010317I
January 3, 2017
The Randolph County Board of Commissioners met in regular session at 6:00 p.m. in the
1909 Randolph County Historic Courthouse Meeting Room, 145 Worth Street, Asheboro, NC.
Commissioners Allen, Haywood, Kidd and McDowell were present. Commissioner Frye was
absent. Chairmen Allen stated that this is only the second meeting Commissioner Frye has
missed in 34 years. Dr. Bob Shackleford, RCC President, gave the invocation and everyone
recited the pledge of allegiance.
Special Recognition
The reigning Miss Randolph County Laura Matrazzo and Miss Randolph County's
Outstanding Teen Delaney McKaughn introduced themselves and each spoke about their
platforms and some of the activities they've already been involved in since their crowning in
October.
Retirement Recognition
Sgt. Beachel "Dean" Marion retired on August 1, 2016, with 15 years of service to the
Sheriff's Department. Mr. Marion was recognized by Sheriff Robert Graves, after which,
Chairman Allen presented Mr. Marion with an engraved clock on behalf of the Board.
Public Comment Period
Pursuant to N.C.G.S. § 153A-52.1, Chairman Allen opened the floor for public comment.
County Attorney Ben Morgan read aloud the Public Comment Rules of Procedure.
Chairman Allen asked Planning Director Jay Dale to give an update on the Carolina Guns and
Gear Shooting Range.
Jay Dale, Planning Director, stated that at the last meeting there were concerned citizens with
unanswered questions regarding the Carolina Guns and Gear Shooting Range located at 5068 US
Hwy 64E, Franklinville, and the Board had asked for an update to be given at this meeting. Mr.
Dale said he had spoken with Lee VanTine, President/CEO of Carolina Guns and Gear after the
last meeting. Mr. VanTine had indicated that he would go through the zoning application
process but wanted to speak with his attorneys first. On December 30t`, Mr. Dale received an
email from Mr. VanTine stating that he believes they are a non-profit and exempt from Randolph
County zoning. Mr. Dale said he has not received anything of validation and isn't sure this is the
case. The Code Enforcement staff will be sending the violation citation on Wednesday to begin
the process requesting them to cease activity as it is. He doesn't expect the business to stop and
said this case would likely end up in court.
Lynn Lancaster, 1814 Coxemoor Place, Asheboro, stated that "for almost three decades this
board has waged war on both property rights and the second amendment and its practical
application." He said the Board of Commissioners' actions had "not been merely unfriendly" to
the second amendment but that "its actions had been actively hostile." Mr. Lancaster said the
Board had accepted his qualifications as an expert witness regarding gun and shooting matters in
the past and then he restated his qualifications.
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Mr. Lancaster said that when the County implemented county -wide zoning regulations, one of
the "hot buttons" then was fire arm ranges. "The Board assured the public that not much would
change and that no one would take away their rights." He claimed that in 1997, the Planning
Board passed rules that fire arm ranges would need to obtain a special use permit, and in the
Planning Board minutes "members of the public were assured fire arm ranges would only be
required to pay $100 special use permit."
Mr. Lancaster said that since 1990, neither the Planning Board nor Board of Commissioners
has approved an initial rifle range but did approve one that was already in existence.
He said people are going out and buying handguns, sticking targets in the ground and
shooting. He stated that he doesn't feel that is very safe.
He said he had looked at Planning Board minutes from 1990 to present regarding shooting
ranges. In one case the applicant had wanted to build an indoor pistol range, but his application
was denied because it wasn't in keeping with the character of the neighborhood. Mr. Lancaster
said, "It doesn't get any safer" than an indoor range.
Mr. Lancaster said if there is "any doubt on where the Planning Board stands on this, look no
further than its 2013 ruling on the range near Camp Caraway that was overturned by a superior
court judge because the Planning Board exceeded its authority." He said what should concern
everyone is that in this 2013 case, "the Planning Board acted in a condescendingly arrogant way
and in the process, severely impeded the ability of a citizen of this county to exercise his11 lvk� ALJh
property rights and earn a living."
He stated that there is currently "a fight brewing between the Planning Board and a local
range." The issue to him "thus far has been one of style over substance; for profit versus not for
profit; certain neighbors attempting to portray the area as a neighborhood instead of the
commercially zoned area, as it certainly is occupying a former manufacturing" facility. He said
safety has never been an issue at this particular facility.
Lastly, Mr. Lancaster said that the Planning Board thinks that it and it alone decides what his
property rights are and he said he has an issue with that. "Clearly the Planning Board members
need to be reminded that they too are the hired help."
Consent Agenda
On motion of McDowell, seconded by Kidd, the Board voted unanimously to approve the
Consent Agenda, as follows:
• approve minutes of the 12/5/16 regular meeting;
• unseal closed session minutes of 7/8/13, 8/5/13 and 10/3/16;
• adopt the Resolution Recognizing the Responders Who Were Deployed to Assist
During/After Hurricane Matthew and the Western County Fires, as follows:
Resolution Recognizing the Responders Who Were Deployed to Assist During/After
Hurricane Matthew and the Western County Fires
1/3/17
WHEREAS, on the morning of October 8, 2016, Hurricane Matthew made
• landfall northeast of Charleston, SC, with the eye passing Wilmington, NC, around
mid-afternoon causing major flooding in eastern NC for many weeks requiring the
services of public safety, fire departments, rescue workers and emergency services
from all across the state; and
WHEREAS, on November 5, 2016, the Party Rock Fire, which eventually burned
over 5,906 acres, began in the Lake Lure area of Rutherford County increasing in
size and intensity requiring the services of numerous fire departments from across
North Carolina and several other states, and;
WHEREAS, emergencies of this size and nature command the services of many
agencies working together; and
WHEREAS, many Randolph County agencies were called upon to assist during
and after these particular catastrophic emergencies.
NOW, THEREFORE, BE IT RESOLVED that the Randolph County Board of
Commissioners does hereby recognize and express gratitude to the heroic efforts of
the firefighters, emergency personnel, rescue workers and law enforcement who
responded with courage, selfless compassion, and determination for many long and
weary hours and also urges all citizens to join in recognizing these outstanding men
and women:
Responders providing equipment and crews to assist in Hurricane
Matthew recovery to Columbus, Robeson, Lenoir, Johnston, Bladen and
• Brunswick Counties: Asheboro Fire Department, East Side Fire
Department, Farmer Fire Department, Franklinville Fire Department,
Guil-Rand Fire Department, Liberty Fire Department, Randleman -
Sophia Fire Department, Tabernacle Fire Department, Ulah Fire
Department, Westside Fire Department, Ash -Rand Rescue & EMS,
Randolph County EMS, Randolph County Emergency Management,
Randolph County Fire Marshal's Office, Randolph County Public
Health, and Randolph County Sheriffs Office
•
Fire departments which responded providing equipment and crews to
assist in Rutherford County: Asheboro, Climax, Farmer, Franklinville,
Guil-Rand, Tabernacle and Ulah.
• approve Budget Amendment #7 for the Randolph Community College Capital Project,
as follows:
2016-2017 Budget Ordinance
Randolph Community College Capital Project —Budget Amendment #7
Revenues
Increase
Decrease
Transfer from General Fund
$100,000
Appropriations
Increase
Decrease
Construction
$50,000
Professional Fees
$ 25,000
Site Development
$125,000
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• approve Budget Amendment 415 for Pettv's Garage Buildinz Reuse Grant, as follows
2016-2017 Budget Ordinance
General Fund—Budget Amendment #15
Revenues
Increase
Decrease
Restricted Intergovernmental
$170,000
Transfer from ED Reserve
$8,500
Decrease
Appropriations
Increase
Decrease
Other Economic and Physical
Development Appropriations
$178,500
• annrove Budget Amendment #16 for Property Tax Audit/Consultant Fees, as follows:
2016-2017 Budget Ordinance
General Fund—Budget Amendment #16
Revenues
Increase
Decrease
Property Taxes
$61,003
Sales and Services
$61,662
Decrease
Appropriations
Increase
Decrease
Tax
$122,665
19
• approve Budget Amendment 417 For Public Health (NC Medicaid Electronic Health
Record Incentive Program). as follows: ter/
2016-2017 Budget Ordinance
General Fund—Budget Amendment #17
Revenues
Increase
Decrease
Sales and Service
$21,250
Appropriations
Increase
Decrease
Public Health
$21,250
• reappoint Wilbert Hancock, Ken Austin, Bernard Beck, and Bobby Allen to the
Voluntary Agricultural District Advisory Board;
• appoint Rodney Dietrich to the Juvenile Crime Prevention Council;
• approve the addition of Nursing Assistant to the County's Classification Plan;
• approve the Bylaws for the Randolph County Nursing Home Committee Advisory
Committee, as follows:
RANDOLPH COUNTY NURSING HOME
COMMUNITY ADVISORY COMMITTEE
BYLAWS
ARTICLE L PURPOSES AND OBJECTIVES
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A. North Carolina GS 131E-128 mandates that County Commissioners appoint persons to local
® Nursing Home Advisory Committees, to work to maintain the spirit of the Nursing Home Patients'
Bill of Rights within the Nursing Homes of the State, and that they are to promote community
involvement and cooperation with Nursing Homes and integration of these homes into a system of
care for the elderly.
B. This committee shall also promote increased community interaction with Nursing Homes and
promote better community education and awareness of issues affecting institutionalized adults.
In accordance with the above State Legislation, this committee shall assist persons with
grievance resolution regarding resident's rights issues in Randolph County.
C. This committee shall make official quarterly visits to assigned facilities to apprise themselves of
general conditions under which persons are residing and to establish rapport with residents,
families, staff, and administrators. This committee shall work toward keeping the public informed
about aspects of long-term care and operations of homes in the county.
ARTICLE H MEMBERSHIP
The following provisions govern organization and operation of the committee.
References to NCGS 131E-28 include reference to that statute or corresponding section of
any future statute.
A. Selection. Members shall be chosen by the Randolph County Board of Commissioners in
accordance with the provisions of NC GS 131E-128.
610 B. Committee Size. In accordance with NC GS 131E -128 (b) (1), the committee shall have
8 members and up to 5 additional members at the discretion of the county commissioners. Ex -
officio members shall not be counted in the statutory determination of committee size.
C. Duties. All Advisory Committee members are expected to regularly attend committee meetings
and make at least quarterly visits to the Nursing Homes to which they have been assigned. As
directed by NC GS 131E -128 (g) members must participate in training as specified by the North
Carolina Division of Aging and Adult Services.
D. Committee Makeup. In accordance with NCGS 131E-128(3) a minority (not less than one-third,
but as close to one-third as possible) shall be chosen from among persons nominated by a
majority of the chief administrators of nursing homes in the county and the governing boards of
the hospitals licensed under Article 5 of G.S. Chapter 131E, which operates nursing homes. If
the nursing home administrators fail to make a nomination within 45 days after written
notification has been sent to them requesting a nomination, these appointments may be made
without nominations. The Clerk to the Board of County Commissioners shall invite nursing home
administrators in the county to submit nominations on a yearly basis.
E. Terms of Q ce. Each committee member shall serve an initial term of one year. Any person
reappointed to a second or subsequent term shall serve a three-year term.
F. Dismissal. A committee member may be dismissed if he or she misses two consecutive committee
meetings, without contacting the Chairperson with a reasonable excuse or fails to make required
quarterly visits with their subcommittee for two consecutive quarters unless there are extenuating
circumstances. In that event, the Committee Chairperson shall notify the Board of County
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Commissioners of the absenteeism, and shall request that the Board dismiss the member and
make an appointment to replace the dismissed member.
G. Removal. Members may be removed at the discretion of the Board of County Commissioners in
accordance with countypolicy and procedures governing boards and commissions. A two-thirds
majority vote of the members present at a quarterly meeting may direct the Chairman of the
Advisory Committee to request that the Board of County Commissioners remove a member with
cause.
H. Resignation. A member may resign by notifying the Board of County Commissioners in writing.
I. Resources. NC GS 131E -128 (g) directs that the Division of Aging and Adult Services shall
provide the committee with information, guidelines, training, and consultation to direct them in
the performance of their duties. The Piedmont Triad Regional Council Area Agency on Aging
(PTRC-AAA) Regional Long -Term Care Ombudsman Program shall serve as the designated
resource for this committee.
ARTICLE III. OFFICERS AND DUTIES
A. Election of Officers. At its regular meeting in the fall quarter, the Advisory Committee shall elect
a Chairperson and a Secretary for one-year terms to begin in January. All officers may succeed
themselves. No more than one office may be held simultaneously by any member.
B. Removal and Resignation ofOfficers. An officer may be removed by a two-thirds vote of all
members present at a committee meeting. If an officer resigns or is removed, he or she shall be
replaced by an election. %P
C. Chairperson. The Chairperson shall preside at all meetings of the Advisory Committee; shall
decide all matters of order and procedure, shall appoint the subcommittee chairpersons; shall
appoint members to investigate any matters before the Advisory Committee. The Chairperson
shall be the committee's official spokesperson to the Board of County Commissioners.
D. Secretary. The Secretary shall keep the minutes of the Advisory Committee; shall prepare written
minutes of previous meetings and notices of future meetings (staff from the PTRC-AAA will assist
with mailing and distribution of minutes and meeting notices); and shall carry out routine
correspondence.
ARTICLE IV. SUBCOMMITTEES
A. Membership. The Chairperson shall assign committee members to subcommittees of at least 3
members and no more than S, and shall appoint a Subcommittee Chairperson to each
subcommittee. Each member must serve on at least one subcommittee, but there is no prohibition
against a member serving on two subcommittees.
B. Duties. The Chairperson shall assign each subcommittee to visit specific Homes. The
Chairperson may also assign other tasks to subcommittees. However, the subcommittees have no
authority to legally obligate the committee or incur any expenditure on behalf of the committee.
C. Subcommittee Chairperson. The Subcommittee Chairperson is responsible for arranging site
visits and for maintaining clear communication regarding those arrangements with subcommittee
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members; for making certain that a report of each visit from appropriate subcommittee members
and quarterly Visitation Forms reach the quarterly meeting of the Advisory Committee. The
Subcommittee Chairperson is responsible for monitoring activities, concerns and attendance of
subcommittee members, and for making the Committee Chairperson and Long -Term Care
Ombudsman aware of issues and concerns when appropriate.
ARTICLE V. MEETINGS
A. Regular Meetings. Regular meetings shall be held at least once a quarter and shall be held on a
predetermined date each quarter. The Chairperson shall determine the location of the meetings.
B. pecial Meetings. The Chairperson or a majority of committee members may call special
meetings at any time.
C. Closed Session. The Advisory Committee may hold closed sessions as provided by law. It shall
commence a closed session by a majority vote on a motion to do so which specifically refers to
the provision(s) of law providing the authority for the closed session as required by the amended
Open Meetings Law. (NCGS 143-318)
D. Notice of Meetings. Written notice of each regular and special meeting shall be given by mailing
or emailing a copy of such notice at least five days before the meeting to each member. Such
notice shall specify the date, time and place of the meeting. In the case of a special meeting, the
notice shall state the purpose of the meeting. The notice of meetings is provided by PTRC-AAA.
E. Quorum. A quorum for doing business shall consist of one-half of the number of persons who are
to currently members.
F. Vote. Except as otherwise specified herein, the vote of a majority of those members present shall
be sufficient to decide matters before the Advisory Committee.
G. Conduct of Meetings. All meetings shall be conducted in accordance with normally accepted
parliamentary procedure and shall be open to the public, except where confidentiality is required
or permitted by law. The order of business at regular meetings shall generally be as follows: 1)
Roll Call; 2) Approval of the Minutes of the Previous Meeting; 3) Approval of the Agenda; 4)
Chairperson's Report; 5) Old Business; 6) New Business; 7) Ombudsman's Report; 8) Visitation
Reports; 9) Announcements.
ARTICLE VI. RECORDS
A. Maintenance. The PTRC-AAA Long -Term Care Ombudsman Program shall maintain a file of all
of the studies, plans, reports and recommendations made by the Advisory Committee in the
discharge of its duties and responsibilities.
B. Disclosure. All records of the Advisory Committee shall be public records, except where
disclosure of confidential information is prohibited by law. Complaints made by individuals
against Homes shall be kept confidential.
ARTICLE VII. EX -OFFICIO MEMBERS
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A. Apyointment. Ex -officio members may be appointed at the discretion of the Board of County
Commissioners. A unanimous vote of the membership of the Advisory Committee may be
forwarded to the Board of County Commissioners to request an individual be appointed an ex -
officio member provided that individual does not have a conflict of interest described in
accordance with the provisions of NC GS 131E-128. Ex -officio members may not hold elected
office on the committee.
B. Voting Ex -Officio members shall not have the privilege of voting.
C. Removal and Resignation of Ex -Officio Members. Ex -Officio members may be dismissed at the
discretion of the Board of County Commissioners in accordance with county policy and
procedures governing boards and commissions. The Committee Chairman with an explanation
to request an individual be removed as an ex -officio member may forward a notice of a two-thirds
vote of the members present at a quarterly meeting to the Board of County Commissioners. An
ex -officio member may resign by noting the Board of County Commissioners in writing.
ARTICLE V111. AMENDMENT OF B YLA WS
These bylaws may be amended by a two-thirds majority of all the members present at a quarterly
committee meeting. However, a notice of any proposed change in these bylaws must have been sent to all
committee members one week prior to the meeting involved. The proposed amendments to these bylaws
must be forwarded to the Board of County Commissioners for final approval.
ARTICLEIX. SUPERSEDURE
Upon adoption, these bylaws shall supersede any other bylaws governing the activities of the Randolph
County Nursing Home Community Advisory Committee.
• approve the Bylaws for the Randolph County Adult Care Home Community Advisory
Committee, as follows:
RANDOLPH COUNTYADULT CARE HOME
COMMUNITY ADVISORY COMMITTEE
BYLAWS
ARTICLE L PURPOSE AND OBJECTIVES
A. North Carolina GS 131D-31 mandates that County Commissioners appoint persons to local Adult
Care Home Advisory Committees, to work to maintain the spirit of the Adult Care Home Residents' Bill
of Rights within the adult care homes of the State, and that they are to promote community involvement
and cooperation with adult care homes and integration of these homes into a system of care for the
elderly.
B. This committee shall also promote increased community interaction with adult care homes and
promote better community education and awareness of issues affecting institutionalized adults. In
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accordance with the above State legislation, this committee shall assist persons with grievance resolution
® regarding residents ' rights issues in Randolph County.
C. This committee shall make official quarterly visits to assigned facilities to apprise themselves of
general conditions under which persons are residing and to establish rapport with residents, families,
staff, and administrators. This committee shall work toward keeping the public informed about aspects of
long-term care and operations of homes in the county.
ARTICLE II. MEMBERSHIP
The following provisions govern organization and operation of the committee. References to NCGS
131D-31 include reference to that statute or corresponding section of any future statute.
A. Selection. Members shall be chosen by the Randolph County Board of Commissioners in accordance
with the provisions of NCGS 131D-31.
B. Committee Size. In accordance with NCGS 131D -31(b), the committee may have up to 13
members. Ex officio members shall not be counted in the statutory determination of committee size.
C. Duties. All advisory committee members are expected to regularly attend committee meetings and
make at least quarterly visits to the adult care homes and annual visits to the family care homes to which
they have been assigned. As directed by NCGS 131D -31(h), members must participate in training as
specified by the North Carolina Division of Aging and Adult Services.
D. Committee Makeup. In accordance with NCGS 131D-31(6)(4), a minority of the members (not less
4d than one-third, but as close to one-third as possible) shall be chosen from among persons nominated by a
majority of the chief administrators of adult care homes in the county. If the adult care home
administrators fail to make a nomination within 45 days after written notification has been sent to them
requesting a nomination, these appointments may be made without nominations. The Clerk to the Board
of County Commissioners shall invite adult care home administrators in the county to submit nominations
for membership on a yearly basis.
E. Terms of Office. Each committee member shall serve an initial term of one yearfrom time of
appointment. Any person reappointed to a second or subsequent term shall serve a three-year term.
F. Dismissal. A committee member may be dismissed if he or she misses two consecutive committee
meetings without contacting the Chairperson with a reasonable excuse or fails to make required
quarterly visits with his or her subcommittee for two consecutive quarters unless there are extenuating
circumstances. Otherwise, the committee chairperson shall notes the Board of County Commissioners of
the absenteeism and shall request that the Board dismiss the member and make an appointment to
replace the dismissed member.
G. Removal. A two-thirds majority vote of the members present at a quarterly meeting may direct the
Chairperson to request that the Board of County Commissioners remove a member with cause.
H. Resignation. Members resigning are encouraged to resign by notifying the Board of County
Commissioners in writing.
G 10 I. Resources. NCGS 131D -31(h) directs that the Division of Aging and Adult Services provide the
committee with information, guidelines, training, and consultation to direct them in the performance of
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their duties. The Piedmont Triad Regional Council Area Agency on Aging (PTRC-AAA) Regional Long -
Term -Care Ombudsman Program shall serve as the designated resource for this committee.
ARTICLE III. OFFICERS AND DUTIES
A. Election of O cers. At its regular meeting in the fall quarter, the committee shall elect a chairperson
and a secretary for one-year terms to begin in January. All officers may succeed themselves. No more
than one office may be held simultaneously by any member.
B. Chairperson. The chairperson shall preside at meetings of the committee, shall decide all matters of
order and procedure, shall appoint the subcommittee chairpersons, and shall appoint members to
investigate any matters before the committee. The chairperson shall be the committee's official
spokesperson to the Board of County Commissioners.
C. Secretary. The secretary shall keep the minutes of the committee. Staff from the PTRC-AAA will
assist with mailing and distribution of minutes and meeting notices and shall carry out routine
correspondence.
D. Removal and Resignation of 0 icers. An officer may be removed by a two-thirds vote of all members
present at a committee meeting. If an officer resigns or is removed, he or she shall be replaced by an
election.
ARTICLEIV. SUBCOMMITTEES
A. Membership. The work of the committee shall be carried out by subcommittees. The chairperson
shall assign committee members to subcommittees of at least three members and no more than five and
shall appoint a subcommittee chairperson to each subcommittee. Each member must serve on at least
one subcommittee, but there is no prohibition against a member serving on two subcommittees.
B. Duties. The chairperson shall assign each subcommittee to visit specific homes. The subcommittees
have no authority to legally obligate the committee or to incur any expenditure on behalf of the
committee.
C. Subcommittee Chairperson. The subcommittee chairperson is responsible for arranging site visits,
for maintaining clear communication with subcommittee members, for monitoring attendance of
subcommittee members, for making certain that quarterly visitation forms reach the quarterly meeting of
the committee and/or the ombudsman, and for making the committee chairperson and the designated
long -term -care ombudsman aware of issues and concerns when appropriate.
ARTICLE Y. MEETINGS
A. Regular Meetings. Regular meetings shall be held at least once a quarter and shall be held on a
predetermined date each quarter by majority vote of the committee. The chairperson shall determine the
location of the meetings. The meetings are subject to the Open Meetings Law (NCGS 143-318). Changes
in the regular meeting schedule are made by filing and posting a revised schedule at least seven days
before the first meeting to occur under the revised schedule.
B. �ecial Meetings. Special meetings may be called at any time by the chairperson or a majority of
committee members. Notice of special meetings must be posted on the County's principle bulletin board;
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mailed, emailed, or delivered to anyone who has made a written request for notice of special meetings;
and posted on the County's website at least forty-eight hours before the meeting.
C. Closed Session. The committee may hold closed session as provided by law by a majority vote on a
motion that specifically refers to the provision(s) of law providing the authority for the closed session as
required by the amended Open Meetings Law (NCGS 143-318).
D. Notice of Meetings. The committee shall file its schedule of regular meetings with the Clerk to the
Board of County Commissioners so that the schedule can be posted on the County's website. Written
notice of each regular and special meeting shall be given by PTRC-AAA by mailing or emailing such
notice to each member at least five days before the meeting. Such notice shall specify the date, time, and
place of the meeting. In the case of a special meeting, the notice shall state the purpose of the meeting.
E. Ouorum. A quorum for doing business shall consist of one-half of the number of persons who are
currently members.
F. Vote. Except as otherwise specified herein, the vote of a majority of those members present shall be
sufficient to decide matters before the committee.
G. Conduct of Meetings. All meetings shall be conducted in accordance with normally accepted
parliamentary procedure and shall be open to the public except when confidentiality is required or
permitted by law. The order of business at regular meetings generally shall be (1) roll call, (2) approval
of the minutes of the previous meeting, (3) approval of the agenda, (4) chairperson's report, (S) old
business, (6) new business, (7) ombudsman's report, (8) visitation reports, (9) announcements.
ARTICLE VL RECORDS
A. Maintenance. The PTRC-AAA Long -Term -Care Ombudsman Program shall maintain a file of all of
the studies, plans, reports, and recommendations made by the committee in the discharge of its duties and
responsibilities.
B. Disclosure. All records of the committee shall be public records except when disclosure of
confidential information is prohibited by law. Complaints made by individuals against adult care homes
shall be kept confidential.
ARTICLE VII. EX OFFICIO MEMBERS
A. Appointment. Ex officio members may be appointed at the discretion of the Board of County
Commissioners. A unanimous vote of the membership of the committee may be forwarded to the Board to
request an individual be appointed an ex officio member, provided that individual does not have a conflict
of interest described in accordance with the provisions of NCGS 13]D -31(g). Ex officio members may
not hold elected office on the committee.
A Voting Ex officio members shall not have the privilege of voting.
C. Removal o Ex Officio Members. Ex officio members may be dismissed at the discretion of the Board
of County Commissioners in accordance with county policy and procedures governing boards and
commissions. A notice of a two-thirds vote of the members present at a quarterly meeting may be
forwarded to the Board by the committee chairperson with an explanation to request an individual be
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removed as an ex officio member. An ex officio member may resign by notifying the Board of County
Commissioners in writing.
ARTICLE VIII. ADOPTION/AMENDMENT OF BY-LAWS
These by-laws may be proposed for adoption or amendment by a two-thirds majority of all the members
present at a quarterly committee meeting. However, a notice of any proposed change in these by-laws
must have been sent to all committee members one week prior to the meeting involved. The proposed
adoption or amendment to these by-laws must be forwarded to the Board of County Commissioners for
final approval.
ARTICLE Ix SUPERSEDURE
Upon adoption, these by-laws shall supersede any other by-laws governing the activities of the Randolph
County Adult Care Home Community Advisory Committee.
Special Recognition of Responders Who Were Deployed to Assist During/After Hurricane
Matthew and the Western County Fires
Chairman Allen read aloud the resolution that was adopted on the Consent Agenda
recognizing the responders who were deployed to assist during and after Hurricane Matthew and
during the Western County fires. Some departments had multiple missions during each
deployment. He then gave the following summary:
The following fire departments deployed to various areas in Columbus County: Asheboro,
Eastside, Franklinville, Guil-Rand, Liberty, Randleman -Sophia, and Westside. Columbus 1.001,
officials made a request to NC Emergency Management for fire suppression help in their county
because many of the fire department personnel in their county had flooding in their own homes.
The intent was to allow those firemen to go home, deal with their own damaged homes, and help
their families while still providing fire coverage in their county.
The Ulah and Farmer Fire Departments deployed to various locations in New Hanover
County to assist with tanker support. New Hanover had one of two major water intakes damaged
by the storm which made fire hydrants ineffective across most of the county. Since New Hanover
mainly relied on fire hydrants for water, they needed additional help moving water in the case of
a fire. Since many of our departments are accustomed to drafting out of ponds, rivers, and creeks,
our departments that went helped New Hanover certify emergency water points.
Evan Grady and Jared Byrd of Emergency Management took an electronic message board to
New Hanover County. The speculation was with widespread flooding, they would need help re-
routing traffic. They used the County message board (and many more from across the state) for
this purpose.
Jared Byrd deployed to Johnston County along with four other Emergency Management
personnel from other counties as a part of an "EOC Overhead Incident Management Team."
Johnston County staff had been working for nearly three days non-stop in their Emergency
Operations Center dealing with widespread flooding, power outages, drownings, etc. The
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purpose of the Incident Management Team was to help them catch up and get back on their feet
with operational plans for the next few days.
Bernard Needham and James Hyler of the Fire Marshal's Office took the Emergency Services
l50kW generator to Kinston. This generator was assigned to a VIPER communications tower to
provide communications to fire responders when the power was out.
Dana Wright of Randolph County Public Health went to Robeson County to help in an
emergency shelter.
Crystal Pate and Victoria Pacheco of Emergency Services went to Columbus County to man
one of their EMS units for 6 days. The intent (like above) was to allow their EMS staff to tend to
their own flooded homes.
During the wildfires, the following fire departments were assigned to the "Party Rock Fire"
in Lake Lure, NC. Some of the departments provided brush fire support, while others provided
structural protection. Many of their assignments were to stand guard at homes and businesses in
the path of the wildfire to prevent the fire from burning the structures. Those fire departments
were: Asheboro, Climax, Farmer, Franklinville, Tabernacle, and Ulah.
The County estimates that it cost responders in Randolph County approximately $62,171
helping our neighbors for Hurricane Matthew. All of this should be reimbursed by NC and
FEMA. Costs have not been finalized yet for the wildfire.
Ir
Sheriff Graves said the Randolph County Sheriff's Office assisted Bladen County at the
request of the Bladen County Sheriff for the same reasons of giving rest and allowing their
employees a chance to check on their own homes and families.
Presentation of Annual Audit Report
Eddie Burke, Engagement Partner with Cherry Bekaert, presented and reviewed the County's
Comprehensive Annual Financial Report for year ending June 30, 2016. He stated there were no
adjustments to journal entries, no significant deficiencies were identified and said the firm gave
the County an unmodified "clean" opinion, which is the highest level of findings, and
commended the County's Finance Office staff for their work and assistance.
Public Heariniz & Approval of Grant Match- Younts Machine Co., Inc.
Kevin P. Franklin, EDC Existing Business and Industry Coordinator, reviewed the proposed
expansion by Gary J. Younts Machine Company, Inc. It is currently located at 4786 Turnpike
Court in Trinity and has been in business since 1987 and at its current location since 1993. The
company is a machine shop with a seasoned workforce of 14 full-time employees and an
established customer base. The company does not have adequate property for an expansion of its
9,400 square foot facility that is now at maximum production capacity. The company has
sufficient inquiries from current and prospective customers to warrant an expansion.
In anticipation of future expansion, Younts Machine has purchased a vacant 8.68 -acre parcel
at the intersection of Turnpike Road and Turnpike Court in Trinity which is very close to its
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existing facility. However, the expansion site does not currently have access to public sewer, and
the company's consideration of this site is contingent upon the availability of sewer. Trinity's
engineer estimates the cost of extending sewer to the site at $490,000 and includes installation of
a public pump station. While Trinity is Mr. Younts' preferred expansion location, this project is
competitive with a neighboring county on property also already owned by Mr. Younts.
The company is considering construction of four 15,000 square foot freestanding buildings on
the property at an estimated construction cost of $4,000,000. At this point, no additional
investment in equipment is anticipated. The expansion will require additional employees and
Younts Machine is committed to creating 15 new full-time jobs over a 24 -month period. The
average annual wage of these new positions is projected to be $43,225, which is well above the
County's average wage of $33,079.
The NC Commerce Department reviewed the Younts Machine project at its November 29th
funders meeting. Although several infrastructure grant programs are managed by NC Commerce,
the funders recommended that the City pursue a grant from the Industrial Development Fund
Utility Account, which serves as the richest potential funding source for this project, and requires
a 25% match of the overall project cost. The proposal recommends that the City of Trinity
submit a grant application to the Utility Account for the $490,000 project, requesting $367,500
in grant funding and committing to a 25% local match of $122,500. If the City and County each
contribute an equal share of the required match, the total commitment from each would be
$61,250. The City of Trinity held a public hearing on December 12th and authorized submission
of a grant application with match commitment of $61,250 contingent upon a County
commitment of $61,250, or 50% of the required local match. Mr. Franklin said based on
estimated additional tax revenue, a County investment of $61,250 would have a payback period
of approximately two years and six months.
The EDC believes that the Younts Machine expansion is a good economic development
project for Randolph County and views this request as an investment rather than an expense. Mr.
Franklin said that support of economic development activities through the location and
expansion of manufacturing companies supports a strong local economy, a growing tax base that
keeps rates low for all, and much-needed job opportunities for local citizens.
In summary, Mr. Franklin said that Younts Machine is a well-established business with a
proven track record of success in Randolph County and requested that Randolph County
consider a commitment of $61,250 in matching funds, an amount equal to the City of Trinity's
funding commitment, for a total grant match of $122,500.
Chairman Allen asked what the County would be liable for. Mr. Franklin explained that for
the Younts project, the proposed state grant of $367,500 is essentially a grant of $24,500 per job
($367,500 / 15 jobs). If the company fails to meet the job creation commitment, the state will
claw back funds on a pro rata basis from the company. Since this is a grant and not a loan, the
applicant (Trinity) and the County are not liable for any repayment of grant funds.
Commissioner McDowell asked when the new jobs would be phased in. Mr. Franklin replied
that they would be phased in over the two-year process of buildings being constructed.
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15
Chairman Allen asked if there was any additional interest for the use of the infrastructure by
others. Mr. Franklin replied that other businesses in the proximity have been approached and
there has been strong interest but didn't know if any new businesses were considering the area.
At 6:58 p.m., the Board adjourned to a duly advertised public hearing to receive public
comment on the requested funds from the County for economic development on behalf of
Younts Machine. Hearing no comments, Chairman Allen closed the public hearing.
On motion of McDowell, seconded by Haywood, the Board voted unanimously to a
commitment of $61,250, an amount equal to the City of Trinity's funding commitment and
approve associated Budget Amendment 418, as follows:
2016-2017 Budget Ordinance
General Fund—Budget Amendment #18
Revenues Increase
Decrease
Transferfirom ED Reserve $61,250
Appropriations Increase
Decrease
Other Economic and Physical $61,250
Development Appropriations
Public Hearing & Approval of Building Reuse Grant Match- Pilgrim's Pride Corporation
EDC Existing Business and Industry Coordinator Kevin Franklin reviewed the Pilgrim's
Pride Corporation's project prior to the required public hearing. This project was previously
referred to as Blue Angel. Pilgrim's Pride is a publicly -traded company and one of the largest
chicken producers in the world. It is an agri-business located south of Liberty at 2607 Old 421
Road in the Staley community. Currently Pilgrim's Pride operates a hatchery on the property
with approximately 20 employees. He said that the feed mill operation was closed in the spring
of 2013. The building has remained vacant since that time and is the subject of this public
hearing and request. The company now has plans to renovate the structure and resume feed
production. It is eligible for a Building Reuse Grant from NC Department of Commerce and the
company has requested assistance with the cost of renovations to the facility. All existing jobs at
the hatchery will be retained and the company is committing to create an additional 17 full-time
jobs on site, 15 of them are eligible for funding under the state Building Reuse Grant. The new
jobs would be created within an 18 -month period and pay an average annual wage of $28,059,
providing much-needed jobs in a legacy sector for local residents. The project will also generate
additional tax revenue for the County. The company also anticipates that the expansion project
will generate additional related agri-business development within a fifty -mile radius of the
project site. He said Pilgrim's Pride Corp. is considering at least two other states.
Mr. Franklin said the total anticipated company investment in the project is $13,000,000 (a
change from the initial estimated investment of $14,650,000 reported at the December meeting),
including an estimated $5,000,000 for the renovation itself and another $8,000,000 for new
equipment.
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He said based on the job creation commitment, the company is eligible for consideration of a
grant of $75,000 ($5,000 for each of the 15 new full-time jobs eligible under the program). The
grant also requires a 5% match by the local government applicant ($3,750) for this project. Since
the facility is located in an unincorporated area, Randolph County would serve as the grant
applicant, administer the grant, and supply the required match. The grant is structured as a
deferred forgivable loan made to the unit of government, Randolph County in this case, which is
then re -loaned to the company. The loan is forgiven if the company meets the job creation
requirements but must be repaid on a pro rata basis for any jobs not created within 18 months
and retained for an additional six months at the close of the grant.
Mr. Franklin stated that given the company's proposed investment, long-term presence in the
community and status as one of the largest chicken producers in the world, the EDC believes this
to be a low risk project for the County to pursue and requested that Randolph County consider
authorizing the submission of a Building Reuse Grant application and committing to a required
5% local government match of $3,750. Grant awards will be announced on February 16th by the
Rural Infrastructure Authority, which operates within the NC Department of Commerce.
Chairman Allen asked how many growers that they have in the area. Mr. Franklin said he
didn't know. Chairman Allen said knowing those demographics would help in decision making.
At 7:07 p.m., the Board adjourned to a duly advertised public hearing to receive public
comment on the requested funds from the County for economic development on behalf of
Pilgrim's Pride Corporation. Hearing no comments, Chairman Allen closed the public hearing.
On motion of Haywood, seconded by Kidd, the Board voted unanimously to adopt a
resolution 1) authorizing the County to submit the application for the $75, 000 Building Reuse
Grant from the Department of Commerce to assist Pilgrim's Pride Corporation with the
renovating and equipping of a vacant building located south of the Town of Liberty and 2)
committing to provide the required 5% local government match in the amount of $3,750, if
awarded, as follows:
RESOL UTION A UTHORIZING APPLICATION FOR A BUILDING REUSE
GRANT AND PAYMENT BY THE COUNTY OF THE
REQUIRED LOCAL MATCH
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, Pilgrim's Pride Corporation (hereinafter "Company') has stated
its commitment to invest $13, 000, 000.00 to renovate and equip an existing, vacant
facility in Randolph County and to create 17 new full-time jobs; and
WHEREAS, in order to assist the Company with the cost of said renovation,
the Company has asked the County to seek and administer a Building Reuse
Grant from the Department of Commerce; and
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17
WHEREAS, said Grant requires a 5% local match from the local government
440 making application; and
WHEREAS, the amount of the Grant that the company is eligible for is
$75, 000. 00, requiring a local match of $3, 750.00; and
WHEREAS, the County has held a public hearing on the matter; and
WHEREAS, this economic development project will stimulate and stabilize
the local economy, promote business in the County, and result in the
rehabilitation and use of a previously empty facility as well as the creation of a
number of jobs in the County; and
WHEREAS, the County has in its General Fund available revenues sufficient
to fund this economic development project;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of
Randolph County, this 3rd day of January 2017, as follows:
1. The County of Randolph is authorized to submit the application for the
$75, 000 Building Reuse Grant from the Department of Commerce to assist
Pilgrim's Pride Corporation with renovating and equipping a vacant
building located south of the Town of Liberty in Randolph County; and
2. If the Building Reuse Grant is awarded, the County is authorized to
provide the required local match of $3,750.00 contingent upon the
Company executing any documents required by the County to protect its
investment in this project.
Public Hearin & Approval for Economic Development Proiect with Pilirim's Pride
Corporation
Kevin P. Franklin, EDC Existing Business and Industry Coordinator, stated Pilgrim's Pride
Corporation's expansion project requires extension of public water to meet increased water
demand associated with the expansion. The site is approximately 4,300 linear feet from the end
of an existing 12" water main owned by the Town of Liberty. The company projects weekly
water usage to be 175,000 gallons, or approximately 35,000 GPD for a five-day work week.
Liberty has adequate water capacity to serve this need. According to pricing estimates obtained
by Town Manager Roy Lynch, installation of a 12" line to serve the site will cost as much as
$800,000.
Although the NC Department of Commerce manages several infrastructure grant programs,
the program managers have recommended that the appropriate local government submit a
Community Development Block Grant (CDBG) application in the amount of up to $400,000 for
the water line extension. With an $800,000 proposed project cost, this anticipated grant amount
leaves a funding gap of $400,000. The Town of Liberty has agreed to serve as the applicant for
the project and held the first of two required public hearings at their December 27th meeting.
The EDC requested that Randolph County consider partnering with the Town of Liberty on a
CDBG grant application to facilitate extension of a 12" water line by contributing up to $265,000
(approximately two-thirds) of the funding to close the funding gap. The project site is outside of
the Town of Liberty and annexation is not an option. The Town of Liberty has agreed to consider
participating with a $135,000 investment based on projected return on investment from water
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V
sales. Liberty will hold a second public hearing at its January meeting. Based on new county tax
revenue generated by the project, the EDC estimates a payback period of approximately three -
and -a -half years for a County investment of $265,000. •'�/
The EDC believes that Pilgrim's Pride Corporation's expansion is a good economic
development project for Randolph County and the Town of Liberty. The project will generate
additional tax revenue for Randolph County, result in the creation of 17 new jobs, and enhance
the developability of additional land south of Liberty by providing access to public water in a
growth corridor.
Chairman Allen asked if there was potential for extension of sewer lines even though this
project doesn't require it. Mr. Franklin said he didn't know if there would be future needs.
Sewer is typically put in on the opposite side of a street from water, but if a company were to
locate that needed sewer, then it could be considered at that time.
Commissioner McDowell asked if the estimated cost of $800,000 was certain. Mr. Franklin
said the Town of Liberty encouraged the engineers to estimate on the high side and the Town is
comfortable with the estimates.
At 7:16 p.m., the Board adjourned to a duly advertised public hearing to receive public
comment on the requested funds from the County for economic development on behalf of
Pilgrim's Pride Corporation. Hearing no comments from the public, Chairman Allen closed the
public hearing. IJ
Chairman Allen said he'd love to know what the additional impact on the County would be
for the growers. He said the job numbers are not that impressive but the investment is.
On motion of Haywood, seconded by Kidd, the Board voted unanimously to adopt a
resolution committing to partner with the Town of Liberty on submission of a CDBG grant
application on behalf of Pilgrim's Pride Corporation for a 12" water line extension and commit
up to $265, 000 toward the project, as follows:
RESOL UTION A UTHORIZING COUNTY TO PARTICIPATE IN THE
FUNDING OF EXTENSION OFA WATER LINE TO
AID IN ECONOMIC DEVELOPMENT
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, Pilgrim's Pride Corporation (hereinafter "Company') has stated
its commitment to invest $13, 000, 000.00 to renovate and equip an existing, vacant
facility in Randolph County and to create 17 new full-time jobs; and
WHEREAS, in order for the Company's expansion project to be successful, it
requires the extension of an existing 12 " water line, owned by the Town of Liberty
(hereinafter the "Town') to the site; and
1/3/17
WHEREAS the cost of extending the required water line is estimated at
® $800, 000.00; and
WHEREAS, the Town has agreed to apply for a Community Development
Block Grant from the North Carolina Department of Commerce in the amount of
up to $400, 000.00 to assist with the costs of the water line extension; and
WHEREAS, the Randolph County Economic Development Corporation has
asked that the County and the Town partner with one another to provide the
remaining $400, 000.00 in funding for the water line extension, specifically that
the County consider providing $265,000.00 and the Town consider providing
$135, 000.00; and
WHEREAS, the County has held a public hearing on the matter; and
WHEREAS, this economic development project will stimulate and stabilize
the local economy, promote business in the County, and result in the
rehabilitation and use of a previously empty facility as well as the creation of a
number of jobs in the County; and
WHEREAS, the County has in its General Fund available revenues sufficient
to fund this economic development project;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of
Randolph County, this 3rd day of January 2017, as follows:
1. The County of Randolph is authorized to contribute $265'000. 00 towards
the cost of the extension of a water line to the site of Company's business
expansion south of the Town of Liberty in Randolph County; and
60 2. The County's contribution referenced in paragraph I above is expressly
contingent upon the Town contributing $135, 000.00 towards said project
and contingent upon the Company executing any documents required by the
County to protect its investment in this project.
Economic Development Corporation (EDC) Organization and Strategic Planning
County Manager Hal Johnson stated that EDC President Bonnie Renfro had announced her
retirement for June 2017 after 18 years of leading the Corporation. In response to her
announcement, the EDC Executive Committee has recommended that the EDC take the
opportunity to enable a long-term evaluation of their existing organization. Since its
incorporation in February 1985, the Board of County Commissioners has provided
approximately 70% of the annual revenues available to the EDC.
He said the EDC Executive Committee stated that the recent completion of the Randolph
County Strategic Plan might provide a unique opportunity for the EDC to utilize the ongoing
County strategic planning implementation process with the goal of ensuring that the EDC is
structured to take maximum advantage of countywide industrial and business recruitment
opportunities that may emerge in the 21" century. The EDC Executive Committee has asked that
as County Manager, Mr. Johnson lead the process of evaluation by utilizing special task forces
and the Strategic Planning Implementation Committee that were appointed by the Board of
County Commissioners. Mr. Johnson said he sees this as a positive opportunity to focus on the
goal and strategy identified in the Strategic Plan under Economic Development:
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20
C. Economic Development
GOAL #1: Enhance the economic well-being of our county's residents and communities
by actively investing in a dynamic and diversified local economy, including
support of existing industries and businesses.
STRATEGY:
e. Enhance the structure of the Randolph County Economic Development
Corporation (EDC) and encourage coordination with local chambers of commerce
and other economic development entities to improve countywide business and
industry recruitment and align existing economic development resources to meet
countywide goals.
This opportunity will enhance the county's ability to identify and recruit new countywide
industrial and business development by expanding its existing economic development
recruitment structure and proactive prospective development and recruitment efforts.
He said the planning process can begin in January 2017, with the goal to have specific
recommendations to present to both the EDC Board and the Board of County Commissioners
when complete. Mr. Johnson requested that the Board appoint two County Commissioners to
serve on appropriate task forces and subcommittees as may be needed.
On motion of Allen, seconded by McDowell, the Board voted unanimously to appoint
Commissioners Kidd and McDowell to serve on taskforces and subcommittees to ensure that the
EDC is structured to take maximum advantage of countywide industrial and business 04
recruitment opportunities to meet the countywide goals.
Rezoning Public Hearing
At 7:26 p.m., the Board entered into a duly advertised public hearing to consider rezoning
requests. Jay Dale, Planning Director, presented the following request and Chairman Allen
opened the public hearing then closed it after hearing comments.
JOSE FLORES, Asheboro, North Carolina, is requesting that 2.39 acres located at 7606 US
Hwy 220S, Richland Township, be rezoned from RA to LI -CD. Tax ID# 7665688138. Primary
Growth Area. The proposed Conditional Zoning District would specifically allow the
construction of an 80' x 125' warehouse storage building as per site plan. The Planning Board
reviewed this request at public meeting on December 6, 2016 and unanimously recommended
that this request be approved as consistent with the 2009 Growth Management Plan. The
Planning Board found the following policies within the 2009 Growth Management Plan that
support determination of consistency with the adopted plan with this recommendation are:
Policy 3.1 Industrial development should be on land that is physically suitable and has unique
locational advantages for industry. Advanced planning for the identification of such land should
be encouraged.
Policy 3.4 Warehousing, storage and distribution facilities should have direct access to
appropriate thoroughfares and should be visually buffered according to their location. (a
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Mr. Dale said Mr. Flores operates a sock manufacturing business and needs additional space
to package and ship.
Jose Flores was present and stated he was available if the Commissioners had any questions
for him.
On motion of McDowell, seconded by Haywood, the Board voted unanimously to approve the
request of Jose Flores as determined consistent with the standards and policies contained within
the Growth Management Plan and as outlined in the recommendations provided by the County
Planning Board; and having further found from information and testimony provided at public
hearing, that the proposed rezoning is reasonable and in the public interest.
Approval of Moving Forward for Special Legislation to Delegate Zoning Authority
Commissioner McDowell stated that one of the things the Board needs to be looking at going
forward is streamlining the way that planning and zoning is done in Randolph County in order to
be more efficient. He said he proposed to the Planning Director Jay Dale and the Planning staff
to do some research and provide an overview of the procedures that would be necessary if the
Board of County Commissioners voted to delegate to the County Planning Board the final
approval authority for rezoning applications that are not appealed to the County Commissioners.
Mr. Dale said he was apprehensive at first about the request because the NCGS 153A-321 is
pretty clear that the Planning Board is there to advise. He said he talked to the Piedmont Triad
Council of Governments and the UNC School of Government to seek out those who use this
is process. He said they are not sure of exactly how many communities use this system but were
able to identify some and Guilford County was one of them. He said everyone they had inquired
with had a favorable opinion of the system and pointed out that it worked well in streamlining
the process.
Mr. Dale explained that in order to delegate the authority for final zoning approval to the
Randolph County Planning Board, special legislation would be required. Mr. Dale said he has
spoken with Representative Allen McNeill concerning the legal procedures necessary for the
Randolph County Board of Commissioners to delegate final zoning authority to the Randolph
County Planning Board. He said a good example is the zoning case heard during this meeting
where there was no opposition and Mr. Flores could have begun his operation thirty days earlier.
It would speed up the process for developers and citizens. Citizens can appeal a decision; then
the Board of Commissioners would hear the request from the beginning.
The first step would be for the Randolph County Planning Department to draft the legislation.
Mr. Dale said they have looked at examples from different communities and realized that there is
considerable flexibility, which allows one to draft legislation that will best serve their
community. With that information, Planning staff created a rough draft of legislation and
included the preliminary proposal for the Board's consideration in the agenda packet. It would be
exclusive to Randolph County and its municipalities under the General Statute.
Once the Board approves the wording of the legislation, the second step would be to submit the
draft to one of the County's representatives to take before the North Carolina General Assembly.
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Representative McNeill or another representative would then take it to the North Carolina
Legislature's legal department for staff review to make sure there are no unforeseen legal
consequences or errors. From there it would go to Bill Drafting to be written up. Once the bill is
drafted, it would have to pass through the appropriate committee meeting. Then the bill would
go to the North Carolina House of Representatives and the North Carolina Senate for final
approval. According to Representative McNeill, this could take up to three months. The earliest
he could start the process would be late January.
Mr. Dale said if this legislation is passed, it would allow the municipalities to do the same
process if they wished to make that change. He has informed all but one of them so far.
If the bill is passed and the appropriate legislation obtained, the final step would be for the
Randolph County Board of Commissioners to make the appropriate amendments to the Randolph
County Unified Development Ordinance (UDO). A preliminary proposal for those amendments
was also included in the agenda packet.
Commissioner Haywood asked for clarification on the appeals process for the citizens. Mr.
Dale stated that any person aggrieved by the action of the Planning Board will have the right to
appeal the decision to the County Commissioners by giving notice in writing to the Planning
Director within 15 days after the Planning Board decision. In the case of an appeal, the Board of
County Commissioners shall hear the application de novo (anew) and make the final decision on
the rezoning petition. If the Planning Board action is appealed to the Board of County
Commissioners, the party pursuing the action shall pay a $100 fee payable to Randolph County.
Commissioner Haywood asked why they would have to pay another fee. Mr. Dale explained
that the fee was to defray administrative costs incurred in processing the appeal, notifying
adjacent property owners, obtaining technical assistance, and publishing the notice of public
hearing. Mr. Dale said they also thought that it would show some seriousness on the part of the
applicant. Commissioner Haywood said he had no problem sending the drafted legislation
forward if the fee was eliminated for an appeal. Mr. Dale replied that the Board of
Commissioners would decide on fees and the appropriate amendments to the Randolph County
Unified Development Ordinance once legislation was approved. The fee structure is not part of
the legislation request.
Chairman Allen said he didn't want to discourage people from an appeal, but he didn't want
frivolous ones either. Mr. Dale stated that was also the concern of the Planning Department. He
said Planning and Zoning fees have not been increased since its creation and currently don't fully
cover the administrative costs of each case for notifying adjacent property owners, obtaining
technical assistance and publishing the notice of public hearing.
Commissioner McDowell said another option the Board could consider was to charge a fee,
but if the Commissioners overturned the decision of the Planning Board, the fee could be
returned.
T]
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Chairman Allen said changes to the fees and amendments to the UDO regarding the process
(W for appeal wouldn't happen until after legislation was approved and the Board has a few months
to discuss this appeal process further.
Mr. Dale stated there is a statement in the legislation draft (second sentence of Section 1) that
needs to be updated prior to submission to read "the appointed planning board shall have such
authority only if and when the approval or denial of a rezoning application is by vote of a simple
majority of the members of the planning board or if an appeal is taken," instead of "at least three-
fourths of the members" of the Planning Board.
On motion of McDowell, seconded by Kidd, the board voted 3 to 1, with Haywood opposing,
to amend the draft legislation to read "The appointed planning board shall have such authority
only if and when the approval or denial of a rezoning application is by vote of a simple majority
of the members of the planning board or if an appeal is taken, " instead of "at least three-fourths
of the members of the Planning Board, " as follows:
GENERAL ASSEMBLY OF NORTH CAROLINA
2017 SESSION
CHAPTER
HOUSE BILL
ANACT TO ALLOW SPECIFIED COUNTYAND CITIES TO DELEGATE CERTAIN
REZONING AUTHORITY TO THE DESIGNATED PLANNING BOARD
The General Assembly of North Carolina enacts:
Section 1. A Board of County Commissioners may, by ordinance, delegate or assign to
the appointed planning board the authority to take final action on applications to rezoning
property in the County's zoning jurisdiction. The appointed planning board shall have such
authority only if and when the approval or denial of a rezoning application is by vote of simple
majority of the members of the planning board or if an appeal is taken, then the County
Commissioners shall have the authority to make final decisions on rezoning applications. Any
person aggrieved by the decision of the planning board shall have the right to appeal the action
of the planning board to the County Commissioners by giving notice in writing to the County
Planning Director within 15 days of the action of the planning board. In the case of an appeal,
the Board of County Commissioners shall hear the application de novo. The Board of County
Commissioners may, by ordinance, rescind any and all authority so delegated or assigned to the
appointed planning board at any time that the County Commissioners deems it advisable or
appropriate to do so. Any authority so delegated shall be exercised by the planning board under
such rules, regulations, and guidelines as may be established by the County Commissioners.
Section 2. A City Council may, by ordinance, delegate or assign to the appointed
planning board the authority to take final action on applications to rezone property in the City's
zoning jurisdiction. The appointed planning board shall have such authority only if and when
1/3/17
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the approval or denial of a rezoning application is by vote of at least three-fourths of the
members of the planning board or if an appeal is taken, then the City Council shall have the
authority to make final decisions on rezoning applications. Any person aggrieved by the action
of the appointed planning board shall have the right to appeal the action of the planning board
to the City Council by giving notice in writing to the City Manager within 15 days of the action
of the planning board. In the case of an appeal, the City Council shall hear the application de
novo. The City Council may, by ordinance, rescind any and all authority so delegated or
assigned to the appointed planning board at any time that the City Council deems it advisable or
appropriate to do so. Any authority so delegated shall be exercised by the planning board under
such rules, regulations, and guidelines as may be established by the City Council.
Section 3. Section I of this act applies only to Randolph County. Section 2 of this act
applies only to the City of Asheboro, the City of Archdale, and municipalities located wholly or
partly within Randolph County.
Section 4. This act is effective upon ratification.
In the General Assembly read three times and ratified this the day of , 2017.
Commissioner Kidd asked for clarification on what the Board is asking the Legislature to do
in this request. County Attorney Ben Morgan explained Randolph County is asking to adopt a
different process for zoning than what is covered in NCGS 153A-321. He said the Board will
not see cases like Mr. Flores', but requests similar to the Zoo City Motorsports will most likely
be appealed and come before the Commissioners. The Commissioners will not hear or see the
evidence presented to the Planning Board but will hear it for the first time and from the
beginning at a public hearing with the Board of Commissioners.
Commissioner McDowell said instead of 90 days it would only take 60 for a citizen to get an
answer in order to proceed. He said whether to charge a fee or not could be discussed later, but
he would like to move forward to streamline the zoning process. He added that he does agree the
Planning and Zoning Board will need more education about how to apply the UDO and a better
understanding of the process, especially new members. He said if the Commissioners are not
happy with the rules in the UDO, then they should be changed, but whatever is adopted is what
the Planning and Zoning Board will follow.
Commissioner Haywood reminded others that last month the Commissioners approved a
request that the Planning Board had declined. He then asked who would do the education.
Commissioner McDowell said the Attorney would be part of the education process.
On motion of McDowell, seconded by Kidd, the board voted 3 to 1, with Haywood opposing,
to move forward with the process to delegate to the County Planning Board final approval
authorityfor rezoning applications that are not appealed to the County Commissioners.
Adoption of Resolutions Concerning Establishment of Fire Service Districts for Bennett,
Coleridge -Erect, East Side, Fairgrove, Farmer, Franklinville, Julian, Tabernacle, and Westside;
and Capping Property Tax Rate
1/3/17
25
Aimee Scotton, Associate County Attorney, explained that initially, fire protection in Randolph
to County was provided, as it was most places, by small volunteer fire departments that supported
themselves solely through donations and local fundraising efforts. As population density and the
demand for services increased, this method of support became increasingly inadequate. Randolph
County responded by creating rural fire protection tax districts. These were formed by petition and
election. Each year, the board of county commissioners sets a tax rate for each district, levies the tax
and then provides fire protection by contracting with the local volunteer fire department. Once a rural
fire protection district has been formed, however, it is difficult to change it (expand, decrease, abolish
or change its maximum tax limit).
Prior to 2011, the majority of our rural fire protection districts were capped at a 15¢ tax rate. Two
of our districts, however, Guil-Rand and Climax, were capped at 10¢ due to the legislation that was in
place when they were formed and/or their method of formation. This caused them to be at a
disadvantage compared to other rural fire protection districts in the County. Because they were rural
fire protection districts, increasing their maximum tax rate was virtually impossible. Instead, the
County created county service districts for these two areas and capped them at 15¢ so that these two
departments could have the same rate limitations as all of the other departments in Randolph County.
Then, in 2014, it became necessary to merge the Sophia and the Tiger Country rural fire protection
districts. This merger was accomplished by forming a county service district, the Randleman -Sophia
District, comprised of the properties contained in the two rural fire protection districts.
Over the past two years, the County has been converting the remaining rural fire protection districts
to county service districts. This is because it is both confusing and cumbersome to have two different
types of fire protection districts (with different sets of legal requirements) in operation in the County.
County service districts are easier to administer than rural fire protection districts, particularly if there
is a need to move properties from one district to another. At this point, county service districts have
been formed for most of the rural fire protection districts. There are, however, nine county service
districts that still need to be created. These are Bennett, Coleridge -Erect, East Side, Fairgrove,
Farmer, Franklinville, Julian, Tabernacle and Westside.
A county service district for fire protection is created under North Carolina General Statutes 153A-
302 and 153A-309.2. Tonight, we are asking you to begin this process for those areas listed above.
The process to consider first for each proposed district is outlined below:
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 had provided a fact sheet in the agenda packet for each district
60 containing the items that are required to be considered. A resolution would need to be adopted
for each respective district if the following apply:
1/3/17
26
a) there is a demonstrable need for providing fire protection services in the district;
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 resolutions make certain the findings, call for the creation of a report (for each district) that
must be made available for public inspection and set public hearings on the creation of the respective
districts for 6:30 p.m. on March 6, 2017. The resolutions also state that the tax levied in the proposed
district for fire protection may not be in excess of a rate of fifteen (15) cents on each one hundred
dollars ($100) of property subject to taxation.
Ms. Scotton said it is important to note that, in preparation for the creation of these districts, Fire
Marshal Erik Beard reviewed the boundary lines of the district to ensure that no properties needed to
be moved from one district to another in order to improve their fire protection and/or entitle any
citizens to receive a break on their homeowner's insurance. For these remaining districts, there were
no properties that needed to be moved. The proposed county service districts, therefore, are
comprised of the exact same properties that are in the rural fire protection districts.
Ms. Scotton said if the Board passes the resolutions and sets the public hearings, staff will compile
the report and publish notices of the public hearings in accordance with state law for each proposed
district. ki
On motion of Kidd, seconded by McDowell, the Board voted unanimously to adopt
resolutions capping Bennett, Coleridge -Erect, East Side, Fairgrove, Farmer, Franklinville,
Julian, Tabernacle and Westside Fire Service District's Property Tax Rate at fifteen cents on
each one hundred dollars of property subject to taxation, direct the Associate County Attorney to
prepare the required report referenced in the resolutions, and to set a public hearing for each on
the matter for 6:30 p.m. on March 6, 2017, as follows:
RESOL UTION PROPOSING THE CREATION OF THE BENNETT FIRE
PROTECTION SER VICE DISTRICT AND CAPPING SAID PROPOSED
SERVICE DISTRICT TAX RATE AT FIFTEEN CENTS
WHEREAS, North Carolina General Statute 153A-309.2 allows a County to
establish a county service district for fire protection services with a tax rate
limitation of fifteen (1 S) cents per one hundred dollar ($100) valuation; and
WHEREAS, it has been requested that the Board of County Commissioners
create a county service district for fire protection for the Bennett Protection
District; and
WHEREAS, the Board has considered the population of the proposed district,
the appraised value of property in the proposed district, the present tax rates in
effect in the proposed district, the ability of the proposed district to sustain the
taxing of the proposed district, and other matters that the Board deemed relevant;
and
1/3/17
4 WHEREAS, the Board, having considered such matters, makes the following
findings:
1. There is a demonstrable need for providing fire protection services in the
proposed Bennett service district; and
2. It is impossible or impracticable to provide fire protection services on a
countywide basis; and
3. It is economically feasible to provide fire protection services in the
proposed Bennett service district without unreasonable or burdensome
annual tax levies; and
4. There is a demonstrable demand for fire protection services in the
proposed Bennett service district.
NOW, THEREFORE, BE IT RESOLVED, that the Board intends to pursue
the creation of a county service district for fire protection that mirrors the
existing Bennett Protection District and therefore sets a public hearing on the
matter for 6: 30 p. m. on March 6, 2017; and
BE IT FURTHER RESOLVED that a report shall be prepared containing a
map of the proposed district, a statement that the proposed district meets the
findings contained herein, and a plan for providing fire service to the proposed
district; and
BE IT STILL FURTHER RESOLVED that, after the public hearing
referenced above, if the proposed Bennett county service district for fire
protection is created, property taxes for fire protection within said district may
not be levied in excess of a rate of fifteen (15) cents on each one hundred dollars
($100) of property subject to taxation.
RESOLUTION PROPOSING THE CREATION OF THE COLERIDGE-
ERECT FIRE PROTECTION SER VICE DISTRICT AND CAPPING SAID
PROPOSED SERVICE DISTRICT TAX RATE AT FIFTEEN CENTS
WHEREAS, North Carolina General Statute 153A-309.2 allows a County to
establish a county service district for fire protection services with a tax rate
limitation of fifteen (15) cents per one hundred dollar ($100) valuation; and
WHEREAS, it has been requested that the Board of County Commissioners
create a county service district for fire protection for the Coleridge -Erect
Protection District; and
WHEREAS, the Board has considered the population of the proposed district,
the appraised value of property in the proposed district, the present tax rates in
effect in the proposed district, the ability of the proposed district to sustain the
taxing of the proposed district, and other matters that the Board deemed relevant;
and
WHEREAS, the Board, having considered such matters, makes the following
findings:
27
1/3/17
FMC
1. There is a demonstrable need for providing fire protection services in the
proposed Coleridge -Erect service district; and 46
2. It is impossible or impracticable to provide fire protection services on a
countywide basis; and
3. It is economically feasible to provide fire protection services in the
proposed Coleridge -Erect service district without unreasonable or
burdensome annual tax levies; and
4. There is a demonstrable demand for fire protection services in the
proposed Coleridge -Erect service district.
NOW, THEREFORE, BE IT RESOLVED, that the Board intends to pursue
the creation of a county service district for fire protection that mirrors the
existing Coleridge -Erect Protection District and therefore sets a public hearing
on the matter for 6:30 p.m. on March 6, 2017; and
BE IT FURTHER RESOLVED that a report shall be prepared containing a
map of the proposed district, a statement that the proposed district meets the
findings contained herein, and a plan for providing fire service to the proposed
district; and
BE IT STILL FURTHER RESOLVED that, after the public hearing
referenced above, if the proposed Coleridge -Erect county service district for fire
protection is created, property taxes for fire protection within said district may
not be levied in excess of a rate of fifteen (15) cents on each one hundred dollars
($100) of property subject to taxation.
RESOLUTION PROPOSING THE CREATION OF THE EAST SIDE
FIRE PROTECTION SERVICE DISTRICT AND CAPPING SAID
PROPOSED SERVICE DISTRICT TAX RATE AT FIFTEEN CENTS
WHEREAS, North Carolina General Statute 153A-309.2 allows a County to
establish a county service district for fire protection services with a tax rate
limitation offifteen (15) cents per one hundred dollar ($100) valuation; and
WHEREAS, it has been requested that the Board of County Commissioners
create a county service district for fire protection for the East Side Protection
District; and
WHEREAS, the Board has considered the population of the proposed district,
the appraised value of property in the proposed district, the present tax rates in
effect in the proposed district, the ability of the proposed district to sustain the
taxing of the proposed district, and other matters that the Board deemed relevant;
and
WHEREAS, the Board, having considered such matters, makes the following
findings:
1. There is a demonstrable need for providing fire protection services in the
proposed East Side service district; and 4
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2. It is impossible or impracticable to provide fire protection services on a
6-0 countywide basis; and
3. It is economically feasible to provide fire protection services in the
proposed East Side service district without unreasonable or burdensome
annual tax levies; and
4. There is a demonstrable demand for fire protection services in the
proposed East Side service district.
NOW, THEREFORE, BE IT RESOLVED, that the Board intends to pursue
the creation of a county service district for fire protection that mirrors the
existing East Side Protection District and therefore sets a public hearing on the
matter for 6: 30 p. m. on March 6, 2017; and
BE IT FURTHER RESOLVED that a report shall be prepared containing a
map of the proposed district, a statement that the proposed district meets the
findings contained herein, and a plan for providing fire service to the proposed
district; and
BE IT STILL FURTHER RESOLVED that, after the public hearing
referenced above, if the proposed East Side county service district for fire
protection is created, property taxes for fire protection within said district may
not be levied in excess of a rate of fifteen (15) cents on each one hundred dollars
($100) of property subject to taxation.
RESOLUTION PROPOSING THE CREATION OF THE FAIRGROVE
FIRE PROTECTION SER VICE DISTRICT AND CAPPING SAID
PROPOSED SERVICE DISTRICT TAX RATE AT FIFTEEN CENTS
WHEREAS, North Carolina General Statute 153A-309.2 allows a County to
establish a county service district for fire protection services with a tax rate
limitation of fifteen (15) cents per one hundred dollar ($100) valuation; and
WHEREAS, it has been requested that the Board of County Commissioners
create a county service district for fire protection for the Fairgrove Protection
District; and
WHEREAS, the Board has considered the population of the proposed district,
the appraised value of property in the proposed district, the present tax rates in
effect in the proposed district, the ability of the proposed district to sustain the
taxing of the proposed district, and other matters that the Board deemed relevant;
and
WHEREAS, the Board, having considered such matters, makes the following
findings:
1. There is a demonstrable need for providing fire protection services in the
proposed Fairgrove service district; and
2. It is impossible or impracticable to provide fire protection services on a
countywide basis; and
29
1/3/17
30
3. It is economically feasible to provide fire protection services in the
proposed Fairgrove service district without unreasonable or burdensome
annual tax levies; and
4. There is a demonstrable demand for fire protection services in the
proposed Fairgrove service district.
NOW, THEREFORE, BE IT RESOLVED, that the Board intends to pursue
the creation of a county service district for fire protection that mirrors the
existing Fairgrove Protection District and therefore sets a public hearing on the
matter for 6:30 p.m. on March 6, 2017; and
BE IT FURTHER RESOLVED that a report shall be prepared containing a
map of the proposed district, a statement that the proposed district meets the
findings contained herein, and a plan for providing fire service to the proposed
district; and
BE IT STILL FURTHER RESOLVED that, after the public hearing
referenced above, if the proposed Fairgrove county service district for fire
protection is created, property taxes for fire protection within said district may
not be levied in excess of a rate of fifteen (15) cents on each one hundred dollars
($100) of property subject to taxation.
RESOLUTION PROPOSING THE CREATION OF THE FARMER
FIRE PROTECTION SERVICE DISTRICT AND CAPPING SAID
PROPOSED SERVICE DISTRICT TAX RATEA T FIFTEEN CENTS to
WHEREAS, North Carolina General Statute 153A-309.2 allows a County to
establish a county service district for fire protection services with a tax rate
limitation offifteen (15) cents per one hundred dollar ($100) valuation; and
WHEREAS, it has been requested that the Board of County Commissioners
create a county service district for fire protection for the Farmer Protection
District; and
WHEREAS, the Board has considered the population of the proposed district,
the appraised value of property in the proposed district, the present tax rates in
effect in the proposed district, the ability of the proposed district to sustain the
taxing of the proposed district, and other matters that the Board deemed relevant;
and
WHEREAS, the Board, having considered such matters, makes the following
findings:
1. There is a demonstrable need for providing fire protection services in the
proposed Farmer service district; and
2. It is impossible or impracticable to provide fire protection services on a
countywide basis; and
3. It is economically feasible to provide fire protection services in the
proposed Farmer service district without unreasonable or burdensome
annual tax levies; and
1/3/17
31
4. There is a demonstrable demand for fire protection services in the
proposed Farmer service district.
040
NOW, THEREFORE, BE IT RESOLVED, that the Board intends to pursue
the creation of a county service district for fire protection that mirrors the
existing Farmer Protection District and therefore sets a public hearing on the
matter for 6: 30 p. m. on March 6, 2017; and
BE IT FURTHER RESOLVED that a report shall be prepared containing a
map of the proposed district, a statement that the proposed district meets the
findings contained herein, and a plan for providing fire service to the proposed
district; and
BE IT STILL FURTHER RESOLVED that, after the public hearing
referenced above, if the proposed Farmer county service district for fire
protection is created, property taxes for fire protection within said district may
not be levied in excess of a rate of fifteen (15) cents on each one hundred dollars
($100) of property subject to taxation.
RESOLUTION PROPOSING THE CREATION OF THE FR,4NKLINVILLE
FIRE PROTECTION SERVICE DISTRICT AND CAPPING SAID
PROPOSED SERVICE DISTRICT TAX RATE AT FIFTEEN CENTS
WHEREAS, North Carolina General Statute 153A-309.2 allows a County to
establish a county service district for fire protection services with a tax rate
limitation of fifteen (15) cents per one hundred dollar ($100) valuation; and
WHEREAS, it has been requested that the Board of County Commissioners
create a county service district for fire protection for the Franklinville Protection
District; and
WHEREAS, the Board has considered the population of the proposed district,
the appraised value of property in the proposed district, the present tax rates in
effect in the proposed district, the ability of the proposed district to sustain the
taxing of the proposed district, and other matters that the Board deemed relevant;
and
WHEREAS, the Board, having considered such matters, makes the following
findings:
1. There is a demonstrable need for providing fire protection services in the
proposed Franklinville service district; and
2. It is impossible or impracticable to provide fire protection services on a
countywide basis; and
3. It is economically feasible to provide fire protection services in the
proposed Franklinville service district without unreasonable or
burdensome annual tax levies; and
4. There is a demonstrable demand for fire protection services in the
proposed Franklinville service district.
1/3/17
32
NOW, THEREFORE, BE IT RESOLVED, that the Board intends to
pursue the creation of a county service district for fire protection that mirrors the
existing Franklinville Protection District and therefore sets a public hearing on `•rte
the matter for 6: 30 p. m. on March 6, 2017; and
BE IT FURTHER RESOLVED that a report shall be prepared
containing a map of the proposed district, a statement that the proposed district
meets the findings contained herein, and a plan for providing fire service to the
proposed district; and
BE IT STILL FURTHER RESOLVED that, after the public hearing
referenced above, if the proposed Franklinville county service district for fire
protection is created, property taxes for fire protection within said district may
not be levied in excess of a rate of fifteen (15) cents on each one hundred dollars
($100) of property subject to taxation.
RESOL UTION PROPOSING THE CREATION OF THE JULIAN
FIRE PROTECTION SER VICE DISTRICT AND CAPPING SAID
PROPOSED SERVICE DISTRICT TAX RATE AT FIFTEEN CENTS
WHEREAS, North Carolina General Statute 153A-309.2 allows a County to
establish a county service district for fire protection services with a tax rate
limitation of fifteen (15) cents per one hundred dollar ($100) valuation; and
WHEREAS, it has been requested that the Board of County Commissioners
create a county service district for fire protection for the Julian Protection1J
District; and
WHEREAS, the Board has considered the population of the proposed district,
the appraised value of property in the proposed district, the present tax rates in
effect in the proposed district, the ability of the proposed district to sustain the
taxing of the proposed district, and other matters that the Board deemed relevant;
and
WHEREAS, the Board, having considered such matters, makes the following
findings:
1. There is a demonstrable need for providing fire protection services in the
proposed Julian service district; and
2. It is impossible or impracticable to provide fire protection services on a
countywide basis; and
3. It is economically feasible to provide fire protection services in the
proposed Julian service district without unreasonable or burdensome
annual tax levies; and
4. There is a demonstrable demand for fire protection services in the
proposed Julian service district.
NOW, THEREFORE, BE IT RESOLVED, that the Board intends to pursue
the creation of a county service district for fire protection that mirrors the
1/3/17
33
existing Julian Protection District and therefore sets a public hearing on the
matter for 6: 30 p. m. on March 6, 2017; and
BE IT FURTHER RESOLVED that a report shall be prepared containing a
map of the proposed district, a statement that the proposed district meets the
findings contained herein, and a plan for providing fire service to the proposed
district; and
BE IT STILL FURTHER RESOLVED that, after the public hearing
referenced above, if the proposed Julian county service district for fire protection
is created, property taxes for fire protection within said district may not be levied
in excess of a rate of fifteen .(15) cents on each one hundred dollars ($100) of
property subject to taxation.
RESOL UTION PROPOSING THE CREATION OF THE TABERNACLE
FIRE PROTECTION SER VICE DISTRICT AND CAPPING SAID
PROPOSED SERVICE DISTRICT TAX RATE AT FIFTEEN CENTS
WHEREAS, North Carolina General Statute 153A-309.2 allows a County to
establish a county service district for fire protection services with a tax rate
limitation of fifteen (15) cents per one hundred dollar ($100) valuation; and
WHEREAS, it has been requested that the Board of County Commissioners
create a county service district for fire protection for the Tabernacle Protection
District; and
WHEREAS, the Board has considered the population of the proposed district,
the appraised value of property in the proposed district, the present tax rates in
effect in the proposed district, the ability of the proposed district to sustain the
taxing of the proposed district, and other matters that the Board deemed relevant;
and
WHEREAS, the Board, having considered such matters, makes the following
findings:
1. There is a demonstrable need for providing fire protection services in the
proposed Tabernacle service district; and
2. It is impossible or impracticable to provide fire protection services on a
countywide basis; and
3. It is economically feasible to provide fire protection services in the
proposed Tabernacle service district without unreasonable or burdensome
annual tax levies; and
4. There is a demonstrable demand for fire protection services in the
proposed Tabernacle service district.
NOW, THEREFORE, BE IT RESOLVED, that the Board intends to pursue
the creation of a county service district for fire protection that mirrors the
existing Tabernacle Protection District and therefore sets a public hearing on the
matter for 6:30 p. m. on March 6, 2017; and
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34
BE IT FURTHER RESOLVED that a report shall be prepared containing a
map of the proposed district, a statement that the proposed district meets the -14
findings contained herein, and a plan for providing fire service to the proposed
district; and
BE IT STILL FURTHER RESOLVED that, after the public hearing
referenced above, if the proposed Tabernacle county service district for fire
protection is created, property taxes for fire protection within said district may
not be levied in excess of a rate of fifteen (1 S) cents on each one hundred dollars
($100) of property subject to taxation.
RESOLUTION PROPOSING THE CREATION OF THE WESTSIDE
FIRE PROTECTION SER VICE DISTRICT AND CAPPING SAID
PROPOSED SERVICE DISTRICT TAX RATE AT FIFTEEN CENTS
WHEREAS, North Carolina General Statute 153A-309.2 allows a County to
establish a county service district for fire protection services with a tax rate
limitation of fifteen (1 S) cents per one hundred dollar ($100) valuation; and
WHEREAS, it has been requested that the Board of County Commissioners
create a county service district for fire protection for the Westside Protection
District; and
WHEREAS, the Board has considered the population of the proposed district,
the appraised value of property in the proposed district, the present tax rates in
effect in the proposed district, the ability of the proposed district to sustain the
taxing of the proposed district, and other matters that the Board deemed relevant;
and
WHEREAS, the Board, having considered such matters, makes the following
findings:
1. There is a demonstrable need for providing fire protection services in the
proposed Westside service district; and
2. It is impossible or impracticable to provide fire protection services on a
countywide basis; and
3. It is economically feasible to provide fire protection services in the
proposed Westside service district without unreasonable or burdensome
annual tax levies; and
4. There is a demonstrable demand for fire protection services in the
proposed Westside service district.
NOW, THEREFORE, BE IT RESOLVED, that the Board intends to pursue
the creation of a county service district for fire protection that mirrors the
existing Westside Protection District and therefore sets a public hearing on the
matter for 6: 30 p. m. on March 6, 2017; and
BE IT FURTHER RESOLVED that a report shall be prepared containing a
map of the proposed district, a statement that the proposed district meets the
1/3/17
35
findings contained herein, and a plan for providing fire service to the proposed
kw
district; and
BE IT STILL FURTHER RESOLVED that, after the public hearing
referenced above, if the proposed Westside county service district for fire
protection is created, property taxes for fire protection within said district may
not be levied in excess of a rate of fifteen (15) cents on each one hundred dollars
($100) of property subject to taxation.
Approval to Donate Surplus Ambulance to Thomasville Police Department
Emergency Services Director Donovan Davis stated that a representative from the
Thomasville Police Department had asked if Randolph County had a surplus ambulance
available for donation. They are in need of such vehicle to use as a crime scene investigation
vehicle. Mr. Davis said the County has one surplus ambulance available that would be suitable
for their need. It is a 2010 Chevrolet 4500 vehicle no longer fit for daily emergency response
due to high mileage and age. He said historically, the County receives around $5,000 to $6,000
for a surplus ambulance at auction. Thomasville PD does have jurisdiction in Randolph County.
Mr. Davis requested the Board consider declaring surplus and donating EMS -4, VIN #
IGB9G5B65A1116862, to the Thomasville Police Department, as allowed under NC General
Statute; and, to authorize the Purchasing Officer to sign and process the necessary documents. A
resolution will need to be adopted to effectuate the process.
On motion of Haywood, seconded by McDowell, the Board voted unanimously to adopt a
resolution authorizing the donation of the surplus 2010 Chevrolet 4500 ambulance to the
Thomasville Police Department, as follows:
RESOLUTION DONATING SURPLUS VEHICLE
TO THOMASVILLE POLICE DEPARTMENT
WHEREAS, NCGS 160A-265 authorizes the Randolph County Board of
Commissioners to dispose of surplus personal property and NCGS 160A-274
authorizes the donation to any other governmental unit by declaring it surplus
and adopting a resolution; and
WHEREAS, Randolph County has declared a 2010 Chevrolet 4500 (VIN#:
I GB9G5B65AH 16862) as surplus on January 3, 2017; and
WHEREAS, Randolph County has received a request from Thomasville Police
Department to have this vehicle donated to them to be used as a crime scene
investigation vehicle; and
NOW, THEREFORE, BE IT RESOLVED that the Randolph County Board
of Commissioners declare that this vehicle be donated to Thomasville Police
Department.
BE IT FURTHER RESOLVED that Lisa Garner, Purchasing Officer, is
authorized to handle the transfer of this vehicle to Thomasville Police
Department.
Approval of Purchase of Furnishing for New Emerizency Services Headquarters
1/3/17
36
Emergency Services Director Donovan Davis stated that the new Emergency Services
Headquarters facility is currently scheduled to be completed in March 2017. They have
interviewed two different all-inclusive furnishing companies; Piedmont Office Suppliers
(Greensboro, NC) and Contemporary Galleries (Salisbury, NC). Piedmont Office Suppliers
provided a proposal on all furnishings under the NC State Contract. This includes desks, chairs,
conference tables, drafting tables, shelving, etc. Contemporary Galleries also provided a
proposal, but staff did not feel they met the qualifications. Furniture at the back-up facility on N.
Fayetteville St. will remain there for back-up operations.
Piedmont Office Suppliers, Inc. specializes in providing single source office solutions and has
provided a quote of $164,454.19 to purchase, install, and set up the furniture in the new facility.
Funds are allocated for this purchase in the Emergency Services Headquarters budget.
On motion of Haywood, seconded by Kidd, the Board voted unanimously to approve the
purchase of the furnishings for the Emergency Services Headquarters from Piedmont Office
Suppliers, Inc., in the amount of $164,454.19.
County Manager's Update
County Manager Hal Johnson said he wanted to let the Board know about a process the
County is undertaking regarding Business Continuity Planning that is part of the Enhanced Risk
Management Program of the County. He explained that county government encompasses the
provision of critical services to citizens involving substantial expenditures of public funds. The
Business Continuity Plan is currently being developed by Department Heads and senior staff to
ensure service is provided and funds protected in an unforeseen or disaster situation. He said
there would be more information and an update at the planning retreat.
County Manager Johnson informed the Board that the County had received a check from the
City of Trinity for $10,500 from the Ennis Flint sewer project that the County had funded. The
project came in under budget.
County Manager Johnson complimented Attorney Ben Morgan on the handling of the closing
of the Walker Avenue building and the Klaussner Furniture property. Chairman Allen stated
Sandhills is very excited about moving forward with the Facility Based Crisis Center to be
located on Walker Ave.
Adjournment
At 8:23 p.m., on motion of McDowell, seconded by Kidd, the Board voted unanimously to
adjourn.
David LAMM-, Chairman
S aywood envy K d
1/3/17
Maxton McDowell
C�
�J
Amanda Varner, Clerk to the Board
37
1/3/17