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060523June 5, 2023 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, Clerk to the Board Dana Crisco, and Deputy Clerk to the Board Jenny Parks. 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 Elizabeth Mitchell, Chief Professional Officer of United Way of Randolph County, introduced the following nominators to recognize the 2023 Governor's Volunteer Service Awards: • Desiree Trogdon, Habitat for Humanity Volunteer Coordinator, recognized Roy Barr. • Amy Rudisill, Membership and Events Director of the Asheboro/Randolph Chamber of Commerce, recognized Dawn Morton. • Paula Owens, Communities in Schools Executive Director, recognized Tom Holtham. • Jill Jackson, Director of Marketing and Community Engagement for the Senior Adults Association, recognized Larry Reid. • Ms. Mitchell recognized Julianna Soto, who was unable to attend tonight. Ms. Mitchell encouraged everyone to volunteer and thanked the Board for allowing these awards to be presented during tonight's meeting. 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. Carl Hicks, 744 Ivy Creek Drive, Randleman, NC, said he attended the Opioid Meeting for faith leaders that was held on May 22, 2023. His pastor encouraged him to attend and found the program very informative. He saw there was a lot of opposition in the harm reduction program, but feels it would be a good plan to try for our county. He said it is not a perfect program, but we have a major epidemic in our county with drug misuse. Something needs to be done and he feels the community can build on this program. Something needs to be done about the spread of diseases. He wants to see the faith community volunteer in programs such as this to assist with the epidemic to spread the gospel along with harm reduction programs. He wants to see people in our county help. He thinks we need to partner faith -based programs with these harm reduction programs and have them work together. Nancy Hoskins, 9455 South Church Street, Apartment 203, Asheboro, NC, read a resolution from Saint Luke United Methodist Church regarding the monument being moved. (This resolution will become a part of these minutes as Attachment A.) She would like to see the statue moved to a more appropriate location as soon as possible. 6/5/23 Dwain Roberts, 4654 Rainbow Trail, Ramseur, NC, read scripture regarding comments from previous meeting he had made. He believes the monument should be left where it is and he thanked the Board for voting to leaving it where it stands now. Judy Saunders, 1402 E. Allred Street, Asheboro, NC, thanked all of the volunteers that were recognized and all of those that were not. She comes from a family of military volunteers who fought for the peace and the freedom of all. She believes the monument is beautiful, but feels it should be moved. She also feels that is does not deserve the $37,000 fence that the tax payers paid for. Joe Millikan, 1788 Naomi Road, Randleman, NC, spoke on the North East Growth Management Plan. He has talked to Commissioner Haywood regarding this item. He worked with the previous Planning and Zoning Director about rezoning his land from rural growth to single family. He said that the Planning and Zoning Department told him they had never changed a tract of land that small in rural growth. He hopes the County will take this into consideration with the new growth management plan. He shared a map with the Board for information that outlined his property. Clyde Foust, 3746 Midway Acres Road, Asheboro, NC, thanked the Board for the opportunity for a Juneteenth memorial to be held at the Old Historic Courthouse next month. A memorial has been created to honor slaves that were in Randolph County which lists their names, dates they were sold, and how much they were sold for. He invited the Board to come to the unveiling on June 15, 2023, at 9:00 a.m. He also invited the Board to attend the Juneteenth event, which will include a march, beginning at 3:00 p.m. He said that this event is something that could not have been possible without the support and permission of the Board, and he thanked the Board for this opportunity. Todd Nance, 106 Evans Trail, Randleman, NC, thanked the Board for allowing him to speak. He attended the Opioid Meeting that was held on May 22, 2023 for the faith -based community. He is a pastor of Parks Crossroads Christian Church in Ramseur and has been a native of Randolph County all of his life. He agrees that we are in an epidemic of opioid abuse in Randolph County. He stated there are 2 faith -based programs in Randolph County that he is aware of and he has learned about three other options that are available as well. He said that the pastors are taking this epidemic seriously and the meeting on May 22nd was a wakeup call for him personally. He is not convinced that the harm reduction program is the best solution. He asked the Board to give the pastors in Randolph County some time to come together to work on a faith -based initiative. He knows harm reduction is very tempting due to there being clear metrics and clear statistics with the successes, but feels that it may not be the best option. Chairman Frye stated that the Opioid Funding Item is not on the agenda tonight due to faith -based specific reasons, but will more than likely be on the July agenda. More time is being allowed to seek other information regarding opioid use including an Opioid Summit Conference this week in Durham that several of the Board members will be attending. Consent Agenda On motion of McDowell, seconded by Allen, the Board voted 5-0 to approve the Consent Agenda, as amended, as follows: • approve Board of Commissioners Regular Meeting Minutes ofMay 1, 2023; 6/5/23 • appoint LaTonya Smith and Reappoint Karen Martin, Rhonda Moffitt, and William Neely to the Randolph County Aging Services Planning Committee; • appoint Gayle Higgs and reappoint Edwina Ashworth, Tammy Bennett, Leah Burnette, Wendy Kenno, Sarah Lanier, Greg Patton and Jonathan Sermon to the Randolph County Juvenile Crime Prevention Council; • appoint Lydia Walton, Kevin Franklin, and Elbert Lassiter to the Piedmont Triad Regional Workforce Development Board; • reappoint Beverly Nelson to the Randolph County Jury Commission; • reappoint Jane Gerringer to the Randolph County Nursing Home Care Community Committee; • approve Budget Amendment 2023 Timber Receipts ($13,015), as follows: 2022-2023 Budget Ordinance General Fund—Budget Amendment #88 Revenues Increase Decrease Restricted Intergovernmental $13,015 Appropriations Increase Decrease Education $13,015 • approve Budget Amendment TDA ($10,000), as follows: 2022-2023 Budget Ordinance General Fund—Budget Amendment # 89 Revenues Increase Decrease Restricted Intergovernmental $22,573 Appropriations Increase Decrease Marketing $10,000 Tourism Related Projects $10,000 • approve Budget Amendment JCPC ($22, 572), as follows: 2022-2023 Budget Ordinance General Fund—Budget Amendment #90 Revenues Increase Decrease Restricted Intergovernmental $22,573 Appropriations Increase Decrease Juvenile Day Reporting Center $22,573 • appoint Amy Struble to the Randolph County Tourism Development Authority; • approve amended ETWI Scope of Work; • approve Budget Amendment Veterans Services ($700), as. follows: 2022-2023 Budget Ordinance General Fund—Budget Amendment #91 Revenues Increase Decrease Miscellaneous Revenues $700 Appropriations Increase Decrease 6/5/23 Veteran Services 1 $700 • approve Budget Amendment Building Inspections ($391,000), as follows: 2022-2023 Budget Ordinance General Fund—Budget Amendment #92 Revenues Increase Decrease Permits and Fees $391,000 Appropriations Increase Decrease Building Inspections $391,000 • approve change order for door hardware for the Public Health Renovation ($147,055); • approve Budget Amendment Public Works Scrap Tire Tax ($19,100), as follows: 2022-2023 Budget Ordinance General Fund—Budget Amendment #93 Revenues Increase Decrease Other Taxes $19,100 Appropriations Increase Decrease Public Works $19,100 • approve resolution for Opioid Settlement Funding as follows: A RESOLUTION BY THE COUNTY OF RANDOLPH TO DIRECT THE EXPENDITURE OF OPIOID SETTLEMENT FUNDS WHEREAS Randolph County has joined national settlement agreements with companies engaged in the manufacturing, distribution, and dispensing of opioids, including settlements with drug distributors Cardinal, McKesson, and AmerisourceBergen, and the drug maker Johnson & Johnson and its subsidiary Janssen Pharmaceuticals; WHEREAS the allocation, use, and reporting of funds stemming from these national settlement agreements and certain bankruptcy resolutions ("Opioid Settlement Funds ') are governed by the Memorandum of Agreement Between the State of North Carolina and Local Governments on Proceeds Relating to the Settlement of Opioid Litigation ("MOA'); WHEREAS Randolph County has received Opioid Settlement Funds pursuant to these national settlement agreements and deposited the Opioid Settlement Funds in a separate special revenue fund as required by section D of the MOA; WHEREAS section E. 6 of the MOA states: E.6. Process or drawing kom special revenue unds. a. Budget item or resolution required. Opioid Settlement Funds can be used for a purpose when the Governing Body includes in its budget or passes a separate resolution authorizing the expenditure of a stated amount of Opioid Settlement Funds for that purpose or those purposes during a specified period of time. b. Budget item or resolution details. The budget or resolution should (i) indicate that it is an authorization for expenditure of opioid settlement 6/5/23 funds; (ii) state the specific strategy or strategies the county or municipality intends to fund pursuant to Option A or Option B, using the item letter and/or number in Exhibit A or Exhibit B to identify each funded strategy, and (iii) state the amount dedicated to each strategy for a stated period of time. NOW, THEREFORE BE IT RESOLVED, in alignment with the NC MOA, Randolph County authorizes the expenditure of opioid settlement funds as follows: 1. Strategy authorized a. Name ofstrategy: Collaborative strategic planning. b. Strategy is included in Exhibit c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: "Strategy I " d. Amount authorized for this strategy: $300, 000 e. Period of time during which expenditure may take place: Start date May 1, 2023 through End date June 30, 2026. f. Description of the program, project, or activity: Randolph County Government will support collaborative strategic planning to address opioid misuse, addiction, overdose, or related issues, including staff support, facilitation services, or any activity or combination of activities listed in Exhibit C to the MOA (collaborative strategic planning). g. Provider: Randolph County Government The total dollar amount of Opioid Settlement Funds appropriated across the above named and authorized strategies is $300, 000; approve JCPC Certification; approve Budget Amendment #14 Asheboro High School Capital Project as. follows: Asheboro City Schools Capital Project Ordinance Budget Amendment #14 Revenues Increase Decrease Investment Earnin s $250,000 Sales Tax Refund $6,000 A ro riations Increase Decrease Modular Classroom Lease $52,698 Miscellaneous $462,023 Professional Services $31,786 Furniture and Equipment $200,000 Construction $497,111 Sandhills Center Annual Update Victoria Whitt, Chief Executive Officer of the Sandhills Center, reported she will be retiring the last day of this month. She thanked the Board for their support of the Sandhills Center over the past 43 years. Chairman Frye thanked her for all of her years of service. 6/5/23 Ms. Whitt introduced Anthony Ward, Deputy Director, who has been named the new CEO of the Sandhills Center and will become effective July 1, 2023. Mr. Ward introduced himself and thanked the Board for their support. He has worked with Ms. Whitt for many years and he is a native of Asheboro. Chairman Frye said the funding request for the Sandhills Center is the same as it was 19 years ago. They are the only agency that has not increased their request. Chairman Frye thanked Mr. Ward personally for helping his family during a personal experience and he appreciates everything he did for them. Ms. Whitt presented the Sandhills Center County General Funding Request in the amount of $844,000. These funds will stay in Randolph County for the FY2023-24 budget and will go to the support of those who do not have Medicaid, Medicare, nor third party reimbursements. Without the funds from Randolph County it would be very difficult to serve the needs of those folks who are uninsured. She said Sandhills appreciates the funds approved for them in the past and hopes the Board will consider this request for the upcoming budget. Ms. Whitt thanked the Board for the three appointments that they have made to the Sandhills Center Board. Those members are Vice -Chairman David Allen, Mike Ayers, and Ann Shaw. Ms. Whitt thanked the Board for allowing the Sandhills Center Board to meet at the Randolph County Governmental Center. Ms. Whitt gave an update on the new Sandhills Center building that is being constructed on New Century Drive in Asheboro. They are hopeful that it will be complete by July 2023. They are having some issues with the HVAC system and supply chain issues, but hopefully those issues will be resolved soon. Mr. Ward gave the Sandhills Center's 2022 Annual Report. Vice -Chairman Allen thanked Ms. Whitt for the training he received when he became a member of the Sandhills Board. Not all boards offer training to their board members. He thanked Ms. Whitt for all she has done and is thankful Mr. Ward will be the new CEO. He looks forward to working with Mr. Ward and Sandhills in the future. Mediko Contract Update Major Phillip Cheek presented the Medico Contract Update for the Detention Center. He stated Mediko has increased the Average Daily Population (ADP) from 275 to a cap of 300, these changes are noted in the contract amendment. Mediko has agreed to keep the contract the same for the new budget year, keeping the jail population under 300. If the Detention Center exceeds 300 inmates, Mediko will be required to hire additional personnel and will incur additional costs and expenses to provide the same level of services to such increased inmate population. If the ADP exceeds 315 inmates for two consecutive months, Mediko and the County shall negotiate an increased amount of compensation for the remainder of the term. This considers the additional personnel and other costs incurred by Mediko in connection with providing services to such increased inmate population. If 6/5/23 both parties are unable to agree on an increased amount of compensation within 15 days, either parry may terminate the contract upon 30 days of written notice to the other parry. Major Cheek said that Mediko has agreed to keep the contact amount the same as was presented in May 2023 for the FY2023-24 Budget. Mediko will obtain an additional LPN to help manage the additional inmate ADP. Although the beds will increase to 422 inmates with the jail expansion, they do not have the staff to effectively supervise additional inmates. Their intentions are to keep the population down by continuing to work with the District Attorney's Office to release low-level offenders and use the electronic house arrest programs, as well as find long term community drug treatment programs in conjunction with the MAT program, and transporting defendants out of jail as efficiently as possible. Their goal is to keep the inmate population under 280. Major Cheek apologized for any confusion that may have been created and he thanked the Board for allowing the Sheriff's Office the opportunity to clarify any concerns about the ADP. Chairman Frye stated that the wish of the Board would be for this contract be put out for bid next year. Chairman Frye said that the expansion of the Detention Center was not only to add numbers, but for the separation of inmates as well for safety reasons. Major Cheek said that was correct, safety and security are most important. Commissioner Haywood said safety, security and meeting the health needs of the inmates reduces liability. American Healthcare Debt Service Waiver Consideration Will Massie, Assistant County Manager/Finance Director, stated in 2022, Randolph County received the $12 million Rural Healthcare Stabilization Program Loan from UNC Health, to be used to finance Capital improvements at Randolph Health. American Healthcare Systems, LLC (AHS) operates Randolph Health, and signed a Promissory Note and Loan Agreement with the County in order to access these funds. Their debt service was to be the same annual amounts as the County's payment schedule to UNC Health. The intent of this arrangement was for the County to waive the debt service obligation for the year as long as the hospital maintained a certain level of operations, as well as other covenants. As long as AHS was not in default of any of the contractual provisions, then "all outstanding principal and interest due on such date shall be forgiven by the County as of such date..." The Board of County Commissioners will need to annually assess the performance of American Healthcare Systems, LLC and determine that the May debt service payment of $1 million plus interest at 1% due from AHS shall be waived. If the Board of County Commissioners find that AHS has complied with the terms of the loan agreement, a Resolution to Waive the Principal and Interest Payment for May 2023 will need to be passed. Chairman Frye stated this item is being brought back before the Board after it was tabled during the May 2023 meeting. Mr. Massie said that the Board will need to vote to approve or deny a 6/5/23 resolution making certain findings and waiving current required annual payment for American Healthcare Systems, LLC. Chairman Frye stated he and Vice -Chairman Allen have met with the hospital owners and needed information has been received. Tim Ford, Randolph Health CEO, said that they have attempted to clarify the question of voting on the Hospital Board and the role of that board. Hopefully the questions have been clarified. Vice -Chairman Allen said that the spirit and intent has been met by AHS. The preliminary audited financials have been looked over. The responsibility of the Board is to make sure tax payer dollars have been used in accordance with where they have been designated. It is also important to make sure the hospital is profitable and making sure some of their investments are reinvested in the hospital as well. The Board of Commissioners is a partner and wants to see everyone succeed. Chairman Frye said that AHS now pays Randolph County property taxes since they operate as a for-profit hospital. The hospital is in the top ten tax payers in the County. In Randolph Hospital's 88 years of existence, they have never paid property taxes until they became for-profit. On motion by Allen, seconded by Frye, on a vote of S-0, to approve the Resolution Making Certain Findings and Waiving Current Required Annual Payment for American Healthcare Systems, LLC., as follows: RESOL UTION MAKING CERTAIN FINDINGS AND WAIVING CURRENT REQUIRED ANNUAL PAYMENT WHEREAS, Article 2 of Chapter 131A of the North Carolina General Statutes establishes the Rural Health Care Stabilization Program (the "Program') to provide for loans at below-market interest rates with structured repayment terms in order for financially distressed eligible rural hospitals to transition to sustainable, efficient, and more proportionately sized health care service models in their communities; and WHEREAS, on or about November 21, 2019, after holding a public hearing on the matter, the Randolph County Board of Commissioners voted unanimously to apply for a loan from the Program for the benefit of Randolph Hospital or its successor entity by submitting an application to UNC Health Care as provided for in North Carolina General Statute §131A-33; and WHEREAS, on or about October 26, 2020, the Randolph County Board of Commissioners held a duly -called and advertised public hearing on the matter of incurring a debt of up to twenty million dollars ($20,000,000.00) through a Program loan, if approved, for the benefit ofRandolph Hospital or its successor entity; and WHEREAS, in 2021, American Healthcare Systems, LLC ("AHS') became the successor entity for Randolph Hospital and entered into a Promissory Note and Loan Agreement with Randolph County to administer any funds Randolph County received pursuant to the Program; and WHEREAS, in 2022, Randolph County received a twelve million dollar ($12, 000, 000.00) from UNC Health, pursuant to the Program, to be used to finance capital improvements at Randolph Health by AHS; and 6/5/23 WHEREAS, debt service payments (principal and interest) on the loan from Randolph County to AHS were to be the same annual amounts as the debt service payments on the loan from UNC Health to Randolph County; and WHEREAS, under this arrangement, the County agreed to waive AHS's debt service payments each year so long as AHS operates Randolph Hospital at a certain level and so long as AHSfu�fills certain other covenants; and WHEREAS, pursuant to this arrangement the County shall annually assess the performance of AHS to determine whether the conditions required for waiver of debt service are met; and WHEREAS, the County has completed this assessment and makes the findings contained herein. WHEREAS, by the Randolph County Board of Commissioners, having considered such matters, makes the following findings: 1. The Board of Commissioners of Randolph County finds that AHS has made commercially reasonable efforts to maintain and operate Randolph Hospital as a North Carolina acute care hospital with a complement of healthcare clinical services and service lines reasonably appropriate for a similarly situated hospital with a minimum of 49 -bed impatient capacity located within the corporate limits ofAsheboro, NC (or in a location where City ofAsheboro utilities are available) which includes: a. Five (5) general Operating Room suites, plus one additional suite reserved for C-sections (based on current surgical service needs); b. Emergency Room services with 15 bays to be open 24 hours a day/7 days a week/ 365 days a year; and C. Services to be provided in the impatient facility would include, but not be limited to, intensive care, general surgery, orthopedic, and maternity / OB - GYN services. 2. The Randolph County Board of Commissioners find that AHS has made commercially reasonable efforts to continue radiology and diagnostic lab services located within the corporate limits of Asheboro, NC (or in a location where City ofAsheboro city utilities are available). 3. The Randolph County Board of Commissioners finds that AHS has made commercially reasonable efforts to continue cancer treatment services to be located within a ten -mile radius of the current hospital. 4. The Randolph County Board of Commissioners finds that AHS has provided quarterly progress reports to the County including, but not limited to, financial condition, operating statistics, staffing levels, capital replacement plan status, and any other relevant details. 5. The Randolph County Board of Commissioners confirms that it, or its appointees, has received two (2) seats, with full voting powers, on AHS's board of directors. NOW, THEREFORE, BE IT RESOLVED, thatAHS having fulfilled the requirements outlined in paragraphs 1-5 above, the debt service payment due to Randolph County from AHS in May, 2023, in the amount of one million one hundred twenty thousand dollars ($1,120, 000.00) is hereby waived. Final Design of the Human Services Building in Archdale 6/5/23 Paxton Arthurs, Randolph County Engineer, reminded the Board that during their April Board Meeting, the Board awarded a contract to Smith Sinnett Architecture to proceed with the design of the Human Services building in Archdale. This building is intended to be a satellite office for the Department of Social Services and the Health Department. Since April, the designers have made good progress and have now completed the Bid Documents. Mr. Arthurs introduced Robert Carmac and Leanne Byrd with Smith Sinnett Architecture to present the final design of the building. Ms. Byrd shared a PowerPoint presentation and went over the proposed layout renovations of the building. The top level of the building would be the base bid. The lower level would be Alternate 2 and bid at a later date. Mr. Carmac said that, with the permission of the Board, the bids would open in July 2023, approval of the bid in August 2023 by the Board, with the construction of the project taking approximately 8- 12 months to complete. The base bid estimate is $1,508,150, with the Alternate 2 Lower Level renovation being $1,043,150, and the Alternate 3 Parking Lot Seal Coat and Striping being $25,000. The total projected cost is $2,576,300. Mr. Carmac said that after you add in office furniture, fixtures, owner reserves, and contingencies, the total project in itself, on top of construction, ends up being approximately $3,207,800. He said that they have attempted to maximize the best use of space to keep costs down by reusing offices, ceilings, and mechanical systems in the renovation of this building. Chairman Frye said that there are funds in the Proposed State Budget that would provide the funding for this project. Hopefully these funds will remain in the budget. Vice -Chairman Allen asked when the bids would come back to the Board if they were opened in July 2023. Mr. Carmac said they would come back to the Board during the August 2023 meeting. Commissioner Kidd asked about the cost estimates being lower when it was presented in April. The current estimate is $80,000 higher than before. One of the issues that increased the cost estimate was the technology improvements. The entire data communication system will need to be brought up to date. Mr. Arthurs said they left some contingency funds in the estimate for other costs as they may arise. Additional funds were included for the parking lot as well. Vice -Chairman Allen asked how Mr. Carmac felt about the bids coming back in the current environment. Mr. Carmac said that things have become more predictable. Smith Sinnett has had a good record of success recently and he feels confident they will come in as reasonable bids. On motion by Haywood, with second by Frye, with a vote of 4-1, Kidd voting no, the Board voted to move forward with the bidding of the Northwest Human Services building renovation project. Final Design of the Wellness Clinic at North2ate Paxton Arthurs, County Engineer, reminded the Board that at their April Board meeting, they authorized the County to move forward with the design of the Wellness Center at Northgate. The County contracted with Smith Sinnett Architects for the continued design. Because this was a smaller project, Bidding and Construction Administration services were not necessary. 6/5/23 Mr. Carmac and Ms. Byrd, with Smith Sinnett, shared a PowerPoint presentation and presented the final design of the Wellness Clinic at Northgate. This space is part of the County's Business Continuity area in Northgate. Mr. Arthurs said since this project is smaller, a formal bid process was not necessary. If the Board approves to move forward with the bidding for the Wellness Center the bidding could be released this week. If this happens, the bids will come to the Board in July, possible construction starting in August, with the project hopefully being completed by the end of the year or first of 2024. Mr. Arthurs said the total cost estimate is a little more than what was originally proposed. The total cost estimate currently for this project is $349,600. He reminded the Board that there is approximately $300,000 remaining in the Northgate fund from the other projects that have been completed. Commissioner Haywood said it looks like a good location, it will save the County money, and the payoff will be the employees' health and well-being. On motion ofHaywood, seconded by McDowell, the Board voted 5-0, to move forward with the bidding of the Wellness Clinic at Northgate project. Seagrove-Ulah Metropolitan Water District Sewer Service Paxton Arthurs, County Engineer, said the County has been approached with the opportunity to participate in an economic development project in the southern portion of the County. A large commercial truck stop is interested in possibly locating at the intersection of I-74 and New Hope Church Road, but there is not sufficient sewer service currently available. Mr. Arthurs said that the company, Love's Truck Stop, has showed interest in this site. He shared several maps with the Board using a PowerPoint presentation. Due to sewer capacity issues at Seagrove, they have been unable to commit to the site. If the proposed pump station can be routed to the Uwharrie Pump Station, which is to be on the Asheboro system, Love's has agreed to move forward with the project. Mr. Arthurs said although this is not a typical Economic Development Project that creates jobs, the Truck Stop would produce revenue from sales taxes and property taxes. Mr. Arthurs stated the owner of the property is Randolph Land Development, LLC, the designer is Summey Engineering, and the projected construction cost is $800,000. If approved by the Board, Randolph County will enter into an agreement with the owner and fund $300,000 towards this project with the property owner being responsible for the remaining balance, advertise the project for bidding, contract with the low bidder for construction, work with Summey Engineering to oversee the project, and once complete the improvements will be turned over to Seagrove -Utah Metropolitan Water District. Chairman Frye said that this project would be funded with State AARPA funds which has its own set of rules and guidelines on how the funds are used. Mr. Arthurs said that this was one of the reasons they chose to do this project in-house to make sure all of the guidelines are being followed. 6/5/23 Vice -Chairman Allen asked how much property and sales tax would the truck stop generate. Mr. Arthurs said that he was not sure, but after looking at the property tax of the existing truck stop in Seagrove, they pay approximately $12,000 a year in property tax. Chairman Frye opened the Public Hearing and asked if anyone would like to speak. Crystal Gettys, Randolph County Economic Development Corporation (EDC) Business Recruitment Director, spoke in favor of this project. She has worked with the property owner, Mr. Lail, on different engineer design layouts on this property and how it could be used commercially and industrially. By moving forward with this project, it will not only open up the commercial corner the property is on with an interested client, there is also approximately 50 acres on the back side of this property in question that would be a great development, possibly distribution center based on the capacity of the sewer that would be allowed with this project. Chairman Frye said that Love's has been very patient with this project, especially in regards to the issues with the Seagrove -Utah treatment plant, which are still not resolved to his understanding. This project would allow the Love's truck stop, the subdivision at Pinewood Country Club, and the Uwharrie Charter Academy to be on the sewer system. Commissioner Kidd asked Ms. Gettys if she had any economic impact numbers for this project. She said she did not, but if there was water and sewer access already on the property it would allow opportunities for a smaller manufacturer or process companies to come in and provide property tax and the creation of new jobs. Commissioner Kidd said that this project would give an opportunity to market that area, which is desperately needed. Commissioner McDowell said that this does give the Board the opportunity to take care of all three of the requests at one time and this would open up the area in question for more growth. Jack Lail, owner of Randolph Land Development, LLC., said that he understands this is not a typical job generating project, but Love's said they would hire 80 people to operate the truck stop. Although this project has not been easy, he looks at the good side of it. He thinks it's a foreshadowing of some of the things that the County will be faced with in the next five years because everything is not in place that is needed for the growth that is coming. In addition to the truck stop, the 50 acres on the back side of the property would make excellent commercial/industrial sites. He thinks what could happen as a result of the pump station is a fairly significant development on that intersection. He thanked those that have been involved with this project and he appreciates everyone's support. Chairman Frye closed the public hearing after everyone wished to speak had done so. Commissioner McDowell said that he believes this project will have many positive impacts in this area of the County. Commissioner Kidd said that this project will be good for Randolph County and he likes to see economic development that our County desperately needs. 6/5/23 On motion by McDowell, seconded by Kidd, with a vote of 5-0, the Board voted to adopt the Resolution Authorizing the County ofRandolph to Enter into an Economic Development Project for a Sewer Main Located at the Intersection of I-74 and New Hope Church Road, and approve the associated Budget Amendment, as follows: RESOL UTION A UTHORIZING THE COUNTY OF RANDOLPH TO ENTER INTO AN ECONOMIC DEVELOPMENT INCENTIVES CONTRACT WHEREAS, Section 158-7.1 of the North Carolina General Statutes authorizes a county to undertake an economic development project by extending assistance to a company in order to cause the company to locate or expand its operations within the county; and WHEREAS, Randolph Land Development, L.L.C. ("Owner') is the Owner of a Site located at the intersection of I-74 and New Hope Church Road, said property more specifically identified by Property Identification Number 7656891428 ("Site'); and WHEREAS, in order to attract a large commercial truck stop ("Company'), a sewer pump station and force main need to be constructed at the Site ("Project'); and WHEREAS, the Board of Commissioners ofRandolph County has held a public hearing to consider whether to participate in an economic development project that will result in the County of Randolph ("County') approving an economic development incentives package whereby the County contributes up to three hundred thousand dollars ($300, 000.00) to or on behalf of the Owner to offset the costs of the Company's location of its truck stop in Randolph County, North Carolina; and WHEREAS, the total cost estimate of the Project is eight hundred thousand dollars ($800, 000.00); and WHEREAS, the County will finance its contribution usingfunds awarded to the County under the American Rescue Plan Act; and WHEREAS, the Owner shall be responsible for all costs associated with the project that exceed the three hundred thousand -dollar ($300, 000.00) County contribution and shall commit to repayment of the County contribution should the Company fail to locate on the Site; and WHEREAS, at the completion of the construction, the sewer pump station and force main shall be conveyed to and maintained by the Seagrove-Ulah Metropolitan Water District; and WHEREAS, this economic development project will benefit the traveling public, generate a new source of sales tax, stimulate the local economy, and provide new job opportunities to the citizens of the County; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners ofRandolph County, this 51h day ofJune 2023, as follows: 1. The County is authorized to expend up to three hundred thousand dollars ($300, 000.00) of County funds for this economic development project. 2. The Chairman of the Board of Commissioners is authorized to sign an Agreement with Randolph Land Development, L.L.C. requiring adherence to the payment of any costs over the three hundred thousand -dollar ($300,000.00) County contribution and agreeing to repay said contribution if the Company fails to locate on the Site. 6/5/23 3. County staffare authorized to proceed with the site work outlined in the Agreement, and the Chairman of the Board of Commissioners as well as County staff are authorized to sign any documents necessary to accomplish said site work. Coronavirus Recovery Grant Fund Budget Amendment #14 Revenues Increase Decrease Appropriations Increase Decrease Transfer to Rural Water Infrastructure Fund $300,000 Contingency $300,000 Seagrove-UlahWWTP Capital Project Budget Amendment #2 Revenues Increase Decrease Miscellaneous $500,000 Transferfrom the Coronavirus Recovery $300,000 Appropriations Increase Decrease Utility Construction $800,000 NC Railroad Grant for Ace/Avant Crystal Gettys, Business Recruitment Director, presented information regarding the NC Railroad (NCRR) Grant for Ace Avant. The Randolph County Economic Development Corporation (EDC) is tasked with identifying potential development of industrial sites and buildings throughout Randolph County for the purposes of attracting new companies to our community. The Hwy. 311 South Site consists of 67.6 acres owned by Ace/Avant and zoned for industrial use with the potential of being served by Norfolk Southern Rail. The site is available for sale and has been marketed by the EDC for several years. Water and sewer infrastructure have been designed to tie into the future 1-74 Industrial Center across Hwy. 311 with an estimated cost for the project of $1,050,000. The NCRR awarded $500,000 through their Build Ready Sites program to help offset the cost of the project. Any costs incurred over the amount of the grant shall be paid by the landowner. The EDC was the applicant on behalf of the landowner. However, it is a requirement that the funds be held and administered by a government entity. The NCRR grant is performance based and requires that the property ultimately be conveyed to an industrial rail user. If the property is sold to a non -rail user, grant provisions require repayment of all or a portion of the grant to NCRR. If the County accepts this grant, the County will enter into a contractual agreement with Ace/Avant whereby Ace/Avant shall be responsible for repaying any required clawback amounts. The EDC believes that the improvement of this property will increase the marketability of the community for future industrial development and investment. This is a great example of a true public - 6/5/23 private partnership. The EDC is asking the Randolph County Board of Commissioners to accept and administer the NCRR Build -Ready Site grant and to authorize the Chairman to sign any agreements necessary to further this project, including but not limited to the Build -Ready Site Agreement with NCRR and an agreement with Ace/Avant requiring them to market the property in accordance with the NCRR grant. After the Public Hearing, if the Board intends to proceed with this project, a resolution will need to be passed. Chairman Frye opened the Public Hearing and closed it after no one wished to speak. Vice -Chairman Allen asked about the clawbacks on this project. He asked if the funds do not go to a rail user, could the funds for the sale of the property be funneled back through the County to repay the Railroad. Ms. Gettys said yes that is correct, Ace/Avant would ultimately pay back the County and then the funds would go back to the Railroad. Vice -Chairman Allen said he wanted to make sure there was efficient collateral to pay the Railroad back. Ms. Gettys thanked County Attorney Aimee Scotten for working with the partners in this project. Chairman Frye asked when the contract would be ready. Ms. Scotton said the agreement with the Railroad is their grant agreement with the County. Once the grant is accepted, the Grant Agreement will need to be signed. The contract will be with Ace/Avant requiring them to adhere to all of the provisions of the grant and requiring them to be responsible for any amount over the grant and for the clawback. Chairman Frye asked when the contract with Ace/Avant would be ready. Ms. Scotten said there is a draft available now that she would be glad to share with the Commissioners, but she does not typically bring them to the meeting with her. Ms. Scotten said that typically the Board approves the arrangement just like with any other Economic Development Project. Then the Board will pass the Resolution authorizing the contract be drafted in accordance with the arrangement. Ms. Scotten said she does not typically bring the contract back before the Board, but she can if that is what the Board wished. Vice -Chairman Allen said he wanted to make sure the County is covered should there be clawbacks. Ms. Scotten said the County would be covered. On motion ofHaywood, seconded by Kidd, with a vote of 5-0, the Board voted to 1) accept and administer the NCRR Build -Ready site grant, 2) authorize the Chairman to sign all necessary agreements, 3) adopt the associated Resolution as follows, and 4) approve establishment of the Hwy. 311 South Special Revenue Grant Fund. RESOLUTION AUTHORIZING THE COUNTY OF RANDOLPH TO ACCEPT AND ADMINISTER A NCRR GRANT FOR THE BENEFIT OF PROPERTY OWNED BY ACE/AVANT REAL PROPERTY COMPANY, LLC 6/5/23 WHEREAS; Section 158-7.1 of the North Carolina General Statutes authorizes a county to assist in the extension of water and sewer lines to industrial properties or facilities, whether the industrial property or facility is publicly or privately owned; and WHEREAS, Ace/Avant Real Property Company, LLC ("Owner') is the Owner of a Site located at I-74 and US Highway 311 approximately 67.6 acres in size and more particularly described by parcel identification number 7745734117 ("Site'); and WHEREAS, in order to attract an industrial customer, certain preliminary engineering, design, and site preparation work needs to be undertaken in order to remove development barriers and improve construction timeline predictability around the Site ("Project'); and WHEREAS, the North Carolina Rail Road ("NCRR') has created a program to increase the number of rail -served sites that are ready for development in North Carolina, thereby increasing the likelihood that new rail -using manufacturers will locate or expand, yielding additional job creation, rail use, and expanded local tax base in communities throughout the State; and WHEREAS, NCRR has agreed to award Randolph County ("County') a grant offive hundred thousand dollars ($500,000.00) for costs incurred in the Project; and WHEREAS, the preliminary cost estimate of the Project is one million forty-nine thousand eight hundred and fifty-eight and 401100 dollars ($1,049,585.40); and WHEREAS, the Owner shall be responsible for all costs associated with the Project that exceed the five hundred thousand dollar ($500, 000.00) grant amount; and WHEREAS, the grant agreement between NCRR and the County requires repayment unless certain conditions are met; and WHEREAS, the County shall enter into an agreement with the Owner requiring the fulfillment of the conditions required by NCRR; and WHEREAS, in the event any moneys are required to be repaid to NCRR the Owner agrees to indemnify and hold the County harmless; and WHEREAS, the Board of Commissioners of Randolph County has held a public hearing to consider whether to participate in this project by accepting for the grant and administering the grant; and WHEREAS, this economic development project will stimulate and stabilize the local economy, promote business in the County, and result in the creation ofa number ofjobs in the County; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Randolph County, this 5"' day ofJune 2023, as follows: 1. The County is authorized to accept and administer a grant from the North Carolina Rail Road in the amount offive hundred thousand dollars ($500,000.00). 2. The Chairman of the Board of Commissioners is authorized to sign a Built Ready Site Grant Agreement with the North Carolina Rail Road for the administration of the grant funds. 3. The Chairman of the Board of Commissioners is authorized to sign an Agreement with Ace/Avant Real Property Company, LLC requiring adherence to the provisions of the grant, the payment of any costs over the grant amount, and the indemnification of the County as outlined herein. 6/5/23 4. County staff are authorized to proceed with the site work outlined in the grant agreement, and the Chairman of the Board of Commissioners as well as County staff are authorized to sign any documents necessary to accomplish said site work. County Manager's Update County Manager Hal Johnson had no comments. Commissioners Update Chairman Frye said that Town of Liberty contracted with Piedmont Triad regional Council (PTRC) to complete their land development plan and he believes the Council will draft their Ordinance for them. The Board was reminded of the June 8, 2023 Budget Meeting with the County Departments. This meeting will begin at 6:00 p.m. Commissioner Haywood said that she and Vice -Chairman Allen attended the Open House at the Liberty Museum and she was very impressed with what they have accomplished on a small budget. Vice -Chairman Allen said there is a lot of local history in the museum. He said the way it had been set up with the different churches, athletics, and the industry in Liberty was impressive. Adjournment At 8:25 p.m. on motion ofAllen, seconded by Kidd, the Board voted 5-0 to adjourn. Darrell Frye, Chairman David Allen Kenny Kidd Hope Haywood Maxton McDowell Jenny Parks, Deputy Clerk to the Board 6/5/23 Attachment A St. Luke United Methodist Church of Asheboro, in the Uwrharrie District and the WesternNorth Carolina Conference of the United Methodist Church. The following is a resolution approved by the church council to recommend the removal of the confederate monument located on the grounds of the Randolph County courthouse property: Whereas the monument was erected in 1911 dedicated to the Randolph County Confederate Soldiers and stili stands in 2023 as a monument to the Confederacy with their beliefs; and Whereas9 on September 8, 2422, the Asheboro City Council passed a resolution to relocate the statue from its location on the grounds of the Randolph County courthouse property to some other property more suitable, we support their resolution.; and Whereas, as Christians and members of the united Methodist Faith, we are called upon to speak boldly for God and advocate for the things he asks of us; to do justice, to demonstrate love, show kindness to our neighbors, walk humbly with him, seek equity, racial healing and understanding and to love one another as he has loved us; and Whereas, symbols, such as this statue, is a painful reminder to many, of the hatred directed toward people of color, intimidations, oppression, racism, slavery, and racial inequities in our country. is this the type of county and country that we wish to "promote"?; and Whereas, the Randolph County Chapter of the NAACP advocates for racial healing and inclusiveness, not for destroying the statue, but for the relocation of the statue to a more respectable location and we support their request; and Whereas, we desire pathways to peace, respect, love of community, and love of one another working together to promote positive changes for all citizens of Randolph County. Therefore, as a congregation, remembering the words from the prophet Micah,"What does the Lord require of you, but to do justice, love kindness, and to walk humbly with your God? Remembering the words of Dr. Martin Luther King Jr. "the arc of the moral universe is long, but it bends toward justice". As Christians, we proclaim the gospel message, that Christ is love and Christ is the tight of the world, which drives out hate and darkness. Therefore, be it resolved that St. Luke United Methodist Church, e support the resolution presented by the Asheboro City Coiuncil to relocate the statue from its present location on the grounds of the Randolph County Court House property to a more appropriate location. Therefore, be it resolved that the Randolph County Commissioners should be in deep reflective prayer and repentance to seek equity, racial healing and understanding to love all people as God loves us. And take the appropriate action to remove the Confederate Statue to a more appropriate location as soon as possible. On this the t�kK- I, .,,.__..._.—day of ^2023. St. Luke United Methodist Church Asheboro, North Carolina