fewer spaces are available for the children. Commissioner Allen stated that he had learned a great deal on this committee and commented that what Ms. Bare presented was just a small part of what's going on. He said that this program is not just about daycare. It is long-term child development. This calculates into good quality citizens and skilled workers in the future. This project will not see its full results for at least fifteen years. On motion of Allen, seconded by Haywood, the Board voted unanimously to approve the funding request of Partnership for Children for $5, 715 for expenses encountered with The Basics Program and the associated Budget Amendment #21. as follows: 2018-2019 Budget Ordinance General Fund --Amendment #21 Revenues Increase Decrease Transfer from Wellness Reserve $5,715 Appropriations Increase Decrease Other Human Service Appropriations $5,715 Consider Adoption of Ordinance Prohibiting Tobacco on Local Government Grounds and in Local Government Buildings and Vehicles Susan Hayes, Health Director, said on October 23, 2018, the Randolph County Board of Health adopted a rule prohibiting the use of tobacco products, including e -cigarettes, on local government and municipal property. Eleven members of the Board of Health voted unanimously to approve the rule prohibiting tobacco on local government grounds and in local government buildings and vehicles. Boards of health (BOH) are charged with the responsibility of ensuring health and wellness within local communities. This particular rule (one where tobacco is an issue), is the only instance that requires the Board of County Commissioners to simultaneously adopt the rule. Otherwise, in any other circumstance when a BOH passes a rule regarding the health of their county, they have the final say with regards to that rule. This is a rule about healthy environments for the 75% of Randolph County residents who do not use tobacco. This rule has the county's most vulnerable populations at heart; the young, the old, those with diseases of the lungs and heart, and those with other chronic diseases. Approving this rule shows Randolph County leaders walk the walk, Randolph County is a progressive county, and a county where health and wellness is a priority. Ms. Hayes stated that each year 480,000 smoking related deaths occur in the US. The most recent five years of available data (2012-2016) reveals that there were 776 cases of lung cancer in Randolph County causing 545 people to die. The risk of lung cancer increases with age and exposure. The longer you smoke or have to breathe second hand smoke the higher your risk of developing lung cancer. Lung cancer is the leading cause of cancer deaths in our county. 87% of lung cancers are caused by smoking. 12/3/18 Tobacco use is the number one preventable cause of death. According to the American Cancer Society, smoking and the use of smokeless tobacco are responsible for the majority of all cancers of the lung, trachea, bronchus, larynx, pharynx, oral cavity and esophagus. Childhood exposure to second hand smoke can lead to upper respiratory infections, decreased lung capacity, ear infections, behavioral problems, and learning difficulties. Pregnant women exposed to second hand smoke have increased risk of delivering prematurely or having an infant die of SIDS. Most e -cigarettes contain nicotine. Nicotine is highly addictive and can harm adolescent brain development which continues into the early to mid-20s. E -cigarettes can contain other harmful substances besides nicotine. Young people who use e -cigarettes may be more likely to smoke cigarettes in the future. Use of e -cigarettes among adolescents has skyrocketed in recent years. E - cigarette use among high school students jumped by 75 percent between 2017 and 2018. In North Carolina, the overall increase in usage of e -cigarettes from 2011 to now among high school students is 894% and among middle school students is 430%. E -cigarettes can cause unintended injuries. Last year, the First fatality in the United States occurred in Florida when a 38- year-old man's e -cigarette exploded causing a fatal wound to the head. Including these products in policy is good practice for not only the health of those visiting our offices but for the safety of those visitors. This rule communicates to the public that e -cigarette use is not OK; Tobacco vs Smoke-free covers e -cigarettes. She introduced Sam Varner, Wellness Administrator. He said that in 2016, the leading cause of death in the US was heart disease but in Randolph County the leading cause of death was cancer directly related to tobacco use. Randolph County ranks in the bottom 20% of North Carolina counties with proactive tobacco policies. Eighty-eight percent of Randolph County employees do not use tobacco products. Facts from the Center for Disease Control and Ohio State University 1. Tobacco users cost employers $4,000 more per year in health care costs and nearly $2,000 more per year in "unproductivity" due to tobacco breaks and absenteeism than nonsmokers. 2. Worksites that allow smoking spend about $728 more per 1,000 square feet annually in maintenance costs for office space compared to smoke-free worksites. 3. Smoking increases the risk of fires and injuries, which increase liability insurance costs up to thirty percent. Cigarette smoking remains the leading cause of preventable disease, disability and death in the United States. Testimony from Robert Cross, Public Buildings Supervisor 1. The only handicap entrance at the courthouse is under a shelter where tobacco -users congregate. 2. Many handicap visitors using the courthouse complain about going through tobacco smoke to enter the courthouse. 3. Cigarette butts and tobacco spittle are a major cleanup problem for the Maintenance Dept. Mr. Varner said this will help our municipalities. Municipal employees will be offered tobacco cessation classes at no charge through the Public Health department, free health coaching for 12/3/18 tobacco cessation, and with grant approval, free prescriptions to stop tobacco use when attending cessation classes. He stated that having a prudent and proactive tobacco -free policy for our county will contribute to economic development, lead to a healthier workforce, attract businesses, reduce healthcare costs, and create a culture of wellness. It also fulfills part of the Strategic Plan -Public Health: Vision, Goal & Strategies; Section B, Goal #3: Decrease the use of tobacco by the residents of Randolph County. a. Strengthen smoke- and tobacco -free policies in Randolph County (e.g. at parks and on government grounds). In closing he said the healthier we are, the better we are as a County. Ross Holt, Library Director, said he had spoken to the Board of Health and addressed the concerns of library patrons walking through cigarette smoke to get into the buildings. He said that patrons are from the youngest to the oldest of citizens and many have complained about the smoke outside of the buildings. The fountain at the Asheboro library has become a smoking hangout littered with cigarette butts. He stated the library should be a welcoming, pleasant place for all patrons to enjoy. Ms. Hayes said this rule is not about public places but government grounds. It is a self - enforcing rule. Experience in the tobacco free campus where Public Health is located has been that people stop when realizing it is a tobacco free campus. If they don't and continue to ignore requests to stop, the fine is there as a tool. Good signage and sufficient education are usually all it takes. Public Health will be able to provide signage. She stated there are 15 counties and 38 municipalities with similar tobacco free policies. There are economic benefits to tobacco free policies like this. Families want to live, work and play in counties and municipalities where leadership values health and wellness. She thanked the Board for thoughtful consideration of this rule. She said this is a huge opportunity to position Randolph County as a leader in North Carolina for health, wellness and economic growth. She requested that the Board of Commissioners approve and adopt the Board of Health Rule to Prohibit Tobacco Products, including e -cigarettes, on Randolph County property and the property of all cities, towns and municipalities. Commissioner Haywood asked Ms. Hayes to verify the rule and the ordinance wording regarding tobacco use. Ms. Hayes said that it is the usage that will be banned. Commissioner Kidd said that the rule says it is prohibiting tobacco not just the use. Ms. Hayes stated that the use is what is being prohibited not possession and this is a model rule used by other counties in North Carolina. Mr. Kidd stated that the ordinance is "poorly written" and "overreaching." Commissioner Haywood suggested adding "the use of to the rule and ordinance. 12/3/18 Commissioner Kidd stated that a "$50 fine is not appropriate." He said that the rights of employees versus citizens are not the same. He recommended designated smoking areas instead of this approving this ordinance. Commissioner Haywood said this ordinance is not a punishment but a goal to sincerely take care of the citizens. Mr. Morgan stated that if the wording on the Resolution is rewritten and presented again in January that it will be the first consideration and vote on the new proposal. If it is not unanimous in January, then it would come back for a majority vote in February. On motion of Haywood, seconded by McDowell, the Board voted unanimously to delay action until the January meeting, allowing the BOH to address and consider the wording concerns of the Commissioners on the Ordinance Prohibiting Tobacco in Local Government Buildings and Vehicles. Compensation for Newly Elected Sheriff County Manager Hal Johnson said that General Statute § 153A-92 provides for the compensation payable to the sheriff. This statute provides that the salary of the newly elected sheriff shall be no less than the salary of the departing sheriff, unless the board of county commissioners adopted a resolution reducing the new sheriff's pay. To be binding, the resolution must have been adopted at least 14 days before the last day for filing notice of candidacy for the Office of Sheriff. If no such resolution was filed within that time period, the "salary, allowances, and other compensation" of the newly elected sheriff shall be no less than what was provided to the outgoing sheriff. Per NCGS 153A-92, Mr. Johnson requested that the Board set Sheriff Seabolt's "salary, allowances, and other compensation" as the newly elected Sheriff at the current salary of the outgoing Sheriff, $96,955.68. On motion of Kidd, seconded by Allen, the Board voted unanimously to set the compensation for SheriSeabolt at $96,955.68. Stream Mitigation Hal Johnson, County Manager, said at the meeting on September 5, 2017, the Commissioners approved an allocation of up to $100,000 to help with the cost of stream mitigation on the site that was subsequently purchased by Fibertex Personal Care from J.P. Thomas & Co. The City of Asheboro and J.P. Thomas & Co. also committed up to $100,000 since the total mitigation cost was anticipated at that time not to exceed $300,000. The EDC secured the services of ECS Southeast LLP to complete the wetland delineation and permit application. On November 9, 2018, permit documentation from the Corps of Engineers was issued for impact of 607 linear feet of stream on the site. The permit will be in force when 607 stream credits are purchased from NCDEQ's Division of Mitigation Services. Because the rate for stream credits increased on July 1 to $507.32, the total mitigation cost is $307,943.24 which would equate to $102,647.746 for each of the three partners. The EDC is requesting a commitment from the City, 12/3/18 County, and J.P. Thomas to each commit the additional $2,647.75 needed to purchase the necessary stream credits. The following budget amendment will authorize the transfer of fiends from the Economic Development Reserve to the General Fund for disbursement. Chairman Frye asked if the other parties have agreed to the additional funds. Kevin Franklin, EDC, said that JP Thomas had agreed and the City of Asheboro would vote on it Thursday, December 6th. On motion of McDowell, seconded by Haywood, the Board voted unanimously to approve the Bud-aet Amendment #22 for additional stream mitization costs, as follows: 2018-2019 Budget Ordinance General Fund --Amendment #22 Revenues Increase Decrease Transfer from Economic Development Reserve $2,648 Appropriations Increase Decrease Other Economic Development Appropriations $2,648 County Manager's Update County Manager Hal Johnson stated that capital project increases will impact the Board in providing for the schools and the ag center. An update on the cost of the Asheboro High School addition will be given in January. Appoint Deputy Finance Officer for Detention Center Will Massie, Finance Officer, said that officers who manage the collection and return of inmate funds at the detention center should be appointed deputy finance officers, since these individuals will need to be authorized to sign checks on the custodial bank account. They will only have access over these inmate funds. They will also have an individual surety bond. Please appoint the following as a Deputy Finance Officer for the Jail Commissary bank account: Phillip R. Cheek, Betty A. Goins, and Phyllis L Calloway On motion of McDowell, seconded by Kidd, the Board voted unanimously to appoint Phillip R. Cheek, Betty A. Goins, and Phyllis I. Calloway as Deputy Finance Officers for the Jail Commissary bank account. Adjournment At 8:37 p.m., on motion of Allen, seconded by McDowell, the Board voted unanimously to adjourn. Darrell Frye, Chairman David Allen 12/3/18 Kenny Kidd Hope Haywood Maxton McDowell Dana Crisco, Deputy Clerk to the Board 12/3/18