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031119March 11, 2019 The Randolph County Board of Commissioners met in regular session at 6:00 p.m. in the 1909 Randolph County Historic Courthouse Meeting Room, 145 Worth Street, Asheboro, NC. Commissioners Darrell Frye, David Allen, Kenny Kidd, Maxton McDowell and Hope Haywood were present. Also present were County Manager Hal Johnson, Finance Officer Will Massie, County Attorney Ben Morgan, and Clerk to the Board Dana Crisco. Chaplain Brian Faircloth from the Randolph County Sheriff's Office gave the invocation and the Girl Scouts led everyone in the Pledge of Allegiance. Special Recognitions Robin B. Whatley retired February 28th from Emergency Services with 30 years of service. Ms. Whatley was recognized by Donovan Davis, EMS Director, after which, Chairman Frye presented her with an engraved clock on behalf of the Board. Public Comment Period Pursuant to [N.C.G.S. § 153A-52.1], Chairman Frye opened the floor for public comment and County Attorney Ben Morgan read aloud the Public Comment Rules of Procedure. Brenda Newsome, 4690 Hoots Hollow Rd., Liberty, spoke of Girl Scouts participating in various community service projects that had benefitted pets and citizens of all ages all over Randolph County, the state of North Carolina, the United States, and even in third world countries. She asked to think of Girl Scouts as more than cookies and crafts. They work all over for the benefit of communities. Billy Henley, 3213 Old Cedar Falls Rd., Asheboro, said he is opposed to a tonnage increase at the landfill. He is concerned for the safety of his family, friends and neighbors. He stated the smell is awful. When the Public Hearing was held, the people who spoke in favor of the increase did not live in his neighborhood. He stated he questioned the motives of someone not living in the area. "If it ain't in your backyard, it may be in your back pocket." Dwight Ayers, 3686 Old Cedar Falls Rd., Randleman, is opposed to the tonnage increase. He did commend Waste Management for their efforts in routing traffic properly. However, he stated the roads were not made for the kind of traffic that goes to the landfill. He was also concerned with the safety of the citizens. The "contract was well negotiated" but the main concern should be Randolph County's waste. He is not in favor of shortening the life of the landfill by increasing the tonnage. Milli Cooper, 203 Albert Martin Rd., Franklinville, played a recording of the shooting noise from the CCG Gun Range at a competition they had the weekend before. The shots are within seconds of each other at a constant rate. She expressed her hope that the issue would be resolved with CCG soon. Libby Green, 1209 Henley Country Rd., Asheboro, said she opposed the tonnage increase. She has seen the trucks being weighed at the landfill. She said the roads and the smell are atrocious. The roads are constantly muddy. Trucks are not following the proper routes. There is 3/11/19 no speed limit sign posted on Henley Country Rd. She said there have been near misses from CEI trucks. Alan Ferguson, 4794 Troy Smith Rd., Liberty, spoke about the NC Carolina Core item on the agenda. He said it was a great public/private collaboration. Mr. Ferguson urged the Carolina Core leaders to include the residents along that corridor who are stakeholders and could be the best allies for that cause. On the other hand, he said not to alienate the residents because that would cause animosity. Macky Garner, 1839 Old Cox Rd., Asheboro, said the infrastructure should have been studied better before the Regional Landfill was opened and these problems wouldn't be occurring now. Next, he talked about the Agriculture Events Center. He suggested adding the SportsPlex to the site for the Agriculture Center to be used year round. He felt the best use of the land on Zoo Parkway would be for a residential development. Chairman Frye reminded Mr. Garner that the SportsPlex is a project of the City of Asheboro. Mr. Garner said he knew that but the City has annexed property before and the County and City should work together. CCG Range and Training Complex, LLC. Update Ben Morgan, County Attorney, was asked by Chairman Frye to give an update so that those in attendance for it would not have to stay for the entire meeting. Mr. Morgan said the record on appeal has been completed. It was approximately 300 pages long. It has been scheduled to be heard the week of April 29th in front of Judge Stone, a Superior Court Judge. Consent Agenda On motion of Kidd, seconded by McDowell, the Board voted unanimously to approve the consent agenda, as follows: • approve Board of Commissioners regular meeting minutes of 2/4/19, closed meeting minutes 2/4/2019 and special meetings of 2/11/19, 2/19/19, and 2/21/19; • approve 2020 Holiday schedule (same as State schedule), as follows: 3/11/19 1/1 (Wed.) 1/1 (Wed.) New Year's Day M. L. King Jr. 's B -day 1/20 (Mon.) 1/20 (Mon.) Easter / Good Friday 4/20 (Fri.) 4/20 (Fri.) Memorial Day 5/25 (Mon.) 5/25 (Mon.) Independence Day 7/3 (Fri.) 7/3 (Fri.) Labor Day 9/7 (Mon.) 9/7 (Mon.) Fall Festival (Asheboro Library Only - CLOSED) 10/3 (Sat.) Veterans' Day 1 1/11 (Wed.) 11/11 (Wed.) 3/11/19 Celebration of Seagrove Potters 11/16 (Sat.) (Seagrove Library Only CLOSED) Thanksgiving 11/26 & 27 (Thur. & Fri.) 11/26 & 27 (Thurs. & Fri) $20,757 12/24, 12/25, 12/28 12/24 (Thurs.) CLOSED Christmas (Thurs., Fri. & Mon.) 12/25 (Fri.) CLOSED $20,757 12/26 (Sat.) OPEN 12/28 (Mon.) OPEN appoint D.R. Cash, Edward Ramsay, and Mya Brooks and reappoint Tammy Bennett to the Randolph County Juvenile Crime Prevention Council; approve Budget Amendment #40 for Public Health -Mini Grant ($20,75 7), as follows: 2018-2019 Budget Ordinance General Fund—Budget Amendment #40 Revenues Increase Decrease Restricted Intergovernmental $20,757 Increase Decrease Appropriations Increase Decrease Public Health $20,757 • approve Budget Amendment 1141 for Public Health -Child Care Health Nurse ($1,2 76), as follows: 2018-2019 Budget Ordinance General Fund—Budget Amendment #41 Revenues Increase Decrease Restricted Intergovernmental $1,276 Appropriations Increase Decrease Public Health $1,276 • adopt Resolution for DOT to abandon. 098 miles of Siler St. in Trinity, as follows: WHEREAS, the Department of Transportation has investigated. 098 miles of SR 1598 (Siler Street) in Randolph County for purposes of abandonment; and WHEREAS, it has been determined that this portion ofsubject road should be abandoned from the Division of Highways' Secondary Road System. NOW, THEREFORE, BE IT RESOLVED by the Randolph County Board of Commissioners that. 098 miles of SR 1598 (Siler Street) in Randolph County be abandoned from the Division of Highways' Secondary Road System. • approve Resolution to Add and Remove Plat Review Officers, as follows: RESOLUTION ADDING AND REMOVING REVIEW OFFICERS FOR PLAT REVIEW 3/11/19 WHEREAS, the NCGS § 47-30.2 requires the Board of County Commissioners in each county, by resolution, to appoint persons to serve as Plat Review Officers to review each plat before it is presented to the Register of Deeds for recording; and WHEREAS, it is the desire of the Randolph County Board of Commissioners to ensure an expeditious review of all maps and plats as required by NCGS § 47- 30.2 before they are presented to the Register of Deeds for recording; and WHEREAS, from time to time, the County or municipalities may replace persons designated to perform all responsibilities as required for Plat Review Officers; and NOW, THEREFORE, BE IT RESOLVED, effective March 11, 2019, that Marc Allred, City of Trinity, be added as a designated Plat Review Officer and the following individuals be removed as designated Plat Review Officers: Jeff Wells, City ofArchdale; Adam Stumb, City of Trinity; Dumont Bunker, City ofAsheboro; and Mark Schroeder, Lee Burnette, and Robert Robbins all of the City of High Point; and BE IT FURTHER RESOLVED, that a copy of this resolution adding and removing the Plat Review Officers for Randolph County be recorded in the Randolph County Register of Deeds Office. Randolph County Economic Development Corporation (EDC) Annual Report Kevin Franklin, EDC Interim President, recognized EDC Board members in attendance; Chairman Frye, County Manager Hal Johnson, and Dr. Stephen Gainey. He said the EDC was successful with new and existing companies adding investment and jobs for Randolph County. More than $24,968,209 in new investments resulted in 142 new jobs. The EDC successfully obtained six Building Reuse Grants from the State of North Carolina to assist with these announcements. Two major projects for the Greensboro -Randolph Megasite continue to be courted in 2019 after months and months of recruitment in 2018. During 2018, the Randolph County EDC worked with six expansion projects and 39 new projects, most of which are still active projects today. Mr. Franklin said it was a year of new and expanding investments in Randolph County, highlighted by six expansions in six different locations in the county. Engineered Steel Products in Sophia, Ferree Trailer in Liberty, Trinity Furniture in Trinity, EGI Industries in Seagrove, PEMMCO in Asheboro, and Ambella in Archdale invested in Randolph County with their growing companies to the combined tune of $7,754,088 and nearly 79 new jobs. The Randolph County EDC assisted by obtaining $940,000 in grants for the expansions. Asheboro's Matlab invested more than $200,000 during their 2018 expansion. Ace -Avant moved into their new corporate headquarters in December. And, IE Furniture's new location in Randolph County was an investment of $2,850,000 with 30 new jobs. One additional new location is expected within the coming weeks. Aeolus Filter Corporation Building Reuse Grant Kevin Franklin, EDC Interim President, said Aeolus Filter Corporation is an Archdale -based company that processes and assembles filter media for the automotive industry and for 3/11/19 commercial/industrial HVAC systems. Aeolus purchased the property at 4010 Cheyenne Drive in the Archdale Industrial Park in 2014 to service the North American market on behalf of its parent company, German -based IREMA-Filter GmbH. The filter media processed and sold by Aeolus is manufactured by IREMA. The proposed expansion would create opportunity for Aeolus to pleat, laminate, and apply additional processes to filter media, all of which is currently being done in Germany. Recent growth in sales has necessitated the expansion. Aeolus intends to renovate a portion of their property to accommodate the new equipment and processes. The project will require upfits of manufacturing space as well as transformation of existing office space into a lab. Investment in building renovations will total at least $280,000; there will be additional related investment in machinery and equipment exceeding $1 million. In addition to the investment, Aeolus is committed to adding eleven new full-time jobs directly associated with the expansion, while retaining fourteen existing full-time positions. The new positions will pay an average annual wage of $35,500. Aeolus Filter is eligible for a Building Reuse Grant from NC Commerce in the amount of $135,000 ($12,273 per job) to assist with the renovation expenses. The City of Archdale is the grant applicant and authorized submission of the application at a February 26th Public Hearing. The grant program requires a 5% local government cash match which would total $6,750 based on this $135,000 grant request. The application has been submitted and award announcements are scheduled for April 18th The EDC believes that the Aeolus building renovation project is a good economic development project for the City of Archdale, increasing the value of the building, generating investment in new machinery and equipment, and resulting in the creation of eleven new quality jobs. Therefore, the EDC requests that Randolph County schedule a Public Hearing for April 1 st to consider partnering with the City of Archdale by committing to an equal share of the required grant match of $6,750 ($3,375 per unit of government). On motion of McDowell, seconded by Kidd, the Board voted unanimously to set a Public Hearing on April 1, 2019, at a meeting starting at 6: 00 p.m., to consider supporting the City of Archdale's submission of a Building Reuse Grant application and % of the required 5% local match of $6,750 ($3,3 75)for Aeolus Filter Corporation. CovenantMade, LLC. Building Reuse Grant Kevin Franklin, EDC Interim President, said CovenantMade, LLC is an Archdale -based manufacturer of custom cabinets. The company was founded in 2012 in a two -car garage by business partners Steve Smith and Eric Erb. In 2013, CovenantMade leased the building at 2509 Surrett Drive, which they still occupy, then purchased the property in 2014. Incremental growth over the past four years with significant growth in 2017-2018 has resulted in need for additional space. CovenantMade has entered into a lease agreement to occupy a vacant building next door to help alleviate space concerns. The woodworking department and administrative offices will be 3/11/19 relocated into the new building, freeing space in the current building to grow the finishing, assembly, and shipping/receiving departments once renovations are complete. Estimated cost for the renovations of real property at 2509 Surrett will total at least $143,000. The project will also result in job creation, with CovenantMade committed to creation of thirteen new full-time jobs and retention of twenty existing full-time positions. The new positions will pay an average annual wage of $32,385. CovenantMade is eligible for a Building Reuse Grant from NC Commerce in the amount of $65,000 ($5,000 per job) to assist with the renovation expenses. The City of Archdale is the grant applicant and authorized submission of the application at a February 26th Public Hearing. The grant program requires a 5% local government cash match which would total $3,250 based on this $65,000 grant request. The application has been submitted and award announcements are scheduled for April 18th The EDC believes that the CovenantMade building renovation project is a good economic development project for the City of Archdale, increasing the value of the building and resulting in the creation of thirteen quality new jobs. Therefore, the EDC requests that Randolph County schedule a Public Hearing for April 1St to consider partnering with the City of Archdale by committing to an equal share of the required grant match of $3,250 ($1,625 per unity of government). On motion of McDowell, seconded by Kidd, the Board voted unanimously to set a Public Hearing on April 1, 2019, at a meeting to start at 6: 00 p.m., to consider supporting the City of Archdale's submission of a Building Reuse Grant application and % of the required 5% local match of $3,250 ($1, 625) for CovenantMade, LLC. NC Carolina Core Chairman Frye introduced Mr. Brandon Jones, NCDOT District Engineer; Mike Soloman, Timmons Group; and Jed McMillan, Piedmont Triad Partnership. Mr. McMillan spoke in regards to the NC Carolina Core, a regional economic development partnership. He said lessons were learned from the Toyota/Mazda project. Because no one knew what the Piedmont was, the region needed marketing, a name, and global recognition. The example he gave of a successful project was Research Triangle Park. He said the region focus should be what that region has to offer. Hwy 421 connects four Megasites within 60 miles of each other. There was NCDOT support in making Hwy 421 an Interstate Corridor. The military was in favor of this because Fort Bragg is a disaster staging area and it would give them an alternate route in and out. Hwy 421 would tie the region together to become the Carolina Core. Mr. McMillan stated that marketing is taking place, a logo has been designed, advertising in global site selection publications is occurring, and signs have been designed to put along Hwy 421 designating it as the NC Carolina Core. He asked the Board for their support by approving both resolutions presented. 3/11/19 On motion of Haywood, seconded by McDowell, the Board voted unanimously to approve the Resolution to Support Future Interstate Upgrade for Hwy 421 and the Resolution to Support the NC Carolina Core, as follows: RESOLUTION TO SUPPORT FUTURE INTERSTATE UPGRADE FOR HIGHWAY 421 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION WHEREAS, Highway 421 connects Interstate 95 with Interstates 40 and 85; and WHEREAS, these Interstates and their continued operations are critical to the state and nation's economic well-being; and WHEREAS, Fort Bragg is a critical part of the national defense and access at all times is critical to this mission; and WHEREAS; two hurricane events in the last three years have caused portions of Interstate 95to be closed, limiting access to Fayetteville and Fort Bragg; and WHEREAS, for several days during the storms, the only viable routes to and from the area west of Fort Bragg were surface streets; and WHEREAS, the Research Triangle Park and the Capital area growth continues, adding thousands of vehicles to the current infrastructure; and WHEREAS, connecting Interstate 95 to Interstates 40 and 85 with an interstate facility would provide an alternate route for military and freight traffic; and WHEREAS, connecting Interstate 95 to Interstates 40 and 85 with an interstate facility would provide additional evacuation routes and relief and recovery routes for the region; and WHEREAS, the population of the Triad region consisting of Greensboro, Winston Salem, High Point and Burlington is over 1,668,000 and the population of the Fayetteville metropolitan area is in excess of 375,000; and WHEREAS, connecting Interstate 95 to Interstates 40 and 95 with an interstate facility would provide direct connections between two largely populated regions; and WHEREAS, the upgrade to interstate status for Highway 421 would increase safety, mobility, access for the military, and economic development; and WHEREAS, the North Carolina Department of Transportation Board has passed a resolution in support of the future interstate designation; and WHEREAS, the North Carolina Department of Transportation has recommended the future interstate designation be pursued through the North Carolina Congressional Delegation; and WHEREAS, the upgrade to interstate status would provide a high design evacuation route in the event of natural disasters as recently experienced during Hurricane Florence; and WHEREAS, a high design interstate would expedite logistics and staging to Fort Bragg in the event of a natural disaster and provide sustainability during emergency events; and WHEREAS, provide an alternate connection to Interstates 40 and 85 to support freight and commuter trafficflow; and 3/11/19 NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of Randolph County hereby, through adoption of this resolution, supports the efforts to designate US Highway 421 a future interstate corridor. RESOLUTION TO SUPPORT THE NC CAROLINA CORE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION WHEREAS, Highway 421 is the next engine for economic growth in the center of North Carolina; and WHEREAS, the Carolina Core is an emerging megasite corridor between Winston- Salem, Greensboro, High Point and Fayetteville at the heart of North Carolina; and WHEREAS, the development of four megasites, plus industrial sites, urban research parks and mixed use developments, present large-scale economic transformation opportunity in the Carolina Core; and WHEREAS, combining these megasites with a labor force of more than one million workers fueled by the innovation mindset of more than 30 colleges and universities positions the Carolina Core globally as a compelling site for industry; and WHEREAS, the public and private sector have invested hundreds of millions of dollars in infrastructure, sites and higher education, which will support economic growth in the Carolina Core; and WHEREAS, the Carolina Core provides the opportunity for incremental and transformational growth in North Carolina; and WHEREAS, the Carolina Core will brand and market the Highway 421 corridor as a vision for Central North Carolina to include signage along the corridor; and NOW, THEREFORE BE IT RESOLVED THAT the Randolph County Board of Commissioners, through adoption of this resolution, supports the efforts of the NC Carolina Core. Veteran Services Update Chad Gurley, Veteran Services Director, gave an update on Veteran Services. His office is comprised of his Assistant Veteran Service Officer, Emma Yow, and him. With the dramatic increase in veterans needing assistance, Mr. Gurley created a Volunteer Program. The volunteer goal statement is to assist veterans and their dependents in Randolph County to obtain benefits from the Department of Veteran Affairs, meet critical staffing needs through volunteers within the County, and serve veterans with compassion and empathy. Mr. Gurley said since his arrival in February 2018, requests for services in Randolph County have increased by 70%. They are seeing twenty or more veterans a day on average and responding to fifty or more phone calls for telephonic claims assistance in the Veteran Services office. Randolph County veteran population remains at 15,054. The Veteran Services Volunteer Program was created October 2018 in order to meet critical personnel needs in Randolph County. New veteran related legislation is causing an increased burden on the already limited staff in the department. The duties of volunteer personnel include greeting consumers and determining their needs, answering the telephone, scheduling appointments, providing information and referral assistance, 3/11/19 entering data, and other duties as assigned. Volunteers work 8-20 hours per week, not to exceed 20 hours in a 40 hour work week. Volunteer personnel are supervised directly by Mr. Gurley. Volunteer personnel are given a copy of position description, an application, and a tour of the Veteran Services office. After the tour, potential personnel applications are sent to Risk Management for assessment and background check. Once approved, volunteers can begin service. He stated that Nicole Vigneault, the first volunteer, was unable to attend the meeting due to a family emergency. She served in the US Army with a Military Occupational Specialty of Air Missile Defense. She also serves as a Volunteer Firefighter in her local community. She has a passion for serving veterans in Randolph County. Nicole began her volunteer service on January 7t'. Recruitment has proven to be effective via Facebook Nicole was able to apply directly through the departmental Facebook page. Mr. Gurley said he would like to add additional volunteers after the budget has been approved. Currently, the Veteran Services office can only accommodate one volunteer due to limited office space. This will change when the Elections department moves to a new space later this year. Mr. Gurley concluded his presentation and thanked the Commissioners for their time and support of Veteran Services. Commissioner Allen asked if there were any liability issues for the County with using volunteers. Mr. Gurley stated that there would not be since the volunteers are working under his license as a Federal contract employee. Waste Management Franchise Agreement and Operation Agreement Request County Manager Hal Johnson said the Board of Commissioners held a Public Hearing on February 11, 2019, to consider comments of Randolph County citizens related to the proposed revisions to the franchise that was issued to Waste Management of the Carolinas, Inc. (WM), on April 7, 2014, for disposal of solid waste in the Great Oak Landfill. The proposed revisions are generally summarized as clarifying the property covered by the franchise, increasing the allowed average daily intake from 2,000 tons per day (TPD) to 4,000 tons per day, changing the franchise term to "life of site" to comply with current law, and clarifying and affirming limits on posted gate rates. The original bid proposal from WM consisted of a $3.5 million up -front payment, a $750,000 capital contribution, a fixed land host fee payment of $1,000,000 (adjusted for inflation), and free citizen drop off at convenience sites. WM operates the convenience sites. REQUEST: With the potential for additional waste volumes, WM has requested a tonnage increase of 572,000 tons per year. This would bring the total allowable TPD to 4,000 tons. Although WM does not anticipate reaching the 4,000 TPD, this provides flexibility to allow them to seek other potential volumes within the geographic footprint of the existing franchise agreement. 3/11/19 HOST FEE: WM proposed to pay Randolph County $1.85 per ton for all tons over the existing annual cap of $572,000 which is equivalent to the amount that WM is paying the County per ton under the existing contract. Assuming that WM can increase the volume by 1,000 TPD, this would generate an additional $529,100 per year for Randolph County in addition to the $1M + the County currently receives. Randolph County's initial thirty year contract with WM was only for the eastern acreage consisting of 115/190 developable acres. The 2,000 TPD maximum tonnage gave the County a solid waste solution for over twenty years. Depending on how quickly volume increases, the eastern side of the landfill would probably be full in approximately fifteen years. The proposed WM contract amendment proposal does not change the total capacity that they have access to under the original agreement, however, it maximizes full capacity of the eastern side of the site over fewer years. The County would receive the same revenue over a shorter period of time. PUBLIC HEARING IDENTIFIED ISSUES SUMMARY Fifteen citizens spoke at the February 11th public hearing. Concerns expressed by the majority of citizens included noise, hours of operations, and smell generated by the existing operations. A central concern also involved truck traffic to the landfill not following the required routes. Excessive speeding, unsafe vehicle movements, and road pavement wear were issues highlighted by those who spoke. ACTION TAKEN TO ADDRESS CITIZEN CONCERNS: 1: WM has forwarded a letter to all companies that deliver to the Great Oak Landfill notifying them that drivers failing to adhere to the proper route will be banned from the landfill. They have also engaged a third party firm to capture pictures and other information necessary to ban non- compliant drivers from using the landfill. WM will enhance efforts to actively work with neighbors and the impacted community to obtain information which can be used to assist with this issue. 2: The Randolph County Sheriff's Office and the N.C. Highway Patrol have collaborated in providing enhanced traffic control along all roads providing access to the landfill. These efforts, which have included speeding citations and weighing of vehicles, have been very effective. 3: Commissioner Maxton McDowell recently attended an Inter -Agency Team meeting of the North Carolina Department of Transportation (NCDOT) and addressed the need for landfill road signs. Road signs are necessary to show the designated route for commercial use once trucks are in the area as well as signs reading "No Commercial Traffic." Once these designated signs are in place, any misuse of the road could be enforced by the Sheriff's Office and/or Highway Patrol. NCDOT will produce the signs and WM will be asked to pay for the signs and related costs. Commissioner McDowell stated that the NCDOT would install the signs. DRAFT ORDINANCE MODIFYING FRANCHISE 3/11/19 Having held the required Public Hearing, the Franchise modification process requires that this matter be voted upon at regular meetings of the Board of County Commissioners on March 11, 2019, and again April 1, 2019, for a final vote. Mr. Johnson said he had submitted a modified version of the Franchise amendment to the Commissioners prior to the meeting. The modifications consisted of the addition of potential fines and penalties. Mr. Johnson said that WM has taken very proactive measures in responding to some of the concerns expressed by citizens at the Public Hearing. As a result, it was his recommendation that the proposed penalties in the modified Franchise Agreement not be considered. He said these penalties and Franchise modifications had been specifically designed to address enforcement of transportation routes to the landfill and related truck safety issues. WM and law enforcement agencies have addressed these issues. If the Board wanted penalties to remain, Mr. Johnson recommended that those be considered during review of the Operations Agreement at the April 1, 2019 meeting. Commissioner McDowell said that a power higher than him had put things into play after the meeting that was mentioned above. He said the main concern was the roads and stated that the Commissioners could not force NCDOT to repave only encourage them to do so. Mr. Johnson stated that at the original hearing, the same question was addressed and NCDOT reiterated that they are responsible for those roads. Chairman Frye said it was beneficial that Mr. Brandon Jones, NCDOT Hwy Division Engineer, had been present during Public Comment period to hear the concerns of the citizens regarding the roads. Commissioner McDowell asked what more the Board could do in this situation. Chairman Frye responded that it was not a right-of-way issue to add the four inches to the width of the road. Commissioner McDowell commended NCDOT and the Highway Patrol Officers that were at the meeting for working together to start the process of upgrading the roads, posting appropriate signage, and enforcing speed and proper routes to the Great Oak Landfill. Bob Peeler, Senior Manager, Community Relations and Government Affairs, WM, said how important communication is in the partnership with Randolph County and that WM had presented an action plan to the County. He spoke of the letter to trucking companies that was mentioned previously and reviewed steps being taken to address citizen concerns. A third party started monitoring the roads for violation of routes to the landfill. NCDOT was recently at the entrance of the landfill at 7:00 a.m. to start repairs on the roads. The wheel wash was redone on February 18th to aid in reducing mud on the roads. Chairman Frye asked about CEI. Mr. Peeler said they are a contract hauler and stated that word had spread pretty fast about violators being fined or banned. Commissioner McDowell asked what the letter actually said. Mr. Peeler stated that any hauler that was caught not using the proper route to the landfill would be banned. The third party was doing the monitoring for WM three days per week. 3/11/19 Commissioner McDowell restated that the meeting he attended was a scheduled meeting which occurred approximately twelve hours after the Public Hearing. He felt it was an opportune time to mention the citizens' concerns from that hearing because "the right people, at the right time, at the right place" were there. Chairman Frye said that Commissioner McDowell's role on the RPO (Rural Planning Organization) allows him to get notice of other meetings that ultimately help citizens of Randolph County. He stated that the Commissioners work very hard and do not have just the Commissioners meeting once a month. All of them are at other board and committee meetings working for the citizens. Commissioner McDowell stated his commitment to keeping watch on those roads for the safety of the citizens. Commissioner Allen said he was sorry not to be at the hearing but had questions. He stated that this was like a game. "This is the first half, but there is still a second half." The Board has the Operating Agreement to consider. He said he drove the roads around the landfill and agreed with the citizens that the roads were very narrow and curvy. The part of Henley Country Road that had been repaved was already showing signs of cracking and breaking up. He mentioned the $2 per ton that the state was getting as part of the Franchise Agreement and wanted to be sure it was being appropriated towards maintaining the roads for Landfill traffic. He asked if the Board could ask for funds from NCDOT by Resolution. He was also interested in seeing the Operating Agreement and felt the "first half' moved the request forward to the next meeting. Commissioner Kidd said he agreed with Commissioner Allen with the analogy of first half and second half. He stated he drives the roads around the landfill and agrees the roads are narrow and trucks going by can be scary. He agreed that Randolph County and WM had a great partnership but one partner is missing, the NCDOT. The Board needs to stay in touch with legislators to push for the partnership to add NCDOT. Commissioner Haywood questioned the tonnage and life of the site and said she had conflicting answers. She wanted the citizens to know that the original tonnage was about 25 years of life but with the tonnage increase could potentially shorten that to fifteen years, although the tonnage would not double overnight. On motion of McDowell, seconded by Frye, the Board voted unanimously to approve the Waste Management Franchise Agreement requesting to increase daily tonnage from 2000 to 4000 tons per day, as follows: DRAFT AN ORDINANCE MODIFYING A FRANCHISE TO WASTE MANAGEMENT OF CAROLINAS, INC. TO PERMIT, CONSTRUCT AND OPERATE A SANITARY LANDFILL IN RANDOLPH COUNTY SECTION]. Grant ofFranchise 3/11/19 (a) Randolph County is responsible for providing long-term, cost-effective means of waste disposal for the citizens of Randolph County. The County has decided to open a regional Subtitle D solid waste landfill facility to serve its citizenry and surrounding counties and municipalities. (b) Pursuant to authority established in N. C. Gen. Stat. §§ 153A-136 and 130A-294, and pursuant to the procedures and requirements established in N. C. Gen. Stat. §§ 153A-46, 130A-294(bl)(2), and the Randolph County "Ordinance Establishing Procedures for the Application and Issuance of Franchises for Solid Waste Facilities, " Randolph County ("County') granted a franchise for the construction and operation of a solid waste landfill to Waste Management of Carolinas, Inc., ("Waste Management') subject to the conditions herein, on April 7, 2014. (c) Upon application by Waste Management and after a duly noticed public hearing and second reading, the County hereby removes the Section entitled "Renewal" and modifies new Section 6(a) to clam that this franchise applies only to the eastern portion of the total site; new Sections 6(b) and 8(a) to modem daily tonnage allowances; and Section 4 and new Section 9 to change the term of the franchise to life -of -site. All other terms and provisions of the original ordinance adopting this franchise not modified herein are reaffirmed. (d) This modification of franchise is contingent upon the execution of appropriate revisions to the operating agreement between the County and Waste Management. SECTION 2. Extent and Limits on Franchise (a) The County grants Waste Management an exclusive franchise for the following activities: (i) the permitting, construction and operation of a solid waste landfill within Randolph County; (ii) the operation and maintenance of the county's convenience centers and recycling centers, subject to existing contracts; (iii) the hauling of solid waste from within and outside Randolph County for disposal at the County's landfill facility; (iv) the recycling and resource recovery of materials in the waste stream. (b) The exclusive rights and privileges established in this franchise do not extend to the following: existing landfills; construction and demolition debris landfills; land clearing and inert debris landfills; or to decisions reserved by statute to Randolph County municipal corporations to control the hauling and disposal of waste within their municipal boundaries. 3/11/19 (c) The County does not grant Waste Management a franchise for the conversion of landfill gas energy or any other waste -to -energy activities within the landfill facility. Any activity involving (i) the collection, transport, disposal or processing of solid waste or (ii) the conversion of solid waste into energy or for any secondary use that is not specifically covered by this franchise shall be deemed excluded from this franchise. SECTION 3. Acceptance of Franchise The execution by Waste Management of the Operating Agreement between the County and Waste Management shall constitute an acknowledgement by Waste Management that it accepts the terms and provisions contained herein. SECTION 4. Term Pursuant to N.C. Gen. Stat. §130A-294(bl), this franchise shall commence on and extend to the life of the site as defined in Section 6(a) below from June 2, 2014, the date that Waste Management and the County first executed an operating agreement for the permitting, construction and operation of a solid waste landfill. SECTION 5. Territory and Population to be Served Waste Management may collect and receive permitted waste that is transported from within the State of North Carolina for recycling or disposal within Randolph County. The population to be served shall not exceed the population of the State of North Carolina as it increases or decreases from time to time. SECTION 6. General Description of the Proposed Sanitary Land (a) The proposed Randolph County landfill facility is located in central Randolph County adjacent to the existing closed Randolph County MSW Landfill, North Carolina Solid Waste Permit (NCSWP) 976-01. The center of the proposed Randolph County MSW landfill is located at Latitude: 35.752822°N and Longitude: 79.755992°W. The proposed disposal site is bordered to the north by the Deep River, to the west by the closed Randolph County landfill, to the south by Henley Country Road, and to the east by Old Cedar Falls Road. The proposed landfill is composed of several undeveloped parcels comprising approximately 667 acres, approximately 200 acres of which are proposed as the waste disposal unit. The footprint of the first phase of the proposed landfill is approximately 34 acres and is located on the southeastern side of the subject property. The first phase of the proposed landfill will be designed to contain approximately ten years of waste disposal and will occupy approximately 34 acres of the total 190 -acre waste footprint. The facility entrance will be located off of Old Cedar Falls Road at the eastern corner of the landfill. This franchise extends to and covers only the 115 acre eastern portion of the landfill and does not extend to the western side of the power lines crossing the facility. 3/11/19 (b) The landfill facility shall be served by an entrance road leading to scales for all incoming waste. Waste will be deposited into lined cells, compacted, and covered daily as required by law. Waste Management may receive, on average, up to 4, 000 tons per day. Recycling and/or resource recovery is expected to occur within the landfill facility. The beneficial use of landfill gas is also an expected future activity. The proposed landfill facility will be permitted, constructed, and operated in accordance with state and federal rules and regulations governing Subtitle D facilities. The landfill shall have protective geo-membrane liner systems, leachate collection, and environmental monitoring systems as required by state and federal rules and regulations and the County issued Special Use Permit. (c) The County also owns four convenience centers and expects to have two more constructed. The convenience centers shall be managed as local collection centers for county citizens. This franchise extends to and includes these convenience centers which are located in areas outside the landfill facility. SECTION 7. Types of Waste Allowed (a) The types of waste allowed in the waste stream shall be wastes defined by the State of North Carolina as "municipal solid waste " and any other wastes allowed by law and permit to be disposed of in a fully permitted municipal solid waste landfill. Municipal solid waste shall include any solid waste resulting from the operation of residential, commercial, industrial, governmental, or institutional establishments that would normally be collected, processed, and disposed of through a public or private solid waste management service. (b) If the facility permit provides for limitations on the types of solid waste allowed, Waste Management shall strictly abide by the permit requirements. (c) Limitations on waste types contained in the Special Use Permit shall apply. SECTION 8. Description of the Volume and Characteristics of the Waste Stream (a) The volume of waste disposed shall not exceed an average daily intake and disposal rate of 4, 000 tons per day or a maximum daily intake and disposal rate of 5,500 tons per day to account for times when intake rates may peak, including periods when emergency debris management is required after floods, hurricanes, tornados or other such events. (b) The characteristics of the waste stream entering the landfill facility may include all solid waste allowed by law, subject to limitations imposed by the facility's Special Use Permit and the facility permit. Unless limited by permit, Waste Management may accept all typical waste streams for a fully permitted Subtitle D landfill. Subject to limitations imposed by the facility permit and operating agreement, Waste Management may construct a solidification pit that enables Waste Management to accept liquid waste streams for treatment and disposal. 3/11/19 Recovered and recyclable materials and any recycled products shall be diverted from the solid waste disposal facility to the extent reasonably feasible and required by the County, state laws or the operating permit. SECTION 9. Projection o the Use ul Life of the Landt Based upon engineering calculations and other data, the useful life of the site as defined in Section 6(a) above is projected to be approximately 12 to 15 years based upon an average daily intake of 4, 000 tons per day, with this franchise covering the life -of -site of the eastern 115 acres described in Section 6(a). Waste Management accepts this estimate and acknowledges that this calculation is based upon information currently available and assumes any risks that the useful life could be less than projected. SECTION 10. Procedures for Governmental Oversight (a) The Randolph County Planning Department, acting in the normal course of business, shall oversee compliance with the Special Use Permit issued by the Randolph County Planning Board pursuant to authority bestowed by both general statute and the Randolph County Zoning Ordinance. (b) NCDEQ, pursuant to its own policies and schedules, shall oversee compliance with the Permit to Construct and the Permit to Operate. (c) The North Carolina Department of Transportation shall oversee compliance with the terms of the landfill facility driveway permit and, in cooperation with the Randolph County Planning Department, shall oversee road improvements as required by the Special Use Permit. (d) Randolph County shall regularly oversee compliance with the Operating Agreement and this franchise. SECTION 11. Regulation of Fees and Rates Waste Management shall be responsible for setting landfill fees and rates. Fees and rates charged for disposal of waste in the landfill facility may change from time to time and shall be fees and rates determined by Waste Management to be commercially reasonable and competitive within the industry as reflected by rates at privately owned or operated facilities in North Carolina. Posted gate rates shall not exceed an approximate average of posted gate rates at similar, privately owned or operated facilities in Piedmont North Carolina. SECTION 12. Payments to Randolph County Waste Management shall pay Randolph County such payments, host fees, closure and post -closure costs and other fees as set forth in the operating agreement. 3/11/19 SECTION 13. Compliance with Laws Waste Management shall comply with all federal, state and local laws and permits regarding the hauling and transport of solid waste and the construction and operation of the landfill and convenience and recycling centers. Waste Management's willful or intentional violation of federal, state or local laws may grounds for revocation of this franchise. SECTION 14. Franchise Non -Transferable (a) This franchise is issued exclusively to Waste Management upon the County's determination that Waste Management has the requisite experience and financial strength to permit, construct and operate a regional municipal solid waste landfill. This franchise cannot be sold, transferred, leased, assigned, acquired or disposed of, including, but not limited to, by force or voluntary sale, merger, consolidation, acquisition, bankruptcy, receivership or other means to any other person or entity except upon consideration and approval of the Board of Commissioners following procedures established by law. (b) Waste Management shall promptly notes the county of (1) any actual or proposed change in or transfer of its ownership or (2) acquisition by any other party of control of the company. The word "control" as used herein is not limited to majority ownership but also includes operational control in whatever manner exercised. A rebuttable presumption that a transfer of control has occurred shall arise upon the disposal by Waste Management, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation devise or otherwise, of at least 50 percent ownership or controlling interest at one time or cumulatively over the term of the franchise to a person or group of persons, corporation, partnership, limited partnership, trust, limited liability, or company association. Any two or more persons or entities which cumulatively own more than fifty (50) per cent of the company and act in concert shall be considered one entity owning a majority interest. (c) The transfer, sale, lease, assignment or disposition of control of Waste Management, including, but not limited to, by force or voluntary sale, merger, consolidation, receivership or other means, shall make the franchise subject to cancellation unless and until the county shall have consented thereto. For the purpose of determining whether it shall consent to such transfer, sale, lease, assignment or disposition of control of Waste Management, the county may inquire into the legal, financial, character, technical and other public interest qualifications of the prospective controlling party, and the proposed grantee shall assist the county in any such inquiry. Failure to provide all information reasonably requested by the county as part of its inquiry may be grounds for denial of the proposed franchise transfer. After considering the legal, financial, character, technical, and other public interest qualifications of the applicant, the county may transfer and assign the rights and obligations of such franchise as may be in the public interest. The consent of the 3/11/19 county to such transfer shall not be unreasonably withheld, conditioned or delayed. (d) Any approval by the county or transfer shall be contingent upon the prospective controlling party becoming a signatory to the franchise and any operating agreement or other agreement as required by the county. (e) The requirements of the State of North Carolina pertaining to the transfer of ownership or control of an entity possessing a solid waste permit are separate requirements. SECTION 15. No Recourse Waste Management shall have no recourse whatsoever against the county or its officials, boards, commissions, agents, subcontractors, vendors, or employees for any loss, cost, expense or damage arising out of any provision or requirements of the franchise or because of the enforcement of the franchise. This section does not apply to equitable relief. SECTION 16. For and Revocation (a) This franchise may be revoked in its entirety or with respect to certain rights and privileges upon (1) Waste Management's default in the performance of any of the material obligations under this franchise or the operating agreement after notice and opportunity to cure as provided in the operating agreement; (2) Waste Management's willful violation of any orders or rulings of any regulatory body having jurisdiction over Waste Management's operation of the landfill after notice thereof, continuing and not being remedied or reasonably addressed within 60 days of notice; (3) Waste Management's commission of fraud or any unfair or deceptive act or practice in its application for this franchise or as to the County under this franchise or the operating agreement; (4) Waste Management's insolvency, inability, or unwillingness to pay any debts; or Waste Management is adjudicated bankrupt; (S) Waste Management's misrepresentation of a material fact in the application for, or negotiation of the franchise or any extension or renewal thereof. (b) The procedures to be followed in the event of any of the reasons or bases for default established in Section 16(a) above shall be the procedures set forth in Section 8(b) of the Randolph County Ordinance Establishing Procedures for the Application and Issuance of Franchises for Solid Waste Facilities. The decision which results after completion of appeal procedures as set forth in Section 8(b) shall constitute an exhaustion of administrative remedies. Capital Improvement Plan Update Will Massie, Finance Officer, said as the year has gone on, several changes in the County's Capital Improvement Plan have been necessary and others have been discussed. At the February Board retreat, the Board received updates on several projects. When the Board is ready to make decisions on project financing and timing, the Capital Improvement Plan can be updated. 3/11/19 Asheboro City School Facilities Projects — The original plan was to finance the various small elementary and middle school upgrades with debt proceeds. As discussed at the retreat, the Board may want to use $2.5 million of General Fund reserves set aside for capital improvements and convert these projects to pay-as-you-go financing. This will allow the projects to begin as soon as the schools let out for summer. A proposed budget amendment was provided for consideration. The project funds can either be remitted to the School Board or held to pay invoices. Trinity Middle School Project — This $30 million project is on schedule to be bid this upcoming spring, with the financing with limited obligation bonds in July. The County has advanced $1,000,000 for the design work. These funds can be reimbursed after the debt is issued. A full project budget will be presented soon. Randolph County Detention Center — Sheriff Seabolt's staff had requested a number of changes to the scope of the project, which were supported by the Facilities Committee and reviewed at the retreat. A project amendment is provided to update the total project cost to $30,500,000. There is also reimbursement of $1,000,000 advanced by the General Fund after the debt is issued. This project will be financed with limited obligation bonds in October. Asheboro High School Renovation Project — Now that the Asheboro High School Addition is underway, Smith Sinnett, the architects, will be ready to begin the detailed design of the $15 million renovation of old high school areas. The financing is anticipated for the fall of 2020. A full project budget will be presented soon. An advance of County funds will be necessary in order to initiate the design. These funds can be reimbursed after the debt is issued. Courthouse Renovation Project — Once the Northgate project is complete and Probation and Parole has moved out of the Courthouse, the County will be ready to begin implementing the recommendations of the space utilization study. This will be renovation for judge, district attorney, clerk of court, and other areas. An architect will need to be retained to perform actual design and assist with the staging of upgrades. A full project budget will be presented later this year. Ideally, this would be a pay-as-you-go funded project. Area projects could be funded one at a time rather than fund the entire renovation. Commissioner Kidd asked about the $2 million that is amending the Detention Center Project budget. Mr. Massie explained that it was for changes made to improve the functionality and safety in the Detention Center. Commissioner McDowell asked why the Detention Center Project estimate had increased so dramatically. Chairman Frye commented that it had started at under $20 million. Commissioner Allen added that it started at approximately $17 million then jumped to $18 million with inflation. Chairman Frye stated that some of the increase was from tariffs. With the change at the Sheriff's Office, new leadership had different ideas about the jail. He reminded everyone that the project has not been put out to bid and could possibly come down. 3/11/19 Commissioner McDowell reiterated that it was originally $17-20 million but now it is $30 million. What has happened? Chairman Frye responded that square footage had actually been taken out of the original design. The general concept has not changed. The upgrade is to house Special Populations. He said some things had decreased, but he agreed that the overall project cost has increased considerably. Mr. Massie reminded everyone that there were no responses in the first bid phase. Chairman Frye questioned the Courthouse renovation and if it was renovation, not constructing an addition. Mr. Massie responded that was correct. Chairman Frye said that he hoped the Legislature would vote to give counties additional funding for capital projects. He asked if that is passed, would the Board be able to use it for the Trinity Middle School Project. Mr. Massie said it could not because that project would already be in progress. He said it was his understanding, if the School Bond did pass, the money could be used for renovations. On motion of Allen, seconded by Haywood, the Board voted unanimously to 1) approve the transfer of funds from the General Fund and Budget Amendment 91 and for the Asheboro School Renovations Capital Project fund in the amount of $2, 000, 000 and 2) approve Budget #4 for the Randolph Countv Detention Center Capital proiect Fund in the amount of$3.250.000: as follows: 2018-2019 Budget Ordinance General Fund—Budget Amendment #42 Revenues Increase Decrease Appropriated Fund Balance $2,000,000 Appropriations Increase Decrease Transfer to Asheboro School Renovations Capital $2,000,000 Project Asheboro School Renovations Capital Project Fund Budget Amendment #1 Revenues Increase Decrease Trans er rom General Fund $2,000,000 Appropriations Increase Decrease Construction $2,000,000 Randolph County Detention Center Capital Project Fund Budget Amendment #4 Revenues Increase Decrease 3/11/19 Proceeds,from Debt $3,000,000 Housing Unit EA Sales Tax Reimbursement $150,000 $2,500 Investment Earnings $100,000 Special Management Unit Addition Appropriations Increase Decrease Construction $2,250,000 Provide a new Master Control Room Transfer to General Fund $1,000,000 $3,850 Detention Center Matters Paxton Arthurs, County Engineer, said that last year, the design of the expansion and renovation of the Randolph County Detention Center was completed by Moseley Architects. The County began working with Bordeaux Construction to plan for the construction of this project. When Sheriff Seabolt took office in December, the bid documents for the Detention Center were complete and he did not have an opportunity to contribute to this design process. Once he and his staff had the opportunity to review the design, there were several details which they felt could be modified to increase safety at the facility. Additionally, in order to offset the costs of the changes, they identified several areas that could be deleted from the scope of the project. Because these changes involve additional pre -construction services and will require updates to the construction drawings, both Moseley Architects and Bordeaux Construction have requested addendums to their current contracts with the County. The following are the requested design change costs of Moseley Architects: Add a Maintenance / Storage Area $58,240 Housing Unit EA $0.00 G Pod renovations $2,500 Trustee Unit Modifications $4,000 Special Management Unit Addition $132,000 D&F Pod Control Room $5,000 Employee Parking Lot Fencing $0.00 Provide a new Master Control Room $16,000 Vehicle Sallyport and Parking Revisions $3,850 Total: $221,590 The following are the estimated construction costs by Moseley Architects: Special Populations Unit addition $ 1,650,000 Master Control relocation $ 160,000 Delete "G" pod control room $ -100,000 Delete "D" & "F" pod control room $ -100,000 Delete fence for staff parking $ -55,000 Delete medical unit addition $ -600,000 Maintenance building addition $ 832,000 Delete vehicle sallyport $ -200,000 In order to keep this priority project moving forward without delay, Mr. Arthurs requested that the Board 1) accept an addendum from Moseley Architects in the amount of $221,590.00 for additional design services, 2) accept an addendum from Bordeaux Construction in the amount of 3/11/19 $38,000 for additional pre -construction services, and 3) authorize the County Manager to sign both addendums. Chairman Frye asked if the Board should expect any more changes. Mr. Arthurs stated that he did not think so. Bids would go out in June or July and the guaranteed maximum price should be ready by the end of the summer. Commissioner Allen questioned when the original guaranteed maximum price should have been presented. Mr. Arthurs responded it should have been this meeting. He added that the Connect NC money was driving costs upward. Commissioner Allen asked about indirect versus direct supervision. The original plan had indirect supervision to get Jailers out of the population of inmates but now direct supervision has been added back to the plan. He said he was disappointed in Moseley. Mr. Arthurs responded that it was due to the change in leadership and also had to do with the classification of inmates. Special Population inmates needed constant supervision in case of a medical emergency. Other groups of inmates were less of a risk to the Jailers. Chairman Frye said he felt it was a different approach with the new administration. Commissioner Allen asked about the capacity. Mr. Arthurs said it was around 400 inmates, possibly more with the Special Populations unit. Commissioner Frye shared some information from the NACo conference he had recently attended. One meeting topic was the opioid and mental health problem that is causing jail and hospital overcrowding. He gave an example of a person on the street talking to an imaginary person. He is not hurting anyone, yet he is taken to jail. Commissioner Allen stated that the new Daymark Center in collaboration with Sandhills Mental Health should be open soon to help with mentally ill and addicted patients. Commissioner Kidd said he was struggling with the budget numbers. Mr. Massie explained the budget amendment is covering the current estimates. Commissioner Kidd said the Sheriff's Office has numerous requests for one department when the Board needs to fill requests from the rest of the County departments as well. Mr. Arthurs said the Special Population unit is the majority of the cost. G -Pod, which was originally going to be used for Special Populations, is individual cells. Those cannot be used for Special Populations due to the constant monitoring that must be done. Commissioner Allen said he is bothered by the $832,000 for the maintenance building. Mr. Arthurs said he feels the cost is out of line and thinks it will come down once it is bid. Commissioner Allen does not want to pay an architect for design fees based on this high estimate. Chairman Frye said once the bids are tabulated, then the Board can negotiate. He sees no basis for the $832,000 either but it covers the expense. 3/11/19 Commissioners McDowell and Allen reiterated that they do not think the estimate for the maintenance building is justified. Mr. Arthurs stated that the price should be lower when the guaranteed maximum price is presented. Commissioner Allen said a maintenance building could be built for the design cost of $58,000 that is being presented. Mr. Arthurs stated he could talk to the architects about the fees. Commissioner McDowell wanted confirmation on what the Board was being asked to decide. Chairman Frye replied the fees for Moseley Architects and Bordeaux Construction. Mr. Arthurs assured the Board that both companies are continuing to work so there is no additional delay. Chairman Frye questioned if all the work billed on the invoice had been done. Mr. Arthurs said part of the work was done. Chairman Frye commented if this addendum is not approved, work will stop. Mr. Massie said the project was on tight deadlines but final approval could be changed from October to November if the Board would like. Commissioner Allen stated that he did not want to delay the project more. Mr. Arthurs commented that inmates were being moved for the construction. Chairman Frye said inmates are already being moved to other counties because of overcrowding. Mr. Arthurs clarified that the maintenance area was not a request of the Sheriff. It had been identified as an OSHA violation due to the proximity of the current maintenance office to the boiler room. Commissioner Allen asked what kind of equipment is stored in maintenance. Mr. Arthurs replied tractors, Gators and other heavy equipment. Commissioner Allen suggested removing the maintenance area from the design. Chairman Frye said the budget amendment does not mean the money will be spent on this. Mr. Arthurs said there would still need to be drawings for design, even as an option, which would create more design costs. Chairman Frye proposed not to approve the $58,240 until the architects can explain how they came up with that number. On motion of Allen, seconded by Kidd, the Board voted unanimously to accept an addendum from Moseley Architects in the amount of $163,350 for additional design services and authorize 3/11/19 the County Manager to sign it. The additional $58,240 will be paid after an explanation of charges from Moseley Architects. On motion of Allen, seconded by Kidd, the Board voted unanimously to accept an addendum from Bordeaux Construction in the amount of $38, 000 for additional design services and authorize the County Manager to sign it. On motion of Allen, seconded by Haywood, the Board voted unanimously to approve Budget Amendment #4 for the Randolph County Detention Center Capital Project Fund in the amount of $3,250,000. Randleman Recycle Site Paxton Arthurs, County Engineer, said the County staged recycling containers at the parking lot of the old Randleman City Hall. While City staff could somewhat monitor the bins at this location, it was a bit of an eyesore. Several years ago, Randleman created a dedicated lot on Depot Street for these containers. Because this location is not manned, there have been ongoing issues with contamination at this site. Citizens were using it to dump household waste and large items like furniture and mattresses. When this contamination occurs, Randleman City staff is taxed with the cleanup and the City is then billed for the tipping fees of the removed material. Mr. Arthurs said he was contacted by the City and informed that they were considering closing the site. Since servicing of this site is included in the contract with Waste Management, he stated he would not want to give up that service. However, the problems associated with this site would make it understandable. There is a possible alternative, convert the unmanned recycle -only site into a full service Convenience Site. The agreement with Waste Management included the operation of two additional manned Convenience Sites and the construction of the Trinity Convenience Site leaves one remaining location. The County has funds in the Solid Waste account that could cover the cost of developing the property which would most likely be around $175,000. Mr. Arthurs said he developed a preliminary drawing of the proposed site and while there are many more details that would need to be worked out, it appears that this project would be feasible. The preliminary site plan is as follows 3/11/19 He said if the Board was agreeable to the idea, collaboration would begin with Randleman City staff to refine this plan and get the necessary regulatory approvals. On motion of Haywood, seconded by Kidd, the Board voted unanimously to accept the preliminary plan for the Randleman Convenience Site. Trinity Convenience Site Paxton Arthurs, County Engineer, said a contract for the construction of the Trinity Convenience Site was awarded to Asheboro Construction. The project has been delayed by weather, and recently, was delayed by a required change in the layout of the driveway entrance. He stated that he had originally designed the project to have both an entrance and exit driveway to provide good circulation and traffic flow. When the contractor applied for a driveway permit from NCDOT, concern was raised that the proposed entrance did not have enough sight distance due to an adjacent curve in Kennedy Road. After meeting with DOT, it was proposed that the driveway be changed to a single entrance/exit design and to move it farther east to gain additional sight The recommended changes in the design have now been made and a driveway permit has been issued by DOT. The contractor has reviewed the proposed changes and has presented a change order in the amount of $22,646.85. There are enough remaining funds in the approved budget to accept this change without a budget adjustment. 3/11/19 While this change comes at a price, it will increase the safety of the facility and still provide for good traffic flow. Mr. Arthurs recommended that the Board approve the change order to Asheboro Construction in the amount of $22,646.85. On motion of Kidd, seconded by McDowell, the Board voted unanimously to accept the Change Order from Asheboro Construction for the Trinity Convenience Site in the amount of $22,646.85. Amended DSS MOU Tracie Murphy, Social Services Director, said back in the summer of 2018, Randolph County was one of the last counties to sign a required Memorandum of Understanding (hereinafter the "MOU") with the North Carolina Department of Health and Human Services (DHHS) as required by North Carolina General Statute 108A-74. There were many issues in the MOU that caused concern, including performance measures that were vague and ambiguous and that held the Social Services department accountable for circumstances beyond their control. Prior to signing the MOU, DHHS explained that they were working to address the growth measures with the counties and would be making changes that would be favorable to counties. Those modifications to the agreement have been made. DHHS has now submitted a Modification Agreement to the MOU for approval. Ms. Murphy summarized the modifications to the MOU. Nine (9) performance measures have been changed from static measures to growth measures (for a total of 17 growth measures). Five (5) measures have been updated to align with federal benchmarks and one (1) measure has been removed entirely. Also, due to the impact of Hurricane Florence on county and state operations, the MOU is modified to clarify that no performance improvement or corrective action will be initiated on the basis of this MOU for the 2018-2019 fiscal year. Specifically, the modifications made to the MOU are as follows: 1. Section 2.1: Clarifying language that DHHS will not take any actions under Attachment X (corrective action) on the basis of the MOU for fiscal year 2018- 2019. 2. Section 12.0: Change to the DHHS's point of contact. 3. Section 14.0: Clarifying language that, for some performance measures, the County will be assessed on an individualized growth measure and not the standard performance measure. 4. Attachment I through IXPerformance Measurements: a. The format of the performance measures has been modified to create three columns (Standard Measure, County Performance Measure and the Rationale and Authority). The Standard Measure is the statewide measure based on federal or state law, rule or policy identified in the Authority. The County Performance Measure will be the county -specific target. For some measures, this County Performance Measure will be the same as the Standard Measure. For others, the County Measure will be the growth measure tailored to each individual county to be determined for next fiscal year's MOU. b. Included with every performance measure is an expanded rationale giving additional background and context to the required measure as well as updated and additional citations to identify the authority from which the measure is derived. 3/11/19 c. Specific Attachment Modifications: i. Attachment L Child Welfare—Child Protective Services (CPS) • Both CPS performance measures have been changed to growth measures ii. Attachment IL Child Welfare—Foster Care • All Foster Care performance measures have been changed to growth measures. • DHHS deleted the measure which read: "The County will document permanency goals for 95% of foster youth within 60 days of a child entering custody or for whom the county has placement authority." • DHHS amended the Standard Measure from 41% to 40.5% for the Foster Care performance measure which previously read: "The County will provide leadership for ensuring that 41% of children who enter foster care in a 12-month period are discharged to permanency within 12 months of entering foster care." • DHHS amended the Standard Measure from 9% to 9.1% for the Foster Care performance measure which previously read: "For all children who were victims of maltreatment during a twelve- month period, no more than 9% received a subsequent finding of maltreatment." iii. Attachment III: Child Support • Each Child Support performance measure will remain growth measures. • In the first four Child Support performance measures, DHHS included in the text of the Standard Measures what is required under federal law. • The fifth Child Support performance measure remains unchanged. iv. Attachment IV: Energy Programs • These performance measures remain the Standard Measure for each county. • The Rationale and Authority for these performance measures have been updated. v. Attachment V: Work First • The first two of these performance measures have been changed to growth measures. • The remaining two performance measures will continue as Standard Measures for all counties. The Standard Measure has been changed from 100% of applications and recertifications processed in the given timeframe to 95% of applications and recertifications processed in the given timeframe. vi. Attachment VI: Food and Nutrition Services 3/11/19 • These performance measures remain the Standard Measure for each county. • DHHS amended the Standard Measure from 100% to 90% for the Food and Nutrition Services performance measure which previously read: "The County will ensure that 100% of Program Integrity claims are established within 180 days of the date of discovery." vii. Attachment VII: Adult Protective Services • Each Adult Protective Services measure has been changed to a growth measure. viii. Attachment VIII: Special Assistance • Each Special Assistance measure has been changed to a growth measure. ix. Attachment IX: Child Care Subsidy • The performance measure will remain the Standard Measure for each county. • The Rationale and Authority for this performance measure have been updated. 5. Attachment XCorrective Action: Clarification that DHHS will not initiate any actions set forth in Attachment X during this fiscal year. Commissioner McDowell asked Ms. Murphy how confident she was with the changes. She said she felt this amendment was much better than the original document. Chairman Frye stated that someone must have listened to Randolph County. Ms. Murphy reiterated that Randolph County, being one of the last to sign, advocated the need for a change for all the counties. Commissioner Allen said he felt the County performance measures are more attainable and the standard measures leave room for improvement. Ms. Murphy stated she "would not be first in line to say we love it" but it did address modification of outcomes that cannot be controlled by Social Services. On motion of McDowell, seconded by Allen, the Board voted unanimously to accept the Modification Agreement to the Memorandum of Understanding (Fiscal Year 2018-19) Between the North Carolina Department of Health and Human Services and Randolph County, as follows: Modification Agreement to the MEMORANDUM OF UNDERSTANDING (FISCAL YEAR 2018-19) BETWEEN THE NORTH CAROLINA DEPARTMENT OFHEALTHAND HUMAN SERVICES AND RANDOLPH COUNTY The parties agree to modem the MOU as set forth below. The terms and conditions set 3/11/19 forth in the MOUare adopted by reference and fully incorporated as ifset forth herein. The terms of this Modification Agreement supersede and replace any conflicting or contrary terms of the MOU. 2.1 Default and Modification Performance Improvement/Corrective Action: Prior to the Department exercising its authority to withhold State and/or federal funding for a failure to satisfy the mandated performance requirements or failure to comply with the terms of this MOU, the steps set forth in Attachment X will govern. For this MOU covering Fiscal Year 2018-2019, the Department will not initiate any actions set forth in Attachment X on the basis of this MOU. Nothing contained in this MOU or Attachment X shall supersede or limit the Secretary's authority to take any action otherwise set forth in N.C. Gen. Stat. § 108A- 74. 12.0 Notice The persons named below shall be the persons to whom notices provided for in this MOU shall be given. Either Party may change the person to whom notice shall be given upon written notice to the other Party. Any notice required under this MOU will only be effective if actually delivered to the parties named below. Delivery by hand, by first class mail, or by email are authorized methods to send notices. For the Department of Health and Human Services, Division of Social Services IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BYANY OTHER MEANS Michael Becketts, Assistant Secretary Michael Becketts NC DHHS NC Department of Health and Human Doretha Dix Campus, McBryde Building Services 2001 Mail Services Center Phone: 919-527-6338 Raleigh, NC 27699-2001 E-mail: Michael.Becketts@dhhs.nc.gov 14.0 Responsibilities of the County The County hereby agrees that its responsibilities under this MOU are as follows: (1) The County shall adhere to the mandated performance requirements for each social services program as identified in Attachments I through IX. For a County Performance Measure designated in Attachments I through IX as a Growth Measure, the County's performance will be assessed based on its achievement of this Growth Measure. The County will ultimately work towards achievement of the Standard Measure. Attachments follow: 3/11/19 ATTACHMENT I —MANDATED PERFORMANCE REQUIREMENTS: Child Welfare - CPS Assessments ATTACHMENT II— MANDATED PERFORMANCE REQUIREMENTS: Child Welfare - Foster Care Standard Measure County Performance Measure Rationale and Authority 1 The County will DHHS will work with the Ensure that allegations of abuse, neglect initiate 95% of all county to idents a and dependency are initiated timely. The screened -in reports performance measure for timeframes for initiating an investigation within required time FY19-20 based on the prior of child maltreatment are defined in state frames fiscal year's performance. law as, immediately, within 24 hours, or each month. within 72 hours depending on the nature and severity of the alleged maltreatment. NC General Statutes § 7B-302; 1 O NCAC 70A.0105; NCDHHS Family Services Manual: Vol. 1, Chapter VIII.• Child Protective Services, Section 1408 - Investigative & Family Assessments 2 For all children DHHS will work with the Ensure that children who have been who county to idents a substantiated as abused, neglected or were victims of performance measure for dependent are protected from further maltreatment FY19-20 based on the prior harm. during a twelve- fiscal year's performance. month period, no National Standards for State Performance more than 9.1 % on Statewide Data Indicators established received a by the Children's Bureau to determine subsequent finding conformity with Title IV -B and IV -E of the of maltreatment Social Security Act and the Child and Family Services Review. ATTACHMENT II— MANDATED PERFORMANCE REQUIREMENTS: Child Welfare - Foster Care 3/11/19 Standard Measure County Performance Measure Rationale and Authority 1 The County will DHHS will work with the Ensure the ongoing safety of children and ensure that 95% of county to idents a the engagement and well-being offamilies. all foster youth have performance measure for face -to face visits by FY19-20 based on the prior Child and Family Services Improvement the social worker fiscal year's performance. Act of 2006 (Public Law 109-288, section each month. 7) amending Section 422(b) of the Social Security Act (42 USC 622(b)) 3/11/19 2 The County will provide leadership for ensuring that 40.5% of children who enter foster care in a 12-month period are discharged to permanency within 12 months of entering foster care. DHHS will work with the county to idents a performance measure for FY19-20 based on the prior fiscal year's performance. Ensure that children in out-of-home placements are able to obtain safe and permanent homes as soon as possible after removal from their home. National Standards for State Performance on Statewide Data Indicators established by the Children's Bureau to determine conformity with Title IV-B and IV-E of the Social Security Act and the Child and Family Services Review. 3 The County will DHHS will work with the Ensure that children existing foster care provide leadership county to idents a are in stable homes so that they do not re- for ensuring that of performance measure for enter foster care. children who enter FY19-20 based on the prior fiscal year's performance. CFSR: Safety Outcome 1: Children are, foster care in a 12- first and foremost protected from abuse month period who and neglect. were discharged within 12 months to National Standards for State reunification, Performance on Statewide Data kinship care, or Indicators established by the Children's guardianship, no Bureau to determine conformity with Title more than 8.3% re- IV-B and IV-E of the Social Security Act enter foster care and the Child and Family Services Review. within 12 months of their discharge. 4 The County will DHHS will work with the Ensure that children who are removed provide leadership county to idents a from their homes experience stability for ensuring that of performance measure for while they are in foster care. all children who FY19-20 based on the prior fiscal years performance. CFSR: Permanency Outcome 1: Children enter foster care in have permanency and stability in their a 12- month period living situations. in the county, the rate of placement National Standards for State moves per 1000 Performance on Statewide Data days offoster care Indicators established by the Children's will not exceed Bureau to determine conformity with Title 4.1%. IV-B and IV-E of the Social Security Act and the Child and Family Services Review. 3/11/19 ATTACHMENT III— MANDATED PERFORMANCE REQUIREMENTS: Child Support 3/11/19 Standard Measure County Performance Measure Rationale and Authority 1 80% ofpaternities DHHS will work with the county Paternity establishment is an established or to idents the County's essential component in obtaining and acknowledged for performance measure for FY19- enforcing support orders for children born out of 20 based on the County's children. wedlock. performance for the preceding state fiscal year 42 USC § 652(g)(])(A) 42 USC § 658a(b) (6) (A) NCGS 110-129.1 2 80% of child DHHS will work with the county A court order creates a legal support cases have to idents the County's obligation for a noncustodial parent a court order performance measure for FY -19- to provide financial support to their establishing support 20 based on the County's children. obligations. performance for the preceding state fiscal year 42 USC § 652(g)(1)(A) 42 USC § 658a(b) (6) (B) NCGS 110-129.1 3 80% of current DHHS will work with the county The current collections rate is an child support paid. to idents the County's indicator for the regular and timely performance measure for FY -19- payment of child support 20 based on the County's obligations. performance for the preceding 42 USC § 652(g)(])(A) state fiscal year 42 USC § 658a(b) (6) (C) NCGS 110-129.1 4 80% of cases DHHS will work with the county Collection of child support has been received a payment to idents the County's shown to reduce child poverty rates towards arrears. performance measure for FY -19- and improve child well-being. 20 based on the County's performance for the 42 USC § 6520 (])(A) preceding state fiscal year 42 USC § 658a(b) (6) (D) NCGS 110- 129.1 5 The county will DHHS will work with the county Measuring total child support meet its annual goal to idents the County's collections is an important measure of total child performance measure for FY19- of the program because it support collections. 20 based on the County's encompasses the strength of the performance for the preceding laws, practices, and fiscal effort to state fiscal year determine its effectiveness. 42 USC § 652(g)(])(A) 42 USC § 658a(b) (6) (E) NCGS 110-129.1 3/11/19 Energy Programs Work First Standard Measure County Performance Measure Rationale and Authority 1 The County will The County will process 95016 of Ensure that eligible individuals in a process 95% of Crisis Intervention Program household without a heating or Crisis Intervention (CIP) applications within one (1) cooling source receive relief as soon Program (CIP) business day for applicants with as possible. applications within no heat or cooling source. TANF State Plan FFY 2016 - 2019 one (1) business day 42 USC §§ 8621-8630 for applicants with no heat or cooling JOA NCAC 71V source. NCGS 108A -27.13(a) 2 The County will The County will process 95% of Ensure that eligible households who process 95% of Crisis Intervention Program are in danger of losing a heating or Crisis Intervention (CIP) applications within two (2) cooling source receive financial Program (CIP) business days of the application assistance to avert the crisis. applications within date for applicants who have a two (2) business heat or cooling source. 42 USC §§ 8621-8630 days of the IOA NCAC 71V application date for applicants who have a heat or cooling source. Work First 3/11/19 Standard Measure County Performance Measure Rationale and Authority I The County will DHHS will work with the county to Ensure that all work -eligible collect idents the County's performance individuals are engaged in federally documentation from measure for FY -19-20 based on the countable work activities. 50% of all Work- County's performance for the Eligible individuals preceding state fiscal year TANF State Plan FFY 2016 - 2019 that demonstrates NCGS 108A-27.2(10) completion of the NCGS 108A-27.6(1) required number of NCGS 108A -27.13(a) hours offederally NCGS 108A -27.14(a) -(b) countable work activities. 3/11/19 2 The County will DHHS will work with the county to Ensure all work -eligible two- parent I collect idents the County's performance families are engaged in federally documentation from measure for FY19-20 based on the countable work activities for the 90% of two-parent County's performance for the required number ofparticipation families with Work preceding state fiscal year hours. Eligible individuals 7 CFR § 273.2 that verifies that the TANF State Plan FFY 2016 - 2019 they have completed NCGS 108A-27.2(10) 2 the required number The County will process 95% of NCGS 108A-27.6(1) of hours offederally regular FNS applications within 25 NCGS 108A -27.13(a) countable work days from the date of application. NCGS 108A -27.14(a) -(b) activities. 3 The County will The County will process 95% Work Ensure that eligible families receive process 95% Work First applications within 45 days of Work First benefits in a timely First applications receipt. manner. 3 within 45 days of The County will ensure that 95% of Ensure that eligible families have receipt. FNS recertification are processed TANF State Plan FFY 2016 - 2019 FNS recertification on time, each month. NCGS 108A-31 4 The County will The County will process 95% Work Ensure that Work First families process 95% Work First recertification no later than continue to receive assistance and First recertification the last day of the current benefits without unnecessary no later than the last recertification period. interruption. day of the current recertification TANF State Plan FFY 2016 - 2019 period. NCGS 108A-31 Food and Nutrition Services 3/11/19 Standard Measure County Performance Measure Rationale and Authority I The County will The County will process 95% of Ensure all expedited FNS process 95% of expedited FNS applications within applications are processed within expedited FNS 4 calendar days from the date of required timeframes. applications within application. 4 calendar days 7 CFR § 273.2 from the date of FNS Manual: Section 315 application. FNS Administrative Letter 1-2015 2 The County will The County will process 95% of Ensure all regular FNS process 95% of regular FNS applications within 25 applications are processed within regular FNS days from the date of application. required timeframes. applications within 25 days from the 7 CFR § 273.2 date of application. FNS Manual: Section 315 FNS Administrative Letter] -2015 3 The County will The County will ensure that 95% of Ensure that eligible families have ensure that 95% of FNS recertification are processed their recertification benefits FNS recertification on time, each month. processed in a timely manner are processed on without interruption. time, each month. 3/11/19 4 The County will The County will ensure that 90% of Ensure allegations offraud are I ensure that 90% of Program Integrity claims are addressed promptly. Program Integrity established within 180 days of the of adult maltreatment is essential to claims are date of discovery. 7 CFR § 273.18 established within based on the County's adult. State law requires that a 180 days of the date performance for the preceding prompt and thorough evaluation is of discovery. state fiscal year made of all reports of adult ATTACHMENT VII— MANDATED PERFORMANCE REQUIREMENTS: Adult Protective Services (APS) 3/11/19 Standard Measure County Performance Measure Rationale and Authority I The County will DHHS will work with the Responding quickly to allegations complete county to idents the County's of adult maltreatment is essential to 95% ofAPS performance measure for FY19-20 case decision-making to protect the evaluations based on the County's adult. State law requires that a involving performance for the preceding prompt and thorough evaluation is allegations of state fiscal year made of all reports of adult abuse or neglect maltreatment. within 30 days of the report. NCGS 108A-103 2 The County will DHHS will work with the county to Protecting a disabled adult from complete 85% of idents the exploitation is critical to ensuring APS evaluations County's performance measure for their safety and well-being. State involving FY19-20 based law requires a prompt and thorough allegations of on the County's performance for evaluation is made of all reports of exploitation within the preceding state fiscal year adult exploitation. 45 days of the report. NCGS 108A-103 3/11/19 ATTACHMENT VIII— MANDATED PERFORMANCE REQUIREMENTS: Special Assistance SA ATTACHMENT IX— MANDATED PERFORMANCE REQUIREMENTS: Child Care Subsidy Standard Measure County Performance Measure Rationale and Authority 1 The County will DHHS will work with the Ensure eligible individuals receive process 85% county to idents the County's supplemental payments to support of Special performance measure for FY19-20 stable living arrangements. Assistance for the based on the County's performance Aged (SAA) for the preceding state fiscal year Timely application processing of applications within SAA benefits is essential to an 45 calendar days individual's proper care and of the application treatment. date. IOA NCAC 71P. 0604 2 The County will DHHS will work with the county to Ensure eligible individuals receive process 85% of idents the County's performance supplemental payments to support Special Assistance measure for FY19-20 based on the stable living arrangements. for the Disabled County's performance for the (SAD) applications preceding state fiscal year Timely application processing of within 60 calendar SAD benefits is essential to an days of the individual's proper care and application date. treatment. IOA NCAC 71P. 0604 ATTACHMENT IX— MANDATED PERFORMANCE REQUIREMENTS: Child Care Subsidy ATTACHMENT X— CORRECTIVE ACTION For this MOU covering Fiscal Year 2018-2019, the Department will not initiate any actions set forth in Attachment X on the basis of this MOU. 1. Non -Compliance with performance requirements or terms of the MOU a. In the event a County Department of Social Services (County DSS) "Jails fails to satisfy a performance requirement for three consecutive months or fails to comply with a term of this MOU, the Department will provide the County DSS with written notification identifying the relevant performance requirement or term and how the County DSS 3/11/19 Standard Measure County Performance Measure Rationale and Authority I The County will The County will process 95% of Ensure that families can place their process 95% of Child Care Subsidy applications children in quality child care without Child Care Subsidy within 30 calendar days of the undue delay. applications within application date. 30 calendar days of North Carolina Child Care the application date. Development Fund State Plan ATTACHMENT X— CORRECTIVE ACTION For this MOU covering Fiscal Year 2018-2019, the Department will not initiate any actions set forth in Attachment X on the basis of this MOU. 1. Non -Compliance with performance requirements or terms of the MOU a. In the event a County Department of Social Services (County DSS) "Jails fails to satisfy a performance requirement for three consecutive months or fails to comply with a term of this MOU, the Department will provide the County DSS with written notification identifying the relevant performance requirement or term and how the County DSS 3/11/19 failed to satisfy it. b. Upon receipt of notification, the County DSS shall promptly provide the Department with written acknowledgment of receipt. c. If the County DSS does not agree that it failed to satisfy the performance requirement or comply with the terms of the MOU, it shall set forth, in writing, the basis for its disagreement. If the County DSS believes its failure to adhere to a mandated performance requirement or term of this MOU is due in whole or in part upon the failure of the Department to meet any of its responsibilities under this MOU or other external factors (i.e., limited court dates, continuances, etc.), the County DSS shall set forth in writing how the failure of the Department or external factors to meet its responsibility to the County DSS contributed to the inability of the County DSS to meet the mandated performance standard or other term of this MOU. This notice shall be received by the Department, along with all supporting documentation, within 10 business days of the County DSS' receipt of the Department's written notification of non-compliance. d. If written notice is received in accordance with subsection (c) of this section, the Department will provide the appropriate division director with the all documentation received. Following a review of all documentation, the division director will provide the county with a decision to proceed in developing the performance improvement plan or to rescind the notice of non-compliance. 2. Performance Improvement Plan a. The County DSS and Department shall work together to develop a performance improvement plan to address the non-compliance. The Parties will consider and address the County DSS's written disagreement with the identified non-compliance, if any, in the development of the performance improvement plan. b. The performance improvement plan shall include, at a minimum: i. The role and responsibility of DHHS in providing support to the County DSS to address the non-compliance. ii. The specific actions the County DSS will take to address the non-compliance and ensure ongoing compliance. c. The performance improvement plan shall be signed by the Department and the County DSS Director. A copy of the performance improvement plan will be sent to the chair of the DSS Governing Board. 3. Continued Non -Compliance a. In the event a County DSS continues to fail to satisfy a performance requirement or comply with the terms of the MOUfor an extended period of time and is not meeting the terms of the performance improvement plan, the County DSS and the Department will enter into a corrective action plan, not to exceed a period of twelve months. An extended period of time is defined as three consecutive months, or five months out of a twelve- month period measured beginning with the first month after which the 3/11/19 performance improvement plan is signed. b. The corrective action plan shall include, at a minimum: i. A strategy to ensure regular supervisory oversight of the social services program at issue; ii. A detailed strategy to ensure the issue central to the non-compliance is addressed and corrected; iii. A strategy to ensure program and case documentation is both sufficient and completed within timeframes prescribed by law, rule or policy; and iv. A plan for the continuous review of the corrective activities by both the County Director of Social Services, the County DSS Governing Board, and the Department. c. The corrective action plan will be signed by the Department and the County DSS Director. A copy of the corrective action plan will be sent to the Chair of the DSS Governing Board, the County Manager, and the Chair of the Board of County Commissioners. 4. Failure to Complete Corrective Action PlamUrgent Circumstances a. In the event a County DSS fails to complete the corrective action plan or otherwise fails to comply with the terms of the corrective action plan, the Department may exercise its authority under the law, and this MOU, to withhold federal and/or state funding. b. In circumstances of continuous extended non-compliance or other urgent circumstances, the Secretary may also exercise her statutory authority to assume control of service delivery in the County pursuant to N. C. G. S. 108A-74. ** In the event the performance requirement or term of the MOUfalls outside of the authority of the County DSS, the notification of non-compliance will be sent to the County, and all subsequent steps contained herein shall be followed by the County. Effective Date: This Modification Agreement shall become effective upon the date of execution by both parties and shall continue in effect until June 30, 2019. Ordinance to Prohibit the Use of Tobacco and Tobacco Products on Local Government Grounds and in Local Government Buildings and Vehicles Susan Hayes, Public Health Director, spoke in regards to the latest changes to the Health Department Rule on tobacco use which allow municipalities to decide to adopt the same rule. The only exception within the municipalities is County operated facilities, vehicles, and grounds within a municipality. She said that she hoped the municipalities would join the County in adopting this Ordinance. On motion of Haywood, seconded by Allen, the Board voted unanimously to adopt the proposed Ordinance to Prohibit the Use of Tobacco and Tobacco Products on County Government Grounds and in County Government Buildings and Vehicles based on the Rule adopted by the Board of Health on February 26, 2019, as follows: 3/11/19 RANDOLPH COUNTYBOARD OF HEALTH RULE A RULE TO PROHIBIT THE USE OF TOBACCO AND TOBACCO PRODUCTS ON RANDOLPH COUNTY GOVERNMENT GROUNDS AND IN RANDOLPH COUNTYBUILDINGSAND VEHICLES WHEREAS, tobacco is a recognized carcinogen in humans; and WHEREAS, according to the Centers for Disease Control and Prevention (CDC), tobacco use and secondhand smoke exposure are the leading preventable causes of illness and premature death in North Carolina and the nation; and WHEREAS, health risks associated with the use of tobacco products include myocardial infarction (heart attack), stroke, adverse reproductive outcomes, lung cancer and diabetes; and WHEREAS, in 2006, a report issued by the United States Surgeon General stated that scientific evidence indicates that there is no risk-free level of exposure to secondhand smoke and that secondhand smoke has been proven to cause cancer, heart disease, and asthma attacks in both smokers and nonsmokers; and WHEREAS, in air quality tests, concentrations of secondhand smoke in vehicles have been found to be far greater than in any other micro -environments tested, including smokers' homes, smoke-filled bars, and outdoor air, even with a vehicle's windows open and its fan set on high; and WHEREAS, research indicates that, during active smoking, outdoor levels of secondhand smoke may be as high as indoor levels and may pose a health risk for people in close proximity, and some hazard exists beyond thirty (3 0) feet; and WHEREAS, in 2009, the United States Food and Drug Administration (FDA) announced that an analysis of e -cigarette samples indicated that the e -cigarettes contained not only nicotine but also detectable levels of known carcinogens and toxic chemicals, including tobacco -specific nitrosamines and diethylene glycol, a toxic chemical used in antifreeze; and it has been found that the emitted aerosol is not just water vapor, but contains nicotine and can contain additional toxins, making it less safe than clean air to the nearby non -user; and WHEREAS, on January 2, 2010, "An Act To Prohibit Smoking in Certain Public Places and Certain Places Of Employment, " Session Law 2009-27, became effective, authorizing local governments to adopt and enforce ordinances "that are more restrictive than State law and that apply in local government buildings, on local government grounds and in local government vehicles; and WHEREAS, pursuant to North Carolina General Statute §130A -39(a), a local board of health has the responsibility to protect and promote the public's health and to adopt rules necessary for that purpose; and WHEREAS, the Randolph County Board of Health is committed to providing a safe and healthy workplace in all local government facilities for local government employees and a safe and healthy environment for the visiting public; and WHEREAS, the Randolph County Board of Health wishes to minimize the harmful effects of tobacco among Randolph County employees and eliminate secondhand smoke exposure for employees and the public in those buildings, vehicles and grounds controlled by county government in Randolph County; and 3/11/19 WHEREAS, the Randolph County Board of Health finds and declares that, in order to protect the public health and welfare, it is in the best interests of the citizens of Randolph County to adopt a Rule prohibiting the use of tobacco and tobacco products in county government buildings, . in county government vehicles and on county government grounds throughout Randolph County. WHEREAS, the Randolph County Board of Health encourages each municipality in Randolph County to adopt similar protections for its citizens and employees. NOW, THEREFORE, THE RANDOLPH COUNTY BOARD OF HEALTH ADOPTS THE FOLLOWING RULES: Section 1. Authority This Rule is enacted pursuant to North Carolina General Statute 130A-498 and 130A -39(a). Section 2. Definitions The following definitions are applicable to this Rule: 1) "County Government" -means the County of Randolph, a body politic and corporate and apolitical subdivision of the State of North Carolina. 2) "County Government Building" -a building owned, leased as lessor, or the area leased as lessee and occupied by County Government as herein defined. 3) "County Government Grounds "-an unenclosed area owned, leased or occupied by County Government as herein defined. For the purposes of this rule, "County Government Grounds "does not include public streets and the sidewalks abutting said streets. 4) "County Government Vehicle" -a passenger -carrying vehicle owned, leased or otherwise controlled by County Government and assigned permanently or temporarily to its employees, agencies, institutions, or facilities for official County Government business. S) "Employee "-a person who is employed by Randolph County Government. 6) "Local Health Department" -the Randolph County Health Department. 7) "Local Health Director "-the administrative head of the Randolph County Health Department appointed pursuant to North Carolina General Statute Chapter 130A. 8) "Smoking" -the use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product 9) "Tobacco Product" -any product containing or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled or ingested by any other means, including but not limited to cigarettes; e -cigarettes; cigars; little cigars; snuff; and chewing tobacco. A tobacco product excludes any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. 10) "E -cigarette" -any electronic oral device that employs a mechanical heating element, battery, or electronic circuit regardless of shape or size and that can be used to heat a liquid nicotine solution or any other substance, and the use or 3/11/19 inhalation of which simulates smoldering. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e -cigarette, e -cigar, e pipe, or under any other product name or descriptor. Section 3. Areas in Which the Use of Tobacco Products, Including e -cigarettes, is Prohibited 1) The use of tobacco products, including e -cigarettes, is prohibited in all of the following: a) In any County Government building. b) In any County Government vehicle. c) On any County Government grounds. d) All other County Government property including, but not limited to: i. County Government Parks Systems including playgrounds and athletic fields; ii. Public Transportation; iii. County Government Trails and Parks; and iv. Polling Places. v. Libraries in the Randolph County Library System and the grounds of said libraries. 2) The use of tobacco products, including e -cigarettes, is prohibited in County Government buildings and grounds being used for private events. Section 4. Signage 1) County Government where the use of tobacco and tobacco products is prohibited by this Rule shall post signs that must: a) State in English and Spanish that the use of tobacco products is prohibited. b) Be ofsufficient size to be clearly legible to a person of normal vision, and be conspicuously posted. c) Be posted at each entrance to a County Government Building and in other locations within the buildings reasonably calculated to inform employees and the public of the prohibition. d) Be posted on County Government Grounds in locations and at intervals reasonably calculated to inform employees and the public of the prohibition. 2) In vehicles where the use of tobacco is prohibited by this Rule, County Government may, in its discretion, post a sign that states "No Use of Tobacco Products" in County Government Vehicles in an area visible to passengers, provided that said placement does not interfere. with the safe operation of the vehicle. If the vehicle is used for undercover law enforcement operations, a sign is not required to be placed in the vehicle. Section 5.Enforcement and Penalties 1) Violations by persons using tobacco products in prohibited areas. Failure to cease using tobacco products in a prohibited area constitutes an infraction punishable by a fine offifty dollars ($50.00). A citation may be issued by a sworn law enforcement 3/11/19 officer. Conviction of an infraction under this section has no consequence other than payment of a penalty, and no court costs may be assessed. 2) Sanctions for employees. In addition to any penalty under subsection (1), employees of County Government, as herein defined, who violate this Rule shall be subject to disciplinary action consistent with the Randolph County Employee Policy and Procedure Manual. Section 6. Effective Date After adoption of this rule by the Randolph County Board of Health this Rule becomes effective May 1, 2019 or 60 days after the date of adoption, whichever is later, of this Rule by Ordinance by the Randolph County Board of Commissioners pursuant to North Carolina General Statute 153A -121(a). Section 7. Abrogation This Rule is not intended to repeal, abrogate or impair any greater restriction imposed by any other state law or local government ordinance. Wherever the provisions of any other law, ordinance, regulation or restriction impose higher standards than are required by the provisions of this Rule, this Rule does not prohibit enforcement of any such law, ordinance, regulation or restriction. Adopted this the 26`' day of February 2019. AN ORDINANCE TO APPROVE AND ADOPT THE RULE ADOPTED BY THE RANDOLPH COUNTY BOARD OF HEALTH TO PROHIBIT THE USE OF TOBACCO PRODUCTS, as defined therein. The use of tobacco products are prohibited in all of the following: 1. County Government buildings as defined in said rule; 2. In any County Government vehicle; 3. On any County Government grounds as defined in said rule; 4. All other County Government property including, but not limited to: a) County Government Parks Systems including playgrounds and athletic fields; b) Public Transportation; c) County Government Trails and Parks; and d) Polling Places. e) Libraries in the Randolph County Library System and grounds of said libraries. fi County Government buildings and grounds being used for private events. WHEREAS, the Randolph County Board of Health adopted a rule on February 26, 2019, prohibiting the use of tobacco products, including e -cigarettes in county government buildings; county government vehicles; county government grounds; and all other property including, but not limited to county government parks systems, playgrounds, athletic fields; public transportation; county government trails and 3/11/19 parks; polling places; libraries in the Randolph County Library System and grounds of said libraries; and all county government buildings and grounds being used for private events for approval by the Randolph County Board of Commissioners; NOW THEREFORE, BE IT ORDAINED that the Randolph County Board of Commissioners approves and adopts the Board of Health Rule to Prohibit the Use of Tobacco on Local Government Grounds and in Local Government Buildings and Local Government Vehicles. County Operation of Liberty Public Library Ross Holt, Library Director, said he had indicated at the retreat that he would seek formal approval to proceed with plans for the County to take over operation of the Liberty Public Library effective July 1, 2019. The Town Council would not be proceed until there were solid cost estimates for upgrading the building. Mr. Holt asked for guidance from the Board. Chairman Frye stated that the Board would take this as a report, not an action item. Resolution in Support of Grant of Statewide Continency Funds for North Carolina Department of Transportation (NCDOT) Chairman Frye said there was a need for more funding for designing the interchanges for the Megasite. Senator Tillman, Representative McNeill, Representative Hurley, and the Secretary of Transportation each got $250,000 in contingency funds. It would not require any money from the County. On motion of McDowell, seconded by Kidd, the Board voted unanimously to adopt Resolution in Support of Grant of Statewide Contingency Funds to North Carolina Department of Transportation, as follows: RESOL UTION IN SUPPORT OF GRANT OF STATEWIDE CONTINGENCY FUNDS TO NORTH CAROLINA DEPARTMENT OF TRANSPORTATION WHEREAS, Randolph County is a member of the Greensboro -Randolph Megasite Foundation, hereinafter the "Foundation ", a non-profit organization leading the regional efforts to develop the Greensboro -Randolph Megasite, an industrial megasite adjacent to US -421 in Randolph County, hereinafter the "Megasite "; and WHEREAS, development of the Megasite will require development of a transportation network for industrial access to and from the site; and WHEREAS, the North Carolina Department of Transportation estimates the cost to complete the preliminary design for this transportation project to be $4, 000, 000; and WHEREAS, members of the North Carolina General Assembly and the North Carolina Department of Transportation have Contingency Funds available for qualified Department of Transportation projects; and NOW, THEREFORE, BE IT RESOLVED THAT the Randolph County Board of Commissioners, through the adoption of this resolution, requests that $250, 000 in Contingency Funds from each of four separate sources be granted to the North 3/11/19 Carolina Department of Transportation for a total grant of $1, 000, 000 in Statewide Contingency Funds, said funds to be used exclusively for the purpose of completing the environmental documentation, preliminary designs, and project management of the development of the transportation network for the Megasite as referenced above. County Manager and Commissioners Updates County Manager Hal Johnson said he did not have any updates. Chairman Frye stated he had been at the NACo conference last week and would give updates at another meeting. Adjournment At 8:52 p.m. on motion of McDowell, seconded by Allen, the Board voted unanimously to adjourn. Darrell Frye, Chairman David Allen Kenny Kidd Hope Haywood Maxton McDowell Dana Crisco, Clerk to the Board 3/11/19