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030722 March 7, 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, Commissioner Maxton McDowell, and Commissioner Hope Haywood were present. 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 th Toni Welch retired on February 28 from Social Services with 31 years of service. Ms. Welch was recognized by both Chairman Frye and Tracie Murphy, after which, Chairman Frye presented Ms. Welch 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 closed it after everyone wishing to speak had done so. County Attorney Ben Morgan read aloud the Public Comment Rules of Procedure. Bill Ivey, 1542 Old Lexington Ave., Asheboro, is speaking from a historical perspective rather than a political one. He said there is a statute pointing out limited criteria allowing the Board to move the monument, but these criteria have not been met. Most of the soldiers were common soldiers not officers. They were not fighting for slavery. Abraham Lincoln said the war was to preserve the Union. Mr. Ivey has ancestors who fought in the Civil War and did not own slaves. One ancestor did not volunteer; he was drafted. Henry Moore, 155 McNeill Ln., Seagrove, is a veteran. He said before the Civil War, black people were also owned by black people. Some parts of history aren’t taught. We need to look to God for guidance in this situation. We can get along without conflict. Tim Saunders, 1402 E. Allred St., Asheboro, read an excerpt from the preamble of the Constitution of the United States. He highlighted the term “domestic tranquility.” He has researched other counties who have moved their Confederate monuments. He said the statute regarding the monument is vague enough that the monument could be moved. The monument standing in front of the Historic Courthouse is a “poke in the eye.” Frederick Sharpless, 3078 Benny Lineberry Rd., Climax, wants to talk about justice. Everyone that enters the Courthouse believes they will receive justice. The monument outside the Historic Courthouse signifies an injustice. Slavery denied people of their humanity. The monument’s presence affects many people. He asked that the monument be removed. Jessica Reavis, Danville, Virginia, has an ancestor who was killed in battle. The monument honoring this ancestor still stands. The monument in front of the Courthouse also honors those lost in battle. It is a memorial to recognize those who were not recovered from battle. It doesn’t 3/7/22 make sense to die for something that doesn’t benefit your family; it makes sense to fight if your home is being invaded. People don’t seem to be doing research, rather believing what they hear at face value. The poor fight the wars. The victor always tells the loser’s story. She is a member of the Daughters of the Confederacy and the Daughters of the American Revolution. The memorials are all some families have to remember their loved ones by. Dwain Roberts, 4654 Rainbow Trl., Ramseur, said there are no ANTIFA, white supremacists, or KKK members present. He read an excerpt from a local newspaper and described the meaning of the colors on the Confederate battle flag. The flag is etched on the side of the memorial and God is watching. Nearly 3,000 Confederate veterans are watching what happens in Randolph County today. Gary Ferree, 2146 Spero Rd., Randleman, said his grandfather was present for the erecting of the Confederate monument. He said many citizens support leaving the monument and do no support “cancel culture.” Some acts committed by leftists today resemble the Communist Manifesto. The NAACP doesn’t run Randolph County and a minority doesn’t rule over a majority. He asked the Board to leave the historical monument alone. Faye Cox, 1211 Grantville Ln., Asheboro, wants the statue to remain in place. Her son went to war and now the world is at war. She doesn’t understand why the NAACP wants to concentrate on a statue that’s just standing there. She has spoken to many community members who are unaware the memorial even exists and don’t want their tax dollars spent on removing it. There are more important matters to concentrate on than a statue that has been standing for over 100 years. She said Randolph County believes in the statue of the soldier. The monument can be used as a learning opportunity. Edward Stills, 3480 Hillsdale Ct., Asheboro, said his younger self may have been a bit racist. His eyes have been opened and he is no longer racist; this is a great milestone in his life. America’s greatest sin is not slavery; it is abortion. Abortion disproportionately targets the black community. Succumbing to removing this memorial, there could be other facets of America’s history could be removed, such as the motto. He doesn’t feel that moving the monument will bring unity and healing in the community. Alan Lamb, 3292 Shady Forest Rd., Randleman, said there were no ships registered as slave ships in southern ports. The people who want the monument moved have their own plan. Roger Johnson, 3473 Trinity Church Rd., Seagrove, is a veteran and had ancestors that fought on both sides of the Civil War. This monument is a monument to his heritage and history. To have your history erased is not a good thing. It is illegal to remove the monument. He suggested the Board take the law into consideration. Other monuments were removed in the dead of night so people couldn’t see; this is not the way things should happen. The Board should go with the majority opinion of the voters of Randolph County. Dean Brown, 460 Wood Mint Rd., Asheboro, read an excerpt from the Bible. He read from a document he received previously listing reasons to move the statue. Randolph County voted not to join the Confederacy, meaning they voted against slavery. It wouldn’t make sense that the 3/7/22 monument was erected to glorify slavery. The memorial was put up in memory of soldiers who fought and died. He was pleased that the Board took a stand against abortion at a previous meeting. Let’s honor the dead the same way; they do not have a voice. Jane Gant, 2713 Ledwell Rd., Asheboro, said there is no statute preventing the monument from being removed. The President of the NAACP has worked tirelessly to present documents that show the treatment of slaves. Her grandchildren have to look at that monument and wonder which of their ancestors were given to slave owners. She is a product of slavery. Nobody wants the monument destroyed. She just asks that it’s put in its proper place. The monument shows young black people that Randolph County is a Confederate county. Elizabeth Lanier, 377 South St., Asheboro, goes to church with someone who is a veteran that asked her to speak. Those who were lost to war laid where they fell; there were not shipped back home. If we are working to build each other up, let’s not tear this monument down. Tearing the monument down will not help to build unity. Let’s come together as a community and respect each other. Clyde Foust, 3746 Midway Acres Rd., Asheboro, said he wants the monument moved from in front of a place of government moved not destroyed. No one who has spoken has given a reason to move the monument that supersedes information already given to the Board by the NAACP. He described the Confederate Constitution and aspects put in writing to protect slavery. He is not asking for the destruction of the statue, but a statue standing in front of a courthouse represents the entirety of the community. Confederates made the decision to move away from the United States rather than abandon slavery. He is asking the Board to form a committee to review the situation and decide what’s best for the county. Kevin Price, 1819 Old Cedar Falls Rd., Asheboro, said he doesn’t want the statue destroyed; simply removed. We all come to the courthouse for justice, but do we receive equal justice? The Board needs to think about what is truly right. He understands that people may be mad, but we all live here together. We can come together and do great things for the County. Many things that white people have invented or started were actually done by African Americans and whites just took the credit. Who’s really going to tell the truth? What side are you truly on? Jane Braswell, 3762 High Pine Church Rd., Asheboro, said the Civil War was fought over slavery. There were slave owners in Randolph County. Randolph County was a “hotbed of anti- slavery.” It is false to portray the soldiers as poor farmers who didn’t know what they were fighting for. In the past, the Board voted against abortion rights. This statue is a moral issue. The statue is a nuisance. The NAACP has requested removal of it. Chairman Frye said this process has been ongoing for a year and nothing has changed. The County is facing a number of historic issues. This issue needs to be laid aside. Chairman Frye said he feels it is time for the Board to take a position. The law is for courts to determine. County Attorney Ben Morgan said the Board is able to vote on this issue. This comes as a surprise to no one and the community is present as they have been for month. It was announced last month that action would be taken and the Board has the authority to do so. 3/7/22 Commissioner Haywood asked Mr. Morgan to highlight the statute. Mr. Morgan said North Carolina General Statute 100-2.1 talks about limitations on removal of statues. It says in plain language that Counties are prohibited from removing statutes. There are many statues that have been removed, but the law says what it says. He interprets the statute to say the statue cannot be moved. Vice-Chairman Allen said under Rule 8a of the Rules of Procedure for the Randolph County Board of Commissioners, the Clerk will prepare the agenda with items received at least 4 days before the meeting. He asked if the Board is in violation of Board procedure by not having this as an item on the agenda. Mr. Morgan said he does not believe it is a violation of procedure. Vice- Chairman Allen said the issue wasn’t talked about until mid-morning this morning that there would be a vote. Mr. Morgan said the issue of a vote is irrelevant; this topic has been discussed every month for nearly a year. The Board has the authority to take action this evening. Commissioner McDowell made a motion to leave the monument in front of the courthouse in its current state and location. It was seconded by Commissioner Kidd. Commissioner Haywood said she has hope that we can teach history to our children. Randolph County had a large Quaker population. Citizens did not want to secede, and Randolph County had a large population of deserters. It was not a straightforward situation. There were men who went and fought because they were obedient. Even if a war is not popular, we should honor those who fight. The Historic Courthouse will become a museum. The grounds are included in that museum. Something that has really bothered her is that people were unaware of the other memorial in front of the Historic Courthouse. She has spoken with only two people who were aware of the other memorial because they had ancestors with names on the monument. This monument has nearly 4,000 names on it and yet it is forgotten. It pales in comparison to one that is so prominently placed in front of the courthouse. She does not think it needs to be moved. However, there may come a time to consider making it less prominent and promoting the rest of the history in Randolph County around it. The people who fought and died sacrificed no less than those in other wars. Every sacrifice is important. We each look through a different lens based on our experiences. Chairman Frye said there was an intelligence report that there could be issues arising at this meeting. This caused him to recognize the need to clarify the Board’s stance on the statue. He thanked the audience for their respect and participation. The Board needs to take a position. Vice-Chairman Allen said he often doesn’t agree with Ms. Cox, but he does agree that there are more important issues at hand. He would like to have this issue behind him. However, he doesn’t know if a vote is taken that the issue will be gone. He is in favor of preserving the monument but there are other areas to address. There are ramifications of making this vote. There are economic development opportunities and the Board needs to be careful of the perception when recruiting industry to the county. There is a lot of emotion out there. When it comes down to it, it’s an object. If this energy could be applied to other issues, much could be accomplished. 3/7/22 Commissioner Kidd noted that a Resolution was received from the NAACP. (Attachment A following these minutes.) On motion of McDowell, seconded by Kidd, the Board voted 5-0 for the monument to remain in front of the Courthouse in its current state and location. At 7:25 Chairman Frye called for a recess. At 7:34 regular session resumed. Consent Agenda On motion of McDowell, seconded by Allen, the Board voted 5-0 to approve the Consent Agenda as presented, as follows:  approve Board of Commissioners Regular Meeting Minutes of February 7, 2022 and Special Meeting Minutes of February 10, 2022;  approve Budget Amendment – PH – WIC Grant ($17,696), as follows: 2021-2022 Budget Ordinance General Fund—Budget Amendment #37 Revenues Increase Decrease Restricted Intergovernmental $17,696 4245,154 Appropriations Increase Decrease Public Health $17,696  approve 2023 Holiday Schedule (Same as State Schedule);  reappoint Phyllis Bell to the Randolph County Nursing Home Community Advisory Committee;  appoint Steve King to the Voluntary Agriculture District Board to fill vacancy in District 6;  approve Budget Amendment – Timber Receipts ($701) 2021-2022 Budget Ordinance General Fund—Budget Amendment #38 Revenues Increase Decrease Restricted Intergovernmental $701 4245,154 Appropriations Increase Decrease Education $701  approve Budget Amendment – Public Library-Aid to Public Libraries ($4,159) 2021-2022 Budget Ordinance General Fund—Budget Amendment #39 Revenues Increase Decrease Restricted Intergovernmental $4,159 4245,154 Appropriations Increase Decrease Public Library $4,159  approve Budget Amendment – Public Library – Adapting Technology Grant ($22,500), as follows: 3/7/22 2021-2022 Budget Ordinance General Fund—Budget Amendment #40 Revenues Increase Decrease Restricted Intergovernmental $22,500 4245,154 Appropriations Increase Decrease Public Library $22,500 Consider Design for Northgate Space for Social Services Paxton Arthurs, County Engineer, said at the end of March, the County’s lease with Rent-A- Center (RAC) will expire and they will vacate the space at Northgate Commons. At that time, there are plans to complete a minor interior demolition of the area to prepare it for construction. Smith Sinnett Architecture has been hired to design the renovation of the space for the Department of Social Services. Mr. Arthurs introduced Robert Carmac, Smith Sinnett Architecture, to present the final design along with a cost estimate and approximate schedule. Mr. Carmac gave a presentation about the RAC site at Northgate Commons and proposed design options, a site plan, a floorplan, and cost estimates. He explained the construction schedule and projected phase dates. Chairman Frye asked if there was a contingency budget and Mr. Carmac said yes. Vice-Chairman Allen asked if heating and air systems (HVAC) and other infrastructure were already in place. Mr. Carmac said there would need to be some modifications and additional HVAC units. Commissioner Haywood said the work done at Elections in the same complex has been well received by citizens. On motion of Allen, seconded by Haywood, the Board voted 5-0 to authorize putting a bid out for a construction project at Northgate Commons for Social Services offices. Consider Vehicle Procurement for the Sheriff’s Office Justin Brubaker, Business Manager, said the Sheriff’s Office plans to purchase 10 Dodge Chargers and 6 Dodge Durango’s through the North Carolina Sheriff’s Association’s (NCSA) Procurement Program. The Procurement Program helps to eliminate duplication of effort through the creation of one statewide bid that can be used by all 100 sheriff’s offices in North Carolina, as well as units of local government and political subdivisions including, but not limited to, county, local county board of public instruction, municipalities and/or police agencies. Ilderton Dodge has been awarded the bid for the 2021-2022 fiscal year. Randolph County Purchasing Policy requires all purchases of $90,001 and above be approved by the Board of Commissioners. The total purchase price for 6 Dodge Durangos and 10 Dodge Chargers comes to $493,458. Funding for these purchases was included in the Sheriff’s 2021-2022 budget. Mr. Brubaker requested the Board approve the vehicle request. 3/7/22 Commissioner Kidd clarified that this request is only for 16 of the 20 requested vehicles in the budget and Mr. Brubaker confirmed. Vice-Chairman Allen asked how quickly the vehicles will be received and outfitted. Major Steven Nunn said the vehicles are available but they need to be outfitted. Manufacturers are facing difficulties getting equipment. On motion of Kidd, seconded by Allen, the Board voted 5-0 to approve the purchase of law enforcement vehicles in the amount of $493,458 from Ilderton Dodge. Consider Abolishment of Current Fire Protection County Service Districts County Attorney Aimee Scotton said several years ago, the Board created County Service Districts for fire protection and first responder, rescue, and emergency services. These districts were created with a fifteen-cent cap on the tax rate in order to mirror the Rural Fire Protection Districts that they were replacing. Recently a few of the fire departments servicing these districts indicated the need to request a tax rate in excess of the fifteen-cent cap. It is expected that others will need to do so in the future. In order to remove the fifteen-cent tax cap, the current districts need to be abolished and replaced with districts that do not have the cap. The abolishment of the current districts is fairly simple. The Board will need to set a public hearing to consider the matter, and at the close of the public hearing, pass a resolution abolishing the district. Notice of the public hearing must be published at least one week before the date of the hearing. The creation of the new uncapped districts is slightly more complicated. If moving forward with this, the Board will be creating a new County Service District for fire protection and for first responder, rescue, and emergency services for each of the requesting districts pursuant to North Carolina General Statute 153A-301(a)(2) and (7). The process for the creation of these districts is found in NCGS 153A-302. She asked them to begin this process for Climax, Guil- Rand, Westside, and Franklinville Fire Districts. First, the Board will need to consider the following for each proposed district: a. the resident or seasonal population and population density of the proposed district; b. the appraised value of property subject to taxation in the proposed district; c. the present tax rates of the County and any cities or special districts in which the district or any portion thereof is located; d. the ability of the proposed district to sustain the additional taxes necessary to provide the services planned for the district; and e. any other matters that the Commissioners believe to have a bearing on whether or not the district should be established. Fire Marshal Erik Beard provided a fact sheet for each district containing the items that are required to be considered. The Board may consider any other item that is deemed relevant to the matter. Once these issues have been considered, the Board may pass the resolutions if the following apply for each respective district: 3/7/22 a. there is a demonstrable need for providing fire protection services in the district. For each of these districts, we have provided the number of calls received during the past year, so that you can see the need; b. it is impossible or impracticable to provide these services on a countywide basis; c. it is economically feasible to provide the proposed services in the district without unreasonable or burdensome tax levies; and d. there is a demonstrable demand for the proposed services by persons residing in the district. The number of calls in the past year is also information that can indicate the demand for these services. The resolutions make certain the findings call for the creation of a report that must be made available for public inspection and set public hearings on the creation of the respective new districts for your meeting on May 2, 2022. The resolutions also set the public hearing for the abolition of the current districts. Notice of the public hearing must be published at least one week before the hearing and must be mailed to property owners within the affected district at least four weeks before the hearings. The resolutions also directs Ms. Scotton to oversee these mailings. If, after consideration of the all items, the Board may pass the resolutions and set the public hearings. A report will be compiled for each proposed district and a public hearing notice will be published and mailed in accordance with state law. On motion of Allen, seconded by Haywood, the Board voted 5-0 to approve the Resolution Making Certain Findings and Calling for a Public Hearing on the Abolishment of the Current Fifteen Cent Capped CLIMAX FIRE PROTECTION COUNTY SERVICE DISTRICT and the Creation of a New Service District Without the Cap, as follows: RESOLUTION MAKING CERTAIN FINDINGS AND CALLING FOR A PUBLIC HEARING ON THE ABOLISHMENT OF THE CURRENT FIFTEEN CENT CAPPED CLIMAX FIRE PROTECTION COUNTY SERVICE DISTRICT AND THE CREATION OF A NEW SERVICE DISTRICT WITHOUT THE CAP WHEREAS, the Climax Fire Protection County Service District was formed under 153A-309.2 for the provision of fire protection services and emergency medical, rescue and ambulance services with a tax rate limitation of fifteen (15) cents per one hundred dollars ($100) valuation, said district hereinafter referred to as the “Capped District”; and WHEREAS, it has become necessary for the fifteen (15) cent cap on the tax rate in the district to be removed; and WHEREAS, North Carolina General Statute 153A-306 allows for the current Capped District to be abolished upon a finding that the need for the district no longer exists and a public hearing on the matter; and WHEREAS, North Carolina General Statute 153A-301 allows a County to establish a county service district for the provision of fire protection services and for the provision of emergency, medical, rescue and ambulance services within the district that has no cap except for the general rule that all tax rates in the district, taken together, cannot exceed one dollar and fifty cents ($1.50) per one hundred dollars ($100) valuation, hereinafter the “Proposed New District”; and 3/7/22 WHEREAS, it has been requested that the Board of County Commissioners abolish the current Capped District and create the Proposed New District, said Proposed New District having the same boundaries and containing the same properties as the current Capped District; and WHEREAS, the Board has considered the current or future need for the Current District to be able to request a tax rate in excess of its current limitation, the population of the Proposed New District, the appraised value of property in the Proposed New District, the present tax rates in effect in the Proposed New District, the ability of the Proposed New District to sustain the taxing of the Proposed New District, the call history of the Proposed New District and other matters that the Board deemed relevant; and WHEREAS, the Board, having considered such matters, makes the following findings: 1. The limitation on the tax rate of the Current District have rendered or will soon render it obsolescent to the provision of fire protection and emergency medical, rescue and ambulance services in the district; and 2. There is a demonstrable need for providing fire protection and emergency medical, rescue and ambulance services in the Proposed New District; and 3. It is impossible or impracticable to provide these services on a countywide basis; and 4. It is economically feasible to provide these services in the Proposed New District without unreasonable or burdensome annual tax levies; and 5. There is a demonstrable demand for fire protection and emergency medical, rescue and ambulance services in the Proposed New District. NOW, THEREFORE, BE IT RESOLVED, that the Board intends to pursue the abolition of the Current District and the creation of the Proposed New District and therefore sets a public hearing on the matter for 6:00 p.m. on May 2, 2022; and BE IT FURTHER RESOLVED that notice of the public hearing shall be published at least one week before the hearing and that notice shall be mailed to the owners of property in the district at least four weeks before the hearing, and the Board directs the Associate County Attorney to oversee and certify the mailing and publication of said notice; and BE IT STILL FURTHER RESOLVED that a report shall be prepared containing a map of the Proposed New District, a statement that the Proposed New District meets the findings contained herein, and a plan for providing fire service to the Proposed New District, said report to be available for public inspection in the Office of the Clerk to the Board at least four weeks before the date of the public hearing referenced above. On motion of Allen, seconded by Haywood, the Board voted 5-0 to approve the Resolution Making Certain Findings and Calling for a Public Hearing on the Abolishment of the Current Fifteen Cent Capped FRANKLINVILLE FIRE PROTECTION COUNTY SERVICE DISTRICT and the Creation of a New Service District Without the Cap, as follows: RESOLUTION MAKING CERTAIN FINDINGS AND CALLING FOR A PUBLIC HEARING ON THE ABOLISHMENT OF THE CURRENT FIFTEEN CENT CAPPED FRANKLINVILLE FIRE PROTECTION COUNTY SERVICE 3/7/22 DISTRICT AND THE CREATION OF A NEW SERVICE DISTRICT WITHOUT THE CAP WHEREAS, the Franklinville Fire Protection County Service District was formed under 153A-309.2 for the provision of fire protection services and emergency medical, rescue and ambulance services with a tax rate limitation of fifteen (15) cents per one hundred dollars ($100) valuation, said district hereinafter referred to as the “Capped District”; and WHEREAS, it has become necessary for the fifteen (15) cent cap on the tax rate in the district to be removed; and WHEREAS, North Carolina General Statute 153A-306 allows for the current Capped District to be abolished upon a finding that the need for the district no longer exists and a public hearing on the matter; and WHEREAS, North Carolina General Statute 153A-301 allows a County to establish a county service district for the provision of fire protection services and for the provision of emergency, medical, rescue and ambulance services within the district that has no cap except for the general rule that all tax rates in the district, taken together, cannot exceed one dollar and fifty cents ($1.50) per one hundred dollars ($100) valuation, hereinafter the “Proposed New District”; and WHEREAS, it has been requested that the Board of County Commissioners abolish the current Capped District and create the Proposed New District, said Proposed New District having the same boundaries and containing the same properties as the current Capped District; and WHEREAS, the Board has considered the current or future need for the Current District to be able to request a tax rate in excess of its current limitation, the population of the Proposed New District, the appraised value of property in the Proposed New District, the present tax rates in effect in the Proposed New District, the ability of the Proposed New District to sustain the taxing of the Proposed New District, the call history of the Proposed New District and other matters that the Board deemed relevant; and WHEREAS, the Board, having considered such matters, makes the following findings: 1. The limitation on the tax rate of the Current District have rendered or will soon render it obsolescent to the provision of fire protection and emergency medical, rescue and ambulance services in the district; and 2. There is a demonstrable need for providing fire protection and emergency medical, rescue and ambulance services in the Proposed New District; and 3. It is impossible or impracticable to provide these services on a countywide basis; and 4. It is economically feasible to provide these services in the Proposed New District without unreasonable or burdensome annual tax levies; and 5. There is a demonstrable demand for fire protection and emergency medical, rescue and ambulance services in the Proposed New District. 3/7/22 NOW, THEREFORE, BE IT RESOLVED, that the Board intends to pursue the abolition of the Current District and the creation of the Proposed New District and therefore sets a public hearing on the matter for 6:00 p.m. on May 2, 2022; and BE IT FURTHER RESOLVED that notice of the public hearing shall be published at least one week before the hearing and that notice shall be mailed to the owners of property in the district at least four weeks before the hearing, and the Board directs the Associate County Attorney to oversee and certify the mailing and publication of said notice; and BE IT STILL FURTHER RESOLVED that a report shall be prepared containing a map of the Proposed New District, a statement that the Proposed New District meets the findings contained herein, and a plan for providing fire service to the Proposed New District, said report to be available for public inspection in the Office of the Clerk to the Board at least four weeks before the date of the public hearing referenced above. On motion of Frye, seconded by Kidd, the Board voted 5-0 to approve the Resolution Making Certain Findings and Calling for a Public Hearing on the Abolishment of the Current Fifteen Cent Capped GUIL-RAND FIRE PROTECTION COUNTY SERVICE DISTRICT and the Creation of a New Service District Without the Cap, as follows: RESOLUTION MAKING CERTAIN FINDINGS AND CALLING FOR A PUBLIC HEARING ON THE ABOLISHMENT OF THE CURRENT FIFTEEN CENT CAPPED GUIL-RAND FIRE PROTECTION COUNTY SERVICE DISTRICT AND THE CREATION OF A NEW SERVICE DISTRICT WITHOUT THE CAP WHEREAS, the Guil-Rand Fire Protection County Service District was formed under 153A-309.2 for the provision of fire protection services and emergency medical, rescue and ambulance services with a tax rate limitation of fifteen (15) cents per one hundred dollars ($100) valuation, said district hereinafter referred to as the “Capped District”; and WHEREAS, it has become necessary for the fifteen (15) cent cap on the tax rate in the district to be removed; and WHEREAS, North Carolina General Statute 153A-306 allows for the current Capped District to be abolished upon a finding that the need for the district no longer exists and a public hearing on the matter; and WHEREAS, North Carolina General Statute 153A-301 allows a County to establish a county service district for the provision of fire protection services and for the provision of emergency, medical, rescue and ambulance services within the district that has no cap except for the general rule that all tax rates in the district, taken together, cannot exceed one dollar and fifty cents ($1.50) per one hundred dollars ($100) valuation, hereinafter the “Proposed New District”; and WHEREAS, it has been requested that the Board of County Commissioners abolish the current Capped District and create the Proposed New District, said Proposed New District having the same boundaries and containing the same properties as the current Capped District; and WHEREAS, the Board has considered the current or future need for the Current District to be able to request a tax rate in excess of its current limitation, the population 3/7/22 of the Proposed New District, the appraised value of property in the Proposed New District, the present tax rates in effect in the Proposed New District, the ability of the Proposed New District to sustain the taxing of the Proposed New District, the call history of the Proposed New District and other matters that the Board deemed relevant; and WHEREAS, the Board, having considered such matters, makes the following findings: 1. The limitation on the tax rate of the Current District have rendered or will soon render it obsolescent to the provision of fire protection and emergency medical, rescue and ambulance services in the district; and 2. There is a demonstrable need for providing fire protection and emergency medical, rescue and ambulance services in the Proposed New District; and 3. It is impossible or impracticable to provide these services on a countywide basis; and 4. It is economically feasible to provide these services in the Proposed New District without unreasonable or burdensome annual tax levies; and 5. There is a demonstrable demand for fire protection and emergency medical, rescue and ambulance services in the Proposed New District. NOW, THEREFORE, BE IT RESOLVED, that the Board intends to pursue the abolition of the Current District and the creation of the Proposed New District and therefore sets a public hearing on the matter for 6:00 p.m. on May 2, 2022; and BE IT FURTHER RESOLVED that notice of the public hearing shall be published at least one week before the hearing and that notice shall be mailed to the owners of property in the district at least four weeks before the hearing, and the Board directs the Associate County Attorney to oversee and certify the mailing and publication of said notice; and BE IT STILL FURTHER RESOLVED that a report shall be prepared containing a map of the Proposed New District, a statement that the Proposed New District meets the findings contained herein, and a plan for providing fire service to the Proposed New District, said report to be available for public inspection in the Office of the Clerk to the Board at least four weeks before the date of the public hearing referenced above. On motion of Haywood, seconded by Allen, the Board voted 5-0 to approve the Resolution Making Certain Findings and Calling for a Public Hearing on the Abolishment of the Current Fifteen Cent Capped WESTSIDE FIRE PROTECTION COUNTY SERVICE DISTRICT and the Creation of a New Service District Without the Cap, as follows: RESOLUTION MAKING CERTAIN FINDINGS AND CALLING FOR A PUBLIC HEARING ON THE ABOLISHMENT OF THE CURRENT FIFTEEN CENT CAPPED WESTSIDE FIRE PROTECTION COUNTY SERVICE DISTRICT AND THE CREATION OF A NEW SERVICE DISTRICT WITHOUT THE CAP WHEREAS, the Westside Fire Protection County Service District was formed under 153A-309.2 for the provision of fire protection services and emergency medical, 3/7/22 rescue and ambulance services with a tax rate limitation of fifteen (15) cents per one hundred dollars ($100) valuation, said district hereinafter referred to as the “Capped District”; and WHEREAS, it has become necessary for the fifteen (15) cent cap on the tax rate in the district to be removed; and WHEREAS, North Carolina General Statute 153A-306 allows for the current Capped District to be abolished upon a finding that the need for the district no longer exists and a public hearing on the matter; and WHEREAS, North Carolina General Statute 153A-301 allows a County to establish a county service district for the provision of fire protection services and for the provision of emergency, medical, rescue and ambulance services within the district that has no cap except for the general rule that all tax rates in the district, taken together, cannot exceed one dollar and fifty cents ($1.50) per one hundred dollars ($100) valuation, hereinafter the “Proposed New District”; and WHEREAS, it has been requested that the Board of County Commissioners abolish the current Capped District and create the Proposed New District, said Proposed New District having the same boundaries and containing the same properties as the current Capped District; and WHEREAS, the Board has considered the current or future need for the Current District to be able to request a tax rate in excess of its current limitation, the population of the Proposed New District, the appraised value of property in the Proposed New District, the present tax rates in effect in the Proposed New District, the ability of the Proposed New District to sustain the taxing of the Proposed New District, the call history of the Proposed New District and other matters that the Board deemed relevant; and WHEREAS, the Board, having considered such matters, makes the following findings: 1. The limitation on the tax rate of the Current District have rendered or will soon render it obsolescent to the provision of fire protection and emergency medical, rescue and ambulance services in the district; and 2. There is a demonstrable need for providing fire protection and emergency medical, rescue and ambulance services in the Proposed New District; and 3. It is impossible or impracticable to provide these services on a countywide basis; and 4. It is economically feasible to provide these services in the Proposed New District without unreasonable or burdensome annual tax levies; and 5. There is a demonstrable demand for fire protection and emergency medical, rescue and ambulance services in the Proposed New District. NOW, THEREFORE, BE IT RESOLVED, that the Board intends to pursue the abolition of the Current District and the creation of the Proposed New District and therefore sets a public hearing on the matter for 6:00 p.m. on May 2, 2022; and BE IT FURTHER RESOLVED that notice of the public hearing shall be published at least one week before the hearing and that notice shall be mailed to the owners of property in the district at least four weeks before the hearing, and the Board 3/7/22 directs the Associate County Attorney to oversee and certify the mailing and publication of said notice; and BE IT STILL FURTHER RESOLVED that a report shall be prepared containing a map of the Proposed New District, a statement that the Proposed New District meets the findings contained herein, and a plan for providing fire service to the Proposed New District, said report to be available for public inspection in the Office of the Clerk to the Board at least four weeks before the date of the public hearing referenced above. Fire Plans Examiner Position Fire Marshal Erik Beard requested the Board’s approval for one (1) new Fire Plans Examiner position. At the planning retreat in February, Mr. Beard had discussed how new construction has continued to steadily increase over the past several years. Because of the steady increase, coupled with the new Megasite construction, he is requesting to add this position to concentrate primarily on plan reviews and permitting. This will free up the other three fire inspectors to focus on routine inspections and fire investigations. The Fire Plans Examiner will conduct all new construction plans review, conduct consultations with contractors, issue required permits, conduct the multiple site visits as required, provide on- going inspections and monitoring throughout the construction phases, and provide final inspections for occupancy approval. Mr. Beard proposed that the new position start April 1, 2022, so that Fire Inspections may stay ahead of the Megasite projects. Cost, including benefits, for the remainder of FY2021-22 will be $21,249. After discussing this with the director of Human Resources, the classification grade will remain at Grade 120 like Fire Inspector III. Salary for one full year is $61,113. Including benefits, it will be $84,995. Mr. Beard asked the Board to: 1. Add the Fire Plans Examiner position and job description to the classification plan 2. Approve the position to begin April 1, 2022 3. Approve the Budget Amendment for the amount of $21,249 for the remainder of the FY2021-22 budget On motion of Haywood, seconded by McDowell, the Board voted 5-0 to add a Fire Plans Examiner position to the Classification Plan at Grade 120, approve the position to start on April 1, 2022, and approve the Budget Amendment for $21,249 for the remainder of the FY 2021-22 budget, as follows: 2021-2022 Budget Ordinance General Fund—Budget Amendment #41 Revenues Increase Decrease Sales and Services $21,249 Appropriations Increase Decrease Emergency Services $21,249 3/7/22 Strategic Planning Funding Allocations County Manager Hal Johnson said the 2016 Randolph County Strategic Planning process was a countywide effort to identify long-term strategic issues impacting Randolph County’s public health, safety, and well-being. Major social, economic, and other forces are at work shaping what Randolph County and its communities are like in the 21st century. Recognizing the need to plan for future challenges, the Randolph County Board of Commissioners (the Board) asked that a process be developed that would help identify and focus on long-term issues. The Board selected the issues of the public’s health, safety, and well-being.in their belief that the purpose of all decisions made by a board is to protect citizens in these areas. Although the goals and strategies embodied in the 2016 Randolph County Strategic Plan are not binding upon the County or its municipalities, the Board approved a specific revenue source that could be used toward implementation of some of the strategic objectives. The revenue source is the yearly payment to Randolph County from Waste Management Inc. for the use of county lands to operate one of North Carolina’s most modern regional landfills, the Great Oak Landfill. Since 2017, the Board has used available funds to establish programs and proposals that helped support goals and strategies identified during the planning process. All project requests asking for funding consideration on tonight’s agenda are consistent with the goals and strategies identified by the 2016 Randolph County Strategic Planning process and continue the Commissioners’ intent that funding should be directed toward projects that impact all areas of our Randolph County community. Support for the following projects have been requested by State Senator Dave Craven with funding provided by the State: 1. RhinoLeap Productions $12,500 2. Seagrove Area Potters Assn $25,000 3. VOB Initiative for Change $2,500 4. Uwharrie Youth Sportsman Assn $20,000 5. SerCo of Archdale/Trinity $20,000 6. NC Aviation Museum $20,000 Funding for the following projects would be provided by existing County Strategic Planning funds: 7. City of Archdale $75,000 8. Soil & Water $40,000 9. Keaton’s Place $156,315 On motion of Haywood, seconded by Allen, the Board voted 5-0 to approve funding as presented using Strategic Planning Funds for RhinoLeap Productions, Seagrove Area Potters Assn, VOB Initiative for Change Youth Programs, Uwharrie Youth Sportsman Assn, SerCo of Archdale/Trinity, NC Aviation Museum, City of Archdale, and Randolph County Soil & Water. 3/7/22 Chairman Frye said that Commissioner McDowell sits on the Keaton’s Place board and due to new legislation will have to recuse himself. Commissioner McDowell said Keaton’s Place needs a vehicle in order to provide transportation services. On motion of McDowell, seconded by Kidd, the Board voted 4-0, with McDowell abstaining, to allow Maxton McDowell to recuse himself from voting on funding for Keaton’s Place. On motion of Kidd, seconded by Haywood, the Board voted 4-0, with McDowell recused, to approve funding as presented using Strategic Planning Funds for Keaton’s Place. 2021-2022 Budget Ordinance General Fund—Budget Amendment #42 Revenues Increase Decrease Transfer from Well-Being Reserve $371,315 Appropriations Increase Decrease Other Economic and Physical Development $65,000 Other Human Services $176,315 Other Cultural and Recreational Appropriations $130,000 Broadband Expansion Partnership Agreement County Manager Hal Johnson said the final rules established by the Treasury Department concerning use of American Rescue Plan Act (ARPA) Fiscal Recovery Funds broadens eligible high-speed broadband infrastructure investments that will help ensure better connectivity for residents. The rules give counties broad flexibility to define need in a community and are specific in defining the high-speed technical standards that must be met by the providers of new internet projects. The ARPA goal is to help grow rural economies with improved access to technology and reliable broadband connection. The State has established a special grant program called the GREAT Grant (Growing Rural Economies with Access to Technology). This grant is provided through the N.C. Department of Information Technology. N.C. GREAT is a competitive grant program that provides funding opportunities for private sector broadband providers to deploy broadband infrastructure to unserved areas. Randolph Communications is seeking a partnership with Randolph County to apply for a GREAT Grant that will enable them to extend their footprint to provide more citizens in rural Randolph County with quality high-speed internet. Randolph Communications is proposing fiber- to-the-home which will meet standards for broadband internet. Total cost of the proposed project would be $3,811,102. Randolph Communications is asking that the County provide a 15% match up to $300,000, with 100% ARPA Funds. Randolph Communications will provide a 15% match of the same amount. County ARPA funds would only be obligated should Randolph Communications receive a funding award through the NC GREAT Grant program. Attached is the proposed N.C. GREAT 3/7/22 Grant Partnership Agreement between Randolph Communications and Randolph County (Attachment B following these minutes) and the related budget amendment, for Board consideration. Commissioner Haywood asked how accountability will be handled during broadband partnerships. Kenny Sherin, Cooperative Extension Director, said this is a State grant and partners will have to provide adequate documentation and justification that the areas they want to spend money on are qualifying areas. On motion of McDowell, seconded by Allen, the Board voted 5-0 to partner with Randolph Communications on a NC GREAT Grant for extending broadband service to underserved areas as presented. Commissioner Kidd asked if these funds would qualify as restricted or unrestricted funds. Mr. Massie said they would qualify as restricted. American Recovery Plan Act Funds Will Massie, Assistant County Manager/Finance Officer, said the Board of County Commissioners has discussed several programs that would be good choices for the use of federal American Rescue Plan Act (ARPA) funds including: Food Insecurity $219,000 Digital Literacy $265,050 Rehire TDA Personnel $400,000 The County has both federal and state authority to pursue these programs. Mr. Massie asked if the Board would like to proceed with these programs with ARPA funding, please a) approve the project authorizations and b) make the following budget amendment to the Coronavirus Recovery Grant: Project Fund. In addition, he asked the Board to adopt a resolution to authorize the County Manager to adopt the policies and procedures necessary to comply with federal and state rules and regulations. On motion of Allen, seconded by Kidd, the Board voted 5-0 to 1) approve American Rescue Plan (ARPA) projects as presented, 2) approve the project authorizations, 3) approve the associated Budget Amendment, and 4) approve the Resolution Authorizing the County Manager to Approve and Adopt the Policies and Procedures Necessary to the Expenditure of Funds Received Pursuant to ARPA, as follows: RESOLUTION AUTHORIZING THE COUNTY MANAGER TO APPROVE AND ADOPT POLICIES AND PROCEDURES NECESSARY TO THE EXPENDITURE OF FUNDS RECEIVED PURSUANT TO THE AMERICAN RESCUE PLAN WHEREAS, Randolph County has received, either as a recipient or subrecipient, a payment from the Coronavirus State and Local Fiscal Recovery Funds (“the Fiscal Recovery Funds”) established pursuant to Sections 602 and 603, respectively, of the Social Security Act, as added by Section 9901 of the American Rescue Plan of 2021, Pub. L. No. 117-2 (“ARPA”); and 3/7/22 WHEREAS, in using such funds, Randolph County must comply with the terms of ARPA, regulations issued by the U.S. Department of Treasury governing the expenditure of monies distributed from the Fiscal Recovery Funds, including, without limitation, the Interim Final Rule (86 Fed. Reg. 26, 786) and Final Rule (87 Fed. Reg. 4,338), the Award Terms and Conditions applicable to the Fiscal Recovery Funds, and such other guidance as the U.S. Department of Treasury has issued or may issue governing the expenditure of monies distributed from the Fiscal Recovery Funds (collectively, the “Regulatory Requirements”); and WHEREAS, pursuant to the Regulatory Requirements, Randolph County must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200 (the “Uniform Guidance”), other than such provisions as Treasury has determined or may determine are inapplicable to the Fiscal Recovery Funds; and WHEREAS, in order to ensure that Randolph County is and remains in compliance with the Regulatory Requirements and the Uniform Guidance in its expenditure of the Fiscal Recovery Funds, it is necessary for Randolph County to adopt a number of policies and procedures governing transactions involving the Fiscal Recovery Funds; NOW, THEREFORE, BE IT RESOLVED, that the Randolph County Board of Commissioners does hereby authorize the County Manager to approve, adopt or amend such policies and procedures as he may deem necessary to the legal and efficient administration of the Fiscal Recovery Funds, including, but not limited to the following: • General Financial Management and Internal Controls Policy • Eligible Projects Policy • Cost Principles/Allowable Costs Policy • Human Resources/Effort Certification Policy • Nondiscrimination Policy • Conflict of Interest Policy • Records Retention Policy • Procurement, Suspension and Debarment Policy • Subaward Policy • Program Income Policy • Property Management Policy Coronavirus Recovery Grant Project Ordinance Amendment #2 Revenues Increase Decrease - Appropriations Increase Decrease Food Programs $219,000 Internet Access Programs $265,050 Rehiring Public Sector Staff $400,000 Contingency $884,050 3/7/22 Waste Water Design for I-74 Industrial Site County Engineer Paxton Arthurs said Randolph County Economic Development Corporation (EDC) is promoting an industrial site in the outskirts of the City of Randleman. This site consists of approximately 160 acres and is in the vicinity of Wall Brothers Road. The proposed development has been evaluated as part of Duke Energy’s Site Readiness Program, and preliminary engineering studies have been completed by Hiram Marziano for providing water and sewer. While the City of Randleman has agreed to provide water to the site, they have proposed for the sewer to be provided by the City of Asheboro, and have asked the County to control the design and building of the system. On December 15, 2021, proposals were received from 3 engineering firms for the design of the wastewater system to Asheboro. These firms were McGill, Thomas & Hutton, and The Wooten Company. Based on their extensive experience with water and sewer systems in Randolph County, The Wooten Company was selected and asked to provide a proposal for the design, bidding, and construction administration of this system. John Grey with The Wooten Company has provided a proposal and contract for these professional engineering services for a fee of $540,450. Mr. Arthurs asked the Board to: - Award a contract to The Wooten Company for design, bidding, and construction administration of the I-74 Industrial Site at a cost of $540,450, and authorize the County Manager to sign the contract. - Approve the associated Budget Amendment in the amount of $540,450 to initiate the project using ARPA funds. On motion of Haywood, seconded by McDowell, the Board voted 5-0 to 1) award a contract to The Wooten Company for design, bidding, and construction administration of the I-74 Industrial Site at a cost of $540,450, 2) authorize the County Manager to sign the contract, 3) approve the ARPA project authorization, and 4) approve the associated Budget Amendment funds, as follows: Coronavirus Recovery Grant Project Ordinance Amendment #3 Revenues Increase Decrease - Appropriations Increase Decrease I-74 Sewer Line $540,450 Contingency $540,450 Consider County Funded Projects and Associated Budget Amendments Mr. Massie said the Board of County Commissioners has discussed two projects that could be funded with available County reserves. These include: Town of Seagrove - Historic Luck’s Cannery $500,000 Deep River Trail Capital Project $1,000,000 3/7/22 On motion of McDowell, seconded by Haywood, the Board voted 5-0 to approve the Budget and Project Ordinance Amendments for the Historic Luck’s Cannery project through the Town of Seagrove and the Deep River Trail Capital Project using transfers from the General Fund, as follows: 2021-2022 Budget Ordinance General Fund—Budget Amendment #43 Revenues Increase Decrease Appropriated Fund Balance $1,500,000 Appropriations Increase Decrease Other Economic Development $500,000 Transfer to Deep River Trail Project $1,000,000 Deep River Trail Capital Project Ordinance Amendment #1 Revenues Increase Decrease Transfer from General Fund $1,000,000 Appropriations Increase Decrease Professional Fees $100,000 Construction $900,000 Mr. Massie said in February 2020, the Board authorized the courthouse renovation project. In order to account for all costs related to the project, a multi-year capital project fund was established, separate from the General Fund. G.S. 159-13.2 states “a project ordinance authorizes all appropriations necessary for the completion of the project and neither it nor any part of it need be readopted in any subsequent fiscal year”. This project is being funded with county reserves dedicated for capital. The General Fund transfer of the initial $2,000,000 to fund the project occurred in FY20 and FY21. In February, final contingency amounts were moved to cover certain project costs. However, additional costs will be incurred to complete the front desk area. In addition, the amount of sales tax refunds for the project will be less than anticipated. Accordingly, a budget amendment is needed to update the total project cost to $2,251,129, an increase of $9,500. It was anticipated the final $200,000 would be transferred from the General Fund in FY22. Now the additional $36,729 to cover the additional costs has been added too. Please approve the budget amendments provided to update the project. On motion of Allen, seconded by McDowell, the Board voted 5-0 to approve the Budget Amendment for the Courthouse Renovation project, as follows: 2021-2022 Budget Ordinance General Fund—Budget Amendment #44 3/7/22 Revenues Increase Decrease Appropriated Fund Balance $236,729 Appropriations Increase Decrease Transfer to Courthouse Renovation $100,000 Capital Project Courthouse Renovation Capital Project Ordinance Amendment #3 Revenues Increase Decrease Sales Tax Refund $32,229 Interest Income $5,000 Transfer from General Fund $36,729 Appropriations Increase Decrease Professional Services $12,000 Furniture and Equipment $6,500 Construction $15,000 Consider Approval of 2022 Audit Contract Federal and state laws require a local government’s annual audit to encompass testing of both financial statements and legal compliance, thus making it a specialized service. The County has historically maintained a lasting relationship with its independent audit firm, resulting in better service and a more efficient audit. However, the last time the County’s audit was competitively bid was for the 2004-05 fiscal year. Based on current federal requirements, it was time to formally procure audit services. We requested audit proposals from qualified CPA firms for a three-year term. We only received a proposal from our current audit firm, Cherry Bekaert, LLP. Its proposal was expected to rise due to market conditions, as well as compliance testing on ARPA funds: County Audit Services 2020-2021 2021-2022 2022-2023 2023-2024 Cost for Firm additional (contract) (contract) (estimated) (estimated) compliance programs County $76,400 $ 99,500 $ 100,200 $ 105,200 $5,000 Tourism Dev. $4,650 $ 5,250 $ 5,500 $ 5,700 Authority To meet requirements for a federal and state Single Audit, there are contingent fees if they must audit more than seven major programs ($5,000 for each additional program). 3/7/22 Mr. Massie recommended the Board authorize the Chairman to sign the contract with Cherry Bekaert LLP for the audit of the fiscal year ended June 30, 2022. The other two years will be contracted annually. On motion of McDowell, seconded by Allen, the Board voted 5-0 to award the Audit Contract to Cherry Bekaert LLP and authorize the Chairman to sign the contract. County Manager’s Update Mr. Johnson reminded the Board about a joint public hearing with the City of Asheboro on nd March 22 at 6:00 p.m. Commissioners Update Vice-Chairman Allen said at some point the Board might consider a resolution of support for an interchange off of 421 near the Megasite in order to better serve the area. Adjournment At 8:50 p.m. on motion of Allen, seconded by Haywood, the Board voted 5-0 to adjourn. ________________________________ ________________________________ Darrell Frye, Chairman David Allen ________________________________ _________________________________ Kenny Kidd Maxton McDowell ________________________________ _________________________________ Hope Haywood Sarah Pack, Deputy Clerk to the Board 3/7/22