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050216May 2, 2016 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 Frye, Haywood, Kemp, Lanier and Allen were present. Dr. Bob Shackleford, RCC President, gave the invocation and everyone recited the pledge of allegiance. Addition to Consent Agenda Chairman Frye stated that item N. Appoint James Gouty to the RCC Board of Trustees to fill the unexpired term of dames Campbell, Jr. had been added to the Consent Agenda. Consent Agenda On motion of Allen, seconded by Lanier, Consent Agenda, as presented, and as follows: the Board voted unanimously to approve the • approve minutes of the 41412016 regular meeting; • reappoint Lynne Qualls and Bill Ivey to the Historic Landmark Preservation Commission; • appoint Chris Harrington to the Regional Partnership Workforce Development Board; • reappoint Mazie Fleetwood to the Randolph County Nursing Home Community Advisory Committee; • reappoint Ralph Hardison and Carol Lowe to the Randolph County Public Library Board of Trustees; • appoint Keith Slusher to the Randolph County Planning and Zoning Board & Board of Adjustment; • adopt Proclamation honoring Faith Christian School Ladies Basketball Team's 2016 North Carolina Christian School Association 2-A Championship, as follows: Honoring Faith Christian School Ladies Basketball Team's 2016 NCCSA 2 A Championship WHEREAS, the Faith Christian School Ladies Basketball Team, on Saturday, February 20, 2016, earned the 2016 North Carolina Christian School Association 2-A Basketball Championship title, in Winston Salem, North Carolina, compiling an impressive 26-2 season; and WHEREAS, special commendation is due all team members, Head Coach Bruce McLanahan, as well as, all those who actively worked to make this year's basketball season a success; and WHEREAS, Ashley Avelino and Nicole Sheron earned 1st Team All - State honors and 1st Team All -Region honors; WHEREAS, the Faith Christian School Ladies Basketball Team has exhibited athletic ability and great sportsmanship, both on and off the court, thereby bringing pride and recognition, not only to Faith Christian School but also to Randolph County and its citizens. NOW, THEREFORE, BE IT PROCLAIMED by the Randolph County Board of Commissioners that we acknowledge the talents, skills, teamwork, 5/2/16 sportsmanship, and successes of the Faith Christian School Ladies Basketball Team: the 2016 North Carolina Christian School State Association 2-A Champions, and, on behalf of our citizens, we do hereby extend this expression of our pride in this prestigious milestone and wish them well in their future endeavors. • accept bequest of $48,289.28 to the Library Trust Fund Taylor Estate; • approve Budget Amendment #5 Randolph Community College Capital Project Ordinance, as follows: 2015-2016 Budget Ordinance Randolph Community College Capital Project Ordinance Budget Amendment #5 Revenues Increase Decrease Transfer from General Fund $305, 000 Appropriations Increase Decrease Construction $28, 000 Professional Fees $25, 000 • approve lottery applications for Randolph County Schools at $1, 000, 000 (Providence Grove HS--06 COPS) and Asheboro City Schools at $290, 000 (Teachey School--06 COPS); • annrove Budget Amendment #32 2016 Merit Program. as follows: 2015-2016 Budget Ordinance General Fund —Budget Amendment #32 Revenues Increase Decrease Appropriations Increase Decrease Administration $106, 912 Information Technology $3, 333 Tax $4,475 Elections $885 Register of Deeds $1, 923 Public Buildings $1, 660 Sheriff $24, 639 Emergency Services $12,145 Building Inspections $846 Adult Day Reporting Center $1,122 Juvenile Day Reporting Center $674 Planning and Zoning $2, 010 Cooperative Extension $464 Soil & Water $274 5/2/16 Public Works $1, 309 Public Health $13, 591 Social Services $27, 520 Veteran Services $898 Child Support Services $2, 498 Public Library $6, 646 • appoint Jan Hancock to the Adult Care Home Community Advisory Committee; • appoint Lisa Stern to the Randolph County Juvenile Crime Prevention Council to fill the unexpired term of Sue Myers; • appoint James Gouty to the RCC Board of Trustees to fall the unexpired term of James Campbell, Jr. Special Recognition — Faith Christian School Ladies Basketball Team/NC Christian School Association 2-A State Champions Chairman Frye read aloud the proclamation that was approved on the consent agenda recognizing the Faith Christian School Ladies Basketball Team for winning the NC Christian School Association 2-A State Championship and presented Coach Bruce McLanahan and the team with the proclamation. Special Recognition- NC Doctor of the Year Emergency Services Director Donovan Davis announced that Medical Director Dr. Jason Stopyra had been named the 2016 NC Doctor of the Year by the NC Medical Society and the Commissioners recognized and thanked him for his service to Randolph County. Recognition of Retiree Darlene Perry, who retired on March 31st with 33 1/2 years of service to the Randolph County Register of Deeds office, was recognized by Krista Lowe, after which, Chairman Frye presented Ms. Perry with an engraved clock on behalf of the Board. Keep America Beautiful Program County Manager Hal Johnson explained that Big Sweep Cleanups have taken place in all eight cities / towns as well as unincorporated areas in Randolph County since 2004. The NC Zoo has coordinated the clean-up activities. The NC Zoo made application for Randolph County to be a Keep America Beautiful affiliate. The program will be housed in the education section of the NC Zoo and the County paid the initial fee of $4,000. Any subsequent affiliation fees will be paid by the Zoo with allocated funds of the Zoo Society's Education Fund. Mr. Johnson said that since 2004, Bob Langston, Interpretive Specialist and Outreach Coordinator at the NC Zoo, has been instrumental in these efforts. Mr. Langston's efforts have involved 16,655 participants in either a clean-up program or a recycling event. Those efforts have cleaned up and/or recycled 377,988 pounds of discarded material. Mr. Johnson said the government of Randolph County is proud to support the establishment of the Keep Randolph County Beautiful as a model of cooperation between the local government and the State of North Carolina. 5/2/16 Mr. Langston explained that a 501(c)(3) had been established and a set of by-laws created. A Keep Randolph County Beautiful Advisory Board was selected. Mr. Langston was appointed to the Board and Randolph County Public Works Director Paxton Arthurs was appointed and named Chairman. An annual report will be given by the Advisory Board. Mr. Langston also announced that Randolph County had received its Certificate of Affiliation in the Keep America Beautiful Program and presented the framed certificate to the County. He thanked the County for their support over the years and looked forward to a cleaner environment. Recess At 6:22 p.m. the Board took a recess to allow those in attendance for the special recognition portion to exit and at 6:24 p.m. the meeting resumed. Public Comment Period Pursuant to N.C.G.S. § 153A-52.1, Chairman Frye opened the floor for public comment. County Attorney Ben Morgan read aloud the Rules of Procedure for Public Comment Period. Lois Bohnsack, 224 Alison Ln., Archdale, NC, spoke in opposition of the Commissioners' approval to adopt a Resolution of Support for the Governor and Legislator's House Bill at the March meeting and asked the Commissioners to rescind their resolution. She stated she feels House Bill creates barriers for economic development and tourism in NC. Jim Meredith, 5326 Ramseur Julian Rd., Liberty, NC, also asked the Commissioners to rescind their Resolution of Support for House Bill 2, stating it was not too late to undo. He said the Bill is not good for NC because it gives the impression that the state is not welcoming, creates a reputation as being hostile or homophobic, causes economic harm and restricts local government authority. He stated he felt that it is unpopular with NC voters. Addition to New Business Agenda Chairman Frye announced the addition of item J. Approve the Sale of a Portion of the County's Raw Water Allotment to the City of Archdale. Animal Shelter Update Public Works Director Paxton Arthurs stated that Waste Management pledged $750,000 upon the opening of the new landfill to go towards the need to update and expand the animal shelter. In addition, $190,713 was appropriated from the sale of timber at the landfill site toward this project. In March of 2015, Smith Sinnett Architecture began to evaluate the current building and investigate the possibility of building an addition that could meet the needs with the money available. They developed preliminary drawings and renderings of what could be accomplished. In October, a contract was awarded to them for design, bidding and construction administration of this project. Robert Carmac, Principal/Chief Operations Officer and lead architect with Smith Sinnett Architecture, presented a PowerPoint presentation of the proposed addition and renovations to the Animal Shelter. Due to the amount of rock and the lay of the land, they have designed the parking area to be slightly raised, bringing in dirt to minimize the expense of excavation with the 5/2/16 likelihood of additional rock. They will incorporate the visible rocks into the landscaping and parking lot configuration. This will allow for approximately 30 marked parking spaces and a more level area to gain access to an added handicap ramp and exterior stairs. Mr. Carmac said the proposed addition would be 3,200 square feet and almost double the current space. The addition would become the welcome center/adoptable pet area. There would be a lot of glass for viewing of the pets and for a clear view from the reception desk to monitor all areas of display, play, kennels, and the get acquainted sections. By having a completely separate area for adoptable pets, it minimizes the transfer of any potential diseases from animals just brought in to be processed. It would have ten dog runs with access to a covered outside area and could house up to 30 adoptable cats. Mr. Carmac said the addition would be offset a little so that it is the first building seen entering the drive, is designed to be welcoming and inviting to visitors and families, and should have a positive effect on the county's adoption numbers. The current adoptable area and lobby will be renovated for a cat holding and cat quarantine area. Mr. Carmac said the next step would be to send the preliminary drawings out for cost estimation. He hoped to put the project out for bids in August. Construction is estimated to take approximately eight to ten months after awarding the contract and hoped for completion in the spring or summer of 2017. Workforce Development Board (WDB) Annual Report Kathy Slovak, Director, Regional Partnership Workforce Development/NCWorks, presented the July 1, 2014-June 30, 2015, annual report of the Regional Partnership Workforce Development Board's Local Workforce Development Area. She said employment services were provided to assist adults, dislocated workers, and youth in Randolph County with a total expenditure of $678,885. Ms. Slovak highlighted some of the success stories and testimonials from Randolph County citizens that have used the programs. There is no cost to the job seeker or employer for the programs. Creation of County Service Districts for Seagrove, Southwest and Ulah Aimee Scotton, Associate County Attorney, stated that at the March meeting, the Commissioners officially considered moving forward to create county service districts for fire protection for the Seagrove, Southwest and Ulah areas. For each district, they considered the resident or seasonal population and population density of the proposed district, the appraised value of property subject to taxation in the proposed district, the present tax rates of the County and any cities or special districts in which the proposed district or any portion thereof is located, the ability of the proposed district to sustain the taxes necessary to provide the services planned for the district and the desirability that all districts for fire protection in the County be capped at a tax rate of fifteen (15) cents per one hundred dollar ($100) valuation. After carefully considering these matters, the Board passed resolutions, declaring the intent to create the proposed districts, calling for a report to be prepared for each district in accordance with North Carolina General Statutes, and providing that, if the proposed districts are indeed created, their tax rates would be capped at fifteen (15) cents per one hundred dollar ($100) valuation. The resolutions also set public hearings on the creation of these districts for 6:30 p.m. on May 2, 2016. The proposed Seagrove Fire Service District contains the same properties currently contained in the Seagrove Rural Fire Protection district except that forty-eight (48) parcels would be moved 5/2/16 to the new proposed Ulah County Service District. The proposed Southwest County Service District contains the same properties currently contained in the Southwest Rural Fire Protection District except for one hundred nineteen (119) parcels that would be moved to the new proposed Ulah Fire Service District. Moving these properties will allow them to be included in Ulah's six - mile insurance district and will allow the property owners to recognize significant discounts on their homeowners' insurance. The proposed Ulah Fire Service District contains all of the properties currently in the Ulah Rural Fire Protection District with the addition of the above - referenced forty-eight (48) parcels from Seagrove and the above -referenced one hundred nineteen (119) parcels from Southwest. Ms. Scotton said that at the close of each public hearing, if found that there is a demonstrable need for providing fire protection services in the proposed district, that it is impossible or impracticable to provide fire protection services on a countywide basis, that it is economically feasible to provide fire protection services in the proposed district without unreasonable or burdensome annual tax levies and that there is a demonstrable demand for fire protection service in the proposed district, then the Board may pass the resolution creating the district. If the resolution passes creating a county service district, it will then be necessary to pass a second resolution adding emergency medical services as a permitted service in the district. This must be done for each district as two separate resolutions. (Maps and parcel lists attached - ATTACHMENTS Seagrove A & B, Southwest A & B, and Ulah A & B.) Commissioner Lanier reiterated the savings on home owner's insurance for those that will now be within six miles of a fire station. At 7:01 p.m., Chairman Frye opened a public hearing for each and after hearing no comments closed them. Adoption of Resolutions Creating the Seagrove Fire Service District On motion of Lanier, seconded by Haywood, the Board voted unanimously to adopt a resolution creating the new Seagrove fire service district, as follows: RESOLUTION CREATING SEA GR0VE SERVICE DISTRICT FOR FIRE PROTECTION WHEREAS, North Carolina General Statute 153A-309.2 allows a county to establish a county service district for fire protection services with a tax rate limitation of fifteen (15) cents per one hundred dollar ($100) valuation; and WHEREAS, it has been requested that the Board of County Commissioners create a county service district for fire protection for the Seagrove Fire Protection District; and WHEREAS, the Board has passed a resolution limiting the tax rate of the proposed service district to a maximum of fifteen (15) cents per one hundred dollar ($100) valuation and has held a public hearing on the matter in accordance with North Carolina General Statutes; and WHEREAS, the Board has considered the population of the proposed district, the appraised value of property in the proposed district, the present tax rates in effect in the proposed district, the ability of the proposed district to sustain the taxing of the proposed 5/2/16 district, the comments made at the public hearing, and other matters that the Board deemed relevant; and WHEREAS, the Board, having considered such matters, makes the following findings: 1. There is a demonstrable need for providing fare protection services in the proposed Seagrove service district; and 2. It is impossible or impracticable to provide fare protection services on a countywide basis; and 3. It is economically feasible to provide fare protection services in the proposed Seagrove service district without unreasonable or burdensome annual tax levies; and 4. There is a demonstrable demand for fare protection services in the proposed Seagrove service district. NOW, THEREFORE, BE IT RESOLVED, that the Board hereby creates a county service district for fare protection in the Seagrove area effective July 1, 2016, with boundaries as shown on the map included as Attachment A to this Resolution and containing the same properties currently included in the Seagrove Rural Fire Protection Tax District with the exception of those properties listed in Attachment B which are excluded. BE IT FURTHER RESOLVED that property taxes for fare protection within said county service district may not be levied in excess of a rate offifteen (15) cents on each one hundred dollars ($100) of property subject to taxation. On motion of Lanier, seconded by Haywood, the Board voted unanimously to adopt a resolution permitting emergency medical, rescue, and ambulance service to the new Seagrove fare service district, as follows: RESOLUTION PERMITTING EMERGENCY MEDICAL, RESCUE AND AMBULANCE SERVICES TO BE PROVIDED IN THE SEA GR0VE SERVICE DISTRICT FOR FIRE PROTECTION WHEREAS, the Randolph County Board of Commissioners, pursuant to North Carolina General Statute 153A-309.2, has established a county service district for fare protections services with a tax rate limitation offifteen (15) cents per one hundred dollar ($100) valuation in the Seagrove area; and WHEREAS, it has been requested that the Randolph County Board of County Commissioners authorize the provision of emergency medical, rescue and ambulance services in said district and that property taxes may be levied for such purposes; and WHEREAS, North Carolina General Statute 153A-309 allows a board of county commissioners to permit, by resolution, the service district to provide emergency medical, rescue and ambulance services and to provide that property taxes are levied for such purposes. NOW, THEREFORE, BE IT RESOLVED, that the Randolph County Board of Commissioners does hereby authorize the provision of emergency medical and rescue services in the Seagrove Service District for Fire Protection and does hereby resolve that property taxes may be levied for this purpose, provided however, that the rate limitation offifteen (15) cents per one hundred dollar ($100) valuation continues to apply. 5/2/16 Adoption of Resolutions Creating the Southwest Fire Service District On motion of Lanier, seconded by Haywood, the Board voted unanimously to adopt a resolution creating the new Southwest fire service district, as follows: RESOLUTION CREATING SOUTHWEST SERVICE DISTRICT FOR FIRE PROTECTION WHEREAS, North Carolina General Statute 153A-309.2 allows a county to establish a county service district for fire protection services with a tax rate limitation of fifteen (15) cents per one hundred dollar ($100) valuation; and WHEREAS, it has been requested that the Board of County Commissioners create a county service district for fire protection for the Southwest Fire Protection District; and WHEREAS, the Board has passed a resolution limiting the tax rate of the proposed service district to a maximum of fifteen (15) cents per one hundred dollar ($100) valuation and has held a public hearing on the matter in accordance with North Carolina General Statutes; and WHEREAS, the Board has considered the population of the proposed district, the appraised value of property in the proposed district, the present tax rates in effect in the proposed district, the ability of the proposed district to sustain the taxing of the proposed district, the comments made at the public hearing, and other matters that the Board deemed relevant; and WHEREAS, the Board, having considered such matters, makes the following findings: 1. There is a demonstrable need for providing fare protection services in the proposed Southwest service district; and 2. It is impossible or impracticable to provide fare protection services on a countywide basis; and 3. It is economically feasible to provide fare protection services in the proposed Southwest service district without unreasonable or burdensome annual tax levies; and 4. There is a demonstrable demand for fare protection services in the proposed Southwest service district. NOW, THEREFORE, BE IT RESOLVED, that the Board hereby creates a county service district for fare protection in the Southwest area effective July 1, 2016, with boundaries as shown on the map included as Attachment A to this Resolution and containing the same properties currently included in the Southwest Rural Fire Protection Tax District with the exception of those properties listed in Attachment B which are excluded. BE IT FURTHER RESOLVED that property taxes for fare protection within said county service district may not be levied in excess of a rate of fifteen (15) cents on each one hundred dollars ($100) of property subject to taxation. On motion of Lanier, seconded by Haywood, the Board voted unanimously to adopt a resolution permitting emergency medical, rescue, and ambulance service to the new Southwest fare service district, as follows: 5/2/16 RESOLUTION PERMITTING EMERGENCY MEDICAL, RESCUE AND AMBULANCE SERVICES TO BE PROVIDED IN THE SOUTHWEST SERVICE DISTRICT FOR FIRE PROTECTION WHEREAS, the Randolph County Board of Commissioners, pursuant to North Carolina General Statute 153A-309.2, has established a county service district for fire protections services with a tax rate limitation of fifteen (15) cents per one hundred dollar ($100) valuation in the Southwest area; and WHEREAS, it has been requested that the Randolph County Board of County Commissioners authorize the provision of emergency medical, rescue and ambulance services in said district and that property taxes may be levied for such purposes; and WHEREAS, North Carolina General Statute 153A-309 allows a board of county commissioners to permit, by resolution, the service district to provide emergency medical, rescue and ambulance services and to provide that property taxes are levied for such purposes. NOW, THEREFORE, BE IT RESOLVED, that the Randolph County Board of Commissioners does hereby authorize the provision of emergency medical and rescue services in the Southwest Service District for Fire Protection and does hereby resolve that property taxes may be levied for this purpose, provided however, that the rate limitation of fifteen (15) cents per one hundred dollar ($100) valuation continues to apply. Adoption of Resolutions Creating the Ulah Fire Service District On motion of Lanier, seconded by Haywood, the Board voted unanimously to adopt a resolution creating the new Ulah fire service district, as follows: RESOL UTION CREATING ULAH SERVICE DISTRICT FOR FIRE PROTECTION WHEREAS, North Carolina General Statute 153A-309.2 allows a county to establish a county service district for fire protection services with a tax rate limitation of fifteen (15) cents per one hundred dollar ($100) valuation; and WHEREAS, it has been requested that the Board of County Commissioners create a county service district for fire protection for the Ulah Fire Protection District; and WHEREAS, the Board has passed a resolution limiting the tax rate of the proposed service district to a maximum of fifteen (15) cents per one hundred dollar ($100) valuation and has held a public hearing on the matter in accordance with North Carolina General Statutes; and WHEREAS, the Board has considered the population of the proposed district, the appraised value of property in the proposed district, the present tax rates in effect in the proposed district, the ability of the proposed district to sustain the taxing of the proposed district, the comments made at the public hearing, and other matters that the Board deemed relevant; and WHEREAS, the Board, having considered such matters, makes the following findings: 5/2/16 1. There is a demonstrable need for providing fare protection services in the proposed Ulah service district; and 2. It is impossible or impracticable to provide fare protection services on a countywide basis; and 3. It is economically feasible to provide fare protection services in the proposed Ulah service district without unreasonable or burdensome annual tax levies; and 4. There is a demonstrable demand for fare protection services in the proposed Ulah service district. NOW, THEREFORE, BE IT RESOLVED, that the Board hereby creates a county service district for fare protection in the Ulah area effective July 1, 2016, with boundaries as shown on the map included as Attachment A to this Resolution and containing all of the properties currently included in the Ulah Rural Fire Protection Tax District with the addition of those properties listed in Attachment B. BE IT FURTHER RESOLVED that property taxes for fare protection within said county service district may not be levied in excess of a rate offifteen (1 S) cents on each one hundred dollars ($100) of property subject to taxation. On motion of Lanier, seconded by Haywood, the Board voted unanimously to adopt a resolution permitting emergency medical, rescue, and ambulance service to the new Ulah fare service district, as follows: RESOLUTION PERMITTING EMERGENCY MEDICAL, RESCUE AND AMBULANCE SERVICES TO BE PROVIDED IN THE ULAH SERVICE DISTRICT FOR FIRE PROTECTION WHEREAS, the Randolph County Board of Commissioners, pursuant to North Carolina General Statute 153A-309.2, has established a county service district for fare protections services with a tax rate limitation offifteen (15) cents per one hundred dollar ($100) valuation in the Ulah area; and WHEREAS, it has been requested that the Randolph County Board of County Commissioners authorize the provision of emergency medical, rescue and ambulance services in said district and that property taxes may be levied for such purposes; and WHEREAS, North Carolina General Statute 153A-309 allows a board of county commissioners to permit, by resolution, the service district to provide emergency medical, rescue and ambulance services and to provide that property taxes are levied for such purposes. NOW, THEREFORE, BE IT RESOLVED, that the Randolph County Board of Commissioners does hereby authorize the provision of emergency medical and rescue services in the Ulah Service District for Fire Protection and does hereby resolve that property taxes may be levied for this purpose, provided however, that the rate limitation offifteen (15) cents per one hundred dollar ($100) valuation continues to apply. DOT Roadway Improvements Marty Tillman, District Engineer for NCDOT, stated that they had reviewed the crash history along the NC 22 corridor in northern Randolph County and have decided to continue monitoring the intersection of NC 22 and SR 2138 (Mack Lineberry)/SR 2445 (Benny Lineberry) with no 5/2/16 future action at this time. After further review, there had been ten accidents with three of those being rear -end collisions, leaving six accidents on which to base their decision to continue monitoring. The intersection of NC 22 and SR 2443 (Randolph Church)/SR 2116 (New Salem) will be converted to an all -way -stop. There had been seventeen accidents (eight in 2015) with only two being rear -end collisions. Message boards will be placed to notify the traveling public of the new traffic pattern thirty days prior to and remain thirty days after the installation of the signs for the all -way -stop. If it is near the beginning of the ' 16-` 17 school year, they will leave it an additional amount of time. "Stop Ahead" signs will also be installed on NC 22 in advance of the intersection. Mr. Tillman said they would install the all -way -stop, continue to monitor accidents and keep the Board updated. He presented two different design shapes for a roundabout at NC 22 North, New Salem Rd., and Randolph Church Rd. and indicated they would prepare an estimate for the designs if the all -way -stop doesn't alleviate the problem. On motion of Allen, seconded by Lanier, the Board voted unanimously to adopt a resolution of support for roadway improvements at the intersection of NC 22, SR 2443 (Randolph Church Rd.) and SR 2116 (New Salem Road), as follows: RESOL UTION SUPPORTING ROAD IMPROVEMENTS AT THE INTERSECTION OF NC HWY 22 NORTH, NEW SALEM ROAD, AND RANDOLPH CHURCH ROAD WHEREAS, the intersection of NC Hwy 22 North, New Salem Road and Randolph Church Rd. in the Red Cross Community; and WHEREAS, the NCDOT has completed a preliminary study, which has validated the severity of the situation; and propose converting the intersection to a four-way stop; and WHEREAS, the improvements being requested at the intersection of NC Hwy 22 North, New Salem Road, and Randolph Church Rd. will greatly reduce traffic accidents. NOW THEREFORE, BE IT RESOLVED, that the Randolph County Board of Commissioners fully supports the requested road improvements that are needed at the intersection of NC Hwy 22 North, New Salem Road, and Randolph Church Rd in the Red Cross Community, to provide for the safety and travel of the public. Approve Resolution in Support of Legislative Action on HB2 Chairman Frye stated that he had talked with Governor Pat McCrory and Governor McCrory asked that a reference to executive powers be included in the Resolution of Support for House Bill 2. Commissioner Haywood said he had no problem with adding another "whereas." 5/2/16 Commissioner Lanier stated that the Board approved a Resolution of Support at the April meeting by a vote of 3 to 1. He made a motion to amend the resolution presented in the packet to include the addition Governor McCrory requested. Commissioner Haywood seconded the motion. Commissioner Allen stated that he still feels that the Bill takes away from local authority and could affect decisions of new businesses potentially coming to the county and state. Commissioner Haywood said he had attended a couple of different events in the area over the weekend. He estimated, with the events combined, over 1,100 people attended and were in favor of House Bill 2. County Attorney Ben Morgan suggested that the staff prepare an amended resolution with the wording suggested by Chairman Frye as requested by Governor McCrory and include it on the June agenda for final approval. Commissioners Lanier and Haywood agreed and withdrew their motions. Chairman Frye stated there is a strong possibility the State will conduct a ballot referendum on House Bill during the November election. Strategic Planning Update County Manager Hal Johnson stated the strategic planning process is almost complete and the Steering Committee is ready to present their findings. He asked the Board to set a special meeting for the County Commissioners to receive a public presentation highlighting results of the countywide Strategic Planning process. Interested citizens, other elected officials, along with Task Force and subcommittee participants of this planning process are invited. He suggested AVS Banquet Centre at 6:00 p.m. on May 17th. Set Special Meeting- Report from Strategic Planning Steering Committee On motion of Allen, seconded by Frye, the Board voted unanimously to set a special meeting to hear a report from the Strategic Planning Steering Committee for May17, 2016, at 6: 00 p.m. at the AVS Banquet Centre, 2045 N Fayetteville St, Asheboro. Commissioner Haywood asked that the record show he would be out of town for a Board of Pharmacy meeting and would not be able to attend this special meeting. Update on the Status of the Repairs at the Old Landfill Public Works Director Paxton Arthurs said on April 25, 2016, the contractor excavated the seep area; installed a standpipe, gravel, clay liner and soil as planned. Unfortunately, the flow started back that evening from the base of the standpipe. Mr. Arthurs had the contractor finish things that needed to be done but delay completion of things that could change. He said plans moving forward were to update NCDEQ (Department of Environmental Quality) and investigate pricing for the new repairs. The engineer recommends installing a poly tank and either installing a gravity drain to the poly tank or a (fixed or portable) pump in the standpipe and pump leachate to the poly tank. He also plans to begin cleaning up the fallen trees and will continue to monitor 5/2/16 the seep flow but noted the seep flow had significantly decreased. Once the proposed drain pipe installation has taken place, storm water currently impacting the new containment basin will be eliminated. Mr. Arthurs presented the updated cross section drawing and discussed negotiating pricing with the current contractor (Shamrock) for the additional repairs under the existing contract. Depending on pricing and if a change order is not possible under the current contract, he may have to put the new repairs out for bid. Chairman Frye asked that Mr. Arthurs give monthly updates on the status of the repair. Update on the West Randleman Business Park Bonnie Renfro, Economic Development Corporation (EDC) President, stated that the EDC is the owner of the 50-acre West Randleman Business Park, an industrial park located in Randleman west of I-73 and north of US 311. The EDC first purchased a portion of the land in 2000 and made subsequent purchases and improvements. The land is financed with a line of credit by a group of four local banks. Over the years, Randolph County has supported the development by providing annual assistance for debt service, in each case following a public hearing. Today, the Park is home to Rheem's North American distribution center and the Randleman Ambulance Base. The balance of the park, 35.68 acres, has been marketed for sale for an industrial user and the EDC has received an offer to purchase the property. The land has been appraised to determine the fair market value of $678,000. The offer the EDC has received is less than the fair market value. The Randolph County EDC Board met on April 26th and voted to accept the offer, contingent on approval by the Board of Commissioners. Ms. Renfro said the potential buyer is Hughes Furniture Industries (HFI), one of the county's existing industries. They are experiencing consistent growth and have quietly grown to become our county's fifth largest employer with over 800 jobs in Randleman, where they are headquartered, and in Asheboro. HFI wishes to purchase the property to construct a new 300,000 square foot distribution center to meet the needs of a fast growing segment of their business. Based on the current project information, the project would create 50 new jobs in Randolph County, approximately half of them at the new distribution center and the remainder at other HFI operations in Randleman and Asheboro. The project would create a minimum new capital investment of $5 million. Ms. Renfro has consulted with Associate County Attorney Aimee Scotton. Due to the level of the County's financial involvement in the acquisition of the West Randleman Business Park, it makes it necessary for any conveyance of this property to be accomplished in accordance with the procedural requirements of North Carolina General Statute 158-7.1. With regards to the contemplated sale of a portion of this property, Ms. Scotton had summarized requirements to Ms. Renfro as follows: 5/2/16 N.C.G.S. 158-71(d) allows interests in real property that are held or acquired pursuant to subsection (b) to be leased or conveyed by private negotiation. The West Randleman Business Park property was acquired and has been held for an industrial park pursuant to subsection (b) so this section definitely applies. It goes on to provide that the conveyance may be made "subject to such conditions, covenants and restrictions as deemed to be in the public interest or necessary to carry out the purposes of this section." The statute also states that, before a conveyance may be approved, the governing body must determine the probable average hourly wage to be paid to workers by the business to be located at the property to be conveyed and the fair market value of the interest being conveyed. The statute states that the consideration for the conveyance may not be less than the fair market value so determined, but the calculation of consideration need not be limited to the actual purchase price of the property. It was Ms. Scotton's opinion that the statute will require that this conveyance be made subject to a condition, covenant or restriction because the monetary consideration being offered for the property is less than its fair market value. In determining the amount of consideration received, the board may take into account prospective tax revenues from improvements to be constructed on the property, prospective sales tax revenues to be generated in the area, as well as any other prospective tax revenues or income coming to the county over the next ten years as a result of the conveyance. Calculating the consideration in this manner is only allowed if the following two conditions are met: 1. The governing board must determine that the conveyance of the property will stimulate the local economy, promote business, and result in the creation of a substantial number of jobs that pay at or above the median average wage. 2. The governing board must contractually bind the purchaser to construct, within a specific time frame (not to exceed five years), improvements on the property that will generate the tax revenues that were taken into account to arrive at the compensation. The agreement shall provide that if the improvements specified in the contract are not constructed, the purchaser shall convey the property back. This is the condition/restriction that is referred to above. If these two conditions are not met, then the purchase price for the property must be equal to or greater than the fair market value. Ms. Renfro said the county must hold a public hearing on the matter before a conveyance can be approved. The notice of public hearing must contain a description of the interest to be conveyed, the value of the interest, the proposed consideration, and the governing body's intention to approve the conveyance. The notice must be published at least ten days in advance of the public hearing. Ms. Renfro requested the Board set a public hearing for consideration of this offer at their June 6th meeting. 5/2/16 On motion of Allen, seconded by Frye, the Board voted unanimously to set a public hearing for June 6, 2016, at 6:30 p.m., at the Historic Courthouse to consider the approval of conveyance of the property in the West Randleman Business Park. Approval of the Sale of a Portion of the County's Raw Water Allocation Associate County Attorney Aimee Scotton stated that the City of Archdale has been considering the purchase a portion of Randolph County's raw water allocation. They are not requesting to purchase any treated water allocation. The City has offered to purchase 250,000GD of raw water from Randolph County at a rate of $199,709.00 per 100,000GD, a total purchase price of $499,272.50. This would be a one-time payment due upon the signing of an agreement effectuating the sale. The City has further requested that the County enter into an agreement giving the City of Archdale a right of first refusal for making additional purchases of raw water allocation from Randolph County in the event that the County receives an offer to purchase water from a municipality primarily located outside of the County. Ms. Scotton said the Board could refuse to sell raw water to the City of Archdale; agree to sell raw water allocation in the amounts and at the rates referenced above, authorize the Associate County Attorney to write an agreement effectuating said sale, and authorize the Chairman of the Board of Commissioners to sign said agreement once drafted. The said agreement should state "to include" the requested right of first refusal for future raw water allocation sales; or "not to include" the requested right of first refusal. On motion of Kemp, seconded by Allen, the Board voted unanimously to approve the sale of 250,000 GD of raw water to the City of Archdale for a total purchase price $499,272.50; authorize Associate County Attorney to draft an agreement effectuating this sale; authorize the Chairman to sign said agreement, including the requested right of first refusal. Adjournment At 8:00 p.m., on motion of Allen, seconded by Lanier, the Board voted unanimously to adjourn. Darrell L. Frye, Chairman Phil Kemp Arnold Lanier David Allen Stan Haywood Amanda Varner, Clerk to the Board 5/2/16