120798December 7, 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 Frye, Kemp,
Davis, Holmes, and Mason were present. Invocation was given by Angela Windley, Choral Director at Eastern
Randolph High School, who sang The Lord's Prayer. Then everyone recited the Pledge of Allegiance.
Changes to the Agenda
Chairman Frye announced the following changes under new business items: Delete C. and add J. Name
for New County Courthouse.
Reorganization of the Board
On motion of Davis, seconded by Mason, the Board unanimously voted to maintain the status quo with
the Chairman (Darrell Frye), Vice Chairman (Phil Kemp), County Attorney (Alan Pugh), Clerk to the Board
(Alice Dawson), Deputy Clerk to the Board (Cheryl Ivey), representative to the Board of Health (Robert
Davis), representative to the Mental Health Board (Robert Mason), representative to the Social Services
Board (Harold Holmes), representative to the High Point Transportation Advisory Board (Darrell Frye), and
delegate to Piedmont Triad Council of Governments (Darrell Frye).
Consent Agenda
On motion of Holmes, seconded by Davis, the Board approved the consent agenda, as follows:
• approve minutes of November 2, 1998;
• approve closed session minutes of November 2, 1998;
• reappoint Linda Covington to the Nursing Home/Adult Care Home Community Advisory Committee (3 -
Year Term);
• Reappoint Carol Coble, Dr. Cheryl Freeman, Dr. Michael Loomis, Dr. William Walker, andDr. Charles
West to the Board of Health (3 -Year Terms);
• Reappoint Ted Hollingsworth and Tommy McDonald to the Randleman Planning and ZoningBoard (2 -
Year Terms);
• Approve Resolutions Adding Eagle Landing, Destin Drive, Sundance Trail, and Brookside Court to the
State System of Roads;
• Appoint Randy Kirkman as Outside Member on the Liberty Planning and Zoning Board (3 -Year Term);
• Appoint Ron Moore, Jr. to Fill the Unexpired Term of Kevin Bowman on the Tourism Development
Board (Term Expires 10199);
• Appoint Tommy Routh to Fill the Unexpired Term of Tim Benbow as Outside Member on the
Franklinville Planning and Zoning Board (Term Expires 3102);
• Appoint Ben Chavis to Fill the Unexpired Term of Alida Herrera on the Community Child Protection
Team/Child Fatality Review Team (Term Expires 11199).
Rate Order for Adiustment for Basic Cable Television Programming
David Harris of Piedmont Triad Council of Governments advised the Board that they are authorized by
the FCC to regulate rates associated with basic programming services. Cable operators may file for rate
adjustments on an annual basis, using FCC Form 1240. Time Warner has filed Form 1240 requesting rate
adjustments for basic programming services for both the Asheboro System (decrease of 19¢) and Archdale
System (decrease of 110). Mr. Harris stated that staff at PTCOG had examined this rate adjustment filing and
found that Time Warner's numbers are accurate and that they had followed the FCC procedures.
On motion of Kemp, seconded by Mason, the Board unanimously approved the following ORDER:
WHEREAS, the County of Randolph ("County') has been duly certified by the Federal Communications
Commission to regulate cable rates for Time Warner Cable within the unincorporated limits of the County and
as may be further defined in the current Cable Television Ordinance and Franchise Agreement; and
WHEREAS, on September 25, 1998, Time Warner Cable filed Federal Communications Commission
("FCC') Form 1240's, with the County, requesting a rate adjustment as provided forin the current provisions of
the FCC regulations; and
WHEREAS, the aforementioned FCC Form 1240's were examined by the Piedmont Triad Council of
Governments in accordance with an agreement between the Piedmont Triad Council of Governments and the
County; and
WHEREAS, the calculations and justifications for the requested rate adjustments were found to be
consistent with applicable rate regulation rules as published by the Federal Communications Commission;
NOW THEREFORE THE COUNTY COMMISSIONERS OF THE COUNTY OF RANDOLPH DOTH
ORDER:
The rates for regulated basic programming services for Time Warner Cable are hereby approved as set
forth below:
Basic Programming Service (Asheboro System) $7.02
Basic Programming Service (Archdale System) $7.42
Resolution for Refinancing of Cross Road Facility
Mary Nash Rusher of Hunton and Williams, bond counsel for Cross Road Rest and Retirement Center,
explained that in 1982 the Randolph County Health Development Authority was formed through appointment
by the County Commissioners. The Authority issued revenue bonds for Cross Road for a 116 -bed home for
the aged. In 1992 these bonds were refinanced, at which time Cross Road added an Alzheimer unit and
independent living quarters. Cross Road now wants to refinance these bonds through the NC Medical Care
Commission. When the bonds are paid off, title goes to the County; then the County will transfer title to Cross
Road through a procedure outlined in NCGS 160A-279.
Alan Pugh, County Attorney, stated for the record that Ed Gavin of his law firm had been retained by
Cross Road to handle certain property matters in this transaction, but not to serve as bond counsel.
On motion of Kemp, seconded by Mason, the Board unanimously approved the following resolution
approving the refinancing of the Cross Road Rest and Retirement Center and the transfer of the facility:
WHEREAS, the Randolph County Health Development Authority, Inc. (the "Authority') is a nonprofit
corporation existing under Chapter 55A of the North Carolina General Statutes; and whereas, the Board of
Commissioners of Randolph County (the "County') controls the Authority in that it appoints the Board of
Directors of the Authority; and
WHEREAS, in 1992 the Authority issued its $2,055, 000 First Mortgage Refunding Revenue Bonds (The
Cross Road Rest and Retirement Center, Inc., Facility), Series 1992 (the "1992 Bonds') pursuant to a
Restated Indenture of Trust dated as of July 1, 1992 between the Authority and Reliance Trust Company, as
trustee (the "Trustee'); and
WHEREAS, the proceeds of the 1992 Bonds were used to refund the Authority's First Mortgage Revenue
Bonds (The Cross Road Retirement Center, Inc. Facility), Series 1982 (the "1982 Bonds'), the proceeds of
which were used in the acquisition, renovation, furnishing and equipping of a 116 -bed home for the aged and
disabled located near the City of Asheboro in Randolph County (the "Facility'); and
WHEREAS, the Facility was leased to The Cross Road Rest and Retirement Center, Inc. ("Cross Road'),
a nonprofit corporation organized and existing under Chapter 55A of the North Carolina General Statutes and
exempt under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code') pursuant to
a Restated Lease Agreement dated as of July 1, 1992, which provided, among other things, forpayments by
Cross Road sufficient to pay the debt service on the 1992 Bonds; and
WHEREAS, the 1982 Bonds and the 1992 Bonds were issued by the Authority acting "on behalf of,'the
County pursuant to IRS Revenue Ruling 63-20 ("63-20'), and, in order to satisfy the requirements of 63-20,
the County approved the formation of the Authority and the issuance of the 1992 Bonds and the 1982 Bonds,
and agreed to accept title to the Facility once the 1992 Bonds have been paid in full; and
WHEREAS, upon issuance of the 1992 Bonds, the Authority executed a warranty deed and a bill of sale
(the "Conveyance Instruments') to the County conveying all of its interest in the Facility to the County, and
delivered the Conveyance Instruments to the Trustee, to be held in trust and delivered to the County upon full
payment of the Bonds or upon provision for full payment of the principal, premium, if any, and accrued interest
on the 1992 Bonds; and
WHEREAS, Cross Road has proposed that the North Carolina Medical Care Commission (the "NCMCC')
issue its Health Facilities Revenue Bonds (The Cross Road Rest and Retirement Center, Inc. Project), Series
1998 (the "Bonds') in the principal amount of approximately $5,900,000, the proceeds of which would be
loaned to Cross Road and used to acquire the Facility from the County and retire the 1992 Bonds, to refund
existing debt used to finance the independent living units located on the same premises as the Facility, and to
finance approximately $1,000,000 in additional renovations to the Alzheimer's Care Center that is adjacent to
the Facility; and
WHEREAS, NCGS § 160A-279 permits the County to transfer property by private sale to any nonprofit
entity that carries out a public purpose so long as such entity covenants to continue to use the property for a
public purpose; and
WHEREAS, the County finds it to be in the County's best interest to transfer its interest in the Facility to
Cross Road for a nominal sum of $10.00 in connection with the redemption of the 1992 Bonds and the
refinancing of the Facility;
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF RANDOLPH, NORTH
CAROLINA:
1. The County hereby finds that the refinancing of the Facility by the Authority, the redemption of the 1992
Bonds, and the transfer of the Facility to Cross Road is in the best interest of the County.
2. The Board hereby approves the execution and delivery by the Authority of any documents or certificates
that may be required in connection with the execution and delivery of the Bonds, the redemption of the 1992
Bonds and the transfer of the Facility, and any other actions taken by the officers of the Authority in
connection therewith.
3. The Board hereby authorizes and directs the Chairman or Vice Chairman of the Board, and the County
Manager and Finance Officer, or any of them, upon advice of the County Attorney and bond counsel for the
Bonds, to take such action as may be required to transfer the Facility to Cross Road, for consideration of
$10.00, in connection with the redemption of the 1992 Bonds, including but not limited to execution and
delivery of such deeds and bills of sale as may be necessary for such redemption and transfer. The Clerk of
the Board shall attest and seal such documents as require the Clerk's attestation and the County seal. The
documents referred to in this Resolution providing for the transfer of the Facility shall include covenants or
conditions which assure that the Facility will continue to be put to a public use by Cross Road.
4. The Board hereby directs the Clerk to publish notice summarizing this resolution as required by NCGS
160A-267.
5. This resolution shall take effect immediately.
Resolution Concerning Work First Transitional/Employment Transportation Assistance Funds
Candie Rudzinski, Randolph County Senior Adult Association, reported that NC Department of
Transportation is for the second year providing each county with operating assistance funds to help met Work
First and employment transportation needs. One million dollars will be provided through a formula allocation.
Randolph County's portion is $14,360. An ad hoc group made up of the Frank Willis, County Manager;
Martha Sheriff, Social Services Director; and Russ Keeney, Community Transportation System; as required by
the State, has determined the appropriate entity to receive these funds. They are recommending that the Senior
Adults Association, on behalf of the Community Transportation System, RCATS, be designated to receive
these funds.
On motion of Davis, seconded by Holmes, the Board unanimously adopted a resolution, as follows,
authorizing the County to apply for FY1998-99 WorkFirst/Employment Transportation OperatingAssistance
from the $1 million allocation; designated Randolph County Senior Adults Association, on behalf of the
Community Transportation System (RCA IS), as the agency to receive these funds once they are awarded to
Randolph County; and approved Budget Amendment #20, which reflects the $14,360 to be received, as
follows:
WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor ofNorth Carolina
have designated the North Carolina Department of Transportation as the agency responsible for administering federal
and state public transportation funds; and
WHEREAS, the purpose of these transportation funds is to support transitional transportation needs of Work -First
participants after eligibility for cash assistance has concluded and/or other employment transportation needs; and
WHEREAS, the SFY1998-99 funds are available for eligible program costs for the period specified by the North
Carolina Department of Transportation; and
WHEREAS, the Randolph County Board of Commissioners has approved the local entity designated to receive the
operating allocation for Work First and employment transportation; and
WHEREAS, the Randolph County Board of Commissioners hereby assures and certifies that it will comply with
state statutes, executive orders and all administrative requirements which relate to applications, made to and assistance
received from the North Carolina Department of Transportation for the Work First Transitional/Employment
Transportation Assistance Program.
NOW, THEREFORE, BEITRESOLVED that the Randolph County Board of Commissioners hereby submits an
application for SFY 1998-99 Work First Transitional/Employment Transportation Assistance funds for use by the
designated local entity and assures that it will provide to the North Carolina Department ofTransportation information
regarding the use of the funds at such time and in such manner as the Department may require.
GENERAL FUND - #20'
Appropriation
Increase
Aging Services
$14,360
Revenue
Increase
Restricted Intergovernmental
$14,360
Budget Amendment - Aging Services Supplemental Funds
Ms. Rudzinski reported that the Aging Services Planning Committee had met and approved the
distribution of Aging Services Supplemental Funds totaling $61,101 from the State. She explained the
distribution of these funds by agency and program as shown of Form DOA -731. Social Services will have a
match of $1,056 (from Fund Balance) for their portion, making the total $62,157.
On motion ofHolmes, seconded byMason, the Board unanimously approved Budget Amendment#21 to
the FY 1998-99 Annual Budget, as follows:
GENERAL FUND - #21>
Appropriation
Increase
Aging Services
$62,157
Revenue
Increase
Restricted Intergovernmental
Fund Balance Appropriated
$61,101
$1,056
Randolph County Schools Purchase of Land
Bob Scherer, Assistant Superintendent, came before the Board to seek approval for Randolph County
Schools to purchase land for a future elementary school to relieve overcrowding at Seagrove and Farmer
Elementary Schools. The 24.8 -acre tract is on Southmont off Mack Road and is not in the Hwy 64 -Bypass
corridor or in a watershed. Almost all the land is usable. The asking price is $190,000.
On motion of Kemp, seconded by Davis, the Board unanimously authorized the purchase of this property.
On motion ofMason, seconded by Holmes, the Board unanimously approved Budget Amendment #22 to
the FY 1998-99 Annual Budget, to reflect receipt of State ADMfunds for the purchase of the land, as follows:
;GENERAL FUND - #22>'
Appropriation
Increase
County Schools -Cap. Excess COPS Debt Srv.
$212,980
Revenue
Increase
Miscellaneous Revenue
$212,980
Budget Amendment - Library
Richard Wells, Library Director, announced that the Library has been awarded a Library Services and
Technology Internet Connectivity Grant of $23,500 for the purchase of 10 computers; also, the Library has
received an additional $55,078 from the State Aid to Public Libraries Fund.
On motion of Holmes, seconded by Davis, the Board unanimously approved Budget Amendment #23
to the FY 1998-99 Annual Budget, as follows:
GENERAL FUND - #23>
Appropriation
Increase>
Public Library
$78,578
Revenue
Increase
Restricted Intergovernmental
$78,578
Budget Amendment - Social Services
On motion of Holmes, seconded by Mason, the Board unanimously approved Budget Amendment #24
to the FY 1998-99 Annual Budget, to reflect receipt of additional child Day Care funds, as follows:
GENERAL FUND - #24'
Appropriation
Increase>
Social Services
$28,435
Revenue
Increase
Restricted Intergovernmental
$28,435
Pawnbroker License Renewal for Frank Chamberlin
Aimee Scotton, Staff Attorney, stated that she had reviewed the pawnbroker license renewal application of
Frank Chamberlin and that it meets all requirements of the County's ordinance.
On motion of Mason, seconded by Holmes, the Board unanimously approved the renewal of a
pawnbroker's license for Harry Franklin Chamberlin.
Voting Delegate for NCACC Legislative Goals Conference
On motion of Davis, seconded by Mason, the Board unanimously appointed Commissioner Kemp as
voting delegate at the NCA CC Legislative Goals Conference.
Resolution Approving Pass -Through Funds for PTCOG for Statistical Data and Analysis
On motion of Holmes, seconded by Davis, the Board unanimously approved the following resolution:
WHEREAS, Lead Regional Organizations have established productive voluntary working relationships
with municipalities and counties across North Carolina; and
WHEREAS, the 1998 General Assembly recognized this relationship through the appropriation of
$864,270 for each year of the biennium to help Lead Regional Organizations assist local governments with
grant applications, economic development, community development, and to support local industrial
development activities and other activities as deemed appropriate by local governments; and
WHEREAS, these funds are not intended to be used for payment of member dues or assessments to a
Lead Regional Organization or to supplant funds appropriated by the member governments; and
WHEREAS, in the event that a request is not made by
the Randolph County Board of Commissioners for release of these funds to the Lead Regional Organization,
the available funds will revert to State's general fund; and
WHEREAS, in Region G, funds in the amount of $48,015 will be used to carry out the 1998-99 Program
of Work, which was approved by the Piedmont Triad Council of Governments' Board on June 17, 1998.
NOW, THEREFORE BE IT RESOLVED that the Randolph County Board of Commissioners requests the
release of its share of these funds, $7,161.33, to the Piedmont Triad Council of Governments at the earliest
possible time in accordance with the provisions of state law.
Consideration of Name for New Courthouse
David Townsend advised the Board that the architects for the courthouse project are asking about the
official name for the new building that will be constructed.
On motion of Kemp, seconded by Mason, the Board unanimously approved naming the new building
"Randolph County Courthouse. "
Appointment to Seagrove-Ulah Metropolitan Water District
Chairman Frye announced that he had just received a request from Mike Walker of Seagrove to appoint
Donny Lassiter to the Seagrove-Ulah Metropolitan Water District to replace Jack Lail, who has moved out of
the county.
On motion of Holmes, seconded by Kemp, the Board unanimously appointed Donny Lassiter to a three-
year term on the Seagrove-UlahMetropolitan Water District Board.
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. Roger Hedrick, Trinity, is requesting that 1.5 acres (out of 8) on Millers Mill Road, Trinity Township, be
rezoned from RR to HC/CU to allow the construction of a driving range facility with a 24'x 36' building. The
Planning Board unanimously recommended approval.
2. Hoyt Dorsett, Advance, is requesting that 5 acres on Hwy 49 South, Concord Township, be rezoned from
RA to RR/CU to allow the development of a 7 -lot subdivision that would allow Class A mobile homes,
modular homes, and site -built homes. The Planning Board unanimously recommended approval with the
condition of only site -built or modular homes. Mr. Johnson indicated that a family member ofthe applicant had
agreed to this condition.
Citizen Comments - Request #1
Paul Hedrick, 4982 Millers Mill Road, Trinity, said he lives next door to the proposed facility and that he
is the one who will be managing the business.
Citizen Comments - Request #2
Pansy Hunt, real estate agent and appraiser representing the Dorsett family, stated that the family member
who had agreed to site -built or modular homes only in the development had done so because she felt
intimidated. Ms. Hunt said that the applicant would like to allow the Class A mobile homes, with the
restriction that they be no older than 1994 models, with permanent underpinning. She added that D.O.T. has
indicated that there will be no problem with 7 individual driveways.
John Ferguson, 915 Riverbend Drive, Advance, said he would put only one entrance to the highway if
D.O.T. would let him put half of the frontage road on their right-of-way, or he could make 2 lots share a
driveway.
Harry Goodman, area resident, opposed the number of driveways planned.
Brent Pauly, 5798 Hwy 49, opposed more density in the population of the area.
Ray Voncannon, whose father is an adjoining property owner, expressed concern about groundwater
supply.
Chairman Frye closed the public hearing. The Board discussed the possibility of some sort of buffer zone
along the front of the lots proposed for the Hoyt Dorsett request. The applicant stated that a no -cut buffer of
25 feet would be acceptable.
Board Action on Requests
On motion of Davis, seconded by Mason, the Board unanimously approved the request of Roger Hedrick.
On motion of Kemp, seconded by Mason, the Board unanimously approved the request of Hoyt Dorsett,
as amended, to allow Class A mobile homes, `94 models or newer, on permanent foundations, with the
condition of a no -cut buffer zone of no less than 25 feet along the front of each lot, except for a driveway.
The meeting adjourned at 7:30 p.m.
Darrell L. Frye, Chairman Phil Kemp
J. Harold Holmes
Robert O. Mason
Robert B. Davis
Alice D. Dawson, Clerk to the Board