021296County Commissioners Meeting - February 12, 1996
The Randolph County Board of Commissioners met in regular session at 4:00 p.m. on
February 12, 1996, Commissioners Meeting Room, County Office Building, 725 McDowell
Road, Asheboro, NC. This meeting, originally scheduled for February 5, was postponed because
of inclement weather and poor road conditions. Commissioners Kemp, Frye, Comer, Holmes,
and Davis were present. Invocation was given by Rev. Dale Tanner, Randolph County Social
Services Department.
Addition to the Agenda
Chairman Kemp announced the following addition to New Business items: L. Closed
Session - Judicial Action.
Consent Agenda
On motion of Frye, seconded by Holmes, the Board unanimously approved the consent
agenda, as follows:
° approve January 2 minutes;
° appoint Tommy McDonald to the Randleman Planning & Zoning Board;
° reappoint Randall Bowman, James Blair, and Donald Dalton to the Guil-Rand Fire Protection
District Commission;
° adopt resolutions (ATTACHED) for D.O.T. additions.
Closed Session - Judicial Action
On motion of Frye, seconded by Davis, the Board unanimously voted at 4:10 p.m. to go
into closed session to consult with their attorney to consider and give instructions concerning a
judicial action titled Donna Turner v. Randolph County, et al, pursuant to NCGS 143-
318.11(a)(3). They returned to regular session at 5:00 p.m.
Library Trust Fund
Richard Wells, Library Director, advised that Sue Tucker Yates has donated 32 shares of
Sara Lee stock to the library. These shares have been liquidated, and the net amount is $964.96.
Mr. Wells requested that these funds be placed in the Randolph County Library Trust Fund,
where they will be used to purchase books.
On motion of Frye, seconded by Comer, the Board unanimously approved placing these
funds into the Library Trust Fund.
Budget Amendment - Library
On motion of Davis, seconded by Holmes, the Board unanimously approved Budget
Amendment #29 (ATTACHED), which reflects an additional $10,254 in state funds for the
library.
Heating Oil Bid Award
Frank Willis, County Manager, presented the following bids received for providing
Randolph County with no. 2 heating oil for the 1996-97 heating season:
Briles Oil Co. - .6220 gal. for all buildings Total: $8,987.78
Pugh Oil Co. - .5990 for all buildings except Archdale
Bldg., which is .6790 Total: $8,680.70
Mr. Willis said totals were derived from a cost comparison for all buildings based on fuel
consumption during the last contract and on the bid prices as stated above.
On motion of Holmes, seconded by Davis, the Board unanimously awarded the bid to the
overall low bidder, Pugh Oil Company.
Bid Award - 24 -Hour Digital Logging System for 911
Frank Willis presented the following bids received for providing the County's 911
Communication Center with a 24-hour digital logging system:
Central Telephone Company $ 52,873
Dictaphone Corporation 39,989
Lanier Worldwide 49,898
Tekton, Inc. 48,057
Seltronics Eyretel, Inc. 43,795
Mr. Willis said that Neil Allen, Emergency Services Director, has evaluated the bids and
determined that all bidders meet specifications.
On motion of Frye, seconded by Comer, the Board unanimously awarded the bid to the low
bidder, Dictaphone Corporation, and waived the performance bond.
Smart Start Report
MMi Cooper, Health Director, reported that Randolph County is eligible to receive Smart
Start funding in 1996. At the request of the Chairman of the County Commissioners and the
County Manager, the directors of DSS, Public Health and Mental Health made some site visits to
Smart Start programs in Chatham and Davidson Counties. They attempted to determine if Smart
Start is a worthwhile program, if we have children here in need of services that are not being
offered, if they think that Smart Start is a way to provide these services, and what steps would
need to be taken to insure a smooth and successful program. Ms. Cooper said some advantages
to Smart Start are local control over program content and evaluation of funded programs.
Disadvantages are that Smart Start is very political at the state level; if the program were
defended, it would be difficult to replace those dollars locally. Also, there is a local match
requirement (to be gained through business contributions and/or fundraising); failure to reach the
match may result in some loss of funds. Ms. Cooper said it is the recommendation of the three
directors that we accept the Smart Start funding.
Commissioner Frye expressed concern regarding recent embezzlement of funds in Smart
Start programs in nearby counties, whether Smart Start would be a duplication of services, and
the possibility of funds being cut off. He also asked for clarification regarding conflicting
information on funding amounts and methods. Other questions the Board wanted answered
before voting included: (1) What is the number of children we could probably help through Smart
Start? and (2) Specifically, what would the local Smart Start Partnership Board have to do in the
way of fundraising?
Janice Scarborough, Head Start representative, advised the Board that Randolph County
must have a written plan in to the State by April 1 on how we would spend the money. She asked
if an organizing committee could be appointed now so that they can have a plan ready if the
Commissioners approve an application at a later time.
On motion of Frye, seconded by Holmes, the Board unanimously appointed the following
people to be the organizing committee: Frank Willis, County Manager; Martha Sheriff, DSS
Director; Mazie Fleetwood, Mental Health Director; MiMi Cooper, Public Health Director; Dr.
Bob Gordon, Superintendent of Asheboro City Schools; Worth Hatley, Superintendent of
Randolph County Schools; Dr. Larry Linker, President of Randolph Community College; Dick
Peterson, Director of Cooperative Extension; Richard Wells, Library Director; and Janice
Scarborough, Head Start representative, who will serve as temporary chair of the committee.
Annual Economic Development Update
Walter Sprouse, Executive Director of the Randolph County Economic Development
Corporation, presented copies of the latest issue of North Carolina magazine, which features
several articles on Randolph County. Mr. Sprouse said the highlight of the past year has been the
hiring of Bonnie Renfro, who works exclusively with existing industries. Also an ad hoc task
force was appointed to be a fact-finding group on industrial parks and "spec" buildings. This has
been a year of much growth, including retail, for Archdale. Mr. Sprouse said he has also been
working a lot with the towns of Liberty and Ramseur.
Bonnie Renfro, Existing Industry Coordinator, stated that she has visited 70 businesses so
far in her role as advocate for existing industry. Most of these have expressed concern over the
lack of skilled workers. However, she said, RCC does an excellent job providing specialized
technical training classes for local companies.
Closed Session - Location of Industry
On motion of Holmes, seconded by Davis, the Board unanimously voted at 6:00 p.m. to go
into closed session to discuss matters relating to the location of industry, pursuant to NCGS 143-
318.11(a)(4). They returned to regular session at 6:30 p.m.
Rezoning Public Hearing
At 6:30 p.m. the Board adjourned to a duly advertised public hearing to consider rezoning
requests. Hal Johnson, Zoning Administrator, presented the following requests:
1. Ruby Craven, High Point, is requesting that 1 acre of a 10 -acre tract on Hoover Hill Road,
Trinity Township, be rezoned from RA to HC/CU to construct a 30 x 50 building for a boat
dealership. The Planning Board unanimously recommended denial because it is inconsistent with
area land use patterns.
2. Eddie Morris, Asheboro, is requesting that 252.5 acres on Union Grove Church Road,
Richland Township, be rezoned from RA to RM to develop a 39 -lot subdivision. The Planning
Board unanimously recommended approval.
3. J. C. Callicutt, Jr. & Hal Otis, Ether, are requesting that 10 acres (out of 107.93) on Fork
Creek Mill Road, Richland Township, be rezoned from RA to LI/CU to construct a 120 x 120
building for a frame shop. The Planning Board unanimously recommended denial as inconsistent
with the Land Use Plan.
4. Odell & Dolores Routh, Climax, are requesting that 1 acre (out of 2.6 acres) at 2852 Benny
Linebery Road, Providence Township, be rezoned from HC/RA to HC. The Planning Board
unanimously recommended approval.
Comments - Request #1
Ruby Craven stated that the acre designated for the shop is at the back of the property,
not at the front as indicated. She said if she went about this request the wrong way, Planning staff
should have told her before she paid the $100 application fee.
Danny Carroll said he primarily deals with boat motor repairs and selling of boat trailers,
which requires him to have a car dealer's license. He said he does very little with cars.
Todd Harrison stated that a petition with 236 signatures opposing this request was given
to the Planning Board. He said he and the other neighbors want to keep this area residential. He
discussed concerns for traffic safety, environmental hazards, devaluation of property, and fear that
other businesses would follow.
Ricky Bevan opposed this request and said that at Mr. Carroll's current business location
he has 25-30 boats on the lot, some of which have been there for years, and the tires are flat on
some trailers.
Comments - Request #2
Eddie Morris said he is willing to decrease lots across the front from 17 to 12 and change
the remainder from 5 -acre lots to 10 -acre lots. He said the road would have standard 60' right-of-
ways but would be owner -maintained.
Roy Chriscoe said in a 2 -mile radius there are several poultry houses and 2 hog farms and
he would like to see this development remain in 10 -acre tracts.
Eston Staley said he also would like to see 10 -acre lots.
Comments - Request #3
Bobby Ray Marsh presented a petition with 50+ signatures opposing the request. He said
150 employees and trucks coming in would create a traffic overload for Fork Creek Mill Road
and would be hazardous to children playing outside.
John Holmgren said he moved to this area for its beauty and rural nature and doesn't want
to see these qualities destroyed. He stated that photos of the existing shop show that the
operators are not concerned with the environment, hazards to employees, or aesthetics.
John McCoach said he also moved to this area after looking for a beautiful spot and he
wants to keep it that way.
Comments - Request #4
Odell Routh spoke in support of his application.
Chairman Kemp closed the public hearing.
Board Action on Requests
On motion of Frye, seconded by Holmes, the Board unanimously denied the request of
Ruby Craven.
Commissioner Frye made a motion, seconded by Commissioner Comer, to delay action on
this request for 30 days to see if Mr. Morris can work with Hal Johnson to work out a
compromise on lot sizes.
Commissioner Holmes made a substitute motion to deny this request. It was seconded by
Commissioner Comer and unanimously passed.
On motion of Comer, seconded by Frye, the Board unanimously denied the request of J.C.
Callicutt, Jr. and Hal Otis.
On motion of Holmes, seconded by Frye, the Board unanimously approved the request of
Odell and Dolores Routh.
Grant Applications for Sheriffs Department
Major Allen McNeill requested that the Sheriffs Department be allowed to apply for three
grants from the Governor's Crime Commission:
1. C.A.R.E. (Child Abuse Reduction Effort) Grant: This is a second -year continuation
application of a 100% state -funded grant, totaling $38,500, which allows classes on child abuse to
be taught in schools. Our C.A.R.E. instructor is becoming more involved with training other
instructors across the state. If this grant is awarded, plans are to hire another instructor to teach
the classes so that our current instructor can concentrate on training other C.A.R.E. instructors.
2. S.T.O.P. (Stop Trafficking Opiates Program) Grant: This is a second -year continuation grant
request that requires a 25% local match ($85,656 total budget, with $21,414 to come from the
Sheriffs Law Enforcement Restricted Accounts). Two detectives and a secretary staff this
program designed to curtail illegal drug use and trade through undercover work, surveillance, and
the compilation of a data base on drug activities and individuals.
3. Operation Bootstrap Grant: This program would allow Randolph County to expand its house
arrest program by hiring another deputy and purchasing additional electronic monitoring devices.
The total budget would be $45,704, 25% of which is must be local matching funds.
On motion of Frye, seconded by Davis, the Board unanimously authorized the filing of all
three grant applications.
Budget Amendment - Law Enforcement Restricted Accounts
On motion of Davis, seconded by Holmes, the Board unanimously approved Budget
Amendment #33 (ATTACHED), which authorizes the appropriation of $10,000 from the Sheriffs
Law Enforcement Restricted Accounts for the purchase of computer equipment, surveillance
camera, and personal security batons.
Update on Concealed Handgun Permit Activity
Major McNeill reported that 245 permits have been processed so far. This number is not as
high as predicted, but activity is increasing since RCC has been offering the required training
classes.
The Board requested another update on this issue in two months relative to the three new
positions allocated to the Sheriffs Department for this program.
Addition to County Classification Plan
Hal Scott, Jr., Personnel Director, stated that Mental Health has requested that the position
of Accountant I (grade 71) be added to the Classification Plan, effective February 1, 1996, so that
an existing employee can be reclassified two grades up.
On motion of Frye, seconded by Comer, the Board unanimously approved this request.
Architect Contract for Construction Phase of Social Services Building
On motion of Frye, seconded by Holmes, the Board unanimously approved a contract with
Larry Austin, Architect, for $17,500 for the construction phase of the Social Services Building.
NCACC District Meeting
This meeting will be held in Asheboro on April 30. Board members attending should notify
the Clerk.
Budget Amendments - Social Services
On motion of Frye, seconded by Holmes, the Board unanimously approved Budget
Amendment #30 (ATTACHED), which reflects an additional $1,894 in State funds for Carolina
Power & Light Project Share, a DSS program for qualified CP&L residential customers in life-
threatening situations related to heating or cooling.
On motion of Frye, seconded by Holmes, the Board unanimously approved Budget
Amendment #31 (ATTACHED), which reflects an additional $8,000 in State funds for Crisis
Intervention, a DSS program for qualifying residents of Randolph County in life-threatening
situations related to heating or cooling.
Budget Amendment - Health
On motion of Frye, seconded by Holmes, the Board unanimously approved Budget
Amendment #32 (ATTACHED), which reflects an additional $2,635 in State funds that may be
used to purchase Depo Provera contraception injections for non -Medicaid patients in the Family
Planning clinics.
Adjournment
The Board adjourned at 8:45 p.m.
Phil Kemp, Chairman Darrell L. Frye
Martha Comer Robert Davis
Harold Holmes Alice D. Dawson, Clerk to the Board
CLOSED SESSION MINUTES
February 12, 1996 (Item L)
At 4:10 p.m. the Board went into closed session to consult with attorneys to consider and
give instructions concerning a judicial action titled Donna Turner v. Randolph County, et al,
pursuant to NCGS §143-318.11(a)(3). Commissioners Kemp, Frye, Comer, Davis, and Holmes
were present. Also present were Frank Willis, County Manager; Alice Dawson, Clerk to the
Board; Alan Pugh, County Attorney; Hal Scott, Jr., Personnel Director; David Parker of
Sedgwick James, the administrators for the NCACC Insurance Pool; and Robert Pierce, attorney
with Womble, Carlyle, Sandridge, and Rice, the firm representing the County in this lawsuit
through the NCACC Insurance Pool.
Mr. Pierce announced that at mediation last week, all parties agreed to resolve the case
with a settlement of $250,000, inclusive of all attorney fees. There are some non -monetary
components to the settlement still to be worked out.
Mr. Parker stated that he had calculated that it would cost a minimum of $200,000 to take
this case to trial, and it would probably be more. That figure is just for litigation and does not
include the cost to the County for having our employees tied up in court for 2-4 weeks. Mr.
Parker pointed out that when the settlement amount is comparable to litigation cost, there is
nothing to be gained by the insurance carrier, from a monetary standpoint, by taking the case to
trial. Further, although the County had a strong case, and a winnable case, the financial result
would be the same with a successful outcome.
Mr. Pierce stated that when this case is finally settled, it will become a public record and
should be entered into the Commissioners' minutes.
The Board authorized Alan Pugh, County Attorney, to speak on behalf of the County after
the settlement.
Closed session ended at 5:00 p.m. and the Board went back into regular session.
Phil Kemp, Chairman Darrell L. Frye
Martha Comer Harold Holmes
Robert Davis Alice D. Dawson, Clerk to the Board
CLOSED SESSION MINUTES
February 12, 1996 (Item B)
At 6:00 p.m. the Board went into closed session to discuss matters relating to the location
of business, pursuant to NCGS 143-318.11(a)(4). Commissioners Kemp, Frye, Comer, Davis,
and Holmes were present. Also present were Frank Willis, County Manager; Alice Dawson,
Clerk to the Board; Alan Pugh, County Attorney; Walter Sprouse, Executive Director of the
Randolph County Economic Development Corporation; John Stanley, Liberty Mayor; and Dr. Ed
Butler, Liberty Town Council member; and Hiram Marziano, engineer for Liberty.
Mayor Stanley stated that the cost for the Times Fiber Communications project has
increased from original projections because insufficient water pressure from Liberty will require
them to build a water tower. He said the Town Council wants the tower to be of sufficient height
to work in conjunction with their existing water system. Also, water lines for the project have
been changed to 8" lines. These changes have added $298,785 to the project.
Mayor Stanley requested that the County Commissioners split this additional $298,785 in
the following manner: Liberty will pay $150,000 of the increase; the County will pay the
remaining $148,785 of the increase. Under this new cost-sharing agreement, the County's share
will be a total of $278,785, and Liberty's share will be $430,000.
On motion of Frye, seconded by Holmes, the Board unanimously agreed to commit
$278,785 to the Town of Liberty to help provide the necessary water and wastewater facilities if
Times Fiber Communications, Inc. commits to build an industrial facility at the proposed Liberty
area site on SR 1006.
Mr. Willis pointed out that after Times Fiber Communications publicly announces their
decision to locate here, the County Commissioners must vote on this allocation in open session to
make it legal and binding.
At 6:30 p.m. the Board returned to regular session.
Phil Kemp, Chairman Darrell L. Frye
Martha Comer Robert Davis
Harold Holmes Alice D. Dawson, Clerk to the Board