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010322January 3, 2022 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, and Commissioner Hope Haywood were present. Commissioner Maxton McDowell was absent. Also present were County Manager Hal Johnson, Assistant County Manager/Finance Officer Will Massie, County Attorney Ben Morgan, Deputy Clerk to the Board Sarah Pack, and Clerk to the Board Dana Crisco. Chaplain Bill Hatfield from the Randolph County Sheriff's Office gave the invocation and everyone recited the Pledge of Allegiance. The meeting was livestreamed on Facebook and YouTube. Special Recognitions Chairman Frye recognized Ms. Isabelle Maroney as a Centenarian. Commissioner Haywood said a few words about Ms. Maroney and her family. 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. Kevin Price, 1819 Old Cedar Falls Rd., Asheboro, spoke regarding the Confederate statue in front of the Historic Courthouse. He had many relatives that served in the military. He has lived in Randolph County most of his life. The statue does not represent the same thing to everyone. He found it wrong that the pastors who presented a resolution during Public Comment and were added to the agenda for the next month but citizens that want the statue removed have still not gotten a chance to be on the agenda. He stated that the Board needs to treat everyone the same. Dwain Roberts, 4654 Rainbow Trail, Asheboro, believes that the people taking down Confederate Statues are committing evil. He mentioned that the Confederate States of America were never dissolved. Chairman Frye assures the public that their concerns were not falling on deaf ears. "We have continued to consider issues related to the statue. So far, there has been no clear decision to solve this matter." Consent Agenda On motion ofHaywood, seconded by Kidd, the Board voted 4-0 to approve the Consent Agenda as presented, as follows: • approve Board of Commissioners Special Meeting Minutes ofDecember 6, 2021 and December 9, 2021; • open Closed Session Minutes as per Attached List (Attachment A); approve Budget Amendment LINKS Funding for DSS ($115, 000); 2021-2022 Budget Ordinance General Fund—Budget Amendment #24 Revenues I Increase Decrease 1/3/22 Restricted Intergovernmental $115,000 Appropriations Increase Decrease Social Services $115,000 • approve Budget Amendment - Low -Income Household Water Assistance Program ($241,970); 2021-2022 Budget Ordinance General Fund—Budget Amendment #25 Revenues Increase Decrease Restricted Intergovernmental $241,970 Appropriations Increase Decrease Social Services $241,970 • approve Budget Amendment Social Services Grant ($135,673); 2021-2022 Budget Ordinance General Fund—Budget Amendment #26 Revenues Increase Decrease Restricted Intergovernmental $135,673 Appropriations Increase Decrease Social Services $135,673 • approve Budget Amendment COVID-19 Vaccination Program ($297,311); 2021-2022 Budget Ordinance General Fund—Budget Amendment #27 Revenues Increase Decrease Restricted Intergovernmental $297,311 Appropriations Increase Decrease Public Health $297,311 • reappoint Randy Tedder to the Seagrove-UlahMetropolitan Water District Board; • approve Budget Amendment Juvenile Detention ($100,000), as follows: 2021-2022 Budget Ordinance General Fund—Budget Amendment #28 Revenues Increase Decrease Sales Taxes $100,000 Appropriations Increase Decrease Other Public Safety Appropriations $100, 000 Chairman Frye asked Social Services Director Tracie Murphy to explain why at least one of the Budget Amendments in the Consent Agenda has a letter in the packet dating back to September. Ms. Murphy said Social Services is receiving funds listed. She indicated that two of the three programs have been very successful. The water assistance program has not had the same reception as the other two. Social Services will need to do more research to find recipients for these funds. Presentation of Annual Audit Report April Adams, Partner at Cherry Bekaert LLC, presented and reviewed the County's Annual Comprehensive Financial Report for year ending June 30, 2021. She reviewed the metrics used in 1/3/22 performing the audit. She stated there were no adjustments to journal entries, no significant deficiencies were identified, and said the firm gave the County an unmodified opinion on the financial statements. There were no significant deficiencies in internal controls. There were two issues, one with Social Services crosscutting and another with Temporary Assistance for Needy Families (TANF) funds. Commissioner Allen commended Ms. Adams and Assistant County Manager/Finance Officer Will Massie and their respective staff for all they do to ensure a thorough audit. Commissioner Haywood complimented County departments and department heads for being fiscally responsible. Chairman Frye agreed that department heads keep a check on their spending. Mr. Massie spoke of the late submission of the audit to the Local Government Commission (LGC). He said that being late is usually a negative sign but this delay was due to updated Governmental Accounting Standards Board (GASB) requirements. Mr. Massie commended his staff for the extra work that has been done to complete the audit. He stated that the Standard and Poor's (S&P) credit rating for Randolph County has been AA- as long as he has been in finance because the average wage in the county is below the state average. After speaking to representatives from S&P on the recent announcement of Toyota's job creation for their proposed battery manufacturing facility at the Greensboro/Randolph Megasite, S&P upgraded Randolph County's rating to AA. Chairman Frye noted that the letter to the LGC regarding the delayed audit results explained the issues and noted that Randolph County had not requested an extension for many years. Public Hearing to Close Brown's Meadow Road Aimee Scotton, Associate County Attorney said that she had appeared before the Board in December 2021 to request the closing of a portion of Browns Meadow Road. The portion requested to be closed is the section from its intersection with the northeast side of U.S. Highway 421 and continuing in a northerly direction to its terminus at Old 421 Road. The procedure for closing a public road or easement is governed by North Carolina General Statute §153A-241. The first step requires that the Board of Commissioners adopt a resolution declaring its intent to close the road and calling for a public hearing on the question. The Board adopted this Resolution at the December 9, 2021 meeting. In accordance with the statute, notice of the Public Hearing was published once a week for three successive weeks. The statute further requires that a copy of the Resolution must be sent by Registered Certified mail to each owner of property adjoining the road, as shown by the County tax records, who did not join in the request to have the road closed. In this case, the properties adjoining the road are owned by the County and the North Carolina Railroad, who joined in the request, so no mailing was necessary. Furthermore, a notice of the closing and the Public Hearing was posted in at least two places along the portion of the road requested to be closed as prescribed by the statute. After all interested persons are allowed to voice their views at the Public Hearing and if the Board of Commissioners is satisfied that closing this portion of the road will not be detrimental to public interest and will not deprive any individual of access to his property, the Board may adopt 1/3/22 an Order closing the road. A certified copy of this Order shall then be filed with the Register of Deeds office. At 6:44 p.m. Commissioner Frye opened the Public Hearing and closed it after hearing no comments. Commissioner Allen said some of his constituents were sad to see that portion of the road being closed. He was also asked about fire protection. Commissioner Allen said he spoke with County Fire Marshal Erik Beard about the issue and Mr. Beard said that it would not be a problem at this point. On motion of Haywood, seconded by Kidd, the Board voted 4-0 to approve the Order Permanently Closing a Section ofBrowns Meadow Road, as follows: ORDER PERMANENTLY CLOSING A SECTION OF BROWNS MEADOW ROAD WHEREAS, the Randolph County Board of Commissioners received a request to permanently close the following section ofBrowns Meadow Road: From its intersection with the north/east side of U.S. Highway 421 and continuing in a northerly direction to its terminus at Old 421 Road; and WHEREAS, on December 9, 2021, the Randolph County Board of Commissioners adopted a resolution declaring its intent to close said street or easement and set a public hearing on the issue for January 3, 2022, all in accordance with North Carolina General Statute §153A-241; and WHEREAS, notice of the proposed closing and hearing were prominently posted in two places along the section ofsaid road proposed to be closed; and WHEREAS, notice of the public hearing set by the Randolph County Board of Commissioners for January 3, 2022 was published once a week for three successive weeks before the hearing; and WHEREAS, all property owners adjoining said section proposed to be closed had joined in the request for closure; and WHEREAS, the Randolph County Board of Commissioners has determined through the public hearing that the closing of the aforementioned section ofBrowns Meadow Road is not contrary to the public interest and that no individual owning property in the vicinity of said road would be deprived of reasonable means of ingress and egress to his or her property; NOW, THEREFORE, BE IT ORDERED by the Randolph County Board of Commissioners that the above -referenced section of Browns Meadow Road be permanently closed and that all right, title, and interest in its respective rights-of-way is vested in those persons owning lots or parcels adjacent to that section of the road or easement. BE IT FURTHER ORDERED that a certified copy of this Order shall be filed in the Register ofDeeds Office. Detention Center Construction 1/3/22 John Witcher, Bordeaux Construction, introduced members of his team. He said on November 18, 2021, the Detention Center received the State Inspection for Phase 2 of the project. At that time, the State Inspector raised concerns with the existing smoke control system. It was explained that Phase 2 was intended to operate under the current smoke control system and that their concerns would be addressed in Phase 4. This was rejected and the inspector is requiring that the upgrades to the existing smoke control system are completed before Phase 2 will be approved. This change will have an impact on the schedule and will require additional work and testing. Mr. Witcher estimated that the additional time will cost up to $500,000 with any excess being returned to the County. Chairman Frye asked why this wasn't realized sooner. It was explained there were some unforeseen issues. The State inspector that had originally worked with them on the project had approved the plans. Unfortunately, he passed away and his replacement did not agree with the same plan. The new plan will also require equipment changes. Chairman Frye stated that the construction had been started in the previous Sheriff's administration. Now it will be delayed until 2024. Commissioner Allen stated that cost and the timeframe has been extended from the beginning and questioned if it would be extended again. Mr. Witcher said he couldn't be certain because there are things that are yet to be seen. Commissioner Allen reiterated the frustration of the Board on the cost and the timeframe continuing to change. Commissioner Kidd stated that the State seems to have changed their standards and the County has no recourse. Chairman Frye asked if there would be delays to receive other items. Mr. Witcher said the items have been ordered and are on site now. Commissioner Kidd wanted the citizens to know that the Board is not spending money unnecessarily. The Board was asked to approve a Change Order to add the necessary work, testing, and schedule extension to the Bordeaux Construction Contract. On motion ofAllen, seconded by Haywood, the Board voted 4-0 to 1) approve a Change Order for the additional work, testing, and schedule extension, 2) approve the associated Budget Amendment in the amount of $500, 000, and 3) authorize the County Manager to sign the Change Order, as follows: 2021-2022 Budget Ordinance Detention Center Capital Project Amendment #10 Revenues Increase Decrease None Appropriations Increase Decrease Construction $500,000 Contingency $500,000 1/3/22 Tire Tax Distributions Budget Amendment County Manager Hal Johnson said that N.C. General Statute 130A-309.54 imposes a tax on new tires to provide funds for the disposal of scrap tires. The State of North Carolina imposes a sales tax on tires. Tire dealers collect this tax and send it to the State, who then distribute the funds to counties. Randolph County receives a portion of these funds; however, as part of the Landfill Agreement and Franchise, the County requires Waste Management to manage the scrap tire program and pay for disposal. A County may use proceeds of the tax distributed only for the disposal of scrap tires. Mr. Johnson recommended that these funds, as reflected in the Budget Amendment, be passed to Waste Management for operation of tire disposal services as required by the existing Franchise and Landfill Agreement. Mike McFeely, District Manager of the Great Oak Landfill, spoke of the scrap tire process. Commercial tire dealers must fill out appropriate paperwork and have a certification to allow them to dispose of the tires. Residents can dispose of five tires per day. Chairman Frye asked if some tires were turned away. Mr. McFeely confirmed that they were. Commissioner Allen asked about having additional space to drop off tires. Mr. McFeely indicated that the funding would help. Commissioner Kidd stated that the commercial dealers are abusing the disposal system. The other issue is that the County was holding money that should've been sent to Waste Management already. On motion of Kidd, seconded by Allen, the Board voted 4-0 to pass the County's share of the automobile tire tax to Waste Management for tire disposal services and approve the associated Budget Amendment in the amount of $250, 000, as follows: 2021-2022 Budget Ordinance General Fund—Budget Amendment #29 Revenues Increase Decrease A ro riated Fund Balance $250,000 Appropriations Increase Decrease Public Works $250,000 Abolition of Library Fees Ross Holt, Public Library Director, said that libraries across North Carolina and nationwide are moving to eliminate overdue fines. To date, approximately 25 North Carolina libraries have done so, including Alamance County and the Cities of Greensboro and High Point. Recent research and practice in the library profession has shown that overdue fines do not prompt return of library material but are significant deterrents to library use and have an undue impact on those who can least afford them. 1/3/22 Libraries that eliminate fines see their visits and checkouts increase, combined with a dramatic rise in the return of long overdue books and other items. But they do not see a significant rise in the late return of material. (It's important to note that even though fines are not assessed, due dates are still assigned and overdue notices are sent. Borrowers also are still held financially responsible for lost material.) The Randolph County Public Libraries Board of Trustees is charged by the County Library Ordinance with setting fines and fees for the library system. At their October 2021 meeting, the Trustees expressed an interest in considering a fine -free model. They meet again on January 13, 2022. County Manager's Update County Manager Hal Johnson reminded the Board of the January 101h meeting with the Randolph County School Board. He also spoke of a letter being sent to landowners with wells within 500 feet of the Megasite property. The State is requiring the County to offer free well monitoring for all properties bordering the Megasite up to 500 feet from the boundary. The County had already been checking wells up to 150 feet from the boundary. There are 111 properties that qualify. Commissioners Update There were no updates from Commissioners. Adjournment At 7: 27 p.m. on motion ofAllen, seconded by Haywood, the Board voted 4-0 to adjourn. Darrell Frye, Chairman David Allen Kenny Kidd Dana Crisco, Clerk to the Board Hope Haywood 1/3/22 Attachment A January 3, 2022 Closed Session Minutes to be Opened February 2, 2017 - Project Maiden March 6, 2017 - Project Maiden February 4, 2019 - Personnel Matter April 16, 2019 - Joint Meeting with the City of Asheboro July 8, 2019 - Randolph Health July 8, 2019 - Petty's Garage July 9, 2019 - Joint Session with the City of Asheboro August 5, 2019 - Randolph Health August 13, 2019 - Legal Counsel Interview September 3, 2019 - Randolph Health October 14, 2019 - Opioid Litigation January 6, 2020 - Randolph Health January 14, 2020 - Randolph Health March 4, 2020 - Randolph Health March 25, 2020 - Randolph Health July 15, 2020 - Randolph Health August 3, 2020 - Randolph Health August 13, 2020 - Randolph Health September 8, 2020 - Project Avocado October 21, 2020 - Randolph Health February 1, 2021 - Lancaster Customworks, Inc February 1, 2021 - Megasite February 1, 2021 - Randolph Health February 12, 2021 - Randolph Health February 23, 2021 - American Healthcare Systems/Randolph Health March 1, 2021 - Randolph Health March 1, 2021 - Wall Brothers March 15, 2021 - Randolph Health March 15, 2021 - Megasite Project April 20, 2021 - Randolph Health July 6, 2021 - Battery 1 July 6, 2021 - Battery 2 September 21, 2021 - Project Darwin October 4, 2021 - Project Darwin