090319September 3, 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.
Chairman Darrell Frye, Vice -Chairman David Allen, Commissioner Kenny Kidd, Commissioner
Maxton McDowell, and Commissioner 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 Michael Trogdon from the Randolph County Sheriff's Office
gave the invocation and everyone recited the Pledge of Allegiance.
Special Recognitions
Sam Varner, Wellness Administrator, introduced Cigna representatives. Lindsey Peters, Cigna
Well -Being Awards Committee member, explained that Randolph County Government had been
selected as the Cigna 2019 Honorable Culture of Well -Being Award recipient for being one of
the top organizations in both North and South Carolina in employee wellness. The Well -Being
Award is based on an organization's overall commitment to the health and well-being of its
workforce including employee participation, leadership support, policy development, healthy
outcomes, and a variety of program offerings across multiple dimensions of health. Each
application was reviewed by Cigna's national Well -Being Award committee to determine
organizations that are truly making a difference in the health and well-being of their employees.
"We are proud to recognize Randolph County's success in impacting the health and well-being
of their workforce and honored to be their partner of choice. Randolph County's application was
particularly impressive for its excellent wellness programming, senior level support, and employee
involvement," stated Ms. Peters.
She said Randolph County Government ranked particularly high in many categories including
percentage of employees who get their annual physical exam, employees who participate in the
annual biometric screenings, and employees who participate in the recently established Health
Coaching program. Randolph County Government employees were also in the top tier for getting
preventative exams like mammograms and other vital preventative screenings.
Kameryn Walden, 4-H Youth Voice Delegate, gave a brief overview of her experiences at the
NCACC Annual Conference. She said she enjoyed the experience, made new friends, and learned
about leadership.
Sam Groce, Interim Cooperative Extension Director, introduced Dr. Kenny Sherin, the new
Cooperative Extension Director. Dr. Sherin said he was glad to be back in North Carolina. He is
originally from Union County and hopes that this is his final career location.
Public Comment Period
Pursuant to N.C.G.S. § 153A-52.1, Chairman Frye opened the floor for public comment and
closed it after everyone wishing to speak had done so. County Attorney Ben Morgan read aloud
the Public Comment Rules of Procedure.
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Dwain Roberts, 300 S. High St., Asheboro, updated the Board on the repairs of the grave of
George P. Foust, a Confederate soldier who is buried in the Old County Home Cemetery. He
showed a picture of the new headstone and said the Daughters of the Confederacy were ordering
an iron cross. He hoped that the project would be complete by January 2020.
Alan Ferguson, 4794 Troy Smith Rd., Liberty, spoke in regards to agenda item M. The NC
Railroad Agreement. He said he was not sure what this item concerned. If it was to spend more
money on the Megasite, he urged the Board to deny the request. He mentioned the Capital Projects
being funded by Randolph County and the importance of funding those.
Consent Agenda
On motion of McDowell, seconded by Kidd, the Board voted unanimously to approve the
Consent Agenda, as presented, as follows:
• approve Board of Commissioners regular meeting minutes of August S, 2019, Special
meeting minutes of August, 13, 2019, and closed session minutes of July 8, 2019, July
9, 2019, August S, 2019, and August 13, 2019;
• reappoint Will Massie, Dana Crisco, and Suzanne Dale to the Randolph County Public
Facilities Corporation;
• appoint Melinda Vaughn to the Planning and Zoning Board;
• approve Budget Amendment Local Emergency Planning Committee ($1,000), as
follows:
2019-2020 Budget Ordinance
General Fund—Budget Amendment # 8
Revenues
Increase
Decrease
Restricted Intergovernmental
$1,000
Appropriations
Increase
Decrease
Emergency Services
$1,000
approve Duke Energy easement at Northgate Complex;
approve Resolution to add .09 Miles of Chartier Ct to the State Road System, as
follows:
WHEREAS, the Department of Transportation has investigated Chartier
Court in the Northmont Estates Subdivision; and
WHEREAS, the subject street has been found to meet minimum
requirements for addition.
NOW, THEREFORE, BE IT RESOLVED by the Randolph County Board
of Commissioners that .09 miles of Chartier Court in the Northmont Estates
Subdivision be added to the Division of Highways' Secondary Road System.
approve Resolution appointing Eric Martin and Tim Mangum and removing Jeffrey
York as Plat Review Officers, as follows:
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
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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 ofDeeds
for recording; and
NOW, THEREFORE, BE IT RESOLVED, effective September 3, 2019,
that Eric Martin and Tim Mangum in Randolph County be hereby appointed
to perform all responsibilities as required for Review Officers under the
appropriate North Carolina General Statutes and that Jeffrey York has been
replaced as a designated Plat Review Officer.
BE IT FURTHER RESOLVED that a copy of this Resolution designating
these Review Officers be recorded in the Randolph County Register of Deeds
Office and indexed in the names of the Review Officers.
• reappoint Lewis Schirloff to the Randolph County Child Fatality Review/Community
Child Protection Team;
• approve Budget Amendment #5 for the Randolph County Detention Center Capital
Project, as follows:
Randolph County Detention Center Capital Project Fund
Amendment # 5
Revenues Increase Decrease
Appropriations Increase Decrease
Construction $127,000
Debt Issuance Costs $127,000
• approve Budget Amendment Farm Family Fund ($4,500), as follows:
2019-2020 Budget Ordinance
General Fund—Budget Amendment #9
Revenues
Increase
Decrease
Miscellaneous
$4,500
Appropriations
Increase
Decrease
Soil and Water
$4,500
• approve Budget Amendment Subaru/ASPCA Grant ($4,500), as follows:
2019-2020 Budget Ordinance
General Fund—Budget Amendment #10
Revenues Increase Decrease
Miscellaneous $4,500
Appropriations Increase Decrease
Public Health $4,500
• reappoint Marianne Rowe and Luke Hollingsworth to the Randolph County Tourism
Development Authority Board.
1001h Anniversary of Women's Suffrage
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Chairman Frye introduced the Resolution and spoke of the history behind the Women's
Suffrage Movement. He read the Resolution aloud, as follows:
WHEREAS, an organized movement to enfranchise women began in July 1848 at
a convention in Seneca Falls, AT; and
WHEREAS, women and men of all races and ethnicities supported the Women's
Suffrage Movement for women to gain the constitutional right to have a voice in making
the laws that govern them; and
WHEREAS, the Women's Suffrage Movement led to the passage of the 19th
Amendment to the Constitution of the United States in 1919 with ratification by all
States by the summer of 1920; and
WHEREAS, the League of Women Voters of North Carolina was launched on
October 7, 1920, on the steps of the Guilford County Courthouse by Gertrude Weil, a
politically active and tireless young woman from Goldsboro, NC; and
WHEREAS, more than 120, 000 women were registered to vote in North Carolina
by 1920; and
WHEREAS, creation of equal rights for women, especially the right to vote, is
attributed to the efforts of brave and courageous women referred to as suffragists; and
WHEREAS, women today constitute a majority vote in North Carolina and the US,
are running for office in higher numbers, and are more active in the election process
than ever before.
NOW, THEREFORE, BE IT RESOLVED that Randolph County recognizes the
100 anniversary of the Women's Suffrage Movement and the founding of the League
of Women Voters of the United States and of North Carolina. We also acknowledge
the impact these historic accomplishments have on civil involvement in the community,
the state, and the nation.
The Constitution of the United State ofAmerica, AmendmentXlX
Women's Suffrage
The right of the citizens of the United States to vote shall not be denied or abridged
by the United States or by any State on account of sex.
Congress shall have the power to enforce this article by appropriate legislation.
On motion of Ms. Haywood, and seconded by the rest of the gentlemen Commissioners, the
Board voted unanimously to adopt the Resolution Recognizing the 100th Anniversary of the 19th
Amendment and the Women's Suffrage Movement.
Waste Management Annual Update
Bob Peeler, Waste Management Governmental Relations Manager, said January 7, 2019, had
been an important night with the introduction of a tonnage increase. With the approval of the
Board, the request went to the State and has now been approved there as well. Also in attendance
and available to answer questions if needed were District Landfill Manager Mike McFeeley, and
Environmental Protection Manager Don Misenheimer.
Mr. Peeler reviewed some highlights of the previous year. He stated that WM had paid
approximately $9 million in fees and approximately $2 million in taxes to Randolph County. The
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Citizen's Advisory Committee had continued to meet and three members were added which made
the Committee stronger.
He said the convenience sites are still a challenge. One of the problems has been citizens out
of the county using the sites. They will check IDs periodically to confirm residency.
Chairman Frye asked about the volume at the Trinity Convenience Site. Mr. Peeler said the
volume will increase once people are aware of the facility.
Commissioner McDowell asked how the hours of operation were determined for the
Convenience Sites. Chairman Frye said the hours came from when the County ran them.
Commissioner McDowell was also concerned about the limited number of days the sites were
open. Chairman Frye agreed that it should be reviewed. Mr. Peeler suggested that Waste
Management and the County meet to discuss that. Chairman Frye mentioned that a meeting in
conjunction with the next Advisory Committee Meeting may be a possibility.
Commissioner Allen inquired about the number of residents outside the county using the sites.
Mr. McFeeley said that three to four non-residents are turned away at each site every day.
Commissioner Allen mentioned that stickers or cards are used to identify residents at other
facilities. Mr. Peeler said stickers for residents would be helpful because checking every ID is not
possible all of the time.
Chairman Frye asked when the tonnage increase would be effective. Mr. Peeler responded that
it would be in fiscal year 2020-2021.
Commissioner McDowell noted that the staff at the Farmer site are nice and accommodating.
Randleman Convenience Site
Paxton Arthurs, County Engineer, presented the plans and contract agreements for a
Convenience Site in Randleman. The City currently has an unmanned site that will be converted
to a manned facility and serviced by Waste Management. He stated there are two contracts that
need approval if the Board wants to move forward. One is the Interlocal Agreement with the City
of Randleman for the operation of the site at 115 Depot St., Randleman. The other is with the low
bidder on the construction bids, Asheboro Construction, Inc. for a total cost of $169,404. He also
asked that the County Manager be authorized to sign the contracts.
On motion of Haywood, seconded by Allen, the Board voted unanimously to 1) approve the
Interlocal Agreement with the City of Randleman to operate a Convenience Site at 115 Depot St.,
Randleman (Attachment A following these minutes), 2) award the construction contract to
Asheboro Construction, Inc. in the amount of $169,404 (Attachment B following these minutes)
and 3) authorize the County Manager to sign both contracts.
Founder's Hemp Building Reuse Grant
Kevin Franklin, President of the Economic Development Corporation, said Innovative Business
Growth / DBA Founder's Hemp is a vertically integrated hemp company based in Asheboro which
manages processes from clone to final product. The company provides expert assistance to its
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network of farmers and it processes NC -grown hemp into usable products. In addition to
processing its own hemp, the company contracts extraction services as well. Founder's Hemp is
the only NC hemp processing facility to be GMP certified.
Founder's Hemp is among the first hemp companies established in North Carolina and has been
operating in Asheboro since 2017. The company has experienced rapid growth, necessitating
enhanced processing capabilities to meet growing demand. Founder's Hemp intends to renovate a
portion of the facility it occupies in south Asheboro to accommodate new equipment and
processes. The proposed project will install five new clean rooms in existing product storage space
to facilitate enhanced processing. Investment in building renovations will total at least $310,000;
additional related investment in machinery and equipment is anticipated to be approximately
$50,000.
In addition to the investment, Founder's Hemp is committed to adding fifteen new full-time
jobs directly associated with the expansion, while retaining sixty-two existing full-time positions.
The new positions will pay an average annual wage of $35,667.
Founder's Hemp is eligible for a Building Reuse Grant from NC Commerce in the amount of
$150,000 ($10,000 per job) to assist with the renovation expenses. The City of Asheboro
authorized submission of the application in advance of the August 29h deadline. Grant award
announcements will be made on October 17th.
The grant program requires a 5% local government cash match which would total $7,500 based
on this $150,000 grant request. On behalf of the City of Asheboro, the EDC requests that Randolph
County Government schedule a Public Hearing for October 7th to consider participating with an
equal share of the match, or $3,750 per unit of local government, contingent upon award of the
grant.
The EDC believes that the Founder's Hemp building renovation project is a good economic
development project for the City of Asheboro and Randolph County. The project will increase the
value of the building, generate investment in new machinery and equipment, create fifteen new
quality jobs, and diversify the local economy.
Chairman Frye asked if the issue in the General Assembly to allow growth of hemp for another
year would have an effect on the production at Founder's Hemp. Mr. Franklin said that it was his
understanding that the bill in the General Assembly was only for smokable hemp.
Commissioner Haywood stated that the hemp industry is highly regulated by the Agricultural
Department in North Carolina. Mr. Franklin added that the Small Business Administration has
been authorized to help with the promotion of hemp industries.
Chairman Frye commented that it could also be a law enforcement issue since the different
types of hemp are extremely similar. Mr. Franklin said that tests are becoming available to
differentiate between hemp and marijuana. Commissioner Kidd added that a firm in Virginia may
be developing such a test.
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Commissioner Allen asked if the City of Asheboro was the applicant. Mr. Franklin responded
yes.
On motion of Kidd, seconded by Frye, the Board voted unanimously to set a Public Hearing on
October 7, 2019, at 6:30 p.m. to consider partnering with the City of Asheboro in an equal share
of the required 5% grant match of $7,500 ($3, 750 per government unit).
Detention Center Bid Updates
Paxton Arthurs, County Engineer, stated that this project has been an addition and renovation
with one design. It was hoped that the addition would attract contractors. During the process, the
cost of construction has skyrocketed. When the bids came in, they were so much higher than
anticipated that staff at Bordeaux were asked for ways to cut costs. It was suggested that the project
be split into two phases: phase one would be an addition and phase two would be renovations.
Chairman Frye said the State had notified Sheriff Seabolt and the Detention Center staff that
only 232 inmates would be allowed in the jail and the others would need to be sent to other
facilities. He said the cost is $50 per day per inmate.
John Witcher, Bordeaux Construction, gave updates on the bids for the addition. He said
Bordeaux took three sets of bids. The construction of only the addition came up to a Guaranteed
Maximum Price (GMP) of $27,605,162. He stated that three of the bids made up 40% of the cost.
These three contractors have been asked to review their allowances to lower costs.
Chairman Frye said the main focus of this phased approach is to give the Sheriff and his staff
more space for inmates.
Commissioner Allen asked about the GMP and what incentives there were to lower the price.
He said the process had already taken two years and the price has risen from the initial projection
of $18,000,00 to a cost now of over $40,000,000. Mr. Witcher said Bordeaux did have a reputation
to uphold and wanted to rebuild the trust of the Board. Mr. Witcher and Bordeaux were
embarrassed by the numbers. Commissioner Allen stated that Bordeaux had not been involved for
the full two years. Mr. Witcher said it had been for the last eight to ten months.
Chairman Frye asked about the site preparation. Mr. Witcher said the process started on Friday.
He has met with those contractors to review their expenses.
Chairman Frye asked Mr. Witcher to review the initial processes for the Board. Mr. Witcher
said that Bordeaux would like to issue four contracts. The first would be for surveying to get
started. The second one would be for fence around the construction area. The third would be a
site contract to construct the building pad and any roads coming to the site. The fourth would be
for the cells because these are built off-site with a lead time of 26 weeks once the order is placed.
Chairman Frye asked how long it would be before this phase would be complete. Mr. Witcher
said it would take approximately 18 months.
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Commissioner McDowell inquired about future costs for the additional phases. Mr. Witcher
stated that the costs were exorbitant and they were working to get those costs down.
Mr. Arthurs clarified that there were administrative costs in addition to the construction costs
making the total proposed project budget $30,150,000.
Chairman Frye commented that he had asked Representative McNeill to have some of the State
inmates moved. He was able to have 13 of those inmates moved out of the Randolph County
Detention Center.
On motion of Allen, seconded by Kidd, the Board voted unanimously to approve the award of
the contract for the construction of Phase I of the expansion of the Detention Center to Bordeaux
Construction at a GMP of $27, 605,162 as presented.
Detention Center Financing
Aimee Scotton, Associate County Attorney, presented the financing option for the Detention
Center. She said the Randolph County Detention Center is overcrowded and more space is
necessary. The Board made the decision to consider financing the cost of constructing this
detention center through the issuance of local obligation bonds.
At a special meeting earlier this month, the Board passed a Resolution making certain findings,
authorizing County staff to file an application for approval of the proposed financing arrangement
with the Local Government Commission, and appointing Robinson Bradshaw & Hinson, P.A. as
the bond counsel for this transaction. The Board also set a Public Hearing for tonight's meeting
to consider whether to proceed with the proposed financing.
After the Public Hearing, if the Board intends to move forward with this financing, she asked
the Board to pass the attached Resolution. The Resolution authorizes and approves the installment
financing arrangement and approves and authorizes the execution and delivery of the necessary
documents.
Chairman Frye opened the Public Hearing at 7:26 p.m. and closed it after hearing no comments.
On motion ofAllen, seconded by Kidd, the Board voted unanimously to approve the Resolution
Authorizing and Approving an Installment Financing Agreement and Authorizing the Execution
and Delivery of Documents in Connection Therewith, as follows:
RESOL UTION AUTHORIZING AND APPROVING AN INSTALLMENT
FINANCING AND AUTHORIZING THE EXECUTION AND DELIVERY OF
DOCUMENTS IN CONNECTION THEREWITH
WHEREAS, the Board of Commissioners (the `Board) of the County of Randolph,
North Carolina (the "County') has determined to finance a portion of the cost of
expanding, renovating, constructing, equipping and improving the Randolph County
Detention Center (the "Project');
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WHEREAS, to effectuate such plan to finance a portion of the cost of the Project,
the County and Randolph County Public Facilities Corporation, a nonprofit
corporation organized and existing under the laws of the State of North Carolina (the
"Corporation') have been negotiating certain financing documents and arranging for
the negotiated sale of limited obligation bonds payable from certain installment
payments to be made by the County pursuant to an Installment Financing Agreement
(hereinafter defined) to be entered into by and between the County and the
Corporation, pursuant to the authority granted to the County under Section 160A-20
of the General Statutes of North Carolina;
WHEREAS, the Board duly conducted a public hearing today regarding an
installment financing contract to finance the construction and other accomplishment
of the Project hereinafter described;
WHEREAS, there have been available at this meeting, forms of the following:
1. Installment Financing Agreement to be dated as of October 1, 2019 (the
"Installment Financing Agreement') between the County and the Corporation;
2. Deed of Trust and Security Agreement to be dated as of October 1, 2019 (the
"Deed of Trust') from the County to a trustee for the benefit of the Corporation;
3. Trust Agreement to be dated as of October 1, 2019 (the "Trust Agreement')
between the Corporation and U.S. Bank National Association (the "Trustee');
4. A Preliminary Official Statement (the "Preliminary Oficial Statement')
relating to Limited Obligation Bonds evidencing proportionate undivided
interests in revenues to be received by the Corporation under the Installment
Financing Agreement (the "Bonds'); and
S. Contract of Purchase (the `Purchase Contract') between Robert W. Baird &
Co., Incorporated (the "Underwriter') and the Corporation, including the
Letter of Representation attached thereto (the "Letter of Representation').
WHEREAS, the Board of Commissioners of the County wants to approve the
Installment Financing Agreement and the sale of the Bonds and to authorize other
actions in connection therewith; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the
County as follows:
1. The Board hereby approves the sale of the Bonds by the Corporation. The Bonds
shall mature in such amounts at such times and shall bear interest at such rates
as provided in the Trust Agreement; provided, however, that the aggregate
principal amount of the Bonds shall not exceed $36, 000, 000 and the final
maturity of the Bonds shall not extend beyond December 2039. The Bonds shall
be issued in fully registered form in such denominations as set forth in the Trust
Agreement and payments ofprincipal and interest with respect to the Bonds shall
be made by the Trustee to the registered owners of the Bonds at such times and
in such manner as is set forth in the Trust Agreement.
2. The Bonds shall be subject to prepayment at the times, upon the terms and
conditions, and at the prices set forth in the Trust Agreement.
3. The proceeds of the Bonds shall be applied as provided in the Trust Agreement.
4. Each of the Installment Financing Agreement, the Deed of Trust, and the Letter
of Representation, in the form submitted to this meeting, is hereby approved, and
the Chair of the Board, the County Manager, the Assistant County
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Manager/Finance Officer, the County Attorney, the Associate County Attorney
and the Clerk to the Board are each hereby authorized and directed to execute
and deliver each of those documents, on behalf of the County, with such changes,
insertions or omissions as each may approve, the execution thereof by any of
them to constitute conclusive evidence of such approval.
5. Each of the Trust Agreement and the Purchase Contract, in the form submitted
to this meeting, is hereby approved in substantially such form, with such
changes, insertions or omissions as appropriate.
6. Each of the Preliminary Oficial Statement and the final Oficial Statement, in
the form of the Preliminary Oficial Statement submitted to this meeting, is
hereby approved, in substantially such form, with such changes, insertions and
omissions as appropriate, and the use thereof in connection with the public
offering and sale of the Bonds is hereby authorized.
7. The Chair of the Board, the County Manager, the Assistant County
Manager/Finance Officer, the Clerk to the Board, the County Attorney and the
Associate County Attorney are each hereby authorized to take any and all such
further action and to execute and deliver such other documents as may be
necessary or advisable to carry out the intent of this Resolution and to effect the
installmentfinancingpursuanttothe Installment Financing Agreement. Without
limiting the generality of the foregoing, the Assistant County Manager/Finance
Officer or any deputy finance director is authorized to approve all details of the
financing, including without limitation, the amount advanced under the
Installment Financing Agreement (which shall not exceed $36,000,000), the
annual principal payments under the Installment Financing Agreement, the
interest rates for the Bonds, the terms of the Installment Financing Agreement,
and the discount below the principal amount of the Bonds at which the Bonds
are sold to the Underwriter or the fee paid to the Underwriter. Execution of the
Installment Financing Agreement by the Chair of the Board, the County
Manager, the Assistant County Manager/Finance Officer or any deputy finance
director, shall conclusively evidence approval of all such details of the
financing.
8. All actions of the County effectuating the proposed financing are hereby
approved, ratified and authorized pursuant to and in accordance with the
transaction contemplated by the documents referred to above.
9. This Resolution shall become effective immediately upon its adoption.
Refund of Excise Tax
Aimee Scotton, Associate Attorney, requested that the Board approve the refund of an
overpayment of North Carolina Real Estate Excise Tax as provided for in North Carolina General
Statute 105-228.37.
In a letter received July 25, 2019, legal assistant Kelley Goins requested the refund of excise
tax paid on a deed that was erroneously filed in Randolph County by Goins Law. The deed should
have been filed in Guilford County. The excise tax paid in Randolph County on this property was
$450.
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North Carolina General Statute 105-228.37 governs the refund of overpayment of tax. This
statute requires that a taxpayer requesting a refund must file a written request for said refund with
the Board of County Commissioners within six months after the date that the tax was paid. Since
the deed was filed on May 16, 2019, and the request for refund was received on July 25th, the
request was made timely in accordance with the statute. Within 60 days after this request, the
Board must review the request and make a decision on the refund. If the Board finds that the
refund is due, the Board shall refund the County's portion of the tax. Before the tax is refunded,
the taxpayer must record a document stating that no tax was owed because the instrument was filed
in the wrong county.
Since no tax was due in Randolph County and this deed was simply recorded in the wrong
place, Ms. Scotton asked that the Board authorize the refund requested by Goins Law.
On motion of Kidd, seconded by Haywood, the Board voted unanimously to refund excise tax
in the amount of $450 to Goins Law.
Involuntary Commitment Transportation Plan
Sheriff Seabolt stated that N.C.G.S.§122C-251 sets forth requirements regarding the
transportation of persons that are subject to involuntary mental commitments ("Respondents").
This plan applies to Randolph County Sheriff's Office Deputies as law enforcement officers and
any contract transportation provider designated by the Randolph County Board of Commissioners
("Commissioners") pursuant to N.C.G.S. 122C-251 (g). The Transportation Plan designates those
transportation providers authorized to transport those subjects.
When the Respondent is a resident of the city, or is taken into custody within the city limits,
N.C.G.S.§122C-251(a) requires the city to transport the Respondent. If the Respondent lives
outside the city limits and in the county, or is taken into custody outside the city limits, then the
County must transport the Respondent. If the Respondent is to be transported to a facility outside
the county, then the County is responsible for the transportation regardless of whether the
Respondent resides in the city or the county. However, cities and counties may contract with each
other to provide transportation.
In addition, the governing body of a ... County may adopt a plan for transportation in
involuntary commitment proceedings. Law enforcement personnel, volunteers, or other public or
private agency personnel may be designated to provide all or parts of the transportation required
by involuntary commitment proceedings. Persons so designated shall be trained and the plan shall
assure adequate safety and protection for both the public and the Respondent. Law enforcement,
other affected agencies, and the area authority must participate in the planning. If any person other
than a law enforcement officer is designated to provide transportation, the person designated shall
follow the procedures set up for a law enforcement officer to transport. [N.C.G.S§122C-251(g)]
In certain circumstances, a magistrate, or district court judge, may authorize the family or
immediate friends of the Respondent, if they so request, to transport the Respondent in accordance
with the procedures of this article of the N.C.G.S. This authorization should only be granted in
cases where the dangers to the public, the family or friends of the Respondent, or to the Respondent
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himself are not substantial. The family or immediate friends of the Respondent must bear the cost
of providing this transportation. [N.C.G.S. §122C -251(f)]
Sheriff Seabolt asked the Board to consider the approval of the Involuntary Commitment
Transportation Plan and the Resolution Adopting the Transportation Plan that outlines the
transport of Respondents in involuntary commitments proceedings.
Chairman Frye questioned if there would be liability issues from this plan. Sheriff Seabolt said
there would not.
Chairman Frye asked if Deputies would be pulled from an area where only one was on duty to
transport Respondents. Sheriff Seabolt said Deputies will not be used for transportation if they are
the only one on duty in an area.
Commissioner Allen stated that Sandhills has 23 -hour beds and wanted to be sure that those
would fit into the 24-hour bed definition. Sheriff Seabolt confirmed that it would.
On motion of Haywood, seconded by Allen, the Board voted unanimously to approve the
Involuntary Commitment Transportation Plan for Randolph County and the associated
Resolution, as follows:
COUNTY OF RANDOLPH INVOLUNTARY COMMITMENT
TRANSPORTATION PLAN
A. SCOPE OF PLAN
It is the policy of the County of Randolph (the "County') to transport persons
subject to involuntary mental commitments ("Respondent(s)') in conformity with
requirements set forth in N.C. G.S. 122C-251. This plan regarding transportation
of Respondents applies to Randolph County Sheriff's Deputies as law enforcement
officers, and any contract transportation provider designated by the Randolph County
Board of Commissioners ("Commissioners') pursuant to N.C. G. S. 122C-25 I (g).
B. SERVICE OF INVOLUNTARY COMMITMENT ORDERS ON RESPOND-
ENTS AND INITIAL CUSTODY MUST BE PERFORMED BY A LAW
ENFORCEMENT OFFICER
The initial service of the Involuntary Commitment Order upon a Respondent and the
initial custody of the Respondent shall be accomplished by a law enforcement officer
pursuant to N.C. G. S. 122C -261(e). Once the Respondent has been committed to a
24-hour facility, transportation to and from the facility shall be accomplished
pursuant to N. C.G. S. 122C-251 (g).
C. TRANSPORTATION OF RESPONDENTS WITHIN CITY LIMITS
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Transportation of a Respondent who is a resident of the city or who is physically
taken into custody in the city limits shall be provided by Asheboro, Archdale,
Liberty, Ramseur, Randleman, and Seagrove Police Departments pursuant to
N. C.G. S. 122C-251 (g).
D. TRANSPORTATION OF RESPONDENTS OUTSIDE CITYLIMITS
AND FROM SITE OF FIRST EXAMINATION TO A 24-HOUR FACILITY
Except as provided in N. C.G. S 122C-251 (c), (f) and (g), transportation of the
Respondent between counties for a first examination as described in N. C.G. S.
122C -263(a) and N.C.G.S. 122C -283(a) as they shall be amended from time to time,
and for admission to a 24-hour facility shall be provided by the county where the
Respondent is being taken into custody.
Transportation between counties for Respondents held in a 24-hour facilities who
have requested a change of venue for the district court hearing shall be provided
by the county where the petition for involuntary commitment was initiated.
Transportation between counties for discharge of a Respondent from a 24-hour
facility shall be provided by the county of residence of the respondent. A
Respondent being discharged from a facility may also use his or her own
transportation at his own expense.
E. PROCEDURES FOR TRANSPORT OF RESPONDENTS
Members of the Randolph County Sheriffs Office or contract transportation
providers designated by the County pursuant to N. C. G. S. 122C-251 (g), to the
extent feasible, shall dress in plain clothes and shall travel in unmarked vehicles
and shall advise Respondents when either taking them into custody or performing
transport, that the Respondent is not under arrest, has not committed a crime,
but is being transported to receive treatment for their own safety and that of
others. To the extent feasible, in providing transportation of a Respondent, there
shall be a driver or attendant who is the same gender as the Respondent, unless
a family member of the Respondent is allowed to accompany the Respondent in
lieu of an attendant of the same gender as the Respondent.
In providing transportation pursuant to this policy, members of the Randolph
County Sheriff's Office or contract transportation providers designated by the
County pursuant to N. C. G. S. 122C-251 (g) may use reasonable force to restrain
the Respondent if it appears necessary to protect themselves, the Respondent, or
others. Any use of restraints shall be as reasonably determined by the officer to
be necessary under the circumstances for the
safety of the Respondent, the law enforcement officer, and other persons.
Notwithstanding the foregoing, every effort to avoid restraint of a child under
the age of 10 shall be made by the transporting officer unless the child's
behavior or other circumstances dictate that restraint is necessary. Members of
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the Randolph County Sheriff's Office or contract transportation providers
designated by the County pursuant to N. C.G. S 122C-251 (g) should respond to
all inquiries from the committing facility concerning the Respondent's behavior
and the use of any restraints related to the custody and transportation of the
Respondent, except in circumstances where providing that information is
confidential or would otherwise compromise a law enforcement investigation.
F. COUNTY TRANSPORTATIONPLANPURSUANT TON. C. G.S. 122C -251(g)
Randolph County Sheriff's Deputies or any person or firm contracted to provide
transportation of involuntary commitment Respondents shall be subject to the
terms of this plan. Persons so designated or otherwise required to provide all
or parts of the custody and transportation required by involuntary commitment
proceedings shall be trained using appropriate lesson plans with interacting with
the mentally ill, emotionally disturbed and other special populations as set forth
in N.C.G.S,. 122C -202.2(a)(3). The plan shall assure adequate safety and
protections for both the public and the Respondent.
Randolph County Sheriff's Deputies, or a contract transportation provider designated
by the County pursuant to N. C.G. S. 122C-251 (g) to provide transportation to
Respondents shall provide the transportation and follow the procedures in this policy
and appropriate statutes in Article 5, Chapter 122C of the North Carolina General
Statutes. References in Article 5 to a law enforcement officer apply to Randolph County
Sheriff's Deputies or to a contract transportation provider retained and approved by
the County pursuant to N. C. G. S. 122C-25 1(g) when providing transportation to
involuntary commitment Respondents.
Contract transportation providers designated by the County pursuant to N.C.G.S.
122C-251 (g) shall agree to indemnify and hold harmless the County and the Sheri
and his or her employees or agents and provide necessary insurance as required by the
County legal and risk management staff before performing transportation duties
pursuant to said contract.
Should the County deem it appropriate to modem this transportation agreement, it will
submit the modified agreement to the magistrates in its judicial district, county
clerks of court, the LME/MCO that serves the County and the Division of Mental
Health, Developmental Disabilities and Substance Abuse Services at least 10 days
prior to the effective date of the new plan.
RESOLUTION OF THE RANDOLPH COUNTYBOARD OF COMMISSIONERS
ADOPTING A TRANSPORTATION PLAN
TO TRANSPORT RESPONDENTS IN
INVOLUNTARY COMMITMENT PROCEEDINGS
WHEREAS, pursuant to N. C.G. S. 122C -251(a) the county has the duty to provide,
through its law enforcement officers, transportation under the involuntary commitment
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proceedings of Article 5 of Chapter 122C of the North Carolina General Statutes for
(i) citizens who are residents ofRandolph County, and (ii) any person who is physically
taken into custody within Randolph County ("Transportation Services'); and
WHEREAS, The County has been providing Transportation Services through the
use of sworn Randolph County SheriDeputies; and
WHEREAS, N. C. G. S. 122C -251(g) provides that the governing body of a city or
county shall adopt a plan for the transportation of respondents in involuntary
commitment proceedings and that private agency personnel may be designated to
provide all or parts of the transportation required by said proceedings; and
WHEREAS, N. C. G. S. 122C-2510 further provides that persons designated in the
plan to provide transportation shall be trained and the plan shall assure adequate
safety and protections for both the public and the Respondent, and
WHEREAS, Randolph County will continue to provide Transportation Services
pursuant to N.C. G. S. 122C -251(a) and may designate a private agency to transport
respondents under the involuntary commitment proceedings ofArticle 5 Chapter 122C
of the North Carolina General Statutes;
WHEREAS, N. C. G. S. 122C -251(g) further provides that law enforcement, other
affected agencies, and area authority shall participate in the development of a plan for
the transportation of respondents in involuntary commitment proceedings; and
WHEREAS, the Randolph County Sherds Office, the City of Asheboro Police
Department, the City of Archdale Police Department, the City of Randleman Police
Department, the City of Ramseur Police Department, the City of Liberty Police
Department, the City of Seagrove Police Department, Sandhills Center, and the
District Attorney's Office have consulted together and have agreed to a Transportation
Plan pursuant to N. C. G. S. 122C -251(g); and
NOW, THEREFORE, BE IT RESOLVED by the Randolph County Board of
Commissioners that a Transportation Plan is hereby adopted for the transportation of
respondents in involuntary commitment proceedings under Article 5 of Chapter 122C
of the North Carolina General Statutes; and
IT IS FURTHER RESOLVED that nothing herein shall prevent the County from
designating private agency personnel to provide all or parts of the Transportation
Services required by involuntary commitment proceedings, provided such designated
persons are trained and provide for adequate safety and protection of both the public
and the person transported.
New Deputy Sheriff Sergeant Position
Sheriff Seabolt requested the addition of one Deputy Sheriff Sergeant position to be added to
the Sheriff's Office. This position will be utilized for the City of Trinity.
The City of Trinity has agreed to cover the salary and fringe benefits for a Deputy Sheriff
Sergeant position. Randolph County Sheriff's Office would issue an existing fleet vehicle and
provide all costs to equip the new Deputy Sheriff out of the existing budget.
Financial figures for the position are prorated for 9 1/2 months (Sept. - June) are $54,674.
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Sheriff Seabolt asked the Board to approve the additional Deputy Sheriff Sergeant position and
the associated Budget Amendment.
On motion of Frye, seconded by Kidd, the Board voted unanimously to approve the request for
a New Deputy Sheriff Sergeant position and the associated Budget Amendment, as follows:
2019-2020 Budget Ordinance
General Fund—Budget Amendment #11
Revenues
Increase
Decrease
Sales and Services
$54,674
$5,000
Appropriations
Increase
Decrease
Sheriff
$54,674
$51,894
Time and Attendance Software
Michael Rowland, Information Technology (IT) Director, said Human Resources (HR) and IT
have worked with some of the departments over the past year to find a way to improve the current
time tracking and entry process. The current process involves multiple spreadsheets and manual
data entry. It is slow, cumbersome, and inefficient. After evaluating available options, the best
solution to replace the process is from Tyler Technologies. Tyler Technologies is the vendor that
provides the current HR and payroll software. The solution proposed consists of an add-on module
to the existing HR and payroll software. The module, called ExecuTime, would provide a much
higher level of integration than otherwise possible while still meeting all of the needs.
The quote received from Tyler is $75,368. This includes the software, installation, training, and
the first year of maintenance.
Mr. Rowland respectfully requested that the Board award the purchase to Tyler Technologies
for the time and attendance software at a cost of $75,368, authorize the County Manager to sign
the contract, and approve the associated Budget Amendment.
Funds are currently available within the Strategic Technology Fund and the IT budget to cover
the purchase.
On motion ofAllen, seconded by Kidd, the Board voted unanimously to 1) approve the award
for time and attendance software to Tyler Technologies at a cost of $75,368, 2) authorize the
County Manager to sign the contract, and 3) approve the associated Budget Amendment, as
follows:
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Technology Capital Project Ordinance
Budget Amendment #11
Revenues Increase
Decrease
Investment Earnings
$5,000
Appropriations
Increase
Decrease
2019 Work Plan
$51,894
2013 Work Plan
$19,586
2012 Work Plan
$3,317
2008 Work Plan
$23,991
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US Census Complete Count Committee
County Manager Hal Johnson said the US Census Bureau recommends the establishment of a
Complete Count Committee by Randolph County Government for the purpose of facilitating a
complete and correct count in the 2020 Census.
The U.S. Census Bureau is required by the U.S. Constitution to conduct a complete count of
the population every ten years. Census data helps determine how many seats each state will have
in the U.S. House of Representatives and is necessary for an accurate and fair redistricting of state
legislative seats, county and city councils, and voting districts. Federal and state funding is
allocated to communities and decisions are made on matters of local and national importance based
on census data and housing.
Information from the 2020 Census and American Community Survey is vital for economic
development and increased employment. A Complete Count Committee will act as a united voice
from business, government, community-based and faith -based organizations, educators, media and
others, and will enable the 2020 Census message to reach more of our residents. The Census count
requires extensive work, and the Census Bureau requires partners at the state and local level to
ensure a complete and accurate count.
Randolph County and its appointed Complete Count Committee will bring together a cross
section of community members who will utilize their local knowledge and expertise to reach out
to all persons in our community. Randolph County is committed to partnering with the U.S.
Census Bureau and the State of North Carolina to support the goals for the 2020 Census. A
Complete Count Committee will be vital to obtaining a complete and accurate count. The
Resolution authorizes and supports the establishment of a Randolph County 2020 Census
Complete Count Committee which will be coordinated by the Office of the County Manager.
On motion of McDowell, seconded by Haywood, the Board voted unanimously to approve the
US Census Complete Count Committee Resolution of Support, as follows:
2020 CENSUS PARTNERSHIP
WHEREAS, the U.S. Census Bureau is required by the U.S. Constitution to conduct
a complete count of the population; and
WHEREAS, Randolph County is committed to ensuring every resident is counted;
and
WHEREAS, federal and state funding allocations and decisions are based, in part,
on census data and housing; and
WHEREAS, census data helps determine how many seats each state will have in
the U.S. House of Representatives and is necessary for an accurate and fair
redistricting of state legislative seats, county and city councils, and voting districts;
and
WHEREAS, the information collected by the census is confidential and protected
by law; and
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WHEREAS, Randolph County and its appointed Complete Count Committee will
bring together a cross section of community members who will utilize their local
knowledge and expertise to reach all persons in our communities.
NOW, THEREFORE, BE IT RESOLVED that Randolph County is committed to
partnering with the U.S. Census Bureau and the State of North Carolina and will:
1. Support the goals for the 2020 Census and will disseminate 2020 Census
information;
2. Encourage all County residents to participate in events and initiatives that will
raise the overall awareness of the 2020 Census and increase participation;
3. Provide CCC members and Census advocates to speak to County and Community
Organizations;
4. Support census takers as they help our County complete an accurate count; and
5. Strive to achieve a complete and accurate count of all persons within our borders.
Hire Outside Counsel For Matters Relating to Randolph Health
Ben Morgan, County Attorney, said after the last closed session regarding Randolph Health,
the Board requested a letter of engagement from Nexsen Pruet. He received the letter from
Christine Myatt who specializes in business bankruptcy law. She has not charged a retainer but
will bill the County and City of Asheboro on a monthly basis.
Chairman Frye explained that Randolph Health has had serious financial issues. There is a bill
in the General Assembly called the Rural Health Care Stabilization Act written with Randolph
Health in mind which would create a loan to restructure rural hospitals. A government entity must
apply for the loan on behalf of a hospital. Randolph Health had said their attorneys would represent
the County and City of Asheboro through the process. The Board felt it was best to have someone
with bankruptcy law knowledge represent the County and the City of Asheboro agreed. Each
Board is contributing $25,000 for Ms. Myatt's expertise on an hourly basis without any retainer.
On motion of Kidd, seconded by McDowell, the Board voted unanimously to 1) retain Nexsen
Pruet as outside counsel to assist with legal issues as they relate to the reorganization of Randolph
Health and SB 681, The Rural Health Care Stabilization Act, 2) authorize the County Manager to
sign the contract, and 3) approve the associated Budget Amendment, as follows:
2019-2020 Budget Ordinance
General Fund—Budget Amendment #12
Revenues Increase Decrease
Appropriated Fund Balance $25,000
Appropriations Increase Decrease
Administration $25,000
Multi -Party Agreement
Ben Morgan, County Attorney, presented a multi-party agreement with Duke Energy Carolinas,
LLC to reroute existing transmission lines on the Megasite property. The payment schedule set
forth has the NC Railroad (NCRR) paying $2,372,000, the Greensboro Randolph Megasite
Foundation paying $928,000, and Randolph County paying $600,000. Time is of the essence
because transmission lines can only be moved at certain times of year. The lines are being moved
to ready the site for an end user. The fees may be reimbursed once an end user is secured.
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Chairman Frye stated that there are many ways the County could get reimbursed for this
expense. Duke Energy does not have an economic development fund, but once there is an end
user, the funds can be reimbursed.
Mr. Morgan said Duke Energy's bylaws do not allow them to pay before they have an end user.
Chairman Frye said the NCRR does not want to pay for the change and Duke Energy Carolinas,
LLC will stop work if Randolph County does not sign the agreement. However, the County is
required by statute to have a Public Hearing prior to voting on and signing the agreement.
Commissioner McDowell asked why this was being done since Toyota did not come here.
Chairman Frye said the lines need to be moved to make the Megasite more appealing to an end
user.
Commissioner Kidd said the County would get reimbursed when an end user occupies the site.
There may be possibility of other reimbursements as well.
Commissioner Allen did not understand how the Board could approve the agreement without
holding a Public Hearing. Mr. Morgan said the NCRR wants assurance that the County will be
partnering in the agreement.
Commissioner McDowell said he thought Duke Energy wasn't going to require any more
funding for this project.
On motion of Kidd, seconded by Haywood, the Board voted 3-2, with Allen and McDowell
opposing, to set a Public Hearing on October 7, 2019, at 7: 00 p.m., on the multi-party agreement
from Duke Energy Carolinas, LLC.
CCG Range and Training Complex, LLC
Ben Morgan, County Attorney, stated that the Civil Superior Court session had been held but
the case against the CCG Range and Training Complex, LLC was not heard. The next Civil
Superior Court session will be November 12, 2019.
Commissioner Haywood commented that she had received an email about the current
Ordinance Regulating the Discharge of Firearms in Randolph County, NC that was approved in
1993. The citizen asked that the Board look at the Ordinance since Randolph County population
has grown since then and there isn't as much vacant land. He is concerned because his house and
neighbors' houses have been hit by stray bullets.
Mr. Morgan said he researched similar Ordinances and compared them to the current Randolph
County Ordinance. There are many laws that address the discharge of guns. The challenge is the
proof required by Law Enforcement and Zoning Enforcement to show that laws are being broken.
Chairman Frye stated that the original adoption of the Ordinance was started due to safety
concerns over the height and width of berms that divert bullets when shooting for sport.
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Mr. Morgan stated that he could continue his research if the Board would like. Commissioner
McDowell asked that he would.
County Manager's Update
County Manager Hal Johnson said he did not have any updates.
Commissioners Update
Chairman Frye said the NCACC conference was well attended.
Closed Session
At 8:20 p.m., on motion of Kidd, seconded by McDowell, the Board voted unanimously to go
into closed session pursuant to North Carolina General Statutes Section 143-318.11 for the
purpose of discussing competitive healthcare activities by or on behalf ofRandolph Health, which
discussion is privileged and confidential pursuant to North Carolina General Statutes Section
131E-97.31 as is permitted by North Carolina General Statutes Section 143-318.11(a)(4).
Chairman Frye said there would be no action after the closed session.
Regular Session Resumed
At 9:05 p.m., the Board returned to regular session.
Adjournment
At 9:05 p.m. on motion of Allen, seconded by Haywood, the Board voted unanimously to
adjourn.
Darrell Frye, Chairman David Allen
Kenny Kidd
Hope Haywood
Maxton McDowell
Dana Crisco, Clerk to the Board
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