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110711November 7, 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. Rev. Ralph Kraft, St. John's Lutheran Church, Asheboro, NC, gave the invocation and everyone recited the Pledge of Allegiance. Special Recognition Chairman Holmes recognized Drew Lambeth, Honors Civics student at Wheatmore High School, who was in attendance in order to satisfy a class assignment. Public Comment Period Pursuant to N.C.G.S. § 153A-52.1, Chairman Holmes opened the floor for public comment. Wayne Toomes, 3462 Tom Brown Rd., Franklinville, complained about a neighbor shooting at all hours of the day and night. He said that this has been going on for about a year and a half. Mr. Toomes said that he had talked with the Sheriff who told him that his (the Sheriff's) hands were sort of tied: he couldn't do anything about this problem because there was no ordinance in place that would prohibit this kind of situation. Mr. Toomes said that he called Raleigh and was told that a local ordinance would have to be adopted. He said that although the shooting is being done primarily by one man, others also shoot. The noise is deafening and he feels unsafe. He suggested an ordinance prohibiting shooting within, say, 250 feet of another dwelling. Mr. Toomes said that he believes that this man shoots just to aggravate the neighbors and that deputies have been run to death over this. Some days, according to Mr. Toomes, the man shoots as much as 500 times into a pile of dirt. He said that some neighbors have told him that they hear ricocheting bullets. He said that something has to be done about this. Don Chapman, 3552 Tom Brown Rd., Franklinville, said that he lives across the road from the shooter and is probably the least affected by the problem, but he is still bothered by it. He said that the man is a nuisance and a danger to people and that deputies have come out on numerous occasions. He said that the shooter's name should be on the police reports. When asked how many citizens were present with the same concern, 11 people stood. Dee Cullop, 3626 Tom Brown Rd., Franklinville, said that she can see the man from her back deck and can hear him cock his guns. She said that she found some pellets in her yard. She said that she is afraid for her grandchild and her dog. Ms. Cullop said that one deputy remarked that the gun that the man fired the day before sounded like a 50 -caliber muzzle loader. She said that it is obvious that this man has no regard for his neighbors and that she has seen children in his yard while he was shooting. She added that he shoots as early at 5 a.m. and as late at 10 p.m. Christine Hedrick, 3460 Tom Brown Rd., Franklinville, also complained about the shooter, saying that she lives beside the man. Her dog is terrified. When he shoots, it sounds like a cannon and shakes the pictures on her walls. Ms. Hedrick said that he shoots at random times and has seen him shooting with children in the yard. If something isn't done soon, she is afraid that some of the neighbors will take the law into their own hands. Michael Toomes, 3460 Tom Brown Rd., Franklinville, said that when he checks his fence around his land, he is afraid he will get shot. He said that he told deputies that they could come and stand and wait on the shooting to start, but they won't do this. He is afraid that a child is going to get shot; it's just a matter of time. Lynn Seals, 3606 Tom Brown Rd., Franklinville, asked the Commissioners what they are going to do when his grandchild gets shot and he takes care of the man who did it. The Commissioners expressed concern about the problem and asked the County Attorney his opinion in this matter. Ben Morgan, County Attorney, said that the County has a "Discharge of Firearms" Ordinance in place, but unless one can prove that a projectile from this man's firearm has traveled from his property onto someone else's property without consent, thereby violating this ordinance, the County has no recourse. He encouraged the concerned citizens to consult a private attorney, in which case the remedy would be far greater than anything the County could impose and would likely be quicker. Addition to Consent Agenda Chairman Holmes announced that Item N. Rescind Erroneous Resolution Adopted 10/3/11 & Adopt Replacement Resolution Abandoning 0.04 Mile of SR 1316 (Parker Mill Rd.) from the State Roads System had been added to the Consent Agenda. Approval of Consent Agenda On motion of Frye, seconded by Haywood, the Board voted unanimously to approve the Consent Agenda, as amended, and as follows: • approve minutes of regular & closed session meetings of 10/3/11 and special meeting of 11/3/11 • ratify individual commissioners poll (4 to I vote, with Haywood opposing) taken on 11/1/11 to award bid to low bidder, Indicor, Inc., at a cost of $85, 000 to complete HVAC renovation project at DSS building. Bid tabulation: Bidder Bid Time to Complete Indicor, Inc. **Low bidder $85,000 14 days Systems Contractors, Inc. $125,000 42 days American Industrial Contractors $125,600 60 days • approve DOT resolution adding Woodcrest Road to the State Roads System, as follows: WHEREAS, the Department of Transportation has investigated Woodcrest Road; 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 Woodcrest Road be added to the Division of Highways' Secondary Road System. • approve Budget Amendment #13 Day Reporting Center (Reversing 10/3/11 Budget Amendment Due to Level II Dispositional Alternatives Grant Denial), as follows: 2011-2112 Budget Ordinance General F"na—Budget Amendment #13 Revenues Increase Decrease Restricted Intergovernmental $125,000 Appropriations Increase Decrease Day Reporting Center $125,000 • reappoint Kim Griffin to the Tax Commission and the Equalization & Review Board • reappoint Reid Pell, Larry Brown, Sr. and Kemp Davis to County Planning & Zoning Bd. & Bd. of Adjustment • approve Resolution Adopting Board of Commissioners 2012 Regular Meeting Schedule, as follows: 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 NOW, THEREFORE, BE IT RESOLVED that the Randolph County Board of Commissioners hereby adopts the following meeting schedule for all of its 2012 regular meetings: Tuesday, January 3; Monday, February 6; Monday, March 12; Monday, April 2; Monday, May 7; Monday, June 4; Monday, July 9; Monday, August 6; Tuesday, September 4; Monday, October 1; Monday, November 5; Monday, December 3. BE IT FURTHER RESOLVED that the regular meetings shall begin at 6: 00 p. in., with the rezoning public hearing commencing at 7:00 p.m.; and FURTHER, that all regular meetings shall be held in the 1909 Historic Courthouse, 145-C Worth St., Asheboro, NC 27203; and BE IT FINALLYRESOLVED that the Clerk shall cause a copy of this resolution to be posted and published pursuant to NCGS 153A-40. • amend Board of Commissioners Rules of Procedure to Reflect Adoption of Annual Meeting Schedule, as follows: Rule 4. Regular Meetings (Time and Place) A. The Board of County Commissioners shall adopt its regular meeting schedule for the upcoming calendar year at its preceding November regular meeting. Regular meetings shall be held in the 1909 Historic Courthouse Meeting Room, 145 Worth St., Asheboro, NC, and shall begin at 6: 00 p.m., with Zoning public hearings, having been duly noticed, beginning at 7 p. m. • reappoint Cathy Hayes to the Randleman Planning & Zoning Board appoint Sarah Shoffner to fill the unexpired term of Warren Dixon on Library Board of Trustees amend Inclement Weather Policy for Convenience Centers (Manned Solid Waste Sites and Recycling Sites) to add the Liberty site, as follows: The convenience centers located in Coleridge, Farmer, Liberty and at the Solid Waste Facility are in remote locations of the county and are manned by contract employees who are senior citizens. There is potential for one of these employees to fall on the ice and be unable to get up. Such a fall could result in a serious injury or in hypothermia form exposure. In addition, during inclement weather there are very few, if any, customers at these centers. For these reasons, the convenience centers will have the same operating schedule as Randolph County Schools during inclement weather. This policy does not apply to the Solid Waste Facility. • reappoint Cathy Clark and Rachel Fesmire to the Randolph County Board of Health • approve Budget Amendment #14 (Sheriff's Dept.) JAG Grant Funding, as follows: 2011-2012 Budget Ordinance General Fund—Budget Amendment #14 Revenues Increase Decrease Restricted Intergovernmental $13,904 Appropriations Increase Decrease Sheriff's Office $ 13,904 • rescind erroneous resolution adopted 1013111 & adopt replacement Resolution Abandoning 0.04 Mile of SR 1316 (Parker Mill Rd.) from the State Roads System, as follows: WHEREAS, the Department of Transportation has investigated 0.04 mile of SR 1316 (Parker Mill Road) in Randolph County for purposes of abandonment; and WHEREAS, it has been determined that this portion of subject road should be abandoned from the Division of Highways' Secondary Road System. NOW, THEREFORE, BE IT RESOLVED by the Randolph County Board of Commissioners that 0.04 mile of SR 1316 (Parker Mill Road) in Randolph County be abandoned from the Division of Highways' Secondary Road System. Public Hearing and Adoption of Ordinance Designating John Wesley's Stand as a Historic Landmark Hal Johnson, Planning and Zoning Director and Chairman of the Historic Landmark Preservation Commission, said that John Wesley's Stand, if approved, would be the 15th local historic landmark in Randolph County. He provided a pictorial presentation and stated that the story of John Wesley's Stand begins about 1675 when there existed a major trading path in Randolph County, known as the Occaneechi Trail (translated as "where people gather"). The Great Trading Path originated in Virginia and ran south into South Carolina and Georgia. This path entered Randolph County around Julian and went through the intersection of US 311 & Hwy 220, south of Randleman. There was a spot on this trading path around what is now called Old County Farm Road, in Back Creek Township, where hunters and traders would stop and trade with each other. It was a congregating place for people of this area as they went from Back Creek to the Caraway Mountains. Beginning around 1735, there was a tradition handed down through the generations that John Wesley, the founder of the Methodist Church, was on a mission tour of America and followed the Old Trading Path where he stopped and preached to the hunters gathered at this site. The site remained a gathering place for people of the area for many, many years to come. In 1903, the site was used as a place of worship by the Rev. J. F. Burkhead of Asheboro. Worship was first held under a "brush arbor," after which a small frame church building was constructed in 1906. The John Wesley's Stand tabernacle was built in 1921, along with a complex of outbuildings. Contributions were solicited in the Courier newspaper, and about $3000 was collected and used to build the tabernacle, which was named John Wesley's Stand. Rev. Burkhead was the pastor at John Wesley's Stand for 34 years. Rev. Burkhead was known to reenact the worship services of the earlier circuit rider days dressed in the attire of the times. About 3,000 people gathered to hear his last sermon in 1938, the men in one corner and the women in the other. Mr. Johnson said that John Wesley's Stand is Randolph County's last remaining example of a once familiar sight: the open-air tabernacle or brush arbor, which alone, warrants its designation as a local historic landmark. Mr. Johnson thanked Xantippie Cheek for making the application and Bill and Emily Johnson of Ramseur for helping to clarify some historical facts. Emily, a historian for Jordan Memorial Methodist Church, has researched and studied the travels of John Wesley. She found that no record exists of John Wesley being in America at this time, but ample records exist indicating Francis Asbury, who is considered the Father of Methodism in America and North Carolina, spent much time in Randolph County and North Carolina. Francis Asbury came to America in 1771, along with others who had been sent by John Wesley. Therefore, this site was likely visited by Francis Asbury (sent by John Wesley) which caused confusion through the generations about who actually visited the site. Mr. Johnson stated on behalf of the Randolph County Historic Landmark Preservation Commission (HLPC) he would like to recommend the John Wesley's Stand (1921) at 2921 Old County Farm Rd, Back Creek Township, Sophia, N.C. be designated as a historic landmark. The Historic Landmark Preservation Commission conducted a public hearing on September 28, 2011, and unanimously passed a resolution recommending land designation. At 6:48 p.m., the Board adjourned to a duly advertised public hearing. Bill Johnson said that he is a member of the Historic Landmark Preservation Commission, a historian and a Methodist. He said that his wife has done extensive research on John Wesley and Frances Asbury, and it is pretty clear that John Wesley was never in North Carolina. However, it is very possible that John Wesley sent Frances Asbury to Randolph County. Hence, it was Frances Asbury who visited the site known as "John Wesley's Stand" rather than John Wesley. At 6:51 p.m., hearing no further comments, Chairman Holmes closed the public hearing. On motion of Haywood, seconded by Kemp, the Board voted unanimously to adopt an Ordinance establishing the John Wesley Stand as a local historical landmark, as follows: Ordinance Designating the Exterior of the John Wesley's Stand, 1921 as a Local Historic Landmark in Randolph County, North Carolina WHEREAS, Chapter 160A, Article 19, Part 3C of the North Carolina General Statutes provides for the designation of local historic landmarks; and WHEREAS, on June 2, 2008, the Randolph County Board of Commissioners adopted an Ordinance which established the Randolph County Historic Landmark Preservation Commission to perform those duties of designating and regulating historic local landmarks pursuant to North Carolina General Statutes; and WHEREAS, the County ofRandolph has taken into full consideration all statements and information contained in the Landmark Designation Application for the John Wesley's Stand, 1921 as submitted by the Randolph County Historic Landmark Preservation Commission; and WHEREAS, the North Carolina Department of Cultural Resources, State Historic Preservation Office, has reviewed the Landmark Application, noting that the John Wesley's Stand, 1921 possesses the requisite significance and integrity for local landmark designation; and WHEREAS, the Randolph County Historic Landmark Preservation Commission and the County Board of Commissioners have held the required public hearings and published legal notices with mailings to adjoining property owners; and WHEREAS, the Randolph County Historic Landmark Preservation Commission has adopted a unanimous resolution requesting the County ofRandolph to designate the exterior of the John Wesley's Stand, 1921 as a local historic landmark; and WHEREAS, the Randolph County Board of Commissioners find that the John Wesley's Stand, a site where tradition handed down reflects that in 1735 English evangelist John Wesley, who founded the Methodist Church, spoke to area hunters at this location, and where the Rev. J.F. (Frank) Burk -head continued a brush arbor ministry in 1903, with construction of the existing tabernacle in 1921, meets the following specific criteria outlined in the adopting Ordinance establishing the Commission: (1) Critical Part of the County's Heritage by having value as an example of the cultural, economic, historic, and social heritage ofRandolph County; (2) Exemplification ofan architectural type distinguished by overall quality of design, detail, materials, and craftsmanship; (3) The location of the John Wesley's Stand Tabernacle provides a unique and distinctive structure representing an established and familiar visual presence in the County ofRandolph; and WHEREAS, this property is more specifically described as follows: The exterior of the 40'x 40'1921 tabernacle located at 2921 Old County Farm Road, Back Creek Township, Sophia, N.C. ; PIN# 7743276414. NOW, THEREFORE, BE IT ORDAINED, by the Board of Commissioners of the County of Randolph, North Carolina, that: 1: The property known as the exterior of the John Wesley's Stand, 1921, located at 2921 Old County Farm Road, Sophia, N. C., within the planning jurisdiction of the County ofRandolph, North Carolina, is hereby designated as a Local Historic Landmark pursuant to Chapter 160A, Article 19, Part 3C, of the North Carolina General Statutes. 2: That the exterior of the John Wesley's Stand, 1921, may be materially altered, restored, remodeled, or demolished only following the issuance of a Certificate of Appropriateness from the Historic Landmark Preservation Commission. 3: That nothing in this Ordinance shall be construed to prevent the ordinary maintenance or repair of any architectural feature in or on said property that does not involve a change of design, material or outer appearance thereof, after obtaining the necessary permits and official approval for said stated repair. Nothing herein shall prevent the construction, alteration, restoration, demolition, or removal of such feature when a building inspector or similar authorized official certifies to the Historic Landmark Preservation Commission that such action is required for the public safety because of an unsafe condition. Furthermore, nothing shall be construed to prevent the property owner from making any use of this property not prohibited by other statutes, ordinances, or regulations. 4: That a suitable sign may be posted indicating the designation as a Local Historic Landmark and containing appropriate information. 5: That the Robbins Properties of Asheboro, 3282 Robbins Scott Road, Randleman, N.C., 27317, owner of the tabernacle, hereby accepts notice as required by the applicable law of this action, and directs that copies of this Ordinance be filed and indexed in the office the Clerk to the Board of County Commissioners, the Randolph County Register of Deeds, the Randolph County Tax Department, and the County Planning and Inspections Departments as required by applicable law. Upon the motion ofHaywood, and a second by Kemp, the foregoing Ordinance was passed upon its first reading by a vote of 5 to 0. This Ordinance shall be in full force and effect from and after the date of its passage. Action to Abolish Old (Defunct) Local Emergency Planning Committee (LEPC) & to Establish New Committee Jared Byrd, Emergency Management Coordinator, stated that the Emergency Planning and Community Right -to -Know Act (EPCRA) of 1986 was created to help communities plan for emergencies involving hazardous substances. One of the requirements of this federal act is that each jurisdiction shall form a Local Emergency Planning Committee (LEPC). He said that Randolph County did establish a committee back in 1988 to satisfy the requirements of this law; however, after many years, the committee, not having met since August 17, 1988, is now defunct. Mr. Byrd asked the Commissioners to abolish the former Randolph County Local Emergency Planning Committee. He also asked that they formally recognize the new Randolph County Local Emergency Planning Committee with the following members: Elected Official: Stan Haywood Board of Commissioners Law Enforcement: Fred Rutledge — Randolph County Sheriff's Office Civil Defense: Jared Byrd — Randolph County Emergency Services Firefighting: J.R. Beard Liberty Fire Department First Aid: Donovan Davis — Randolph County Emergency Services Health: Evan Grady Randolph County Public Health Local Environmental: Evan Grady — Randolph County Public Health Hospital: Thomas Brown — Randolph Hospital Transportation: Reid Rich — North Carolina Department of Transportation Media: Annette Jordan The Courier -Tribune Community Group: Susan SmithAmerican Red Cross Private Facility: Lil Sparks — Hyosung USA, Inc. Private Facility: Blaz Knezevic — Energizer Battery On a motion of Frye, seconded by Lanier, the Board voted unanimously to abolish the old LEPC and to establish the new LEPC by appointing the new members, as recommended above. ADUroval of Method of Financing of VIPER Radio EauiUment, Purchase of Eauinment from State Contract Vendor & Related Budget Amendment Donovan Davis, Emergency Service Director, said that the final phase of the VIPER radio project, due to Federal mandate, is to purchase portable and mobile radios for the departments of Emergency Services, Public Health and the Sheriffs Office. Staff from the Emergency Services Department and the Sheriffs Office have researched the different available models and selected the Motorola APX portable series and the Motorola XTL mobile series radios as the best solution for Randolph County departments, including associated equipment such as batteries, chargers, and specialty equipment for the Emergency Response Team (ERT). Mr. Davis said that Amerizon Wireless, Inc., our authorized Motorola dealer, has provided a proposal with pricing from State contract number 725G. The total amount of funding required is $1,467,125.19. Assistant County Manager/Finance Officer Will Massie said that the cost of upgrading our emergency response radio system has been expensive, yet the VIPER option is the most cost effective solution to the Federal Communication Commission mandate. We have the option of financing the radios with Motorola, financing the purchase with another institution, or using current resources instead of financing. The rate Motorola has offered is 2.98% for a four-year term ($383,091 per year) or 3.03% for a five- year term ($311,199). This is comparable with banking institutions. With the five-year option, a financing of this size will require an application submitted for approval by the Local Government Commission. Current interest rates on our cash reserves are very low; one-tenth of a percent on deposits and slightly more on CDs. The five- year rate on certificates of deposit is still only 1.74%. We can make a guaranteed 3% return if we do not finance the radios. As of June 30, fund balance is sufficient so that financing this project is not necessary. Mr. Massie recommended this option. On motion of Kemp, seconded by Frye, the board voted unanimously to approve the purchase of Motorola APX portable radios and Motorola AT T mobile radios for Emergency Services, Public Health and Sheriff's Office from Amerizon Wireless, Inc. off of State contract, using fund balance, for a total amount of $1,467,125.19, and approve Budget Amendment # 15, as follows: 2011-2012 Budget Ordinance General Fund—Bud et Amendment #I5 Revenues Increase Decrease Appropriated Fund Balance $1,467,125 Appropriations Increase Decrease Emergency Services $1,467,125 Contract Award for Annual Ground Water Monitoring at Closed Landfill Public Works Director David Townsend, III stated that he had received a proposal from Golder Associates referencing the annual water quality monitoring and reporting plan for the original landfill area. They have performed this service as our consultants for the past several years. The contract with Golder and Associates totals $51,000 for the water quality monitoring and reporting plan, which covers the required annual test that has to be submitted to the State. On motion of Kemp, seconded by Frye, the board voted unanimously to award the contract to Golder & Associates in the amount of $51, 000 for water quality monitoring and to authorize the County Manager to sign the contract. Approval of Water & Sanitary Sewer Easement from City of Asheboro Aimee Scotton, Associate County Attorney, said that the City of Asheboro has requested that Randolph County execute a Water and Sanitary Sewer Easement Agreement granting the City a temporary construction easement and a permanent water and sanitary sewer easement across property owned by the County (Deed Book 1231, Page 400) and located between New Century Drive and Veterans Loop Road. The City of Asheboro plans to extend municipal water and sanitary sewer services in furtherance of an economic development project undertaken by the City and PEMMCO Manufacturing, Inc. (f/k/a Allen Precision Industries, Inc.). NCGS 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 taken under this section be taken by the governing body of the governmental unit. On motion of Kemp, seconded by Haywood, the board voted unanimously to grant a water and sanitary sewer easement to the City of Asheboro, as requested, and to authorize the Chairman to sign the document. Regional Update Vice -Chair Darrell Frye provided updates on two issues, as follows: 1. Potential Merger of Guilford County Mental Health with Sandhills Mental Health—Vice Chair Frye said that most of the rules of the articles of merger have been accepted with the exception of the following two points: (a) Originally when the Sandhills system was formed, all the joining counties transferred their mental health fund balances over to Sandhills. However, Guilford County's mental health program has operated more independently, and they have no fund balance. Guilford is currently trying to determine a funding method for the necessary "seed" money in order to join Sandhills. (b) Guilford has been offered six seats on the Sandhills board. However, some of Guilford's Commissioners have asked for eight seats. This issue needs to be resolved since Sandhills has never asked any of the other counties to give up seats. 2. PART—Seven Randolph County routes provided by the Piedmont Authority for Regional Transportation (PART) were eliminated on Oct. 31. Following the latest cutbacks, PART now runs two routes out of Randolph County at 6:30 a.m. and 7:35 a.m. and two routes back into the county at 1:51 p.m. and 5:05 p.m. This presents a problem for citizens who work until 5:00 p.m. Another potential problem is the growing population of senior citizens who will need public transportation in the near future. According to the latest Census, we have 28,500 senior citizens over the age of 65 in the county. That is 20 percent of the population. In just 10 years, that number is projected to rise to 32,650. All of those senior citizens are going to need rides to the doctor and other necessary services. RCATS (Randolph County Area Transportation Service), whose primary ridership consists of the elderly, recently lost six buses due to State cutbacks. Guilford County has decided to contract with PART to take over its local bus system, which is similar to Randolph's RCATS program. Guilford County is leasing 17 buses to PART for $1 per year to provide that service. In addition, the State will lease PART seven buses at the same rate and PART will use some of the vehicles it has idled to run routes inside Guilford County. He said he thinks High Point City officials are considering a similar deal with PART. He suggested working with Roger King at RCATS to see if there is a possibility of RCATS contracting with PART. Adjournment At 7:22 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