040317April 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, Frye, Haywood, Kidd and McDowell were present. Also present were
County Manager Hal Johnson; Finance Officer Will Massie; Amanda Varner, Clerk to the
Board; and Dana Crisco, Deputy Clerk to the Board. Dr. Bob Shackleford, RCC President, gave
the invocation. Gold Award Girl Scouts led the Pledge of Allegiance.
Chairman Allen announced that County Attorney Ben Morgan's wife gave birth to their third
son and he would not be present.
Consent Agenda
On motion of Frye, seconded by Kidd, the Board voted unanimously to approve the Consent
Agenda, as follows:
• approve Board of Commissioners minutes of regular meeting and four sets of closed
session minutes of 3/6/17; 3120117 special meeting joint public hearing; and 3122117
special meeting -retreat;
• unseal minutes of 216117 closed session III -Petty's Garage, 216117 closed session I -
Project Mighty, and 316117 closed session I -Project Mighty;
• appoint Tammy Bennett to the Randolph County Juvenile Crime Prevention Council;
• reappoint Jan Hancock to the Adult Care Home Community Advisory Committee;
• reappoint Hal Kirkman to the Liberty Planning and Zoning (ETJ);
• adopt a proclamation honoring the Faith Christian School 2016 Baseball Team's NC
Christian School Association 2016 State 2-A Baseball Championship, as follows:
Proclamation Honoring Faith Christian School's
Baseball Team's 2016 NCCSA State 2-A Championship
WHEREAS, the Faith Christian School Baseball Team, on May 14, 2016,
earned the title of North Carolina Christian School Association State 2-A High
School Baseball Champions with a 4-1 victory over Bethel Christian Academy;
and
WHEREAS, Faith Christian School Baseball players and coaches, led by
Head Coach Rob Cassell, demonstrated the teamwork and dedication necessary
to produce a successful and impressive winning season of 14-1; and
WHEREAS, Faith Christian School Baseball players and coaches have
created a positive image for their peers and the citizens of Randolph County and
surrounding areas; and
WHEREAS, Faith Christian Baseball Team has exhibited athletic ability and
great sportsmanship, both on and off the field, thereby bringing pride and
recognition not only to the team itself, but also to Randolph County and its
citizens.
NOW, THEREFORE, BE IT PROCLAIMED that the Randolph County
Board of Commissioners officially acknowledges the talents, skills, teamwork,
sportsmanship and successes of the Faith Christian School Eagles' Baseball
Team, the 2016 North Carolina High School Athletic Association State 2-A
baseball champions, and, on behalf of our citizens, does hereby extend this
expression of our pride in this prestigious milestone and wish them well on their
future endeavors.
• adopt a proclamation honoring Faith Christian School Ladies Basketball Team's 2017
North Carolina Christian School Association 2-A State Championship, as follows:
Proclamation Honoring Faith Christian School's
Ladies Basketball Team's 2017NCCSA 2-A Championship
WHEREAS, the Faith Christian School Ladies Basketball Team, on Saturday,
February 25, 2017, earned the 2017 North Carolina Christian School Association
2-A Basketball Championship title, in Winston Salem, North Carolina, compiling
an impressive 23-3 season; and
WHEREAS, Faith Christian School's players and coaches, led by Head
Coach Bruce McLanahan, demonstrated the teamwork and dedication necessary
to produce a successful and winning season; and
WHEREAS, Faith Christian School's players and coaches have created a
positive image for their peers and the citizens of Randolph County and
surrounding areas; and
WHEREAS, the Faith Christian School Ladies Basketball Team has exhibited
athletic ability and great sportsmanship, both on and off the court, thereby
bringing pride and recognition, not only to Faith Christian School but also to
Randolph County and its citizens.
NOW, THEREFORE, BE IT PROCLAIMED by the Randolph County Board
of Commissioners that we acknowledge the talents, skills, teamwork,
sportsmanship, and successes of the Faith Christian School Lady Eagles'
Basketball Team: the 2017 North Carolina Christian School State Association 2-
A Champions, and, on behalf of our citizens, we do hereby extend this expression
of our pride in this prestigious milestone and wish them well in their future
endeavors.
• adopt the Spring Litter Sweep Proclamation (April 15 -April 29), as follows:
Spring Litter Sweep Proclamation - April 15 — April 29, 2017
WHEREAS, the North Carolina Department of Transportation organizes an
annual spring statewide roadside cleanup to ensure clean and beautiful roads in
North Carolina; and
WHEREAS, the spring 2017 LITTER SWEEP roadside cleanup will take
place April 15 April 29, 2017, and encourages local governments and
communities, civic and professional groups, businesses, churches, schools,
families and individual citizens to participate in the Department of Transportation
cleanup by sponsoring and organizing local roadside cleanups; and
WHEREAS, Adopt -A -Highway volunteers, Department of Transportation
employees, Department of Correction inmates and community service workers,
local government agencies, community leaders, civic and community
organizations, businesses, churches, schools, and environmentally concerned
citizens conduct annual local cleanups during LITTER SWEEP and may receive
certificates of appreciation for their participation; and
WHEREAS, the great natural beauty of our state and a clean environment
are sources of great pride for all North Carolinians, attracting tourists and aiding
in recruiting new industries; and
WHEREAS, the cleanup will increase awareness of the need for cleaner
roadsides, emphasize the importance of not littering, and encourage recycling of
solid wastes; and
WHEREAS, the spring 2017 LITTER SWEEP cleanup will celebrate the
29th anniversary of the North Carolina Adopt -A -Highway program and its 5,760
volunteer groups that donate their labor and time year-round to keep our
roadsides clean; and
WHEREAS, the LITTER SWEEP cleanup will be a part of educating the
children of this great state regarding the importance of a clean environment to
the quality of life in North Carolina;
WHEREAS, Governor Roy Cooper proclaimed April 15 April 29, 2017, as
"LITTER SWEEP" time in North Carolina and encourages all citizens in all 100
counties to take an active role in making their communities cleaner; and
WHEREAS, the Randolph County Board of Commissioners, on March 12,
2001, voted unanimously to give blanket approval for waiver of tipping fees at the
solid waste facility for the Department of Transportation as they bring in the
debris collected during any of their spring or fall Litter Sweep Roadside Cleanup
programs;
NOW, THEREFORE, the Randolph County Board of Commissioners join
with the Governor and Department of Transportation and also proclaim April 15
April 29, 2017, as "LITTER SWEEP" time in Randolph County and urge all
citizens to participate.
• approve Budget Amendment 932 for Juvenile Dav Reporting Center ($5.040), as follows:
2016-2017 Budget Ordinance
General Fund—Budget Amendment #32
Revenues
Increase
Decrease
DJJDP Grant
$5,040
Appropriations
Increase
Decrease
Operating Expenditures
$5,040
• approve surety bond for appointed official: Capt. Derrick Hill/Jail ($10, 000)
Special Recognition – Girl Scout Gold Award Recipients
Girl Scout Gold Award Counselor Brenda Newsome introduced Sadie Richau and Eve
Hutchens who have received their Gold Award, which is the highest honor in Girl Scouting. She
gave a brief description of each Girl Scout's project. Chairman Allen presented Certificates of
Recognition to each for their accomplishments on behalf of the Commissioners.
Special Recognition — Faith Christian School Ladies Basketball Team / 2017 NC Christian
School Association State 2-A Champions
Chairman Allen read aloud the proclamation that was approved on the consent agenda
recognizing the Faith Christian School Ladies Basketball Team for winning the 2017 NC
Christian School Association 2-A State Championship and presented Coach Bruce McLanahan
and the team with the proclamation.
Special Recognition — Faith Christian School 2016 Baseball Team / NC Christian School
Association State 2-A Baseball Champions
Chairman Allen read aloud the proclamation that was approved on the consent agenda
recognizing the 2016 Faith Christian School Baseball Team for winning the 2016 NC Christian
School Association 2-A State Championship and presented Coach Rob Cassell and the team with
the proclamation.
Public Comment Period
Pursuant to N.C.G.S. § 153A-52.1, Chairman Allen opened the floor for public comment and
read aloud the Rules of Procedure for Public Comment Period.
Alan Ferguson, 4794 Troy Smith Rd., Liberty, said he wanted to bring to the Board's
attention a problem on Troy Smith Road. The problem is with the piles of debris from structures
which have been torn down on property owned by the Megasite partners. Mr. Ferguson had
emailed photographs to the Commissioners earlier in the afternoon which illustrated the problem.
He said that the images were taken from Troy Smith Road, clearly in sight of anyone, and the
piles stretch for several hundred yards along the road. He stated that since the demolition of the
structures weeks ago, no effort seems to have been made to haul away this trash.
He said they need this removed for a number of obvious and other not so readily apparent
reasons. Of course it is "ugly and dangerous." "We argued in winter of last year that the change
of these parcels from residential -agricultural to a heavy industrial designation was incompatible
with the community." He asked each of the Board to consider how they would like this across
from their residence. Mr. Ferguson is concerned for those with mortgages and refinancing of
those mortgages because appraisals of value are very important. Mr. Ferguson stated, "I do not
want anyone appraising my property to drive up and down my road right now looking at
comparable property."
Mr. Ferguson said he hoped the Board understood these concerns and asked for help to see
that it is cleaned up.
Chairman Allen asked Mr. Ferguson if he knew who the parcel owners were of those in the
pictures that he sent. Mr. Ferguson said he was not sure on all the properties but explained that
one picture that was presented has a County "no trespassing" sign in front on the pile of debris.
County Manager Hal Johnson said the County will investigate this report and thanked Mr.
Ferguson for sending the pictures and letting the County know about the issues along Troy Smith
Road. He said because of the size of Randolph County it is hard for the staff to monitor all
roads/properties frequently and that it often takes a citizen's report before the County knows
there is a problem.
Economic Development—Sapona Plastics
Randolph County Economic Development Corporation (EDC) Vice President Kevin Franklin
stated that Sapona Plastics, a plastic injection molding company founded in 2004, has closed on
the purchase of the former Luck's property located on 798 NC Hwy 705 in Seagrove. He said the
company manufactures such things as lip balm containers, grill cleaning brushes, items for the
telecommunications and fiber optics industry, lawn and garden buckets, etc. The company plans
to use the renovated structure for expanded production of an existing line as well as to relocate
brush production from the main facility north of town to make room for additional production
there. They anticipate investment of $1,475,790 in new equipment at this facility over a two-
year period.
The company is seeking financial assistance to complete the renovations to the 91,833 square
foot former warehouse building which lies within the Town of Seagrove. In order to occupy the
building, significant repairs, upgrades and installations are needed. These include upgrading the
sprinkler system for plastic storage, HVAC replacement, repairs and remodeling, lighting,
electrical installation and repairs, replacement of dock doors and levelers, and roofing
replacement. Total cost for renovation is estimated at $569,501.
Sapona Plastics has 96 employees and is committed to the creation of 25 new jobs over an 18 -
month period. The jobs meet the grant wage requirement and the company offers health
insurance benefits for employees. Based on job creation and an average wage of $30,678, which
exceeds the county average wage, the project is eligible for a $250,000 Existing Business
Building Reuse Grant. The grant requires a 5% match totaling $12,500. The EDC requested that
the County consider the request to partner with the Town of Seagrove in an equal share of the
required 5% local government match totaling $12,500 for a $250,000 grant. Mr. Franklin said the
Town of Seagrove has authorized submission of a grant application and will serve as the
applicant for the grant which, if funded, will be administered by the EDC.
He said if the County approves the requested funding, the EDC anticipates a return on
investment in less than two years based on the projected company investment in equipment.
Mr. Franklin said the company is very community oriented and has provided space for the
annual Seagrove Pottery Festival and the Robin Sage military training exercises.
Commissioner Frye asked if there was a connection between this company and Sapona
Manufacturing. Sapona Plastics representative Dean Lail replied and stated that Sapona
Manufacturing is 50% owner of Sapona Plastics.
At 6:30 p.m., the Board adjourned to a duly advertised public hearing to receive public
comment on a partnership with the Town of Seagrove to supply 50% of the required 5% grant
match on behalf of Sapona Plastics.
David Fernandez, Mayor of Seagrove, spoke on behalf of the Town of Seagrove and in favor
of the grant request. He said Sapona has been a good corporate neighbor. The company gives
free use of the building for the Seagrove Pottery Festival. He said the company has also
requested voluntary annexation to get the remaining pieces of their property into the Seagrove
city limits. He said Seagrove is a small municipality and this funding puts them at a risk but that
they are willing to take on the possibility of failure if that was to actually happen.
At 6:31 p.m., hearing no further comments the public hearing was closed.
Commissioner Frye said the reason he asked the relationship question was to make the point
that Sapona Plastics and Sapona Manufacturing are well established companies in Randolph
County and knowing the leadership, he doesn't think "this company would be going into this
venture without knowing what they were doing." He said he thinks it is a great situation for the
company and the people of Seagrove.
Commissioner McDowell stated this is a great opportunity for the southern part of Randolph
County.
On motion of Haywood, seconded by McDowell, the Board voted unanimously to authorize
the County to partner with the Town of Seagrove in an equal share of the required 5% local
government match or $6,250, on behalf of Sapona Plastics.
Economic Development—Proiect Yates Update/Set Public Hearing
Randolph County Economic Development Corporation (EDC) Vice President Kevin Franklin
said the EDC office is working with a client that is considering the former Yates Ham facility on
NC 49 in Asheboro for a new food processing operation. This long vacant building is bank
owned and will need repairs and renovations. They are seeking a Building Reuse Grant from the
NC Dept. of Commerce to assist with the costs of those repairs and renovations.
The Building Reuse Grant program supports job creation and productive reuse of vacant
facilities with grants to make structural improvements to eligible buildings. Each grant dollar
must be matched by the company and the program requires that the applicant be a unit of local
government. A 5% cash match is required. The company will seek the maximum grant of
$500,000, funded at $12,500 for each new job. That requires a total local public match of
$25,000, that if approved would be $12,500 for each local government. For this project, the
applicant would be the City of Asheboro.
This is a manufacturing and agri-business project. The client company would operate a
slaughter floor operation to cut meat and package it for distribution. They currently operate a
slaughterhouse in another NC county and supply custom meat and packaging. The company
operates a cattle ranch and then does its own processing. This is a highly regulated business with
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a strong reputation with NC Dept. of Agriculture and US Dept. of Agriculture. The building is
already zoned for this use.
He said the total investment would be $3,400,000 with the creation of 40 new jobs at an
average wage of $28,600. They plan to begin in the summer of 2017.
Mr. Franklin asked that the Board set a public hearing to consider $12,500 in matching funds
for a building reuse grant. He said they would be addressing the Asheboro City Council at their
meeting this Thursday and would also be asking them to set a public hearing for this
consideration.
On motion of Haywood, seconded by Kidd, the Board voted unanimously to set a public
hearing for Monday, May 1st at 6: 30 p.m. to consider economic incentives for Project Yates.
Annual Report of the Child Fatality Prevention/Community Child Protection Team
Public Health Director Susan Hayes and DSS Director Beth Duncan, in accordance with
NCGS 143-576.1(a)(2), gave annual reports of the Child Fatality Prevention/Community Child
Protection Team (CCPT) that included recommendations for systems improvements that may
prevent child fatalities in Randolph County.
Child Fatality Prevention Team
The purpose of the Child Fatality Prevention Team is to review the deaths of all Randolph
County children. The review is to determine if system problems exist that contributed in any
way to the delay of or lack of services that might have prevented the death. If gaps exist, the
team works to improve/add services that will prevent problems for families in the future.
There were 16 child deaths reviewed. Most were from perinatal conditions, unsafe sleep
environment for children age one month to one year, and other unspecified causes. Ms. Hayes
said the team made the following recommendation:
1. Address Safe Sleep - Randolph County Health Department's case management program
received and distributed 36 bassinets. Bassinets and education on safe sleep were
provided to parents. The importance of safe sleep to prevent SIDS and SIDS -like deaths
was stressed with each family. (Babies should not sleep in the bed with parents.)
2. Provide Training Regarding Substance Abuse — The training on substance abuse was
provided by Mike Sheron, SBI. Community partners were invited to attend the June
2016 training. The meeting was well attended and informative.
Community Child Protection Team
The purpose of the Community Child Protection Team (CCPT) is to identify systemic
deficiencies in child welfare services or resources. Once identified, teams develop strategies to
address the gaps in the child welfare system within the county. The CCPT reviewed eight cases
during the past year (January 2016 -December 2016). Ms. Duncan said the team identified the
following gaps and recommendations:
• Financial constraints when trying to establish permanence for children with their
caretakers (recommended looking into Legal Aid Services).
• Limited local substance abuse treatment centers (recommended utilizing neighboring
counties).
• Limited public transportation for families in rural areas (recommended looking into
community transportation such as PART).
• Limited resources for the homeless (recommended exploring resources in neighboring
counties).
Ms. Duncan said the State Division of Social Services did not conduct any Intensive Fatality
Reviews. While there were 16 child fatalities in Randolph County, none of the deaths met the
state criteria for an Intensive Fatality Review because there was no involvement by a department
of social services with the child and family within the twelve month period preceding the death
of the child.
Rezoning Public Hearing
At 7:03 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.
DARRIN FREE, Sophia, North Carolina, is requesting that 2 acres located on Roy Farlow
Road (just east of Creek Drive), New Market Township, from RBO-CD to RBO-CD. Tax ID#
77268353520. Primary Growth Area. The applicant is specifically requesting that the existing
Conditional District Permit be replaced by a Conditional Permit that would specifically allow the
property to be used for an Automotive Storage Yard (excluding wrecked and/or junked vehicles).
The Planning Board reviewed this request at public meeting on March 7, 2017, 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 3.11 New rural industrial development shall be located in areas of the site that would
lesson impact to adjoining residential and agricultural lands.
Policy 3.12 New rural industrial development should provide site specific development plans
along with vegetated buffers or other landscaping designed to reduce substantial impacts to
adjoining land uses.
Mr. Dale said Mr. Free has agreed to comply with zoning regulations and is cleaning up the
property. He also added that the Unified Development Ordinance requires eight foot fencing and
fencing is on the property.
Commissioner Frye said he feared the property would become a junkyard. Other
Commissioners felt the same and asked that staff keep check on the property. Each
Commissioner agreed that the current fence is not the required 8ft. and Mr. Dale said he would
check on it.
No one spoke during the public hearing.
On motion of Frye, seconded by Haywood, the Board voted unanimously to approve the
request of Darrin Free 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.
Northgate Shopping Center Purchase
During the Board of Commissioners' Retreat on March 22, 2017, the Commissioners were
informed that the Northgate Plaza Shopping Center, 8.31 acres, 1515 N. Fayetteville St.,
Asheboro, N.C. , PIN# 7752937507, currently owned by Capital Bank Corporation, was offered
to the County for the price of $1,490,000 (current county tax evaluation is $2,442,421).
County Manager Hal Johnson stated that the purchase and renovation of this property could
provide opportunities for needed County agency facility expansions including Probation and
Parole, Adult Day Reporting, Social Services, community meeting facilities, Board of Elections,
and other facility needs as may occur.
Mr. Johnson said the County Facilities Committee (including the County engineer and
building inspectors) conducted a due diligence inspection of this property and found no issues to
preclude use as intended with appropriate renovations. They recommended that this property be
purchased to address needed immediate and long term County facility expansions.
Mr. Johnson stated that this location provides easy access to major highways for any agencies
that were located there, provides answers to space issues for some facilities, and that there is
plenty of parking.
There are currently seven businesses leasing space at this location. Most of these businesses
have short term (monthly) existing lease agreements. The County would work with these existing
businesses to ensure they have adequate notice if they need to find other operating locations. The
County would also retain the services of the current lease manager in the monthly interactions
with the existing leases.
Approval of a $2,000,000 budget amendment for this purchase was requested. The additional
funds above purchase price would be used for closing costs, needed renovations, and
architectural space studies to ensure maximum use of the available space.
Mr. Johnson stated that Chairman Allen and Vice Chairman Frye had both visited the
location.
Chairman Allen asked Finance Officer Will Massie if funds were available and Mr. Massie
replied that there were funds still available for capital improvements.
During discussion the Commissioners agreed the purchase of this property is cheaper than
construction of a building for Probation and Parole alone.
Commissioner McDowell said this purchase could save the County tens of millions of dollars
in construction costs to address space needs for County operations and Court facilities. He added
that just moving all the Probation and Parole cars from the courthouse parking lot would help the
parking situation at the Courthouse.
Commissioner McDowell added that if Medicaid reform happens, it had been estimated that
23 additional personnel would be needed as well as a space to work in.
On motion of Haywood, seconded by Frye, the Board voted unanimously to authorize the
purchase of the 8.31 acres known as the Northgate Plaza Shopping Center, 1515 N. Fayetteville
St., Asheboro, N.C., PINY 7752937507, at a price of $1,490,000 and approved the related
Budget Amendment 933 that includes the purchase price, closing costs, some renovations and
architectural space studies, as_follows:
2016-2017 Budget Ordinance
General Fund—Budget Amendment #33
Revenues
Increase
Decrease
Appropriated Fund Balance
$2,000,000
Appropriations
Increase
Decrease
Public Buildings
$2,000,000
Board of Commissioners Retreat Follow-up
Finance Officer Will Massie presented a follow-up report from the Commissioners' retreat.
He outlined the projects discussed and gave estimated figures of the money needed for each one.
He said that these projects would need to be prioritized as they could not all be funded at the
same time. Next, he gave sample timelines for the process from design through construction and
offered some suggestions for financing showing different options for debt service. The projects
he highlighted were addition, renovation, and security upgrades at the jail; an agri-business civic
center; and school facilities for both Randolph County and Asheboro City Schools.
Mr. Massie also reviewed House and Senate bills currently in legislature this session that
could provide additional funding.
Mr. Frye stated that these capital projects needed to move forward since interest rates are
projected to rise at least twice in the coming year. Chairman Allen agreed and said that waiting
would cause costs to rise as well as have additional projects pile up. The consensus of the Board
was to have Mr. Massie look into financing options to accelerate the projects as soon as possible.
Future US 64 Road Naming Concerns
Emergency Services Director Donovan Davis stated that after several recent discussions with
representatives from the NC Department of Transportation (DOT), the County has just learned
that the State has already approved the designation of the future 64 to be "US Hwy 64." He said
this will create an addressing conflict with the remaining old portions of what we currently
recognize as US Hwy 64 East or West outside of the city limits of Asheboro. Throughout the
city limits the addresses are listed as West Dixie Drive or East Dixie Drive and those addresses
can remain the same within the city limits.
However, after meeting with other key staff, to avoid the County having to rename the old
portions on the east and west sides of the future 64 and to avoid citizens and businesses along
these old stretches having to change their addresses, it was decided it would be in the best
interest of the County to request the State and the American Association of State Highways and
Transportation Officials (AASHTO) to officially designate the future 64 as the "US Hwy 64
Bypass." The new road meets all of the requirements, by definition, to be classified as a
"Bypass." He said they also believe the "Bypass" designation will lessen the confusion about
their location when calling 9-1-1.
Mr. Davis stated that because the County has just recently learned of this issue and because of
the current stage of the project, the signs have been designed, but they have not been
manufactured. If the County's request is approved by the appropriate sources, it may require the
County to offset the difference in costs to change the sign size and lettering. If there is a change
in sign size for the "US Hwy 64 Bypass" wording, the structural support may also have to be
changed. Since the signs have been designed, but not manufactured, Mr. Davis said the County
does not know the potential cost at this time.
Mr. Davis and County Manager Johnson asked the Board to consider this issue and to
potentially make an official request to the State to officially designate the Future 64 to "US Hwy
64 Bypass."
Commissioner Frye stated the project had been called the US Hwy 64 Bypass since it was
first discussed.
On motion of Kidd, seconded by Haywood, the Board voted unanimously to submit a request
to the NCDOT for the naming of the new bypass around Dixie Drive to be named the "US Hwy
64 Bypass " as it has been called since the beginning of highway planning.
Legal Costs- Budget Amendment
Finance Officer Will Massie said during the past few months, Administration has incurred some
unexpected costs that are putting pressure on the department's budget, with several months remaining
in the fiscal year.
The Board recently completed the creation of nine new fire service districts. The required
advertising (maps and public hearing notices) totaled $9,133.
In addition, the legal cost to defend the McDowell Lumber zoning case has accumulated to
$22,919 to date. The case has been appealed.
Administration has tried to absorb these and other costs, but Mr. Massie believes it will be difficult
to get to the end of the year, especially if anything else major occurs. As a result, he requested
$32,052 be added to the Administration budget. Because interest rates have been rising, investment
income can be transferred to Administration to offset the additional costs.
Commissioner Frye asked if any of the appeal expenses would be in next year's budget. Mr.
Massie said he was unsure when the appeal would be heard. County Manager Hal Johnson said
it would probably not be heard by the Court of Appeals until November or after but there may
still be legal expenses in this fiscal budget year.
Commissioner Haywood said there is no way to project how much more in legal expenses the
County will incur with the appeal on the McDowell Lumber zoning case.
Commissioner Frye and Commissioner Kidd both stated that the money had already been
spent and they didn't have a choice but to approve the amendment. Commissioner Frye said they
know the case and expenses are going to continue.
Commissioner Kidd made a motion and Commissioner Frye seconded the motion to approve
the budget amendment. Chairman Allen asked if there was any additional discussion.
Commissioner McDowell said he did have discussion in that it is two-part. He said he was fully
in support of the expenses for the advertising costs to create nine new fire service districts.
However, he stated, he could "not support the $23,000 of legal costs associated with the zoning
case" and stated he feels "the fees are excessive" and said he "really cannot support that issue."
Commissioner Haywood asked that if the majority of the amendment was for the zoning case,
should Commissioner McDowell not recuse himself from the vote relative to this discussion.
Commissioner McDowell replied that "having checked into that, I can be part of the discussion."
Commissioner McDowell asked the Chairman to call for a vote. Commissioner Frye replied "in
response to the suit, the County requested that any legal fees incurred by the County be refunded
to the County if the County wins the appeal," even though it could be months or years before the
outcome will be known.
On motion of Kidd, seconded by Frye, the Board voted 4 to 1, with McDowell opposing, to
approve Budget Amendment #34 for Administration (Legal Costs $32,052), as follows:
2016-2017 Budget Ordinance
General Fund—Budget Amendment #34
Revenues
Increase
Decrease
Investment Earnings
$32,052
Appropriations
Increase
Decrease
Administration
$32,052
County Manager's Update
County Manager Hal Johnson said he was proud of the work the Strategic Planning
Implementation Committee is doing and what the Board of Commissioners did a year ago to set
aside funds for implementing strategies aimed at issues that were identified in the Strategic Plan.
The Implementation Committee and representatives of the projects will be presenting projects to
the Board of Commissioners in May and Mr. Johnson gave a brief highlight of each: "Stepping
Up" initiative, a countywide health assessment to improve access to healthcare, implementation
of an evidence based model to address opiate addiction and overdose prevention in Randolph
County, establishment of a Child Advocacy Center, H. Clay Presnell Park access initiative,
Creekside Park - all -play project, Deep River Trail Task Force, and Regional Coordinated Area
Transportation System (RCATS).
Mr. Johnson stated that the funds earmarked for implementation will provide for projects and
programs that will impact so much of the County. Chairman Allen echoed the benefits of the
programs that will be possible because of the funds.
Regional Update
Chairman Allen stated that the building that housed the North Carolina Association of County
Commissioners was damaged by the recent downtown Raleigh fire and they have moved to a
temporary location.
He also added that the legislature is in session and all are watching for the outcome of some
bills that have been introduced and the budget under consideration; both of which could affect
counties.
Discussion
Commissioner Frye stated that he attended the Strategic Planning Implementation Committee
meeting to hear the presentations and the process took at least two hours. He questioned if the
Board of Commissioners should have a special meeting to hear the presentations instead of
during a regular meeting. Chairman Allen said they could look at the May agenda and see if time
would allow and if not they could consider an alternate date.
Adjournment
At 8:03 p.m., on motion of Frye, seconded by Kidd, the Board voted unanimously to
adjourn.
David L. Allen, Chairman Darrell Frye
Stan Haywood
Maxton McDowell
Kenny Kidd
Amanda Varner, Clerk to the Board