070698July 6, 1998
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 Fyre, Kemp,
Holmes, Davis, and Mason were present. Rev. Joe Farlow, Randleman Police Chief, gave the invocation, after
which everyone recited the Pledge of Allegiance.
Addition/Deletion to Agenda
Chairman Frye announced the deletion of the portion of item E. under the consent agenda that reads
"Appoint Lt. Lanny McIver to Replace Sheriff Litchard Hurley;" he also added, under New Business, item L.
"Resolution Appointing Dean Spinks as Plat Review Officer for Trinity."
Special Presentations
Chairman Frye presented a retirement plaque to Jerry Shaw of the Sheriff's Department for 16 years of
service. He also presented a framed certificate of appreciation to Tyler Lisk for 24 years of service as a
member of the Randolph Community College Board of Trustees.
Consent Agenda
On motion of Holmes, seconded by Davis, the Board unanimously approved the consent agenda, as
follows:
• approve minutes of June 1, 2, 8, 15, and 22;
• approve resolutions adding Betsy Lane, Cedarwood Court, Arrowstone Drive, and Beechwood Court to the
State System of Roads;
• appoint Patricia Garren to a one-year initial term and reappoint Susan Behr and Cindy Hilliard to three-
year terms on the Nursing Home/Adult Care Home Community Advisory Committee;
• reappoint Lynn Scherer to a one-year term as animal cruelty investigator;
• appoint Judge Brad Long to replace Judge Bill Neely on the Criminal Justice Partnership Advisory Board
Release of Zoning Jurisdiction to Randleman
Rick Hardin, Randleman City Manager, reviewed Randleman's previous request for the County to
relinquish zoning jurisdiction on about 1700 acres bordering Randleman city limits. He said that he and Hal
Johnson, County Planning and Zoning Director, had met and worked out a compromise, according to County
Commissioners' instructions after their last meeting. He then presented a map showing a new proposal of
about 1484 acres, all within a one -mile radius of the city limits. Mr. Hardin stated that in this area existing
singlewide mobile homes would be grandfathered in and doublewides would be allowed.
Chairman Frye stated that he would allow comments from the audience.
Bill Wall commented that half of the 100 acres of his uncle's farm that has been taken out of the original
plan is being taken by D.O.T., so actually only 50 acres is being excluded from the new proposal. He said that
the current Wall Brothers Road will be replaced by a new one.
Butch Coltrane stated that the proposed extraterritorial zoning jurisdiction (ETJ) area takes in a part of
Sophia and that this would take away their community atmosphere. He said there should be a buffer between
Sophia and Randleman's ETJ.
On motion of Davis, seconded by Kemp, the Board unanimously voted to approve the release of zoning
jurisdiction to the City of Randleman as amended and shown on the map (ATTACHED) presented today.
Ramseur Economic Development Proiect
Hampton Spivey, Mayor of Ramseur, stated that the Town is working on an economic development
project that requires extension of water and sewer to the site. An engineer has estimated that it will cost
$93,000 to extend both water and sewer. Mr. Spivey requested a loan of $65,000 from the County in order to
pay for sewer extension.
The Board questioned Mr. Spivey at length and discussed terms of payback if they approve the loan.
On motion of Kemp, seconded by Holmes, the Board unanimously agreed to loan $65, 000 to the Town of
Ramseur, to be paid back at no interest over an 8 -year period, beginning July, 1999, with payments of
$4,062.50 to be made twice a year.
Update on Animal Control Ordinance
MMi Cooper, Health Director, reviewed proposed changes in the ordinance since her last report to the
Commissioners. These changes dealt with the exotic reptile and the wild and dangerous animals sections. She
also proposed that a sentence be added to page 7 section 2. Confinement in a Major Subdivision that will read,
"Appendix A to this ordinance as updated from time to time lists subdivisions that operate under a leash
restriction pursuant to this section."
The Board suggested adding a requirement for snake owners to be registered with the County. Two
people in the audience expressed a concern about relaxing regulations for reptiles and about not regulating
primates. Chairman Frye asked them to discuss their concerns with Ms. Cooper after the meeting.
Annual Settlement Report
Ben Chavis, Tax Assessor/Collector, shared a chart showing the growth of revenue and the collection rate
for the last five years. He then presented the settlement report for FY 1997-98. He stated that the overall
collection rate for the year was 98.88%, which is an increase over last year's 98.84%. Collection rate for
ambulance fees was 73.99%.
On motion of Davis, seconded by Holmes, the Board unanimously accepted the 1997-98 tax settlement
report (ATTACHED).
Reappointment of Tax Assessor/Collector
On motion of Kemp, seconded by Mason, the
Assessor/Collector to a four year term expiring July
Board unanimously reappointed Ben Chavis as Tax
11, 2002, and set his bond at $200, 000.
Swearing In of Tax Collector
Alice Dawson, Clerk to the Board, administered the Tax Collector's Oath of Office to Ben Chavis.
Charge to the Tax Collector
On motion of Mason, seconded by Holmes, the Board unanimously authorized Ben Chavis, Tax
Collector, to collect taxes for the 1998-99 fiscal year, as set forth in the Charge to the Tax Collector:
To Benjamin T. Chavis, Tax Collector of the County ofRandolph: You are hereby authorized, empowered and commanded to collect
the taxes setforth in the tax records filed in the office of the County Assessor and in the tax records delivered to you, in the amounts
and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the
respective taxpayers in the County ofRandolph and this order shall be a full and sufficient authority to direct, require, and enable
you to levy on and sell any real and personal property of such taxpayers, for and on account thereof, in accordance with law.
1998-99 Classification Plan
Hal Scott, Jr., Personnel Director, presented for approval the 1998-99 Classification Plan in accordance
with actions approved by the Board during the budget process. The General County Classification Plan reflects
the 3% across-the-board increase for County employees. Law enforcement positions have been placed in a
newly created Law Enforcement Classification Plan to accommodate the additional 2% that Sergeant,
Corporal, Deputy, and Jailer Classes received. The Telecommunications and Emergency Medical Technicians
Classification Plan has been increased 3% for Telecommunications positions and 5% for Emergency Medical
Technician positions.
On motion of Mason, seconded by Davis, the Board unanimously approved the 1998-99 Classification
Plan (ATTACHED) as presented.
Mr. Scott reported that there had been a computer error in calculating the amount needed for the entire
salary package. The reported amount was $60,143 more than was needed. Mr. Scott recommended keeping
this overage in the contingency account in case health insurance stop -loss payments exceed the budgeted
amount. The Board concurred with this recommendation.
Public Hearing on Addition of Junk Vehicle Regulations to Unified Development Ordinance
The Board set a public hearing on this matter for 5:30 p.m. on August 3, 1998.
September Meeting Date
On motion of Holmes, seconded by Mason, the Board unanimously set their regular September meeting
for Tuesday, September 8, because of the Labor Day holiday.
Voting Delegate for NCACC Conference
On motion of Davis, seconded by Mason, the Board unanimously appointed Chairman Frye as voting
delegate and Commissioner Kemp as alternate voting delegate for the NC Association of County
Commissioners Annual Conference in Charlotte in August.
Appointment to County Planning Board
On motion of Holmes, seconded by Kemp, the Board unanimously approved Chairman Frye's
recommendation to appoint Tommy Boyd to fill the unexpired term of Aweilda Williams on the County
Planning Board, with term expiring February, 2001.
Resolution Appointing Plat Review Officer for Trinity
On motion of Mason, seconded by Holmes, the Board unanimously approved the following resolution:
WHEREAS, S.L. 1997-309 (5875) makes a number of significant changes in the procedures for recording maps and plats; and
WHEREAS, the main purpose of the law is to transfer the responsibility for reviewing plats to determine whether they meet recording
requirements from the Register of Deeds to a Review Officer; and
WHEREAS, the new G.S. 47-30.2 requires the Board of County Commissioners in each County, by resolution, to appointa person to
serve as Review Officer to review each plat before it is recorded and certify that it meets the statutory requirements for recording; and
WHEREAS, it is the desire of the Randolph County Board of Commissioners to insure an expeditious review of all maps and plats as
required by G.S. 47-30.2 before they are presented to the Register of Deeds for recording.
NOW THEREFORE, BE IT RESOLVED, effective July 6, 1998, that Dean Sp inks in the City of Trinity is hereby appointed to
perform all responsibilities as required for Review Officer under the appropriate North Carolina General Statutes.
BE IT FURTHER RESOLVED that a copy of this Resolution designating this Review Officer be recorded in the Randolph County
Register of Deeds Oce and indexed in the name of the Review Officer.
Budget Amendment - Day Reporting Center Grant
On motion of Davis, seconded by Kemp, the Board unanimously approved Budget Amendment #1 to the
FY 1998-99 Annual Budget, to reflect Criminal Justice Partnership grant funds received for the Day
Reporting Center, as follows:
GENERAL FUND #I
Appropriations
Increase
Criminal Justice Partnership
131,509
Revenues
Increase
Restricted Intergovernmental
131,509
Budget Amendment - Community Based Alternatives
On motion of Holmes, seconded by Davis, the Board unanimously approved BudgetAmendment #2 to the
FY 1998-99 Annual Budget to reflect a state allocation of funds for Community BasedAlternatives programs,
as follows:
GENERAL FUND - #2
Appropriations
Increase
Community Based Alternatives
265,013
Revenues
Increase
Restricted Intergovernmental
265,013
Budget Amendment - Public Health
On motion of Davis, seconded by Holmes, the Board unanimously approved BudgetAmendment #3 to the
FY 1998-99 Annual Budget to reflect state funding for the Health Department's TB program, as follows:
GENERALFUND - #3'
Appropriations
Increase
Public Health
875
Revenues
Increase
Restricted Intergovernmental
875
Budget Amendment - Loan to Ramseur
On motion ofMason, seconded by Kemp, the Board unanimously approved Budget Amendment #4 to the
FY 1998-99 Annual Budget in order to provide funds for a loan to Ramseur, as voted on earlier in this
meeting, as follows:
GENERAL FUND - #4
Appropriations
Increase
Advance Town of Ramseur
65,000
Revenues
Increase
Fund Balance Appropriated
65,000
Industrial Revenue Bond Proiect (Vitafoam) Public Hearing and Resolution
Bill Ivey, Bond Attorney for the County, explained that this project is taking place in Guilford County but
that a small part of Vitafoam's facility is in Randolph County. Therefore, a public hearing is required in
Randolph County as well as in Guilford. This is a $7.2 million project for acquisition of equipment that will
make Vitafoam's manufacturing process more environmentally friendly. Mr. Ivey stated that the Randolph
County Industrial Bond Authority will meet later this month to consider the project, which will create 27 new
jobs. Guilford County's Authority has already approved the project.
Chairman Frye opened the public hearing and asked for public comments; hearing none, he closed the
public hearing.
On motion of Holmes, seconded by Mason, the Board unanimously approved the following resolution:
APPROVAL OF INDUSTRIAL PROJECT FOR VITAFOAM INCORPORATED, AND THE FINANCING THEREOF WITH
INDUSTRIAL REVENUE BONDS IN THE PRINCIPAL AMOUNT OF UP TO $7,200,000 TO BE ISSUED BY THE
GUILFORD COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY
WHEREAS: The Guilford County Industrial Facilities and Pollution Control Financing Authority (the "Guilford County
Authority") has agreed to assist in the financing under the North Carolina Industrial and Pollution Control Facilities Financing Act (the
"Act") of an industrial project by Vitafoam Incorporated, a North Carolina corporation (the "Company"), which plans to acquire and
install equipment in two facilities for the manufacture of polyurethane foam and polyester fiber batting and related products in High Point
(the "Project"), to be located in each of Guilford and Randolph Counties, and the Guilford County Authorityhas indicated that agreement
by the execution of an Inducement Agreement between the Guilford County Authority and the Company dated February 25, 1998; and
WHEREAS, under Section 159C-10 of the Act the issuance of bonds under the Act must be approved by the governing body of the
county in which a part of the project to be financed under the Act is located; and
WHEREAS, this Board of Commissioners has today held a public hearing with respect to the advisability of the Project and the
issuance of bonds therefor, as evidenced by the Certificate and Summary of Public Hearing attached hereto as Exhibit A; and
WHEREAS, Section 147(f) of the Code requires that the Board of Commissioners approve the issuance of the bonds; and
WHEREAS, the Guilford County Authority intends to issue its Industrial Development Revenue Bonds (Vitafoam Incorporated
Project), Series 1998 (the `Bonds") in the principal amount of $7,200,000 which will be secured by a letter of credit issued by allnited
States bank;
NOW, THEREFORE, the Board of Commissioners of Randolph County, meeting in regular session at Asheboro, North Carolina,
on July 6, 1998, do the following:
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR RANDOLPH COUNTY:
1. The proposed "industrial project" consisting of the acquisition and installation of equipment in two facilities for the manufacture
of polyurethane foam and polyester fiber batting and related products by Vitafoam Incorporated, a part of which will be located in each
of Guilford County and Randolph County, and the issuance of bonds in an amount not to exceed $7,200,000 therefor are hereby
approved.
2. The Board of Commissioners hereby approves the issuance of the Bonds as required by Section 147(f) of the Code.
3. The Board of Commissioners hereby consents to the issuance of the Bonds in the principal amount of $7,200,000 for purposes
of Section 159C-10 of the Act.
Exhibit A - Certificate and Summary
The undersigned Clerk of the Board of Commissioners of Randolph County, North Carolina, hereby certifies:
1. Notice of a public hearing (the "Hearing") to be held on July 6, 1998, with respect to the issuance of bonds by The Guilford
County Industrial Facilities and Pollution Control Financing Authority (the "Guilford County Authority") for the benefit of Vitafoam
Incorporated, (a North Carolina Corporation, or a designated affiliate (the "Company") was published on June 22,1998, in The Courier -
Tribune.
2. The presiding officer of the Hearing was Chairman Darrell Frye.
3. The following is a list of names and addresses of all persons who spoke at the Hearing: No one spoke.
4. The following is a summary of the oral comments made at the Hearing: No comments made.
IN WITNESS WHEREOF, my hand and the seal of Randolph County, this 6th day of July, 1998.
Clerk, Board of Commissioners of Randolph County, North Carolina
Rezoning Public Hearing
At 6:30 p.m. the Board adjourned to a duly advertised public hearing to consider rezoning requests. Hal
Johnson, Planning and Zoning Director, presented the following requests:
1. Mark Langley, Liberty, is requesting that 24.7 acres on Starmount Road, Liberty Township, be rezoned
from RA to RR for a subdivision that would allow site -built, Class A doublewide, and modular homes on a
minimum lot size of 40,000 square feet. The Planning Board unanimously recommended approval.
2. Curtis Price, Randleman, is requesting that 14.8 acres at the end of Acts Temple Drive, Level Cross
Township, be rezoned from RA to RM/CU to allow 3 lots to be added to Acts Temple Mobile Home Park.
The Planning Board unanimously recommended approval.
3. Seldom Rest Cabinet Shop, Bennett, is requesting that 1.5 acres (out of 6.84) on Nuby Purvis Road, Mary
Purvis Division lot 2, Pleasant Grove Township, be rezoned from RA to HC/CU to allow a 100' x 120' cabinet
shop to be constructed with minor expansion on the sides and rear of the building in the future. The Planning
Board unanimously recommended approval.
Citizen Comments - Request #1
Mark Langley, 5613 Hwy 49 North, Liberty, stated that he is developing this subdivision for Martha
Coleman, the property owner. He plans to build 2 speculation modular houses along the front on Starmount
Road, and he will build a paved street to state standards. He said there are 6 homes using a private road that
will be taken into lots 3-8 but that he plans to give an easement between lots 8 and 9 from the proposed new
street to the private road. All the houses along the private road are beyond the portion that would be
abandoned because of the new lots. Mr. Langley said that the private road doesn't meet state standards and
won't ever be paved. He stated that the only recorded easement to the private road that he could find is for
Danny Stevens, who has agreed to using the new street instead.
Chairman Frye noted that the Martha Coleman, the property owner, had called him in support of the
project.
Sandra Farmer, 4811 Hoots Hollow Road, Liberty, stated that she lives on the private road in question
and presented for inspection a recorded easement for the entire road up to her house. She asked if the road
bed could be moved without her permission. She said the reason this road has not been paved is because
Martha Coleman, the property owner for the proposed subdivision, and Frances Dodson, another adjacent
property owner, would not sign for a state right-of-way. Mrs. Farmer opposed the rezoning and also said she
does not want to give up the current private road because she keeps children and they use the road a lot for
walking and biking.
Kelly Coble, 4595 Troy Smith Road, Liberty, said he owns 10 acres nearby on which he plans to build.
He opposed the number of houses planned, stating that this is a very rural area and he wants it to stay that way.
Luther Coble, 4576 Gilmore Drive, Liberty, opposed the request, stating that he bought property in the
area because of the wildlife and the quiet.
Lynda Williams, 6767 Brookbank Road, Summerfield, identified herself as the daughter of Frances
Dodson, adjacent property owner. She said she was speaking on behalf of her mother, who is deaf and legally
blind. She opposed the development and said that the proposed entrance is not safe.
Iris Stone, 1009 S. Church Street, Asheboro, daughter of Frances Dodson, adjacent property owner, said
the development would destroy the quiet rural setting and could lower property values.
Jeff Blalock, 887 Starmount Road, Liberty, said the soil is very poor in this area and probably won't
handle 18 septic tanks.
Jimmy Shelton, 4948 Troy Smith Road, Liberty, opposed the number of houses and location of entrance.
Sandra Young, 5067 Troy Smith Road, Liberty, said his family owns 365 acres nearby and that they want
the area to remain agricultural.
Citizen Comments - Request #2
Curtis Price, 252 Price -Noble Road, Randleman, said all he intends to do is add 3 more mobile homes.
Citizen Comments - Request #3
Mark Purvis, 8280 Howard Mill Road, Bennett, spoke in support of his request.
Chairman Frye closed the public hearing.
Board Action on Requests
On motion of Kemp, seconded by Holmes, the Board unanimously denied the request of Mark Langley.
On motion of Davis, seconded by Mason, the Board unanimously approved the request of Curtis Price.
On motion ofMason, seconded by Holmes, the Board unanimously approved the request of Seldom Rest
Cabinet Shop.
Darrell L. Frye, Chairman
J. Harold Holmes
Robert O. Mason
Phil Kemp
Robert B. Davis
Alice D. Dawson, Clerk to the Board