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120604137 December 6, 2004 The Randolph County Board of Commissioners met in regular session at 4:00 p.m. in the Commissioners Meeting Room, County Office Building, 725 McDowell Road, Asheboro, NC. Commissioners Holmes, Kemp, Frye, Davis, and Mason were present. Rev. Ben Chavis, Randolph County Tax Supervisor, gave the invocation, and everyone recited the Pledge of Allegiance. Recognition of Randolph County Outstanding Volunteers for 2003 Garlene Rich, Randolph County Volunteer Center Director, recognized Randolph County's North Carolina Outstanding Volunteer Award winners for 2004: Richard A. Brooks, Ann M. Hoover, E. Louis Keen, Carmen Liberatore, and Iris W. Bristow. Chairman Holmes presented certificates of appreciation to the volunteers on behalf of the Board of Commissioners. Recognition of Retiree Chairman Holmes presented an engraved clock to Tamra Long, who is retiring from the Tax Department with 27 years of service. Recognition of Out2oin2 County Commissioner Chairman Holmes recognized Robert Mason for his years of service as County Commissioner from 11/96 — 11/04 and presented him with an engraved clock. Approval of Minutes On motion of Mason, seconded by Davis, the Board voted unanimously to approve the minutes of the November 2004 regular and closed session minutes, as presented. Adjournment The old Board adjourned. New Board Seated At this time, the new Board was seated and the meeting was called to order. Commissioners Holmes, Frye, Kemp, Davis and Lanier were present. Reorganization of Board On motion of Frye, seconded by Davis, the Board unanimously voted to approve the following appointments: Chairman, Harold Holmes; Vice Chairman, Darrell Frye; County Attorney, Alan Pugh; Associate County Attorney, Aimee Scotton; Clerk to the Board, Alice Dawson; Deputy Clerk to the Board, Cheryl Ivey; Representative to the Board of Health, Robert Davis; Representative to the Consolidated Mental Health Board, Darrell Frye; Representative to the Social Services Board, Arnold Lanier; Representative to the Juvenile Crime Prevention Council, Arnold Lanier; Representative to the High Point Transportation Advisory Board, Darrell Frye; PTCOG Delegate, Darrell Frye; Piedmont Triad Partnership, Darrell Frye; Piedmont Authority for Regional Transportation, Darrell Frye; Regional Planning Organization, Robert Davis. Consent Agenda Addition and Approval Chairman Holmes added Item F to the Consent Agenda: Appoint Don Hancock to replace Mary Wade Carlson on the Consolidated Mental Health Board. On motion of Frye, seconded by Kemp, the Board voted unanimously to approve the Consent Agenda, as follows: • adopt DOT Resolution Adding Walnut Creek Lane in the Walnut Creek Subdivision, as follows: 138 WHEREAS, the Department of Transportation has investigated 0.30 mile Walnut Creek Lane in the Walnut Creek Subdivision; and WHEREAS, the subject street has been found to meet minimum requirements for addition. NOW, THEREFORE, BE IT RESOLVED by the Randolph County Board of Commissioners that 0.30 mile Walnut Creek Lane in the Walnut Creek Subdivision be added to the Division of Highways' Secondary Road System. • reappoint Linda Covington to the Adult Care Home Adv. Committee; • reappoint Donnie Lassiter to the Seagrove-UlahMetropolitan Water District; • reappoint Ted Hollingsworth, Steve Holland, Rodney Moody (Alternate), Betty Hilliard (Alternate) to the Randleman Planning & Zoning Board; • appoint Dr. Ed Butler & Jane Reid and Reappoint Dr. Charles West, Dr. Stephen Headlee, & Dr. Tina Byrd to the Randolph County Board of Health; • appoint Don Hancock to replace Mary Wade Carlson on the Consolidated Mental Health Board. Additions to New Business Agenda Chairman Holmes said that the following items had been added to the New Business Agenda: O. Appoint Reid Pell as alternate member of the Randolph County Planning & Zoning Board; P. Closed Session (Economic Development Project); Q. Closed Session (Consult with Attorney). Chairman Holmes said that the following Budget Amendments had been added to the Budget Amendment Agenda: E. Elections Grant; F. Randleman Dam Capital Project Fund. Announcement of Results of Recreation Referendum; Approval of Resolution Frank Willis presented the Board of Elections' Certification of Official Results for the Parks and Recreation Funding Referendum that was held during the General Election of Randolph County on November 2, 2004, as follows: Precinct FOR AGAINST 01 307 444 02 236 377 03 328 506 04 322 566 05 212 374 06 318 462 07 230 349 08 189 331 09 155 363 10 178 406 11 149 446 12 308 338 13 311 745 14 75 351 15 250 658 16 268 650 17 164 565 139 18 162 555 19 201 616 20 237 654 21 305 857 22 319 579 23 409 750 24 44 349 25 236 531 26 264 571 27 27 174 28 255 392 29 380 812 30 312 646 31 271 772 32 383 861 33 173 362 34 222 684 35 258 616 36 279 664 37 384 486 38 427 732 39 432 737 40 149 502 ABSENTEE 4,196 8,687 CURBSIDE 0 0 PROVISIONAL 235 411 TRANSFER 0 3 Totals 14,560 32% 30,934 68% On motion of Davis, seconded by Kemp, the Board voted unanimously to approve a resolution required by N. C. G. S. 153A -149D, as follows: WHEREAS, by direction of the Board of Commissioners of the County of Randolph, in the State of North Carolina, a special election was duly called and held for said County on November 2, 2004 for the purpose of submitting to the qualified voters of said County the question hereinafter set forth, and the said Board has received from the Randolph County Board of Elections a certification of the results of the election, and has determined the results of said election to be as hereinafter stated; NOW, THEREFORE, BE IT RESOLVED, that the Randolph County Board of Commissioners hereby makes the following statement of the result of said election in answer to the question: "Shall Randolph County be authorized to levy annually a property tax at a rate not in excess of two cents on the one hundred dollars ($100.00) value of property subject to taxation for the purpose of parks and recreation?" 1) The total number of voters who voted "YES" was 14,560. 2) The total number ofvoters who voted `NO" was 30,934. BE IT FURTHER RESOLVED that the question in the form submitted was defeated by the vote of a majority of those who voted thereon at said election. BE IT FINALL YRESOL VED that any action or proceeding challenging the regularity or validity of this tax referendum must be begun within 30 days after December 9, 2004 (date of publication). Presentation of Resolution by Tourism Development Authority (TDA) Board of Directors Concerning Randleman Lake Recreation Planning & County Recreation Commission Hal Johnson, Planning Director, said that by the County formally adopting a recreation plan, our municipalities would have a better opportunity to receive grants for expansion of their parks and 140 recreation facilities. He reviewed a resolution adopted by the TDA on November 17, 2004, that encourages the Board of Commissioners to establish a County parks and recreation commission that would serve as an advisory body to the County Commissioners on matters related to future county recreation planning. The resolution also supports continued county planning to maximize the recreation/tourism potential of Randleman Lake. In addition, the resolution includes a request that the Piedmont Triad Regional Water Authority consider and reserve two controlled lake access points for Randolph County if the PTRWA ever considers granting such requests from local governments. Commissioner Frye asked Mr. Johnson what the TDA uses the current occupancy tax revenues for. Mr. Johnson said that the current plan is to use most of these monies for operational expenses for the proposed visitors center along future I-73/74 in Seagrove. The Board directed Mr. Johnson to make a presentation at the Board's January, 2005 meeting on the recommended controlled access point sites for the Randleman Lake. Declare Dog Kennel Surplus and Approve Donation to the Liberty Police Department Chief Deputy Allen McNeill asked the Board to declare an American K-9 Corp. dog kennel owned by the County as surplus and to allow the Sheriffs Office to donate it to the Liberty Police Department. He said that the kennel is no longer used and was bought in the early 1990s for approximately $1,000. On motion of Frye, seconded by Davis, the Board voted unanimously to declare the American K-9 Corp. dog kennel surplus and approved the donation of the kennel to the Liberty Police Department. Award Rehabilitation Contracts for Scattered Site Housing Proiects Patty Brown, Assistant to the Public Works Director, said that we are now ready to award contracts on the second group of homes selected for rehabilitation via Scattered Site Housing Community Development Block Grant funds. She said that the work on the first group (4 homes) has been completed. Three more homes have been selected by the Scattered Site Housing Committee and Hobbs, Upchurch and Associates, our consultants, for approval by the Commissioners. These are the homes of Ann Harrison, Edith Dick and Jewel Copple. Bids packages were issued on November 9, 2004 at a pre-bid meeting with the contractors. Bids were received on November 16, 2004. Three bids were received for each of the homes, as follows: Ann Harrison Edith Dick Jewel Copple Barker Construction $51,727.00 $46,671.00 $42,777.00 Glen King Construction $39,575.00 $33,975.00* $28,855.00* Glen Avery Construction $39,500.00* $38,700.00 $37,800.00 * Apparent low bidder Ms. Brown requested that the Board of Commissioners award three different contracts. For the home of Ann Harrison, Glen Avery Construction was the low bidder; however, he has declined to accept the contract, feeling it not worthwhile to travel the distance from Dunn, NC for just one contract. For the home of Ann Harrison, Ms. Brown requested that the Board award the contract to Glen King Construction, the next lowest bidder, in the amount of $39,575.00. For the home of Edith Dick, she requested the contract be awarded to Glen King Construction in the amount of $33,975.00. For the home of Jewel Copple, she requested that the contract be awarded to Glen King Construction in the amount of $28,855.00. References have been verified by our consultant for the contractor for whom we are requesting contracts be awarded. Unlike most construction contracts let by the County, these contracts will be a three-way contract between the County, the contractor and the homeowner. A I[ it recapture provision is included in the grant; therefore, a deed of trust will be held on the property for an eight-year period. On motion of Kemp, seconded by Davis, the Board voted unanimously to award 3 separate contracts to Glen King Construction for the homes of Ann Harrison in the amount of $39,5 75, Edith Dick's home in the amount of $33,975 and Jewel Copple 's home in the amount of $28,855. Public Hearing on Closing of Spring Street in Seagrove; Adoption of Order Aimee Scotton, Associate County Attorney, reminded the Board that the residents of Spring Street have requested that the Randolph County Board of Commissioners act to permanently close that portion of Spring Street that lies in Randolph County. The procedure for closing a public road or easement is governed by North Carolina General Statute §153A-241. The Board adopted a resolution of intent to close the road on November 1, 2004, as required by general statute, and set a public hearing for 5:00 p.m. on December 6, 2004. After all interested parties are allowed to voice their views, if the Board of Commissioners is satisfied that closing this road will not be detrimental to public interest and will not deprive any individual of access to his property, the Board may adopt an order closing the road. A certified copy of the order shall then be filed with the Register of Deeds office. Chairman Holmes opened the duly advertised public hearing. Ricky Martinez, 319 Little River Rd., Seagrove, said that the street is not really a street; it's more of a driveway. He said that 3 property owners are affected by the street. He spoke in support of closing the road. Lacy Scott, 477 Scott Farm Rd., said that he owns the property on the south side of the street and he spoke in support of closing the street. He said the street has never been used. On motion of Frye, seconded by Lanier, the Board voted unanimously to approve an order closing the road, as follows: WHEREAS, the Randolph County Board of Commissioners received a request from the residents to permanently close the following section of Spring Street: From its intersection with Little River Road to where it enters the jurisdiction of the Town of Seagrove. WHEREAS, on November 1, 2004, the Randolph County Board of Commissioners adopted a resolution declaring its intent to close said street or easement and set a public hearing on the issue for December 6, 2004, all in accordance with North Carolina General Statute §153A-241; and WHEREAS, on November 29, 2004, notices of the closing and public hearing were prominently posted in two places along the road; and WHEREAS, notice of the public hearing set by the Randolph County Board of Commissioners on November 1, 2004 was published once a week for three successive weeks before the hearing (on November 15, 22, and 29); and WHEREAS, the Randolph County Board of Commissioners has determined through the public hearing that the closing of the aforesaid street is not contrary to the public interest and that no individual owning property in the vicinities of said street would be deprived of reasonable means of ingress and egress to his property; NOW THEREFORE, BE IT ORDERED by the Randolph County Board of Commissioners that the above -referenced portion of Spring Street be permanently closed and that all right, title, and interest in its respective right-of-way is vested in those persons owning lots or parcels of land adjacent to the street or easement. BE IT FURTHER ORDERED that a certified copy of this Order shall be filed in the Register of Deeds Office. [EPA Award Bid for Purchase of Ambulances Audrey Alexander, Purchasing Technician, said that pursuant to G.S. 143-129 formal bidding requirements, request for bids for two (2) Type I, Class I Ambulances for our Emergency Services department was issued on 10/18/04. Bid packages were mailed to 3 different potential vendors. Two vendors responded to this Request for Bids. On 11/16/04 the following sealed bids were opened and read. The bids received were for 2005 Ford chassis vehicles. Vendor Unit Cost Total Bid Southeastern Specialty Vehicles $76,949.00$153,898.00 Wheeled Coach of NC $79,557.00 $159,114.00 * Low bidder Neil Allen and his staff reviewed these bids and checked references. Southeastern Specialty Vehicles has met our specifications as well as the requirements of being a responsive and responsible bidder. The Emergency Services department has identified $80,000.00 per vehicle within the EMS budget for the purchase of these ambulances. She recommended that the Board of Commissioners approve and award the bid for the two (2) Type I, Class I Ambulances for the Emergency Services department to Southeastern Specialty Vehicles at a total cost of $153,898.00. On motion of Kemp, seconded by Davis, the Board voted unanimously to award the bid for 2 ambulances to Southeastern Specialty Vehicles at a total cost of $153,898. Approve Purchase of 911 Software Upgrade Neil Allen, Emergency Services Director, said that Emergency Services is requesting approval for a software upgrade to the 911 Emergency Telephone System. Release 5.0 is an upgrade to CML's line of emergency communications hardware and software products that have resulted from direct collaboration with 911 centers across the nation. During the last ten years wireless (cell phone) calls have grown to the point that almost half the calls received are now coming from people using wireless phones. However, the location of wireless callers is harder to pinpoint and takes a longer time. As well, wireless callers, with the best of intentions, can tie up the 911 system reporting the same incident, while callers with other emergencies wait in queue for their calls to be answered. Release 5.0 is a significant upgrade with four main features allowing centers to operate more efficiently in handling the wireless calls. The complete cost of the upgrade, including software, installation and maintenance, is $45,061.38. There is already $20,000 in the Emergency Services budget for the purchase but the purchase would require a budget amendment for the remaining $25,062.00 from the Emergency Telephone System Fund. This upgrade has been reviewed and approved by the Randolph County Technology Policy Team. Sprint is our single -source provider for the Emergency Telephone System Software. On motion of Frye, seconded by Davis, the Board voted unanimously to approve the purchase of the software upgrade from Sprint in the amount of $45,061.38 and approved Budget Amendment #16, which appropriates the additional $25, 062 from the Emergency Telephone System Fund, as follows: 2404-2005 Budget OrdinanceGeneral Fund -Amendment #16 Revenues Increase Decrease Appropriated Fund Balance $25,062 Appropriations Increase Decrease Wireline $15,038 Wireless $10,024 143 Demonstration of 2004 Color Digital Orthophoto2raphy Ben Chavis, Randolph County Tax Supervisor, said that the new color digital orthophotography, which was completed in late October, has been loaded into the County's GIS system. He reminded the Board that they had approved the project and awarded the bid for $111,290 to Spatial Data Consultants of High Point on January 5, 2004. The project's actual final cost was $96,290. Mr. Chavis gave a video demonstration of the new technology. Request for Purchase of Replacement Vehicle in Tax Department; Budget Amendment Ben Chavis told the Board that on 10/22/04, a County -owned 1998 Ford Taurus being driven by a Tax Department appraiser was rear-ended while the appraiser was doing fieldwork. The vehicle was deemed totaled by the other party's insurance company since the other party was found to be at fault. We have received the proceeds from the other party's insurance company in the amount of $4,340 and now need to purchase another Ford Taurus to replace the one that was wrecked. The 2005 Ford Taurus on State Contract is $13,278, which includes NC State Highway Use Tax. The balance needed to purchase the replacement vehicle for the department is $8,938. On motion of Kemp, seconded by Davis, the Board voted unanimously to approve Budget Amendment #17, which appropriates $8,938 from Fund Balance and accounts for the $4,340 from the insurance company for the purchase of the replacement vehicle, as follows: 2004-2005 Budget Ordinance General Fund - Amendment #17 Revenues Increase Decrease Miscellaneous $4,340 Appropriated Fund Balance $8,938 Appropriations Increase Decrease Tax $13,278 Repeal Old and Adopt New Employee Assistance Policy Kim Newsom, County Personnel Director, said that the County's current Employee Assistance Program Policy was adopted in October of 1996 and has served us well for many years, with Randolph Mental Health and then Sandhills Mental Health providing our EAP services. Now that Sandhills Mental Health has begun the divestiture process of certain mental health services, we are faced with selecting a new entity to become our EAP provider, effective January 1, 2005. Since Sandhills has notified us that they will not provide services beyond December 31, 2004, we plan to utilize Frank Horton Associates to replace Sandhills at the beginning of the new calendar year. A group of employers was formed to establish a RFP process, screen and evaluate proposals, and recommend a provider who could best meet the service requirements for an Employee Assistance program at the lowest cost. Frank Horton Associates was the recommended provider by that employers' group, following the evaluation of six proposals received by Sandhills Mental Health, who facilitated the process. They have many years of experience in this field and multiple resources to assist our employees with a wide array of health/behavioral problems that may affect their well-being and/or their performance on the job. An annual contract for these EAP services is expected to cost $12,600. Per discussions with Michael Watson, Sandhills Area Program will return $6,300 to the County from our allocation to them for County General Contribution to cover the cost for the next six months. The County can then begin an annual contract with Frank Horton Associates, effective July 1, 2005. Mr. Newsom requested that the Board 1) repeal the 1996 Employee Assistance Program Policy, 2) adopt this new policy, effective January 1, 2005, and 3) authorize the County Manager to execute the new contract with Frank Horton Associates to provide our EAP services, effective January 1, 2005. [[Ll On motion of Frye, seconded by Davis, the Board voted unanimously to repeal the 1996 Employee Assistance Policy, adopt the new policy, which follows, and authorized the County Manager to execute the new contract with Frank Horton Associates to provide the County's EAP services, effective January 1, 2005. RANDOLPH COUNTYEMPLOYEE ASSISTANCE PROGRAMPOLICY (January 2005) PURPOSE: To establish a comprehensive Employee Assistance Program to provide assessment and referral services to County employees who have behavioral/health problems occurring in their personal lives that are impacting their well-being and/or their performance on the job. PROGRAM GOALS: 1. The primary goal of the Employee Assistance Program is to restore the employee's well-being and his job performance. To accomplish this, the Employee Assistance Program will attempt to: A. motivate the individual to voluntarily seek and accept the help offered through the Employee Assistance Program. B. protect the dignity of the employee by maintaining confidentiality. C. retain valuable employees. 2. The goal of the Employee Assistance Program is also to provide the manager or supervisor with a resource to offer employees experiencing personal problems. PHILOSOPHY. The Employee Assistance Program is a benefit available to all County employees who may be in need of assistance with counseling during personal difficulties. The Employee Assistance Program is a supportive approach to resolving personal problems before they have a substantial impact on the employee and his job. It also provides the manager/supervisor with an additional resource he can use to retain our most valuable resource, the employee. A request for entry into the Employee Assistance Program can be initiated by either the employee or the employer, but it is always contingent upon the approval of the employee. The manager does not diagnose the employee's problem but must provide the Employee Assistance Program Counselor with accurate and factual documentation outlining the unacceptable behavior or performance problem that warrants entry into the Employee Assistance Program. All proceedings are held in the highest confidence allowed or demanded by Federal or State law or County personnel policies. D UTIES AND RESPONSIBILITIES: 1. The County will: A. provide the necessary support to implement and sustain an effective functional Employee Assistance Program. B. designate an Employee Assistance provider to serve Randolph County employees and their family members living in the same household with coverage available 365 days a year, 24 hours a day, concerning a variety of behavioral/health problems. 2. The Personnel Director will: A. develop an Employee Assistance Program in support of this policy. B. serve as a liaison between the County and the designated EAP provider. C. ensure the confidentiality of all documents and communications about employee participation in the Employee Assistance Program consistent with Federal and State laws and County personnel policies. D. coordinate an aggressive and comprehensive educational program to ensure that all employees and managers/supervisors know of and understand the procedures for using the Employee Assistance Program. E. serve as an "ex -officio" member of all committees, teams, etc., formed in support of this policy. 3. The Department Head/Supervisor will: A. comply with all the provisions of this policy and the supporting Employee Assistance Program. B. follow all the steps in the Employee Assistance Program referral process. 145 C. maintain the confidentiality of all employee communication and documentation concerning participation in the Employee Assistance Program. D. not use the Employee Assistance Program as a disciplinary device, nor make continued employment contingent upon entry into the Employee Assistance Program. E. provide the Employee Assistance Program Counselor with the specific reason for the employee's referral and present accurate and factual documentation to support the reason for referral. 4. The Employee: A. may seek entry into the Employee Assistance Program without informing any other employee, including his manager/supervisor. B. will not be required to reveal to anyone that he is in the Employee Assistance Program, nor may he be sanctioned in any way for refusal to provide any information concerning his participation. C. must inform his department head/supervisor of scheduled visits and attendance at Employee Assistance Program counseling sessions if the employee had voluntarily agreed to enter the Employee Assistance Program as a result of supervisory concern about substandard job performance or inappropriate behavior. This applies only to the fact of scheduling and attendance but not to the substance of the counseling. D. cannot be forced into the Employee Assistance Program against his will. REVIEW.- This policy will be reviewed annually by the Personnel Director and is effective January], 2005. Pawnbroker License Renewal On motion of Davis, seconded by Frye, the Board voted unanimously to approve the pawnbroker license renewal for Frank Chamberlin for one year. Set Special Meeting Date On motion of Lanier, seconded by Frye, the Board voted unanimously to set 4 p.m. on December 9, 2004, for a joint meeting with the Randolph County Board of Education in order to discuss proposed schools capital projects and funding. Elect Voting Delegate for NCACC Legislative Goals Conference On motion of Davis, seconded by Kemp, the Board voted unanimously to elect Darrell Frye as the voting delegate for the NCA CC Legislative Goals Conference in January. Appointment of Alternate Member of Randolph County Planning Board On motion of Davis, seconded by Lanier, the Board voted unanimously to appoint Reid Pell as an alternate member of the Randolph County Planning Board. Budget Amendment—Health Department Jane Leonard, Deputy Finance Officer, said that the Health Department has received $1300 for travel purposes for Child Service Coordination and $5341 for medical supplies for Family Planning. Also Childhood Lead Revenues are less than what was originally projected and will be reduced by $2200. A budge amendment is needed to reflect these changes. On motion of Davis, seconded by Kemp, the Board voted unanimously to approve Budget Amendment #18, as follows: 2004-2005 Budget Ordinance General Fund– Amendment #18 Revenues Increase Decrease Restricted Intergovernmental $4441 Appropriations Increase Decrease Public Health $4441 146 Budget Amendment—HRSA Bioterrorism Preparedness Grant Will Massie, Deputy Finance Officer, said that Randolph County has received a $31,315 grant from the North Carolina Office of Emergency Services. This grant will be used to help meet critical benchmarks defined by the Federal Health Resources and Services Administration. The funds will be used to upgrade technology and personal protective equipment in our Emergency Medical Services. There is no local match required. On motion of Frye, seconded by Davis, the Board voted unanimously to approve Budget Amendment #19, as follows: 2004-2005 Budget Ordinance General Fund– Amendment #19 Revenues Increase Decrease Restricted Intergovernmental $31,315 $1,749,000 Appropriations Increase Decrease Emergency Services $31,315 Budget Amendment—Elections (One -Stop Voting) Will Massie said that Randolph County received a $2,328 grant from the NC State Board of Elections to improve our One -Stop Voting process. The funds were used during the past election for additional part-time salaries and FICA, travel, and computer hardware. On motion of Frye, seconded by Davis, the Board voted unanimously to approve Budget Amendment #20, as follows: 2004-2005 Budget Ordinance General Fund - Amendment #20 Revenues Increase Decrease Restricted Intergovernmental $2,328 $1,749,000 Appropriations Increase Decrease Elections $2,328 Budget Amendment—Randleman Dam Capital Proiect Fund Will Massie said that at the November 2004 Commissioners' meeting, the Board authorized the purchase of an additional four million gallons per day (mgd) in water rights in the Randleman Lake, which is anticipated to cost approximately $6,994,000. The County will finance three million gallons per day through the proposed installment purchase agreement with BB&T and sell another one mgd to the City of Archdale. The Randleman Dam Capital Project Fund will need to be amended to reflect these authorizations. On motion of Frye, seconded by Kemp, the Board voted unanimously to approve Budget Amendment #2, as follows: 2004-2005 Budget Ordinance Randleman Dam Capital Project Fund - Amendment #2 Revenues Increase Decrease Proceeds from Installment Purchase $5,245,000 Sale of Rights to Archdale $1,749,000 Appropriations Increase Decrease Dam Construction $6,994,000 [[VA Closed Session On motion of Frye, seconded by Davis, the Board voted unanimously at 6:05 p.m. to go into closed session to consult with the County Attorney to consider and give instructions concerning a judicial action titled "State of North Carolina, on Relation of, County of Randolph vs. Clarence Ray Jernigan individually and d/b/a Heath Amusement; Heath Cigarette and Music Service, Inc. d/b/a Heath Amusement; and James Worth Heath individually and d/b/a Heath Amusement, " pursuant to N. C. G. S. 143-318.11(a) (3) and to discuss matters relating to the location of expansion of business in the area, pursuant to NCGS 143-318.1 ] (a) (4). The Board returned to regular session at 6:42 p.m. Rezoning Public Hearing At 6:45 p.m. the Board adjourned to a duly advertised public hearing to consider rezoning requests. Hal Johnson, Planning & Zoning Director, presented the following requests, and Chairman Holmes opened the public hearing for comments on each request and closed it before taking action on each request. 1. WGS, LLC, Trinity, North Carolina, is requesting that 6.65 acres (out of 9.33 acres) located at the end of Prospect Court, Trinity Township, be rezoned from Residential Agricultural to Light Industrial/Conditional Use. Tax ID# 6798261637. The proposed Conditional Use Permit would provide an additional lot in Prospect Industrial Park. The Planning Board considered this request at public meeting on November 9, 2004, and recommended unanimously that this request be approved as consistent with the Growth Management Plan as a Primary Growth Area. W.G. Sink, applicant, said that he has a manufacturer ready to move in. There is a mobile home on the property that he may sell. On motion of Frye, seconded by Kemp, the Board voted unanimously to approve the request of WGS, LLC. 2. GREGORY KENYON, Siler City, North Carolina, is requesting that approximately 22 acres located on Deep River Church Road, Coleridge Township, be rezoned to allow a residential subdivision overlay. Tax ID# 8618282878. The Conditional Use Zoning District would specifically allow a 6 -lot rural residential subdivision primarily for doublewide mobile homes. The Conditional Use Permit would further require a 35' no -cut buffer along the east property line. The Planning Board considered this request at public meeting on November 9, 2004, and recommended unanimously that this request be denied. Russell Lineberry spoke in favor of the request, saying that there would be no single- or double- wides, only site -built and off -frame modular home. The average lot size would be 3.6 acres. He would include a restriction of no double-wides. He said that the minimum house size would be either 1300 or 1400 sq. ft. There will be a 35 -ft. no cut buffer around the property. He said that all trash currently on the property would be cleaned up. He also said that he knows most of the people who plan to build in the proposed subdivision and that their children already attend school in the area. Kenneth Temple, 3978 Deep River Church Rd., said that he was speaking on behalf of his father, Willis Temple. Mr. Temple's land is south of the proposed subdivision and has been farmed since 1918. The prevailing winds will blow their farm odors towards the subdivision. This community is very rural and he is afraid that approval of this subdivision will set a precedent for more development. Nine people raised their hands in opposition to this request. Terry Saunders, 1944 NC Hwy 22 South, Ramseur, said that the establishment of voluntary agricultural districts is good but he believes that it is the Commissioners' job to let people know that I A there are working farms in areas. He feels that the very reason that voluntary agricultural districts are being created suggests that new development shouldn't be allowed in the first place. Richie Kidd, 6220 Troy Caviness Rd., Ramseur, said that he has 2 children and is opposed to this subdivision. He hopes his children could build homes there one day. On motion of Lanier, seconded by Frye, the Board voted 4-1, with Kemp opposing, to deny the request of Greg Kenyon. 3. DENNIS & SHARP DEVELOPMENT, Greensboro, North Carolina, is requesting that 6.21 acres located on Poole Town Road (across from Henry Parrish Road), Cedar Grove Township, be rezoned to allow an exclusive residential subdivision overlay. Tax 1D# 7741126366. The Conditional Use Zoning District would specifically allow a 4 -lot conventional residential subdivision for site -built homes. The Planning Board considered this request at public meeting on November 9, 2004, and recommended unanimously that this request be approved. Debbie Craven Dennis, 514 Abby Lane, Asheboro, spoke in support of the request. On motion of Kemp, seconded by Davis, the Board voted unanimously to approve the request of Dennis and Sharp Development. Adjournment There being no further business, the meeting adjourned at 8:40 p.m. J. Harold Holmes, Chairman Darrell L. Frye Phil Kemp Arnold Lanier Robert B. Davis Cheryl A. Ivey, Deputy Clerk to the Board