071521July 15, 2021 Special Meeting AHS, ARP, UDO
The Randolph County Board of Commissioners met in special session at 5:00 p.m. in the 1909
Randolph County Historic Courthouse Meeting Room, 145 Worth Street, Asheboro, NC.
Chairman Darrell Frye, Vice -Chairman David Allen, Commissioner Kenny Kidd, Commissioner
Maxton McDowell, and Commissioner Hope Haywood were present. Also present were County
Manager Hal Johnson, Assistant County Manager/Finance Officer Will Massie, County Attorney
Ben Morgan, Deputy Clerk to the Board Sarah Pack, and Clerk to the Board Dana Crisco. The
meeting was livestreamed on Facebook and Youtube.
Chairman Frye called the meeting to order and thanked audience members for their attendance.
American Healthcare Systems Request
Chairman Frye said that the hospital is now owned by American Healthcare Systems LLC
(AHS). The process has been ever-changing but the outlook is positive.
Will Massie, Finance Officer, discussed paperwork relevant to processing the monetary
disbursement to AHS.
Vice -Chairman Allen said that State funding is not available yet; this $3 million disbursement
is an advance of a portion of the approved $12 million loan.
Chairman Frye said there have been a lot of changes since the original feasibility study was
completed. When the $12 million becomes available, $3 million will be deducted and added back
to the County's fund balance. AHS will be responsible for financial reporting to the County. The
funds are to be used for capital expenditures only.
Commissioner Haywood said there had been concern about the hospital operating as a for-profit
entity rather than a non-profit. She was encouraged to read a policy in hospital documentation
assuring the existence of financial assistance programs.
Vice -Chairman Allen explained the need for the advance of funding by AHS was due to a delay
of private financing that had been secured.
Chairman Frye said it's important not to dwell on the past; we are looking forward to a secure
and dependable hospital. AHS inherited serious problems with the hospital that needed immediate
attention. Medicare and Medicaid dollars can be delayed by several months and adjustments can
be made later.
On motion ofAllen, seconded by Haywood, the Board voted 5-0 to authorize the advancement
of $3 million to American Healthcare Systems, LLC.
American Recovery Funds
Chairman Frye said he just returned from a National Association of Counties (NACo)
conference which focused on American Rescue Plan (ARP) funding. There were complaints from
rural counties about the lack of flexibility for using the funds. All comments were recorded and
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sent to the U.S. Treasury. Comments will be considered by the Treasury and a report will be
available around October showing the results. He discussed a seminar he attended regarding the
effect of the ARP funding on counties.
County Manager Hal Johnson said that Randolph County has been allocated a total of
$27,905,631 of Recovery Funds. The U.S. Treasury will disburse payments to counties in two
installments. Randolph County has received its first allocation of $13,952,816. The second
distribution is expected no earlier than May 2022.
Use of Recovery Funds are restricted to specific uses outlined in the Federal Legislation and
clarified through U.S. Treasury guidance. Funds must be committed by December 2024.
Encumbered funds can be used through December 2026. Mr. Johnson discussed the various uses
for Recovery Funds and the guidelines for using the funding for each specific purpose. These
numbers are "placeholders" and may change throughout the processes.
• Public Health Response $2,278,519
o Public Health Facility Renovations ($1,000,000)
o Inmate testing/vaccinations ($100,000)
o Personal Protective Equipment ($50,000)
o Temporary Employees ($128,519)
o Deep River Trail Development ($1,000,000)
• Address Negative Economic Impacts Caused by Coronavirus $1,554,220
o Tourism Development Authority ($604,220)
o Historic Lucks Cannery ($500,000)
o The Business Gym Portal ($50,000)
o Liberty Museum ($100,000)
o Cooperative Extension — Digital Alliance ($100,000)
o Food Resiliency Initiatives ($200,000)
Commissioner Haywood said that Seagrove got the smallest amount ($70,000) because
Seagrove is so small.
• Services to Disproportionately Impacted Communities $1,000,000
o Habitat for Humanity ($40,000)
o Partnership for Children ($200,000)
o Family Crisis Center ($115,000)
o Other COVID-19 Impact Programs ($645,000)
• Water and Sewer Infrastructure $9,474,500
o Seagrove Ulah Water Treatment Plant ($2,490,500)
o Seagrove Ulah I-73 Water Extension ($1,984,000)
o Highway 311 Water Line Expansion ($1,500,000)
o Matching Grants ($500,000)
o Future Infrastructure Projects ($3,000,000)
• Replace Public Sector Revenue Loss $395,780
o Occupancy Taxes ($395,780)
• Administrative $132,346
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o Administrative Staff Support
Vice -Chairman Allen said that broadband is a huge issue and asked Mr. Johnson to explain why
money can't be used. Mr. Johnson said that counties are prohibited by the State from using these
monies for broadband expansion. However, Cooperative Extension is working on educational
programs to combat broadband access issues.
Mr. Johnson said on April 8, 2021, the County convened a meeting of the Randolph County
Mayors, Managers, Commissioner Chairman, and Vice -Chairman to discuss areas of mutual
economic recovery concerns. As a result of this meeting, the County Commissioners asked that
the Chairman, Vice -Chairman, County Manager, and Finance Officer meet to develop some
general funding options for the first Recovery Fund allocations.
Mr. Johnson asked the Board to consider some preliminary funding options and to establish
the next step in the process that will be used for fund allocations. He recommended that the County
Commissioners set a Special Meeting for Monday, August 30, 2021, at 5:00 p.m. to receive special
presentations from agencies and organizations that have requested or have been recommended for
Recovery Fund allocations.
County Finance Officer Will Massie has developed a detailed application that must be
submitted as part of the Recovery Fund consideration process. The Finance Officer and County
Manager will also set a time to meet with all applicants requesting funds to review the application
process specifics and help answer questions as to the administrative process.
Mr. Johnson said it was necessary for all requests for Recovery Funds to outline how the funds
would allow for recovery from negative impacts of the COVID-19 pandemic.
Commissioner Haywood asked if the application that has been created by the County will be
available before the training session. Mr. Johnson said it will be available before the session, but
Administration will work with agencies to be sure they fill out the form correctly. Commissioner
Haywood asked how agencies can request the form. Mr. Johnson said interested agencies can
request the form from County Administration.
N.C. General Statute 160A-17.1 authorizes the County Commissioners to accept state or federal
funding. A motion of the Board is necessary to formally accept the full $27,905,631 funding from
the COVID State and Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of
2021 and designates the Assistant County Manager/Finance Officer as the authorized
representative to take all actions necessary on behalf of the County to receive, report, and
administer the funding.
Vice -Chairman Allen said a portion of the money might could be used in conjunction with other
State money for additional projects. There's not a big rush to encumber or spend these monies.
Restraint should be exercised before rushing to spend the money. He commended the County
Manager and Finance Officer for their work in exploring the uses of this funding.
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Chairman Frye said another issue with broadband is bandwidth which was brought to light by
families working and schooling from home and not having the broadband to support multiple
internet users.
On motion ofAllen, seconded by Kidd, pursuant to N. C. General Statute 160A-17.1 the Board
voted 5-0 to accept the $27,905,631 funding from the COVID State and Local Fiscal Recovery
Funds of H.R. 1319 American Rescue Plan Act of 2021 and designate the Assistant County
Manager/Finance Officer as the authorized representative to take all actions necessary on behalf
of the County to receive, report, and administer the funding.
Unified Development Ordinance
Jay Dale, Planning and Zoning Director, said that under North Carolina General Statute 160D,
the Unified Development Ordinance (UDO) has been revised, updated, and simplified which
requires approval from the Board of Commissioners. He described some of the changes to the
UDO and explained the authority of the UDO. North Carolina General Statute 160D:
• modernizes the laws;
• consolidates general statutes into one chapter;
• reorganizes land -use laws;
• sets specific guidelines and rules to be followed by all jurisdictions;
• incorporates specific definitions to be applied statewide;
• establishes conflicts of interest policies for everyone.
Mr. Dale described some practical applications of NCGS 160D and the UDO.
Commissioner McDowell asked how it would be handled if someone gave irrelevant testimony.
Mr. Dale said it is up to the governing board if they allow it.
Commissioner Haywood asked for clarification regarding subdivision requests. Mr. Dale said
the requests go to the Department of Health and the Department of Transportation (DOT).
Planning and Zoning then must have a written opinion from each agency before moving forward
with zoning.
Commissioner Haywood asked if the County approved something without recommendation of
the DOT, could DOT block access. Mr. Dale said this is not likely for a residential situation.
Tim Mangum, GIS Planner for Planning and Zoning, explained a recent situation where the
Planning department worked with the DOT to come to an agreement regarding a property's access
points.
Chairman Frye asked Mr. Dale to clarify the conditional aspects regarding DOT's
recommendations. Mr. Dale said if the DOT makes a recommendation, it's up to the Board to
decide to accept the recommendation. Mr. Morgan said the DOT can make a recommendation and
the applicant can decide to amend their proposal to reflect the recommendation or they can attempt
to move on without accepting the recommendations. Chairman Frye said there is no conditional
use zoning. Mr. Morgan said the application can be voted up or down. Chairman Frye asked if
the need for driveway permits has been eliminated. Mr. Dale said no.
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Changes to the UDO include:
• Organization of the UDO;
• Includes State required definitions;
• Includes State required updates on processes, etc.;
• Includes State optional updates;
• Includes local updates on processes, etc.
Mr. Dale explained the process of updating the UDO which began in October of 2019. The
Randolph County Planning Board held a public hearing on June 8, 2021, and subsequently voted
to recommend that the Board of Commissioners approve the revised Ordinance.
Commissioner Haywood asked for clarification regarding road frontage changing from one
hundred to one hundred fifty feet. Mr. Dale said there was no change.
Chairman Frye asked about extra -territorial jurisdiction (ETJ) being approved by the Board of
County Commissioners. The word "extend" was missing in the memo presented to the Board,
which was clarified by Commissioner McDowell. Mr. Mangum said the City cannot overstep their
bounds and extend their ETJ into a County jurisdiction without approval.
Chairman Frye said he does not believe this document has simplified the responsibilities of the
Board.
Mr. Morgan said in some cases, it will make certain things easier, but it won't affect the Board's
process much.
Commissioner McDowell said it appears as though a step has been added with regulations for
the DOT. This appears to be more of an opinion. Mr. Dale agreed; an opinion is required, but the
DOT has no veto power.
Chairman Frye asked about the liability for the Board if a DOT opinion is not accepted. Mr.
Morgan said it's common in zoning practices to request advisory opinions. It will be up to the
Board to determine what weight advisory opinions carry.
Public Hearing
Chairman Frye opened the Public Hearing at 6:23 p.m. and closed it after no one wished to
speak.
Commissioner Kidd thanked Planning and Zoning and the Planning Board for their diligent
work throughout this process.
Commissioner McDowell said the document is very thorough.
On motion of McDowell, seconded by Haywood, the Board voted 5-0 to adopt the changes as
required by North Carolina General Statute 160D and recommended by the Randolph County
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Planning Board are hereby adopted as the Randolph County Unified Development Ordinance and
shall take effect and have full power on July 15, 2021. The full Ordinance is as follows:
WHEREAS, the North Carolina General Assembly finds that the parallel system of
separate city and county statutes regarding planning and development regulation has
led to redundancy and unintended differences in the wording of planning and
development regulations on the same subject; and
WHEREAS, the intent of the North Carolina General Assembly is to collect and
organize existing statutes regarding local planning and development into a single
Chapter of the General Statutes and to consolidate the statutes affecting cities and
counties; and
WHEREAS, the intent of the North Carolina General Assembly is to neither
eliminate, diminish, enlarge, nor expand the authority of local governments to exact
land, construction, or money as part of the development approval process or otherwise
materially alter the scope of the local authority to regulate; and
WHEREAS, the Randolph County Board of Commissioners intends to provide
citizens, residents, and visitors to the county with adequate light and air; to prevent the
overcrowding of land; to avoid undue concentration of population; to lessen
congestion in the streets; to secure safety from fire, panic, and dangers; to facilitate
the efficient and adequate provision of transportation, water, sewage, schools, parks,
and other public requirements; and to promote the health and well-being of the
community; and
WHEREAS, the Randolph County Board of Commissioners intends to continue the
practice of planning and development regulation in Randolph County; and
WHEREAS, the Randolph County Planning Board has held public meetings on the
proposed amendments required by North Carolina General Statute 160D and
recommends to the Randolph County Board of Commissioners that these amendments
be adopted:
1. The Randolph County Board of Commissioners does hereby repeal any
previously adopted planning and development regulations and hereby enacts all
provisions contained in the Randolph County Unified Development Ordinance
as reviewed and recommended by the Randolph County Planning Board.
2. The Randolph County Board of Commissioners does hereby repeal the existing
Addressing Ordinance and the Ordinance is incorporated into the Randolph
County Unified Development Ordinance.
3. The Randolph County Board of Commissioners does hereby amend all
previously approved Conditional Use Permits, noted on the Oficial Zoning
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Maps as "CU" districts, to become Conditional Districts, noted on the Oficial
Zoning Maps as "CD. "
THEREFORE, BE IT ORDAINED that the Randolph County Board of
Commissioners concludes that the proposed Randolph County Unified Development
Ordinance amendments are reasonable and in the public interest because they bring
the existing Randolph County Unified Development Ordinance into compliance with
applicable North Carolina laws. Additionally, the proposed Randolph County Unified
Development Ordinance amendments support the policies and goals in the
comprehensive Randolph County Growth Management Plan; and
BE IT FURTHER ORDAINED that the changes as required by North Carolina
General Statute 160D and recommended by the Randolph County Planning Board are
hereby adopted as the Randolph County Unified Development Ordinance and shall
take effect and have full power on July 15, 2021.
Adjournment
At 6:28 p.m. on motion ofAllen, seconded by Haywood, the Board voted 5-0 to adjourn.
Darrell Frye, Chairman David Allen
Kenny Kidd
Hope Haywood
Maxton McDowell
Sarah Pack, Deputy Clerk to the Board
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