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080111August 1, 2011 The Randolph County Board of Commissioners met in regular session at 6:00 p.m. in the 1909 Randolph County Historic Courthouse Meeting Room, 145 Worth Street, Asheboro, NC. Commissioners Holmes, Frye, Haywood, Kemp and Lanier were present. Retired Pastor Jim Turner, Ramseur, gave the invocation, and everyone recited the Pledge of Allegiance. Special Recognitions On motion of Haywood, seconded by Kemp, the Board voted unanimously to approve the Proclamation honoring the Randleman Tigers Baseball Team as the 2011 NC State 2-A Champions, as follows: HONORING RANDLEMAN BASEBALL TEAMAS THE 2011 NORTH CAROLINA STATE 2-A CHAMPIONS WHEREAS, the Randleman Tigers Baseball Team, on Saturday, June 4, 2011, earned the title of North Carolina High School Athletic Association State 2-A High School Champions with a 8-7 victory over defending state champion East Rutherford; and WHEREAS, Randleman's players and coaches, led by Head Coach Van Hurley, have demonstrated the teamwork and dedication necessary to produce a successful and winning season with an impressive record of 28-4 this year; and WHEREAS, Randleman's players and coaches have created a positive image for their peers and the citizens ofRandolph County and surrounding areas; and WHEREAS, Randleman was led by Curtis Linthicum, who was named Most Valuable Player in the North Carolina High School Athletic Association State 2A baseball championship series at Doak Field at North Carolina State University; and WHEREAS, Randleman has exhibited athletic ability and great sportsmanship, both on and off the field, thereby bringing pride and recognition not only to the team itself, but also to Randolph County and its citizens. NOW, THEREFORE, BE IT PROCLAIMED that the Randolph County Board of Commissioners officially acknowledges the talents, skills, teamwork, sportsmanship and successes of the 2011 Randleman Tiger's Baseball Team, the 2011 North Carolina High School Athletic Association State 2A baseball champions, and, on behalf of our citizens, does hereby extend this expression of our pride in this prestigious milestone. Chairman Holmes recognized Randleman Baseball Head Coach Van Hurley and presented him with a framed proclamation. Public Comment Period Pursuant to N.C.G.S. § 153A-52.1, Chairman Holmes opened the floor for public comment. Harold Briles, speaking in regard to the County's proposed regional landfill, said that Randolph County is a great place to live but the last place to put a landfill, especially one that takes trash from other counties. He said that the Commissioners could spend this money more wisely. He encouraged the Commissioners to listen to the taxpayers and not the experts. Odell Routh also spoke about the proposed regional landfill, saying that he hauls water from Rockingham County's landfill's runoff collection ponds and is concerned about runoff from this proposed landfill also. He asked about the roads into the facility, the speed posted along the roads and increased traffic. Mr. Routh suggested a vote of the people should be held to determine whether Randolph County should have a regional landfill here. Mr. Routh said he isn't totally against the landfill if it benefits Randolph's citizens and doesn't include trash from other counties. He also expressed concern about the life of the facility. Consent Agenda On motion of Frye, seconded by Kemp, the Board voted unanimously to approve the Consent Agenda, as follows: approve minutes of the regular meeting of 7/11/11, zoning meeting of 7/18/11 and unseal closed session minutes from 5/3/10, 6/7/10, two sets from 2/7/11, and one from 6/6/11; approve Resolution Observing Firefighters Week (September 11-17), as follows: RESOLUTION OBSERVING FIREFIGHTERS WEEK WHEREAS, fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and selfless concern for the welfare of others; and WHEREAS, firefighters provide valuable services to the citizens of North Carolina, their communities, and the State; and WHEREAS, firefighters make sacrifices to protect the lives and financial interests of those citizens; and WHEREAS, firefighters respond to emergencies without hesitation when the call of duty arises; and WHEREAS, firefighters work with public safety officials and law enforcement officers to protect the integrity of crime scenes, which is necessary to resolve arson cases; and WHEREAS, firefighters reside in the community in which they serve and have a great appreciation for protecting their communities; and WHEREAS, it is appropriate to recognize the duties and services that firefighters perform by observing Firefighters Week in North Carolina; NOW, THEREFORE, BE IT RESOLVED by the Randolph County Board of Commissioners that we believe that all firefighters deserve to be honored for the invaluable service they provide to the State, its citizens, and communities, and, on behalf of our citizens, we do hereby extend this expression of our pride and encourage the citizens of Randolph County to observe the week in September of each year containing September 11 as Firefighters Week in North Carolina. • approve Budget Amendment #4 for Library LSTA Basic Equipment Grant, as follows: 2011-2112 Budget Ordinance General Fund—Budget Amendment #4 Revenues Increase Decrease Restricted Intergovernmental $17,910 Apprn riatinns Increase Decrease Public Library $17,910 • approve Budget Amendment #1 for Hwy 64 Water Line, as follows: Hwy 64 Project Ordinance - Budget Amendment #1 Appropriations Increase Decrease Utility Construction $52,000 Engineering $52,000 Proposed Regional Solid Waste Facility Presentations and Request David Townsend, III, Public Works Director, stated that he is very optimistic with the results of the studies so far on the proposed regional landfill, and said that he has identified many potential partners who are interested in working with Randolph County on this project. Randolph County and Golder Associates have studied the property and various environmental issues for the past 6 months and are confident that we have a site that can facilitate a minimum of 30 years of life. We continue to perform our required evaluation as required by the Department of Environmental and Natural Resources. Rachel Kirkman, Senior Geologist with the County's consultants, Golder Associates, gave a PowerPoint presentation on the findings of their Financial Analysis and Market Area Study. A summary follows: • The proposed facility is estimated to have a maximum capacity of approximately 54,000,000 cubic yards, or more than 30 years of life at a 1,500 tons per day disposal rate. • Costs to design, permit, build, and close the site are estimated at $201,833,000. • Waste acceptance rates are assumed to be 750 tons per day in Year 1, increasing to 1,500 tons per day by Year 3, and increasing 1.5% thereafter. • A gate rate of $34 per ton in Year 1 with a projected 1.5% annual increase was used for financial projections. • The facility is expected to break even after approximately 5.5 years of operation. • After Year 6, break even waste tonnage acceptance is approximately 800 tons per day. • The Market Area consists of 11 counties within this portion of central North Carolina with a population of 1.92 million. Between 2010 and 2030, the population is projected to grow at least 15% in all counties of the Market Area, except for Montgomery County, which is expected to grow approximately 10%. • The Market Area is served by 16 landfills (10 accept C&D waste, four accept MSW, and two accept both MSW and C&D waste) handing approximately two million tons per year. • Tipping fees at landfills range from 1) MSW: $34 to $52 per ton, and 2) C&D: $28 to $45 per ton. • Present landfills within the market area have an average of 24+ year capacity at two million tons per year, largely due to the Uwharrie and Greensboro facilities. • Present market of two million tons per year is in equilibrium, largely due to the capacity of the Uwharrie Regional Landfill. • The present tonnage generated by Randolph County is 96,640.83 tons per year (337.905 tons per day). To reach the County's goal of at least 1,500 tons per day (420,000 tons per year), an additional 1,162 tons per day (332,332 per year) need to be secured. • Major market participants include: Republic Services of North Carolina, LLC; WCA Waste Corporation; Waste Industries USA, Inc.; Waste management of the Carolinas, Inc., various municipalities; and small independents. • Distance from waste generating areas to landfills is a major variable/cost consideration in the Market Area. • Based on waste streams and distances from transfer stations to the proposed Randolph County Landfill, we anticipate that up to 1,500 tons per day may be available for disposal at the facility. The majority of waste that is expected to be available would come from Guilford County, City of Durham, Orange County and Forsyth County. • Existing waste collection/transfer/disposal contracts for various facilities and the status of the City of Greensboro MSW facility will affect the amount of waste available for disposal at the proposed Randolph County Landfill and the timing of its availability. Ms. Kirkman gave a progress report on other preliminary evaluations: • Wetlands/Stream Delineation: Field work was completed late June and reports are in progress. No significant impact to conceptual footprint of proposed landfill beyond some wetlands and intermittent stream mitigation were noted. • Rare Plant Survey: Field work completed late June and reports are in progress. Small areas were identified in northwestern portion of site, but no threatened or endangered plants were found. • Archaeological Survey: Field work was completed in July. Several sites were identified but should not significantly impact conceptual waste footprint. • Geophysical Survey: Field work began in late July. Ms. Kirkman gave the following activities schedule: • DENR meeting: mid-August • Drilling/Hydrogeologic Investigation Activities: begin late August • Site Suitability Report: June 2011 -March 2012 • Environmental Impact Study: June 2011 -March 2012 • Public Information Meetings: begin in 3rd/4th quarter 2011. Ms. Kirkman and Charles Hiner, PE, Golder Associates Associate and Senior Consultant, answered Commissioners' questions. Ms. Kirkman said that the facility that Mr. Routh referred to during the Public Comment Period was an old facility that used leachate runoff collection ponds. However, newly built facilities use tanks instead of the ponds. What is collected in tanks is sometimes recycled to aide in the generation of methane gas, which can be sold. Mr. Townsend added that our landfill is already connected to Asheboro's waste water system, which provides another method of handling leachate. Mr. Townsend said that the County plans to retain ownership of the landfill, leasing the land to the company that the County will contract with to run the facility. Commissioners asked about the County's liability in the unlikely case that there was a leak. Ms. Kirkman said that there should not be a leak, but in a worst-case scenario, the County could run City water/sewer to affected homes. Mr. Townsend said that part of the plan would be to establish a Capital Reserve Fund, which would handle the closure, post -closure and any corrective action related to the new facility. He also encouraged citizens who had questions or concerns about the proposed landfill or who were interested in a tour of a nearby regional facility to call the Public Works office. Commissioner Haywood directed Mr. Townsend to continue this process with full transparency to the public. Mr. Townsend said that the next step in the permitting process is to award the following two additional contracts to our consultants: • Proposal for site suitability and environmental act studies; Proposed Greenfield Landfill, Asheboro, Randolph County, North Carolina P039684601 – total cost not to exceed $76,000 • Proposal for Part 1 of the application for permit to construct a municipal solid waste management facility and project management/meetings; Proposed Greenfield Landfill, Asheboro, Randolph County, North Carolina P039684601 – cost not to exceed $291,000. On motion of Kemp, seconded by Frye, the Board voted unanimously to award a contract for site suitability and environmental act studies to Golder and Associates at a cost not to exceed $76, 000; award a contract for Part I of the application for permit to construct a solid waste management facility and project management/meetings to Golder and Associates at a cost not to exceed $291, 000; and to approve Budget Amendment #S from the Landfill Closure Fund, as follows: Landfill Closure Fund—Budget Amendment #S Revenues Increase Decrease Appropriated Fund Balance $367,000 Appropriations Increase Decrease Solid Waste Management $367,000 Adoption of New 5 -Year CDBG Fair Housing Resolution and Plan for Scattered Site Housing Grant David Townsend, III, Public Works Director, said that the current five-year Fair Housing Resolution and Plan, which was adopted as a requirement of the Scattered Site Housing Grant programs, expires August, 2011. Since Randolph County is still receiving CDBG grant money to rehabilitate homes, a new resolution and plan must be approved and forwarded to the Division of Community Assistance in Raleigh. On motion of Haywood, seconded by Lanier, the Board voted unanimously to adopt a new five-year CDBG fair housing resolution and plan, as follows: WHEREAS, the Randolph County Board of Commissioners is familiar with Title VIII, Civil Rights Act of 1968 amended by the Housing and Community Development Act of 1974; and WHEREAS, the Randolph County Board of Commissioners is aware that they are obligated to be in compliance with the "State Fair Housing Act", (under Chapter 41A of the General Statutes ofNorth Carolina); and WHEREAS, the Randolph County Board of Commissioners will administer programs and activities relating to housing and urban development in a manner to affirmatively further fair housing. NOW, THEREFORE, LET IT BE RESOLVED that the Randolph County Board of Commissioners agrees to commit to fair housing within Randolph County's jurisdiction and will substantially comply with all Federal, State and local laws, rules, regulations, and ordinances applicable in their efforts to further fair housing within Randolph County. BE IT FURTHER RESOLVED, that David Townsend, Public Works Director, is hereby named Fair Housing Officer in order to provide counseling and referral services to persons having complaints about housing discrimination and housing conditions within Randolph County. WHEREAS, the Randolph County Board of Commissioners has established the following complaint procedures 1. Any person or persons wishing to file a complaint of housing discrimination in Randolph County may do so by informing the Fair Housing Officer of the facts and circumstances of the alleged discriminatory acts or practice. 2. Upon receiving a housing discrimination complaint, the Fair Housing Officer shall acknowledge the complaint within 10 days in writing and inform the North Carolina Human Relations Commission (217 W. Jones St., Raleigh, NC 27603-1334, 919-733-7996) about the complaint. 3. When a housing complaint cannot be resolved at the local level, the Fair Housing Officer shall offer assistance to the Human Relations Commission in the investigation and reconciliation of all housing discrimination complaints which are based on events occurring in Randolph County. 4. The County shall publicize in the local paper that the Fair Housing Officer is the local official to contact with housing discrimination complaints. Recipient's Plan to Further Fair Housing Grantee: Randolph county Recipient's Address: P. O. Box 1008 Asheboro, NC 27204 Contact Person: David Townsend, Public Works Director Contact Email: dtownsend(a),co. randolph. nc. us Contact Phone #: (336)-318-6605 TDD#: (800) 735-2962 I. Indicate if the Recipient will be affirmatively furthering fair housing for the first time or has implemented specific activities in the past First Time Past Activities X IZ Identify and analyze obstacles to affirmatively furthering fair housing in recipient's community. (Use additional pages as necessary) The basic obstacle in the Randolph County is the lack of knowledge among housing agencies and the general public in the community concerning Title VIII requirements. An assessment of the County's residents' attitude and practices will need to be made in order to identify and analyze further obstacles towards fair housing and what effects notification will have to the public. IIZ Will the above activities apply to the total municipality or county? Yes X No If no, provide an explanation. (Use additional pages as necessary.) This plan is relevant only to Randolph County. IV. Briefly describe the quarterly activities that the recipient will undertake over the active period of the grant to affirmatively further fair housing in their community. A time schedule and estimated cost for implementation of these activities must be included Activities must be scheduled for implementation at least on a quarterly basis. (Use attached table) Grantee: RANDOLPH COUNTY Quarterly Fair Housing Activity Months Year Estimated Cost Actual Cost Establish FHpolicy, Complaint Procedure August 2011 $0 $0 Advertise the FH notice in the local newspaper Sep. — Nov. 2011 $110.00 naming the fair housing office, address and telephone number Prepare a public notice for display at County Dec. — Feb. 2011 $5.00 Offices summarizing Title VIII requirements and 20@$0.25 ea describing the County's assistance activities, naming the fair housing officer, address and telephone number Contact local lending institutions, realtors, and real Mar. — May 2012 $25.00 estate developers within the community acquiring 100@$0.25 ea their addresses and mailing out board approved informational pamphlets to be available to the public in their place of business Promote fair housing through an Informational Jun —Aug. 2012 $15.00 Distribution to target area residents or include a fair housing statement on the monthly utility bill Prepare informational brochures to be made Sep. — Nov. 2012 $50.00 available to the public at County Offices naming the 200@$0.25 ea fair housing officer, address, and telephone number Advertise the Complaint Procedure on the local Dec. —Feb. 2012 $75.00 radio station naming the fair housing office, 5 daily announcements address and telephone number @$15 ea Prepare a public notice for display at local lending Mar. — May 2013 $2.50 institutions, realtors, and real estate developers I0@$0.25 ea within the community summarizing Title VIII requirements and describing the County's assistance activities, naming the fair housing officer, address and telephone number Advertise the FH notice in the local newspaper Jun —Aug. 2013 $150.00%a naming the fair housing office, address and telephone number Prepare a public notice for display at County Sep, — Nov. 2013 $110.00 Offices summarizing Title VIII requirements and describing the County's assistance activities, naming the fair housing officer, address and telephone number Contact local lending institutions, realtors, and real Dec. —Feb, 2013 $5.00 estate developers within the community acquiring 20@$0.25 ea their addresses and mailing out board approved informational pamphlets to be available to the public in their place of business Grantee: RANDOLPH COUNTY Quarterly Fair Housing Activity Months Year Estimated Cost Actual Cost Promote fair housing through an Informational Mar. —May 2014 $15.00 Distribution to target area residents or include a fair housing statement on the monthly utility bill Prepare informational brochures to be made Jun —Aug. 2014 $50.00 available to the public at County Offices naming the 200@'0.25 ea fair housing officer, address, and telephone number Advertise the Complaint Procedure on the local Sep. --- Nov. 2014 $75.00 radio station naming the fair housing office, 5 daily announcements address and telephone number @$15 ea Promote fair housing through an Informational Dec. — Feb. 2014 $2.50 Workshop 10@$0.25 ea Prepare a public notice for display at local lending Mar. — May 2015 $150.00%a institutions, realtors, and real estate developers within the community summarizing Title VIII requirements and describing the County's assistance activities, naming the fair housing officer, address and telephone number Advertise the FH notice in the local newspaper Jun —Aug. 2015 $110.00 naming the fair housing office, address and telephone number Prepare a public notice for display at County Sep. — Nov. 2015 $5.00 Off ces summarizing Title VIII requirements and 20@$0.25 ea describing the County's assistance activities, naming the fair housing officer, address and telephone number Evaluate local lending institutions, realtors, and Dec. —Feb. 2015 $25.00 real estate developers within the community 100@$0.25 ea acquiring their addresses and mailing out board approved informational pamphlets to be available to the public in their place of business Promote fair housing through an Informational Mar. —May 2016 $15.00 Distribution to target area residents or include a fair Housing statement on the monthly utility bill Prepare a public notice for display at County Jun. —Aug. 2016 $110.00 Offices summarizing Title VIII requirements and describing the County's assistance activities, naming the fair housing officer, address and telephone number Approval of JAG Assistance Grant Allen McNeil, Sheriff's Office Business Manager, stated that Randolph County has been designated to receive a grant for $13,904. from the Bureau of Justice Assistance (JAG). Randolph County received a similar grant in 2010 for $15,746. The Sheriffs Office proposes to use $13,000 of the grant award to pay for the overtime expenses of officers who work on the Internet Crimes Against Children Task Force. These officers work these cases after hours in addition to their regular duties. They all have received extensive training in the strategies necessary to investigate these types of crimes and already have a very successful arrest record. The remaining $904 will be used to purchase needed software and equipment. Mr. McNeill said that per grant requirement, an ad was placed in the Courier Tribune on July 16, 2011, announcing the grant and seeking public comment. Also per grant requirement, a copy of the grant application was delivered to the County Manager on July 14, 2011. Mr. McNeill requested that the $13,904 be accepted if our application is approved and that the Sheriffs Office be allowed to purchase the requested equipment, as proposed, with the funds. On motion of Frye, second by Lanier, the Board voted unanimously to approve the request of the Sheriff's Department to accept the JAG Grant in the amount of $13,904, if so awarded by the Bureau of Justice Assistance, and to use the grant funding to pay for overtime expenses for officers who work on the Internet Crimes Against Children Task Force and for needed software and equipment, as requested. Approval of Fee Increase for Tax Department Garnishments Debra Hill, Tax Collector, said that pursuant to NCGS 105-368(g), the fee for serving a notice of garnishment shall be the same as that charged in a civil action, effective August 1, 2011. The civil process fee was raised from $15 to $30 by a combination of a provision in the 2011-2012 state budget and House Bill 642. On August 1, 2011, tax offices can add a total of $60 to the taxes owed for standard attachments and garnishments ($30 for the notice to the taxpayer and $30 to the employer/bank). Currently, Randolph County's fee is $5. However, this does not cover the costs involved. An increase in the fee will also be an incentive for timely payments. Ms. Hill said that she had surveyed the adjoining counties, and all will be increasing their fee to $60. She requested that Randolph's Notice of Garnishment fee be increased to $60, effective August 1, 2011. On motion of Kemp, seconded by Frye, the Board voted 4-1, with Haywood opposing, to approve an increase to $60 for the Tax Department's Notice of Garnishment fee, effective 811111. Approval of Sewer Easement for the City of Trinity Aimee Scotton, Associate County Attorney, stated that the City of Trinity has requested that Randolph County grant the City a right-of-way easement for public access and sanitary sewer lines across the Trinity High School property located on Mendenhall Road Extension (PIN #7708525141). Because this property was used to secure COPS funds, the City is asking that both the County and the Randolph County Board of Education be listed as Grantors on the easement. North Carolina General Statute 160A-274 allows any governmental unit to convey any interest it owns in real and personal property to another governmental unit at its discretion, with or without consideration. The only requirement is that action approved under this section must be taken by the governing body of the governmental unit. On motion of Frye, seconded by Haywood, the Board voted unanimously to approve a sewer easement to the City of Trinity, as requested, and to authorize the Chairman to sign the document. Public Hearing Set—ROAP On motion of Haywood, seconded by Kemp, the Board voted unanimously to set a public hearing on September 6 at 6: 30 p. m. for the Rural Operating Assistance Program grant. Announcement of Cancellation of Board of Commissioners Meeting (Zoning Public Hearing) on August 15 Chairman Holmes announced that the August 15, 2011 Commissioners meeting for zoning requests had been cancelled since there were no requests to be considered. Approval of Resolution Authorizing Change in Date of Board of Commissioners Regular Meetings Chairman Holmes announced that the need to hold two meetings per month, with the zoning meeting being held separately on the third Monday of the month, is not necessary, since zoning requests have not rebounded due to the still ailing economy. He proposed changing the meeting schedule back to one regular meeting a month, to be held on the first Monday of the month, beginning at 6 p.m., with zoning matters being heard at 7 p.m. On motion of Frye, seconded by Lanier, the Board voted unanimously to approve the resolution authorizing the proposed change in date of the Randolph County Board of Commissioners' meetings, as follows: RESOL UTIONA UTHORIZING A CHANGE IN THE MEETING SCHED ULE OF THE RANDOLPH COUNTYBOARD OF COMMISSIONERS WHEREAS, pursuant to N.C.G.S. 153A -40(a), the board of commissioners shall hold a regular meeting at least once a month; and WHEREAS, pursuant to N.C.G.S. 153A -40(a) the board of commissioners may, by resolution, fix the time and place of its regular meetings; and WHEREAS, on March 14, 2011, the Randolph County Board of Commissioners, by resolution, changed their regular meeting schedule to include the following: a meeting on the first Monday of the month at 6 P.m. to hear and consider regular business items and a separate meeting on the third Monday of the month at 6p. in. to hear planning and zoning requests; and WHEREAS, the Randolph County Board of Commissioners has now determined that the need to hold a separate meeting on the third Monday of the month to hear zoning requests is redundant, due to the reduced number of requests; NOW, THEREFORE, BE IT RESOLVED, effective October 1, 2011, that the Randolph County Board of Commissioners shall, unless otherwise duly changed due to holiday or other County business conflict, meet on the first Monday of the month beginning at 6 p.m. for its regular monthly business meeting, with all zoning requests being heard and considered beginning at 7 p.m.; and BE IT FURTHER RESOLVED that the meeting venue of the Randolph County Board of Commissioners shall remained unchanged and will continue to be held in the 1909 Historic Courthouse, 145-C Worth St., Asheboro, NC 27203; and BE IT FINALLY RESOLVED that the Clerk shall cause a copy of this resolution to be posted and published pursuant to NCGS 153A-40. Adjournment At 7:25 p.m., on motion of Frye, seconded by Kemp, the Board voted unanimously to adjourn. J. Harold Holmes, Chairman Phil Kemp Stan Haywood Darrell L. Frye Arnold Lanier Cheryl A. Ivey, Clerk to the Board