120516December 5, 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 and Allen were present. Commissioners Kidd and McDowell
took their seats on the Board after taking their oath where noted in minutes. Sheriff Robert
Graves gave the invocation and everyone recited the pledge of allegiance.
Old Business
On motion of Haywood, seconded by Allen, the Board voted unanimously to approve the
minutes of the 1117116 regular meeting.
Adjournment
The old Board adjourned.
Administration of Oaths of Office
The Honorable Judge Vance Bradford Long administered oaths of office to Commissioners
Kenny Kidd and Maxton McDowell.
New Board Seated
At this time, the new Board was seated and the meeting was called to order. Commissioners
Frye, Haywood, Allen, Kidd and McDowell were present.
Reorganization of the Board
On motion of Kidd, seconded by McDowell, the Board voted four to one, with Haywood
opposing, to elect David Allen as Chairman. At this point Chairman Allen assumed the
Chairman's seat and presided over the remainder of the meeting.
On motion of McDowell, seconded by Kidd, the Board voted unanimously to elect Darrell
Frye as Vice Chair.
On motion of McDowell, seconded by Frye, the Board voted unanimously to approve the
following appointments: County Attorney, Ben Morgan; Clerk to the Board, Amanda Varner;
Deputy Clerk to the Board, Dana Crisco; Representative to the Board of Health, Stan Haywood;
Representative to the Social Services Board, Maxton McDowell; Representative to the Juvenile
Crime Prevention Council, Kenny Kidd; Transportation Advisory Committee Representative to
the (HPMPO) High Point Metropolitan Planning Organization, Darrell Frye; Alternate
Transportation Advisory Committee Representative to the High Point Metropolitan Planning
Organization (HPMPO), Stan Haywood; Piedmont Triad Rural Planning Organization (RPO)
Transportation Advisory Committee Representative, Stan Haywood; Alternate Representative to
the Piedmont Triad Rural Planning Organization (RPO) Transportation Advisory Committee
Representative, Maxton McDowell; Delegate to the Piedmont Triad Regional Council, Darrell
Frye; Representative to the Piedmont Authority for Regional Transportation, Darrell Frye;
Tourism Development Authority Liaison, Kenny Kidd; Representative to Sandhills County
Commissioner Advisory Board, David Allen; Representative to the Regional Partnership Local
Workforce Development Area Consortium Chief Elected Official Board, David Allen;
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Owner's Representative/Steering Committee Representative to the Greensboro -Randolph
Megasite Project Agreement, David Allen.
Retirement Recognition
Joyce Oliver retired on November 30, 2016, with 27 years of service to the Tax Department.
Ms. Oliver was recognized by Debra Hill, Tax Administrator, after which, Chairman Allen
presented Ms. Oliver with an engraved clock on behalf of the Board.
Public Comment Period
Pursuant to N.C.G.S. § 153A-52.1, Chairman Allen opened the floor for public comment.
County Attorney Ben Morgan read aloud the Public Comment Rules of Procedure.
Alan Ferguson, 4794 Troy Smith Rd., Liberty, said after attending Commissioners meetings
for the last four and a half years, he has come to "the conclusion that Randolph County is a well -
run place" and "any county would be lucky to have any of the five Commissioners."
He offered some ideas of what he and his neighbors would like to see and what they could do
to help the Board:
• Education: Every parent wants their child or children of their neighbor well educated.
He said one of the most successful ventures, Research Triangle Park, is built on the
foundation of education and surrounded by universities. "It wouldn't be there if it were
not for the universities and the commitment that the State has shown." He encouraged
the Board to assist the educators of Randolph County to do the best job they can for the
children.
• Agriculture: It is the County's biggest industry. National and global conditions indicate
it will only grow for our region. He stated that he believes the Agri -Business Civic
Center would be a huge boost to an industry that has been taken for granted too long or
even abandoned.
• Economic growth: He said he learned today that NC has the fastest growing economy in
the United States (13.4% is the increase in the state's GPD). The County is located half
way between Raleigh and Charlotte, where some of the most advanced technical and
financial industries in the United States are located. He said it would be interesting to see
if Randolph County could do more to work with those metropolitan areas.
"Economically they are our next door neighbors."
• Assist small cities of the County: He encouraged the Board to see that the County helps
Asheboro as well as the other towns move along in their progress to become the best they
can.
Mr. Ferguson said these things can be done without harming our environment or
communities. "We don't have to pick winners and losers along the way and we don't have to
cripple our finances." He said he and his neighbors are available to help. "Tell us what we can
do and we will support the Board as hard as we can. We are in the field. Just put us in the game,
coach."
Linda Brown, Asheboro Randolph Chamber of Commerce President, spoke in reference to
the Agri -Business Civic Center item on the agenda. She said the topic of such a center came up
at their Annual Chamber Planning Retreat. The sole focus for the two day retreat was the
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Randolph County Strategic Plan. She said they heard from community partners about their
priorities that directly align with the Plan. Chamber members were able to discuss those
priorities and how they could help with leaders from the community. The community partners in
the panel discussion included Randolph County, the City of Asheboro, Randolph County EDC,
the Randolph County TDA, the North Carolina Zoo, Randolph Hospital, Asheboro City Schools,
Randolph County Schools and Randolph Community College. In all, there were 94 community
and business leaders in attendance. As a group, they strongly supported the development of an
Agri -Business Civic Center and saw it as having a positive economic development impact for the
agricultural community as well as the county as a whole. She said they did not have a formal
resolution yet; however, they wanted to let the Board know of the positive support this received
by that group of local leaders.
Carol Yow, 4798 Pearl Ferguson Rd., Liberty, said as she looks back over the past four and a
half years, she has seen something positive occur; the fact that the "little guy" has more power
than she would have ever thought possible. If people are willing to get out and find candidates to
run, they can make a difference and change the direction of Randolph County. She thanked the
newer members of the Board for being willing to serve.
Hayden Thomas, 4091 Jones Street Ext., Franklinville, is a senior at Eastern Randolph High
School and outgoing President of the Super Sharpshooting Stars 4-H Club. Other members of
the team were also present. Ms. Thomas said she was there to speak about the Carolina Guns
and Gear Shooting Range and Training Complex. She said she was not present to refute the
claims of the neighbors that are being affected. She said she is very aware of the noise and how
upsetting that can be to people and livestock, however, what she wanted to speak about is the
positive contributions that the organization has made to the community. They have partnered
with the sport shooting club of the Randolph County 4-H to provide a safe shooting environment
to practice and enhance their skills. Four out of five of the categories that they can compete in
are regularly practiced at the facility. They provide an outdoor rifle and pistol range and an
indoor archery range at no expense to the 4-H Club or any of its members. They also let the
Super Sharpshooting Stars raise funds for the club by allowing them to sell concessions during
the facility's activities without expense to the 4-H Club or its members. As a founding member
of the Super Sharpshooting Stars, Ms. Thomas said she has had the opportunity to shoot at
multiple practice venues for the last nine years; all of which were approximately 30 minutes
away from Asheboro, but none had the professional atmosphere of Carolina Guns and Gear. The
4-H objectives include teaching decision making, teamwork, self-discipline, self-confidence, and
problem solving. She said the Super Sharpshooting Stars 4-H Club also promotes community
service and mentoring to younger shooters; being a part of 4-H has taught her all these things and
much more. Several of their Club members have competed on the national level and one
member is on a collegiate team under a scholarship. Ms. Thomas competed in a national
competition in Nebraska over the summer and finished 9th overall in the individual competition.
She said she may not have been as successful if it had not been for the opportunity to train at
such a facility as Carolina Guns and Gear Shooting Range. She thanked the Board for allowing
her to speak about her experiences and although issues have surfaced, she felt the
Commissioners should also be aware of the contributions made by Carolina Guns and Gear
Shooting Range and Training Complex to the youth of Randolph County. She said she feels
there can be a compromise that would satisfy the concerns of the neighborhood while allowing
the facility to continue to provide support to a club that has taught her so much over the years.
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Nancy Moss, 229 Albert Martin Rd., Franklinville, asked how the Carolina Guns and Gear
Shooting Range began operation without permits or rezoning requests to Franklinville or
Randolph County. "Did the range submit a soil and erosion plan to the State?" "What are the
penalties for operating a business illegally?" She said after the neighbors' complaints, the facility
is now asking to be rezoned. "Wasn't it the responsibility of the owner to check legal regulations
and requirements?" Ms. Moss said now their peace and quiet has been disturbed and as business
picks up, it will become worse. She said the Range supporters have called the neighbors of the
property anti -gun liberals. She suspects all her neighbors have guns for self-protection and
believe that the second amendment protects that right. She said this is not a second amendment
issue. "The issue is that the proper location for a gun range is not beside of a busy highway, near
two churches, or in an area zoned residential -agriculture where people could once ride horses."
She claimed the gun range owners rallied their supporters to this meeting with a "don't tread on
me" flag. "That flag symbolizes all the rights of all Americans, not just the right to gun
ownership. It belongs to us as much as it does to them." Ms. Moss said some of the supporters
have suggested she move. She asked why she or her neighbors should move. Many of them have
been in their homes for over forty years and have "broken no laws." If any of them decided to
sell, "who would want to live beside a nuisance?" Ms. Moss claimed her property is less valuable
than in the past but she said she is expected to pay the same property taxes.
Chairman Allen said he would like to take a minute during the public comment period to say
he appreciates what Commissioner Frye has done for the County during the past year and years
before. He said Commissioner Frye has made it look easy. In the last two years the County has
lost almost 60 years' worth of experience on the Board between Harold Holmes, Phil Kemp and
Arnold Lanier. He said he feels like there is a good mix of old and new on the Board. Having
the seasoned members who know the history that can lend the expertise and knowledge along
with the possibility of a new perspective from incoming members could be a good thing.
Consent Agenda
On motion of Frye, seconded by Kidd, the Board voted unanimously to approve the Consent
Agenda, as follows:
• approve Surety Bonds for Elected and Appointed Officials: Finance Officer Will Massie
($500, 000); Deputy Finance Officer Suzanne Dale ($500, 000); Tax Collector Debra Hill
($300, 000); Deputy Tax Collectors: Sallie Cheek ($200, 000), Revonda Cox ($200, 000);
Deputy Finance Officers for Jail Commissary: Phyllis Calloway ($10, 000), Tammy R.
Brady ($50, 000), JoAnn Sapp ($10, 000), Sheriff Robert Graves ($25, 000), Register of
Deeds Krista Lowe ($50, 000);
• approve Budget Amendment #11 for Public Health ($33, 866) Partnership for
Communitv Care, as follows:
2016-2017 Budget Ordinance
General Fund —Budget Amendment #11
Revenues
Increase
Decrease
Sales and Service
$32, 766
Restricted
$1,100
Appropriations
Increase
Decrease
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Public Health $33, 866
• reappoint Tina Williams to the Adult Care Home Community Advisory Committee;
• appoint Traci Williams and reappoint Courtney Chavis-Polk to the Randolph County
Juvenile Crime Prevention Council;
• appoint Jimmy Maness and Mandy Shields and reappoint Stan Haywood, Jared Byrd,
Donovan Davis, Bryan Davis, and Scott Boyle to the Randolph County Local Emergency
Planning Committee;
• appoint John Cable to the Randolph County Planning and Zoning Board and Board of
Adjustment;
• adopt Resolution to Dissolve the Randolph County Fire Commission (duties have been
assumed by NCDOI and RCES), as follows:
RESOL UTION DISSOLVING THE
RANDOLPH COUNTY FIRE COMMISSION
WHEREAS, North Carolina General Statute §153A-233 authorizes a county
to establish, organize, equip, support and maintain fire -fighting and prevention
services within the county; and
WHEREAS, North Carolina General Statute §69-25.7 allows a county to
create a fire protection commission to assist in the administration of said
services; and
WHEREAS, the County created the Randolph County Fire Commission in
1975 to serve as a liaison between the Randolph County Board of Commissioners
and the fire departments in the county in order to ensure that fire departments
were meeting minimum standards as set forth by the North Carolina Insurance
Rating Bureau, to inspect fire departments annually, to settle fire department
boundary disputes, and to review fire departments' annual budgets; and
WHEREAS, since that time, the Randolph County Fire Commission has
ceased to be an active organization as its liaison responsibilities were assumed by
the Randolph County Fire Marshal and its fire department rating responsibilities
were assumed by the North Carolina Department of Insurance; and
WHEREAS, the terms of all appointments to the Randolph County Fire
Commission have now expired.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of
Randolph County, this 5th day of December 2016, that the Randolph County Fire
Commission is hereby dissolved.
Update on Zoning and Violations of the Carolina Guns and Gear Shooting Ranee
County Attorney Ben Morgan stated that he wanted to address some of the questions raised
during public comment period. How does something like this occur? He said most of the zoning
problems or issues the County has are complaint driven. "Given the size of this county we don't
know something is occurring that's not supposed to be, until someone tells us." Mr. Morgan said
that another reason he feels we are in this situation is that the particular parcel in question is in
two zoning jurisdictions. (Mr. Morgan noted that some of Franklinville's Board members were
in the audience.) Mr. Morgan said the properties in question are currently owned by Long
Range, LLC and 64 Building, LLC. Long Range, LLC owns the 39.66 acres surrounding the
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building located at 5068 US Hwy 64E, Franklinville, while 64 Building, LLC owns the
building. The portion of the property that runs parallel with US Hwy 64E (owned by both
parties, Long Range, LLC and 64 Building, LLC) is within the zoning jurisdiction of the Town
of Franklinville. Mr. Morgan is of the opinion that the Town of Franklinville will need to deal
with the zoning for both the building and the pistol range that is currently located east of the
building. While the Town of Franklinville will be responsible for the zoning in this area,
Randolph County will continue to oversee any building permits and flood plain development
permits for the entire parcel. He said it is his understanding that significant improvements have
been made to construct shooting ranges.
Mr. Morgan said he had been contacted by an attorney from High Point who has been in
discussions with the property owner to determine whether or not to get involved in this case.
Mr. Morgan said the Long Range, LLC (property south of the orange line in the below
picture) will need to submit a zoning application with Randolph County to conduct any business
on that portion of the property that is within the Randolph County zoning jurisdiction. In
addition, Long Range, LLC and 64 Building, LLC will both need to comply with any building
permits and floodplain development permits that are necessary for the entire parcel.
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Mr. Morgan said he has not talked to the property owner but has talked to two different
attorneys who may be getting involved. He believes one may have recommended that the
owners seek counsel with more experience in zoning due to the complexity.
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Mr. Morgan advised the Board that this is only an informational presentation; no action is
required at this time.
Vice Chairman Frye asked if the current use of the property continues as it is until there is an
official action. Mr. Morgan said that is what has occurred in the past and referred to other recent
zoning cases. The Planning Department has sent a notice of violation to the property owners and
they recognize they have to come forward and seek rezoning.
Chairman Allen asked what was to keep them from delaying and drawing out the process.
Mr. Morgan replied that they are ultimately subject to daily fines established in the ordinance.
Commissioner Haywood asked if a cease and desist order was possible until resolved. Mr.
Morgan said the letter that was sent included language asking that they cease activity while this
was in process. A cease and desist order would require a lawsuit to be filed and a Superior Court
Judge to issue the order. The County does not have the authority to "order" them not to operate
without going through that process. Commissioner Haywood asked if there were sufficient
grounds and evidence to talk to a Judge. Mr. Morgan said if the Board chooses to do that then
the County would initiate a lawsuit to proceed.
Mr. Morgan's recommendation was that they allow the owner to file the rezoning application
by the next Commissioner meeting. Planning Director Jay Dale said that the owner had indicated
they would consult with an attorney on the request.
Mr. Morgan said normally the County gives a property owner a chance to fix violations and
then if no action is taken, the owner could be subject to fines of up to $500 per day and lawsuits
issued.
Vice Chairman Frye asked if the Town of Franklinville had taken any action on the part in
their jurisdiction. Mr. Morgan said he could only comment on what he has read from the Town
minutes. Franklinville Town Councilman Mac Whatley was present and Chairman Allen asked
him to come forward. Mr. Whatley said they have also heard from the neighbors. The property
is not inside the city limits but is in their extraterritorial jurisdiction for zoning (ETJ) and is
zoned Highway -Commercial (HC). He said, as far as he knows, the type of zoning was the only
question ever asked about the property and the Town was as surprised as everyone else when this
came to their attention. Chairman Allen asked if the Town of Franklinville was looking to take
any action. Mr. Whatley responded that they were not sure what to do either. The property being
zoned as HC fits with the activity going on inside the building but they didn't know about the
pistol range until it was brought to their attention. Mr. Whatley said the Town of Franklinville
does not currently have a plan and joked that the County could have back those 100 feet along
the roadway if they wanted it.
Mr. Morgan said all permitting for zoning, inspections, flood plain, etc., goes through the
County. This use request has to come before the Planning Board and County Commissioners
for approval.
Chairman Allen asked that the Planning Director relay the information to the property owner.
12/5/16
Mr. Morgan said he would relay the details to the attorney currently representing the owner.
Update on Regional Landfill
Randall Essick, Director of Business Development & Gov't Affairs with Waste Management,
said he has enjoyed the relationships he has built in Randolph County due to this partnership. He
then introduced Greg Thomas, District Manager for Waste Management, to give the update on
the Regional Landfill.
Mr. Thomas shared a Power Point presentation with pictures of the scale house, scales,
equipment and the first cell and stated they had received their certificate of occupancy for the
scale house last week.
Commissioner Haywood asked how many other landfills Waste Management have that use
the particular liner. Mr. Thomas replied that the Great Oak Landfill would make 42. All are
required to meet the State guidelines. Commissioner Haywood said he guessed that his problem
is that he doesn't "trust the State." He then asked Mr. Thomas if any holes had been punched in
the liners at any of the landfills. Mr. Thomas said, probably and what would happen is that it
would be repaired and then has to meet quality assurance regulations. Commissioner Haywood
asked how long it takes to discover the liner has a hole. Mr. Thomas replied that once trash is on
it, it wouldn't likely be damaged. Commissioner Haywood said he believes some types of trash
could puncture the liner and especially when in the process of covering the layers using heavy
equipment on top of it. He added that there may be some items in the landfill that may not be
safe and leak through holes. Mr. Thomas addressed those concerns by explaining the State also
requires semiannual ground water testing around each 15-acre cell.
Mr. Thomas said the site is 666.40 acres with a landfill footprint of 190.1 acres. The total life
expectancy of the site is 50+ years. The annual permit tonnage is estimated at 572,000 tons. He
said the service area is North Carolina only.
He also provided a list of thirty local companies that have been a part of the construction
project in some manner.
Commissioner Haywood asked how long before methane gas could be harvested and Mr.
Thomas replied, "three to five years."
Mr. Thomas concluded that the target opening date is December 19th but it also depends on
the State's permit to operate.
Approval of Resolution Authorizing the Sale of County Property —Walker Ave. Building
County Manager Hal Johnson gave a follow up to the October 3rd presentation by Victoria
Whitt, Executive Director of Sandhills Center, West End, N.C., concerning the desire of the
Sandhills Center to locate a Facility Based Crisis Center at its current location of 110 West
Walker Avenue, Asheboro, N.C.
Purchase of the building by Sandhills would allow a Facility Based Crisis Center to be
operated by Daymark Gateway Service, whose goal is to provide an alternative to hospitalization
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for adults experiencing a behavioral health crisis. These services would be provided 24 hours
per day, seven days per week, in a non -medical residential facility setting. It would offer short-
term services, most often four to seven days, which may include stabilization, assessment and
evaluation of mental health needs, medical management, and engagement of family or others to
support the individual, as appropriate.
Sandhills and Daymark Service currently offer behavioral health crisis services at this
location Monday through Friday from 8:00 am to 5:00 pm and have for the past 18 years. There
are currently 30 employees at this site. With the establishment of a Facility Based Crisis Center
there would be 40 additional employees located at this facility.
Mr. Johnson said that the Sandhills Center Board of Directors met in November and
unanimously agreed to purchase the county -owned building located at 110 West Walker Avenue,
Asheboro, N.C., PIN# 7750773424, at a price of $1,500,000. Current tax evaluation on this
building is $1,986,395. Building consultants for Sandhills have estimated building upgrades in
excess of $500,000 will be necessary to meet requirements for a Facility Based Crisis Center.
The Facilities Committee and the County Facility Advisory Committee (includes two
Commissioners) agreed that a $1.5 million offer, when taken in consideration with the amount of
services citizens will receive, well justified being considered at the offered amount.
He said for future consideration during the budget process, the Sandhills Center Board of
Directors has also requested that the Board of County Commissioners consider an increase in the
Randolph County general funding which would restore to the level prior to December 2015, of
$844,000. This added annual funding would be in support and recognition of the increased
services to be provided to the community.
Mr. Johnson said if the Board agrees to this offer, a Resolution Authorizing the Sale of the
West Walker Avenue Property will need to be adopted and the related budget amendment
approved.
Vice Chairman Frye added that Commissioner Allen serves on the Sandhills Center Board of
Directors. Commissioners Frye and Allen met with them about this property. Initially, Sandhills
offered a whole lot less for the property and proposed that the County assume all the
responsibilities of almost a million dollars of upgrades to the building, which the County did not
believe was in its best interest. Commissioner Allen then highlighted all the upgrades that were
needed in order to operate as a hospital and to be ADA compliant.
Commissioner Allen said this building would include six 23-hour beds that would
accommodate patients who needed to be evaluated. This facility would enhance law
enforcement's ability to get help immediately for those people who would otherwise be housed
at the jail. He said he hoped this would help alleviate some of the crowding issues at the jail as
well.
Commissioner Haywood asked if they provided a break down on the types of jobs that would
be needed for the 40 new positions. Commissioner Allen replied that three million dollars of
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payroll had been set aside for new hires but was unsure of the job titles. He added that if this
process goes well for adults, Sandhills may consider a pediatric facility in the future.
Vice Chairman Frye suggested that they authorize the sale of the property, as is, for the $1.5
million offer.
On motion of Frye, seconded by Haywood, the Board voted unanimously to adopt a Resolution
Authorizing the Sale of County property located at I10 West Walker Avenue, Asheboro, N. C.,
PIN# 7750773424, at a price of $1, 500, 000 to Sandhills Center and approve related Budget
Amendment #12, as follows:
RESOL UTION A UTHORIZING THE SALE OF PROPERTY TO
SANDHILLS CENTER
WHEREAS, the County of Randolph owns a parcel of real property obtained
by Randolph County in deed recorded in Deed Book 1436, Page 801 of the
Randolph County Registry and identified by parcel identification number
7750773424, hereinafter the "Property"; and
WHEREAS, North Carolina General Statute §160A-274(b) permits the
County to, upon such terms and conditions as it deems wise, with or without
consideration, sell to any other governmental unit any interest in real or personal
property; and
WHEREAS, North Carolina General Statute §160A-274(f defines a
governmental unit as a city, county, school administrative unit, sanitary district,
fire district, the State, or any other public district, authority, department, agency,
board, commission, or institution.
WHEREAS, the Sandhills Center is a publicly funded local management
entity -managed care organization responsible for the management and oversight
of the public system of mental health, developmental disabilities, and substance
abuse services at the community level pursuant to North Carolina General Statute
§122C-115.4; and
WHEREAS, the County received an offer to purchase the Property for the
amount of One Million Five Hundred Thousand Dollars ($1,500, 000. 00) for the
development of a facility -based crisis service initiative, said offer submitted by
Sandhills Center; and
WHEREAS, the Property that is the subject of the offer is more particularly
described as follows:
BEGINNING at a pk nail set in a concrete gutter at the Northeast
corner of the intersection of the 60 foot wide right-of-way of West
Walker Avenue with the 60 foot wide right-of-way of South Church
Street in the City of Asheboro, said beginning point having the
N.C. grid coordinates Y707, 279.56 and X1, 757,114.64 and
running thence North 00 degrees 35 minutes 7 seconds West
247.83 feet to an iron pin, the Southwest corner of the Carolina
Power and Light Company property; thence North 89 degrees 23
minutes 51 seconds East 265.96 feet to an iron pin, the Southeast
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corner of the Carolina Power and Light Company property; thence
North 00 degrees 35 minutes 7 seconds West 271.29 feet to an iron
pin in the Southern line of the 40 foot wide right-of-way of West
Taft Street; thence along said right-of-way line South 86 degrees
13 minutes 7 seconds East 43.99 feet to an iron pin, John Flowers'
Northwest corner; thence along the Flowers' line South 00 degrees
35 minutes 10 seconds East 125.52 feet to an iron pin; thence
South 85 degrees 58 minutes 10 seconds East 102.04 feet to a point
in the Western line of the right-of-way of High Point, Randleman,
Asheboro and Southern railroad; thence along said right-of-way
line South I degree 41 minutes 27 seconds East 203.29 feet to a
point; thence along the chord of a curve bearing South 00 degrees
27 minutes 23 seconds East and having a radius of 4,125.00 feet
and an arc distance of 177.727 feet to a concrete monument in the
Northern line of the 60 foot wide right-of-way of West Walker
Avenue; thence along said right-of-way line South 89 degrees 15
minutes 53 seconds West 415.06 feet to the point and place of the
Beginning, containing 2.958 acres, more or less, according to a
survey by Moore, Gardner and Associates, Inc. dated June, 1982.
WHEREAS, the Randolph County Board of Commissioners recognizes the
desirability of a facility -based crisis services initiative to serve the mental health
needs of its citizens.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of
Randolph County, this 5th day of December 2016, that, pursuant to N.C. G.S.
§160A-274, the Board hereby approves the sale of the above -described Property
to the Sandhills Center; and
BE IT FURTHER RESOLVED that the Board of Commissioners hereby
authorizes County legal staff and management to prepare and the Chairman of
the Board of Commissioners to execute such documents as may be necessary to
effectuate the sale of the Property described above to the Sandhills Center.
2016-2017 Budget Ordinance
General Fund —Budget Amendment #12
Revenues
Increase
Decrease
Miscellaneous
$1, 500, 000
Appropriated Fund Balance
$1, 500, 000
Appropriations
Increase
Decrease
Approval of Purchase of Property for Agri -Business Center
County Manager Hal Johnson stated that during this year's budget process, the County
Tourism Development Authority (TDA) voted to fund a feasibility study related to a future
Randolph County Agricultural -Business Civic Center. Then on November 14, 2016, the Agri -
Business Civic Center Planning Committee voted to recommend to the TDA Board that they
approve Magellan Strategy Group, LLC, of Asheville, N.C., as the planning consultant for this
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facility. On November 16th, the TDA Board finalized this recommendation and the feasibility
study, once started, is expected to be completed within 26 weeks. He said a decision involving
the location of an Agri -Business Civic Center is crucial for its long term impact on the
agricultural community and the economy of Randolph County. "You can build the nicest facility
but if it is in the wrong location that negates what you are trying to accomplish."
Mr. Johnson said that in October 2016, the County became aware of the willingness of
Klaussner Furniture Industries, Asheboro, N.C. to sell 104 acres PIN #7761912926 located north
of Randolph Mall bordering Highway 64 (Dixie Drive) at a price of $2,000,000 plus closing
costs. This offer was substantially below the 2016 assessed county tax evaluation of $4,705,130.
NA
Klaussner Furniture Industries had originally marketed this property as a major retail
development location for a Target; however, the recession of 2008 ended those plans. As a
result, Klaussner has provided the County with the full studies and reports prepared at that time.
These reports include:
• Preliminary Subsurface Exploration and Geotechnical Engineering Analysis
• Title Insurance Documents
• General Warranty Deed Documents
• Draft Traffic Study by Wilbur Smith Associates
• CAD file for Boundary and Topographic Survey
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• Various Conceptual Site Development Drawings for Large Retail Use
He said this particular site brings with it very unique benefits due to its central location within
the county and state as well as access to Interstates 73/74, the new Asheboro U.S. Hwy 64 by-
pass loop, Highways 64/49 tourism corridor, nearby hotels, restaurants, and other amenities.
Mr. Johnson said it is believed that an Agri -Business Civic Center's central location with access
to amenities would provide maximum economic stimulus to the Randolph County agricultural
community as well as other areas of economic development countywide. He explained the City
of Asheboro was founded in 1796 and made the county seat because citizens wanted the
courthouse centrally located in the county and for that same impactful reason, believes that
locating this Agri -Business Center here is a good idea.
The Facilities Committee has reviewed this opportunity to purchase land and has
recommended that the purchase is consistent with the long term interest of Randolph County.
Chairman Allen said the Randolph County Agri -Business Civic Center Planning Committee
reviewed this potential location and also recommended that the County purchase this 104-acre
site for future use.
Chairman Allen added that previous Commissioner Phil Kemp made the initial contacts with
Klaussner and deserves a lot of the credit for working on this project. The City of Asheboro
has been very helpful in providing draft engineering drawings of possible road improvements
and water/sewer infrastructure support. Based on the location of water/sewer infrastructure, the
City of Asheboro provided CAD drawings of a possible site location of an Agri -Business Civic
Center on this parcel. This could include office and meeting space, main arena/show areas,
barns, and possibly a riding trail. Chairman Allen recognized the City of Asheboro Mayor David
Smith and offered him an opportunity to speak.
On behalf of the City of Asheboro, Mayor Smith said he wanted to convey their enthusiastic
support of this project. They agree that this particular location is the perfect site. It has access to
city services, accommodations and food. He said that one of the things the City boasts when
talking about tourism, economic recruitment and their assets is their central location in the state.
Asheboro is located halfway between Asheville and Wilmington, Roanoke and Spartanburg, and
Atlanta and Washington. He said there is no limit to what the Center could host and encouraged
the Board to study the project diligently so that in five years it wouldn't be said that "we wished
we had done more. This facility could be an economic benefit for the area in not only agriculture
but for trade shows like boat, RV, antiques, collectibles or other. This will put Randolph County
in a different league and open up many opportunities." He added that there is also some
outparcel space that could provide opportunity for hotel and retail shops if the County desired to
sell. In conclusion he said "an agriculture county like Randolph ought to have fair."
Vice Chairman Frye said nothing happens without a site and suggested using the funds from
the sale of the Walker Avenue building towards the purchase of land for the Agri -Business Civic
Center.
On motion of Frye, seconded by Haywood, the Board voted unanimously to authorize the
purchase of 104 acres, PIN #7761912926, located north of Randolph Mall bordering Highway
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64 (Dixie Drive) at a price of $2, 000, 000 plus closing costs and approve related Budget
Amendment 913, as follows:
2016-2017 Budget Ordinance
General Fund —Budget Amendment #13
Revenues
Increase
Decrease
Appropriated Fund Balance
$2, 050, 000
Appropriations
Increase
Decrease
Public Buildings
$2, 050, 000
Approval for Economic Development Project with Petty's Garage
EDC President Bonnie Renfro reviewed the Petty's Garage project prior to a required public
hearing.
Richard Petty and his family of companies have been part of Randolph County's business
community for many decades (since 1949). Over the years, they have operated a portfolio of
companies that included Richard Petty Motorsports and the Richard Petty Museum. The
motorsports operation has been located in Mooresville since 2008.
In 2009, Petty's Garage LLC was founded to build upon the Petty legacy of quality and
excellence in performance vehicles. Petty's Garage is located in Level Cross at the home site of
Petty Enterprises at 311 Branson Mill Road. The company focuses on custom restoration and
modification of automobiles; both classic and OEM after -market. Petty's Garage also produces
custom designed and manufactured high performance automotive parts.
Petty's Garage is expanding and they are pursuing new opportunities. They are considering a
project that will expand the size and scope of their business, add jobs and economic growth. The
project will continue to build a tradition of performance and become a destination point for
history and performance enthusiasts. Petty's Garage will create a legacy that will last long into
the future.
Petty's Garage is seeking a Building Reuse Grant to assist with the cost of renovation and
repairs to existing facilities located at their operation in Level Cross. This is a state funded
program that Randolph County has used very successfully over the last few years to assist
private companies to locate in vacant buildings. The grant can also assist companies with
occupied buildings in support of new job creation. Grant funds are available on a per new job
basis and companies must commit to new job creation within 18 months. The grant pays up to
50% of eligible costs to repair or renovate an eligible building and is structured as a deferred
forgivable loan made to a unit of government and re -loaned to the company. The loan is
forgiven if the company meets the job creation requirements. The funds must be matched by the
private sector client. If approved the grant would be made to Randolph County and requires a
5% match. The grant funds must be repaid if the job creation commitment is not met. She added
that it is a promissory note between the County and the Company.
There are seven buildings on the site and they range in age from 1952 to 1999, totaling more
than 65,000 square feet. The project would create 17 new full-time jobs with an average wage of
$46,020 and result in new capital investment of $2,415,000 within two years. The company
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currently employs 33 at Petty's Garage and the Richard Petty Museum in Level Cross. Grant
funds would be used for repair and replacement of roofs and HVAC systems in five of the
buildings.
The project will expand the manufacturing of automotive parts, and provide increased
capacity for custom restoration and modification of the classic and OEM aftermarket automotive
business. The company already has a six to eight month waiting period despite doubling their
production area. The company designs, develops and produces its own automotive parts for use
and sale. The company's future plans are to bring engine building that is currently outsourced
back to the garage and to establish a classic car dealership to market and provide opportunities
for their loyal and growing customer base.
Ms. Renfro requested that after the required and duly noticed public hearing, Randolph
County 1) approve the resolution agreeing to accept and administer the $170,000 Building Reuse
Grant to assist Petty's Garage with the cost of renovation and repairs to existing facilities on
behalf of Petty's Garage, if awarded, 2) to contribute a 5% grant match of up to $8,500, and 3) to
authorize the County Manager to sign the grant documents. She said the Rural Infrastructure
Authority meets on December 15, 2016, to consider this application.
Petty's Garage is a success story from one of our county's most iconic leaders and companies.
Over the years, they have consistently grown their business by providing quality product and
customer service. None of the Petty companies have ever requested incentives. However, this is
an opportunity to assist one of our best known companies and allow them to grow faster to meet
their customer demand.
Chairman Allen asked what the County would be liable for. Ms. Renfro said per the terms of
the document, which is a promissory note between the company and the County, the County's
interest is secured. As part of the grant, the company provided documentation that they have
sufficient funds to complete this project. The protection to the County is that particular evidence
and the legal documents that would be signed.
Finance Officer Will Massie said, based on the experiences of past Building Reuse Grants; it
is a choice of the Board whether the County does any additional security. Each request should
be weighed based on information and comfort level.
At 7:41 p.m., the Board adjourned to a duly advertised public hearing to receive public
comment on the requested funds from the County for the economic development on behalf of
Petty's Garage.
Russell Stellfox, CEO of Petty's Garage, Museum and Foundation, took the opportunity to
talk about the things happening at Petty's Garage. He said that since January 2016, they have
added 19 new employees. They have established a marketing program to double the size of the
business over the next three to five years. He said it is an exciting time in the performance and
after -market products. There is a following of all types of shows on television for car and
performance enthusiasts. He stated that Petty's Garage is positioned very uniquely to be able to
capitalize on that and the history, tradition and legacy of the Garage. Today, they fully restore
automobiles from early 1930s to 1990s and from there they do after -market performance where
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they take new cars after they have been titled and build custom cars for customers from all over
the US, Mexico and Canada. They also do what is called OEM build (super cars) for Ford (670,
727 and 825 hp. Mustangs) and Dodge (1,000 hp. Challenger Hellcats).
Mr. Stellfox said they have had many calls lately from those seeking employment after being
laid off. He said they need employees and places for them to work to keep up with the demand
and excitement for the Petty product. He said it is Petty's mission to bring Level Cross and
Randolph County back to the forefront of the automobile industry. This grant will allow them to
invest money in the building while other funds are invested in technology and equipment to stay
on the cutting edge. He asked the Board to consider the request to partner with them to bring
jobs and economic development to the community as they go into the future.
Commissioner McDowell asked if they use any or have hired any of the RCC students. Mr.
Stellfox replied they do and have a partnership with RCC and do apprenticeship programs. They
currently have around eight employees that are graduates of RCC. He said they have a unique
business when you look at the restoration side of the business; many of the employees who have
the history and knowledge about restoring older cars are now retiring. Petty's makes it a practice
to bring in younger employees to train with the seasoned employees so they are able to restore
cars like ones built in the 1930s, 1960s, etc. "They need to train so we can continue growing this
business."
Hearing no additional comments, Chairman Allen closed the public hearing.
On motion of Haywood, seconded by McDowell, the Board voted unanimously to adopt a
resolution authorizing Randolph County to accept the $170, 000 Building Reuse Grant from the
Department of Commerce to assist Petty Garage with the cost of renovation and repairs to
existing facilities located at their operation in Level Cross, if awarded; authorize the County
Manager to execute whatever documents may be necessary to facilitate the acceptance of the
Grant; and to expend funds up to Eight Thousand Five Hundred Dollars ($8,500.00), the
required local match of the Grant, if awarded, as follows:
RESOLUTION IN SUPPORT OF THE PETTY GARAGE PROJECT
WHEREAS, Section 158-7.1 of the North Carolina General Statutes
authorizes a county to undertake an economic development project by extending
assistance to a company in order to cause the company to locate or expand its
operations within the county; and
WHEREAS, Richard Petty and his family of companies have been part of
Randolph County's business community for many decades operating a portfolio of
companies that included Richard Petty Motorsports, Richard Petty Driving
Experience, and the Richard Petty Museum.
WHEREAS, in 2009, Petty's Garage, LLC was founded to build upon the
Petty legacy of quality and excellence in performance vehicles focusing on custom
restoration and modification of automobiles, both classic and OEM after market;
also producing custom designed and manufactured high performance automotive
parts.
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WHEREAS, Petty's Garage has stated its commitment to invest $2, 415, 000 to
renovate and equip existing buildings at the home site of Petty Enterprises located
in the Level Cross Community in Randolph County and to create 17 new jobs
within two years; and
WHEREAS, in order to assist the company with the cost of renovation and
repairs to existing facilities in order to expand the manufacturing of automotive
parts and provide increased capacity for custom restoration and modification of
automobiles, both classic and OEM after market, the company has asked the
County to seek and administer a Building Reuse Grant from the Department of
Commerce (hereinafter, the "Grant'); and
WHEREAS, the company's future plans are to bring engine building that is
currently outsourced back to the garage and to establish a classic car dealership
to market and provide opportunities for their loyal and growing customer base,
and
WHEREAS, said Grant requires a 5% local match from the local government
making application; and
WHEREAS, the amount of the Grant that the company is eligible for is
$170, 000, requiring a local match of $8, 500; and
WHEREAS, the deadline for application for said Grant was November 4,
2016; and
WHEREAS, at its November 7, 2016, meeting the Randolph County Board of
Commissioners, in order to preserve its ability to do so, authorized the submission
of the application for the Grant and set a public hearing on the matter; and
WHEREAS, the County has held a public hearing on the acceptance of said
Grant and the provision of the required local match; and
WHEREAS, this economic development project will stimulate the local
economy, promote business in the County, result in the renovation and upgrades
to some of the older facilities in order to increase production capacity, and create
a number of new jobs in the County; and
WHEREAS, the County has in its General Fund available revenues sufficient
to fund this economic development project;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of
Randolph County, this Yh day of December 2016, as follows:
1. The County of Randolph is authorized to accept the $170, 000 Building Reuse
Grant from the Department of Commerce, if awarded, to assist Petty's Garage
with the cost of renovation and repairs to existing facilities located at their
operation in Level Cross; and
2. The County Manager is authorized to execute whatever documents may be
necessary to facilitate the acceptance of the Grant; and
3. The County of Randolph is authorized to expend funds up to Eight Thousand
Five Hundred Dollars ($8, 500.00), the required local match of the Grant, if
awarded.
Megasite Marketing Update
EDC President Bonnie Renfro said significant progress had been made over the last year on
the Greensboro Randolph Megasite project. Key milestones include property acquisition, zoning,
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and certification. The current focus on both public and private infrastructure planning and
marketing is as follows:
Infrastructure Planning
• City of Greensboro is 95% complete with the engineering and design project to extend
water & sewer. Right of way and permitting are the next steps. They have applied for a
Golden Leaf Foundation grant to assist with the cost of construction of the utility lines.
• Duke Energy is nearing the conclusion of the siting project to determine the optimum
corridor for extension of transmission level power service. Two public information
meetings have been held and 168 comments were received from the public. The corridor
selection has followed the guidelines and protocol established by the NC Utilities
Commission. The corridor will likely be selected by the end of the first quarter of 2017.
• Highway transportation planning is underway to evaluate US 421 for potential roadway
improvements that could include the construction of a new interchange. The process is
funded by the Greensboro Randolph Megasite Foundation and follows NCDOT
guidelines and review. The first phase of the design project is expected to be complete in
the spring of 2017.
• Work continues with the engineering team of Norfolk Southern for a conceptual plan
based around the rail line that borders the property on the north. They are considering
ways to add a spur or even a rail yard on the property to serve an end user if necessary.
Marketing
• The marketing team includes Randolph County EDC, Greensboro Chamber, NC
Railroad, Duke Energy and the Economic Development Partnership of NC (EDPNC).
• The EDC is working with a professional marketing firm to assist with high quality
marketing collateral, website improvements, and a video showcasing the site and
community.
• The video features Richard Petty with a welcoming and closing message about Randolph
County. Other features include the workforce, location, education, and quality of life
along with the site location and assets.
• The EDPNC is launching a revamped website featuring the state's sites and buildings and
is planning a focused section highlighting the state's megasites.
• Primary target sectors include automotive, aerospace and aviation, and major advanced
manufacturing.
• Aggressive outreach to site consultants, allies, and company leaders has begun. A robust
travel schedule includes NY, Los Angeles, Dallas, Atlanta, Greenville SC, Chicago and
Washington DC. International travel includes Asia and Europe. Team members have
already traveled to Dallas, Atlanta, Germany and Japan. Goals are to introduce the site
and our community and highlight our competitive advantages to the consultants who
advise companies as well as the multipliers and allies such as utilities, rail providers,
architects and engineering firms and large contractors. Our plan includes visits with
corporate decision makers at their North American headquarters.
• NC consistently ranks as a top state for business by Site Selection Magazine, Forbes,
Chief Executive Magazine, CNBC and the Tax Foundation. We have a great site and a
great state. So far, the people we've met with are excited about the site and about the
partnership that made it a reality.
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Commissioner McDowell asked about the timeline for the project. Ms. Renfro replied that
they would know about the Golden Leaf Grant for the water and sewer by the end of the year.
Because the engineering and design work is complete and the right of way is in process they
could proceed with construction after permitting is complete. With the Duke Energy study, it is
expected they will identify one of the potential 14 corridors to the public by the end of the first
quarter of 2017. From there, they could move forward with the construction to serve a client and
have that completed in 12 to 18 months. She said the roadway will be a longer process. Having
the information from the planning and engineering work that is being done, which includes
environmental assessments and follows DOT guidelines, will accelerate the potential process for
any construction that might be required. She said she doesn't expect any road construction until
a client is identified.
Ms. Renfro said that regarding the marketing, it is about getting the word out about the site.
Many have said they didn't know about its availability. Potential clients are seeking additional
information and asking for follow-up information about the progress.
Commissioner McDowell asked if the Hwy 421 off -on -ramp site had been selected. Ms.
Renfro said that the decision is part of the highway transportation planning study. They are
studying a specific corridor from south of Starmount Road to north of Julian Airport Road.
Commissioner Kidd asked if the City of Greensboro planned to go ahead and run the water
and sewer lines if they received the grant funds or would they wait until there was a client. Ms.
Renfro said she was not sure, but the intent with planning is that construction would begin when
a client is identified. From a business perspective, an end user would want confidence that
something could be delivered to them on a timely basis that would run parallel with them making
a decision to move forward with their own construction.
Economic DevelopmentProiect Blue Angel
Kevin Franklin, Existing Industry and Business Coordinator, presented information on Project
Blue Angel stating that the client has not yet authorized that their name be used publicly. Mr.
Franklin acknowledged the presence of Mayor Filmore York, Town Manager Roy Lynch and
Council Member JR Beard at this meeting.
Mr. Franklin said this project is an agri-business located south of Liberty that is considering
an expansion project which includes the rehabilitation of a vacant building and extension of a
water line to serve the site.
The total anticipated company investment in the project is $14,650,000 including the
complete renovation of a vacant building at an estimated cost of $2,050,000 and installation of
new equipment at an estimated $12,600,000. The building, which is owned by the company, has
been vacant for approximately four years and based on job creation, is eligible for a Building
Reuse Grant from the NC Department of Commerce of up to $75,000 to assist with the cost of
renovations. The program has a 5% local government match requirement. Since the project site
lies in an unincorporated area of the county, the County would need to commit to $3,750 in
matching funds when authorizing the grant application.
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In addition to the Building Reuse Grant, the project company requires extension of public
water to meet increased water demand associated with the expansion. The project site is
approximately 4,300 linear feet from the end of an existing 12" water main owned by the Town
of Liberty. The company projects weekly water usage to be 175,000 gallons, or approximately
35,000 GPD for a five-day work week. Liberty has adequate water capacity to serve this need.
According to pricing estimates obtained by Town Manager Roy Lynch, installation of a 12" line
to serve the site will cost as much as $800,000. The NC Department of Commerce has proposed
incentives of up to $400,000 in CDBG funding for the water line extension, leaving a funding
gap of $400,000. The EDC requests that Randolph County consider partnering with the Town of
Liberty by contributing up to $265,000, or approximately two-thirds, of the funding to close the
gap. The project site is outside of the Town of Liberty and annexation is not an option. The
Town of Liberty has agreed to consider participating with a $135,000 investment based on
projected return on investment from water sales. Based on new tax revenue generated by the
project, the EDC estimates a payback period of four years for an investment of $265,000.
Mr. Franklin said unless the County has an objection, the Town of Liberty has requested to be
the applicant on the CDBG program, is prepared to hold the initial public hearing on December
27th and will set a January date for the second one because CDBG grant applications require two
public hearings on the matter.
He said the project is competitive with sites in at least two other states. Construction is
anticipated to begin in early 2017.
The EDC believes that Project Blue Angel is a good economic development project for
Randolph County and the Town of Liberty. The project will generate additional tax revenue for
the County, result in the creation of 17 new jobs (average wage $28,059 and at least 50% of
health benefits), and enhance the developability of additional land south of Liberty by providing
access to public water in a growth corridor. The project company also anticipates that the
expansion project will generate additional related agri-business development within a fifty -mile
radius of the project site.
On behalf of the EDC, Mr. Franklin requested that Randolph County authorize submission of
a Building Reuse Grant pre -application and schedule two public hearings related to Project Blue
Angel at its January 3rd meeting. The first public hearing would formally consider submission of
a Building Reuse Grant and the required $3,750 local match commitment. The second public
hearing would formally consider partnering with the Town of Liberty on a CDBG grant
application to facilitate extension of a 12" water line along with a $265,000 funding commitment
from Randolph County contingent on the Town of Liberty's commitment of $135,000 toward the
project cost.
Vice Chairman Frye asked if this project met the County average wage and Mr. Franklin
replied that it is a little less than average of the County. Because it does not meet the average
wage requirement, the amount available per job for the Building Reuse Grant is less.
On motion of Frye, seconded by Kidd, the Board voted unanimously to authorize submission
of a Building Reuse Grant pre -application and schedule two public hearings for January 3,
2016, at 6:30 p.m.; one to formally consider submission of the Building Reuse Grant and the
12/5/16
required $3, 750 local match commitment and another to formally consider partnering with the
Town of Liberty on a CDBG grant application to facilitate extension of a 12 " water line along
with a $265, 000 funding commitment from Randolph County contingent on the Town of Liberty's
commitment of $135, 000 toward the project cost.
Proiect Gary J. Younts Machine Co., Inc. Update
Kevin Franklin, Existing Industry and Business Coordinator, explained that he appeared
before the Board at the November meeting and requested a public hearing be scheduled for the
December meeting. However, the EDC asked that it be postponed because they did not have all
of the detailed data needed. He reviewed the highlights of the presentation made at the
November meeting for the benefit of the new Board members.
Gary J. Younts Machine Co., Inc. is out of space at its current location at 4786 Turnpike
Court in Trinity and has purchased a vacant 8.68 acre parcel at the intersection of Turnpike Road
and Turnpike Court in Trinity for future expansion. The company plans to construct four 15,000
square foot freestanding buildings on the property in order to relocate from the current 9,400
square foot building. The estimated cost of the construction project is $4,000,000. At this point,
no additional investment in equipment is anticipated. The expansion site does not currently have
access to public sewer, and Younts Machine would like to connect to the City of Trinity's sewer
system. The City of Trinity estimates the cost of extending sewer to the site at $490,000 which
includes installation of a public pump station. While Trinity is Mr. Younts' preferred expansion
location, this project is competitive with a neighboring county on property also already owned by
Mr. Younts.
Younts Machine has been in business since 1987 and in the current facility since 1993. The
company is a machine shop with a seasoned workforce of 14 full-time employees and an
established customer base. The company does not have adequate property for an expansion at the
current facility which is now at maximum production capacity. There are sufficient inquiries
from current and prospective customers to warrant an expansion, and Younts Machine is
committed to creating at least 15 new full-time jobs over an 18- to 24-month period at an average
wage of around $34,000.
The NC Commerce Department reviewed the Younts Machine project at its November 29
funders meeting and has recommended that the City of Trinity submit a grant application to the
Utility Account in the amount of $367,500. The Utility Account requires a local match of 25% of
the $490,000 project cost for a total local match requirement of $122,500. The City of Trinity
requests that the County consider partnering in an equal share of the grant match, or $61,250.
Based on estimated additional tax revenue, a County investment of $61,250 would have a
payback period of approximately two and a half years. The City will hold a public hearing
December 12th to consider grant submission and match commitment contingent upon the
County's participation.
The EDC requests that Randolph County schedule a new public hearing for the January 3ra
meeting to consider partnering equally with the City of Trinity to provide $61,250 toward a grant
match totaling $122,500 to support extension of sewer to the proposed Younts Machine
expansion site.
12/5/16
On motion of Haywood, seconded by Frye, the Board voted unanimously to schedule a public
hearing for January 3, 2017, at 6: 30 p. in., to consider partnering equally with the City of Trinity
for a grant match to support extension of sewer to Younts Machine.
Rezoning Public Hearing
At 8:22 p.m., the Board entered into a duly advertised public hearing to consider rezoning
requests. Jay Dale, Planning Director, presented the following request and Chairman Allen
opened the public hearing then closed it after hearing comments.
EDDIE MORAN, Franklinville, North Carolina, is requesting that two acres (out of 8.23
acres) located on the corner of I-74 and Old Courthouse Road, Back Creek Township, be
rezoned from RA to HC-CD. Tax ID# 7744989448. Secondary Growth Area. Back Creek Lake
Watershed. The proposed Conditional District would specifically allow the construction of a
proposed 30' x 75' building to be used for an automotive repair and inspection shop as per site
plan. The Planning Board reviewed this request at public meeting on November 15, 2016, and
unanimously recommended that this request be approved as consistent with the 2009 Growth
Management Plan. The Planning Board found the following policies within the 2009 Growth
Management Plan that support determination of consistency with the adopted plan with this
recommendation are:
Policy 4.1 Provide for sites in Randolph County jurisdiction where rural commercial activity
can locate; with the goal of increasing economic activity, job creation, and provision of services
to the rural community.
Policy 4.3 Individual Rural Business or Highway Commercial rezoning decisions will depend
upon the scale of the proposed development as it relates to the specific site and location weighed
against impacts to adjoining rural land uses.
Policy 4.6 Compatible land uses such as rural neighborhood retail and service establishments
located close to general residential areas should be considered during the rezoning process with
the general goal of reducing automobile travel distances and promoting better livability in the
community.
Vice Chairman Frye asked if there were any site conditions and Mr. Dale replied there were
none. He said the subject of buffers did come up during the Planning Board hearing and the
property owner was willing to cooperate with the use of buffers if necessary.
Commissioner McDowell asked about the amount of cars that would be on the property or
stored at one time. Mr. Dale said the applicant had stated no more than 30 at a time. He repairs
them and customers pick them up upon payment.
Commissioner Haywood asked if there would be any large trucks. Mr. Dale said the owner
says he only does repairs to standard automobiles. Commissioner Haywood was also concerned
about the railroad crossing and the amount of traffic on what he considered a poorly maintained
narrow road.
Vice Chairman Frye asked if the property was in a watershed and Mr. Dale confirmed it is in
the Back Creek Watershed. Vice Chairman Frye questioned how environmental regulations
would be handled. Mr. Dale said a business that removes content (oil, antifreeze, etc.) dangerous
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to the environment had been contracted to handle this. He said when the applicant comes in for
other permits, the Planning Department will check to see if a spill containment plan is necessary.
Eddie Moran, 3777 Bethany Church Rd., Franklinville, submitted a conceptual picture of
what the shop would look like. (Submitted as Exhibit I and is below.) He confirmed that he does
not work on large trucks. Maybe an occasional tractor since he would have cattle and hay on the
back of the property. Mr. Moran confirmed that he does have Freon machines for air
conditioners. Nobles Oil Services picks up the used oil at the current location he has operated for
fifteen years. He added that he would also have above ground storage for fluids.
Mr. Moran said the Army Corp of Engineers had visited the site regarding the wetlands and
gave him the required paperwork to complete.
Mr. Moran confirmed business hours would be Monday through Friday from eight to five and
that he would not be storing cars. There are three employees at the current shop and he plans to
add four new employees and operate both locations because there is a demand for more repairs
from patrons. Since the existing building cannot be expanded, he purchased this property on Old
Courthouse Rd. as a second location. He added that the existing operation is also in a housing
development.
Commissioner Haywood said he was curious and asked Mr. Moran why he picked a dead end
street. Mr. Moran replied that it is near the existing shop and no other land has been available
nearby. He said this property had been for sale since Interstate 73/74 cut the road in half. The
owner of the property came to him with the proposal.
Terry Caviness, PO Box 928, Liberty, spoke in favor of this request. He said Mr. Moran has
many years of experience in the business and keeps a neat place. He said Mr. Moran would
install buffers if the neighbors were concerned that it would be an eyesore, but didn't believe that
the property wouldn't be neatly kept. Mr. Caviness then addressed the comment about the
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poorly kept condition of Old Courthouse Road believing that DOT records probably show that
the road doesn't get a lot of traffic and maybe this could benefit the traffic count to get some
repairs. Mr. Caviness said this was an opportunity to help a young entrepreneur expand and
create jobs without giving tax incentives.
Commissioner Haywood said all the neighbors say Mr. Moran is a good fellow but that they
don't understand why he wanted to put a shop on the end of a dead end road.
Mr. Caviness stated that Mr. Moran has a loyal customer base and they will go wherever he
is. He said the neighbors would be getting Mr. Moran to do their work when they find out how
good he is at his job.
Martha Powell, 3917 Old Courthouse Rd., Sophia, spoke in opposition of the request. She
said she has lived on the road for 33 years. She and her neighbors are used to the agriculture
neighborhood compatible with the Residential — Agriculture (RA) zoned area and want to be
proactive in protecting their natural land and ground water resources. Any development along
the road must be compatible with the existing infrastructure. She feels that the construction of a
business at the end of the road impacts everyone along the road. Ms. Powell read the following
statement from the 2009 Growth Management Plan: Randolph County is now one of the fastest
growing counties in the state. As a result private land owners increasingly find themselves under
intense economic and development pressure that affect the future of their land. Ms. Powell said
unfortunately, once natural habitats, productive farms and forests are taken for development they
can seldom be reclaimed. "I've seen this happen over and over." She said there is no guarantee
the business will remain as described in this request.
She said she wanted to make sure that this request is compatible with the secondary growth
area developmental policies which are to protect the character of the established residential area,
safeguard existing natural and groundwater resources, utilize buffering between commercial and
residential areas, and have adequate infrastructure. She said the business was not mutually
compatible with the neighborhood. She said she and the neighbors have already had their
property value impacted when I-74 was constructed and cut their street in half
Chad Vickery, 3938 Old Courthouse Rd., Sophia, stated he was "speaking for a vast majority
of the property owners on the road." He said their concerns are with the already difficult access
to and from this road that has limited sight distance, the existing railway that has no lights or
warnings, and the potential addition of 30 more cars.
David Johnson, 3934 Old Courthouse Rd., Sophia, stated he has lived on the road for 53
years and has a horse farm. He spoke about the condition of the road and said it was due to
being used as a service road during the I-74 construction and DOT didn't repair it after
construction was finished.
Mr. Johnson said he has known Mr. Moran for many years and is friends with him. He
doesn't believe this is the best option for a business location and said they have talked to each
other about it. Mr. Johnson doesn't feel any amount of buffer will hide the building from his
sight due to the location of his home being on a hill above it. He said he feels his property value
would decrease with construction of any type of business along this road and in view from his
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home. Mr. Johnson was also concerned with loud noises that would disturb his horses that he
breeds.
In conclusion, Mr. Johnson thanked the Board for their approval of moving forward with the
Agri -Business Civic Center.
Angela Jacobs, 3993 Old Courthouse Rd., Sophia, said they were informed about the I-74
construction but they chose to still purchase their property. They were left on the shorter end of
road once the interstate came through. The speed limit is 40 mph but is concerned the speed is
still too fast for the distance and additional traffic on the already decaying road. She said
residents of the area are aware of the dangerous intersection but people that are not familiar add a
risk to the homeowners on the street who are trying to leave or return home. She said Mr.
Johnson often rides his horses down the road to visit. Drivers from outside of the area may cause
a safety risk. She added that their water quality changed after the blasting for the interstate and
that she was concerned that this business could affect it even more. Another concern for her was
that the number of cars waiting for payment may continue to increase and the property may
become a storage lot as well.
Edward Holland, 48-acre landowner on Old Courthouse Rd., stated that his parents live on
the road and he had planned to move back there one day. He said he had already been through
an oil spill with Mid -State Paper Box Company that is adjacent to his current residence and had
seen other businesses start out as a particular kind of business to eventually turn into something
else that was never intended. He asked, "If it was your cul-de-sac or your street, what would you
do?" He said, "The residents do not want a business on the street."
Merlyne Johnson, 3929 Old Courthouse Rd., Sophia, said she has lived on the road for 55
years and spoke in opposition. She gave the example of a business located at the intersection
that was to be a produce market that never came to fruition; instead it became a tire store. Ms.
Johnson also feels their road is not as wide as a state maintained road is supposed to be. She
requested that the Board deny the request of Mr. Moran so that the area remains residential -
agriculture.
Vice Chairman Frye questioned if the placement of the building was in front of the wetlands
and Mr. Dale confirmed it was and stated that the wetland is a low area that had been a pond in
the past.
On motion of Haywood, seconded by Frye, the Board voted unanimously to deny the request
of Eddie Moran, as determined it is inconsistent with the standards and policies contained within
the Growth Management Plan and outlined in the recommendations provided by the County
Planning Board; and having further found from information and testimony provided at public
hearing, that the proposed rezoning is unreasonable and not in the public interest.
Policy 1.3 The benefits of economic development should be balanced against the possible
detrimental effects such development may have on the quality of life enjoyed by area residents.
Policy 4.4 Commercial uses should be encouraged to develop by consolidation and deepening
of existing commercially zoned property, only when such consolidation and deepening can be
developed in a way that lessens the effect of incompatibility with adjoining residential land uses.
12/5/16
ACE AVANT REAL PROPERTY COMPANY, LLC, Archdale, North Carolina, is
requesting that 37.11 acres located on Racine Road, Providence Township, be rezoned from
CVOE-CD to CVOE-CD and CVOM-CD. Tax ID#s 7777767305 and 7777865194. Secondary
Growth Area. Polecat Creek Watershed. The proposed Conditional Zoning Districts would
specifically allow a 22-lot residential subdivision as per site plan. Proposed lots 1-17 (entrance
at the end of Surrie Trail) for manufactured housing and proposed lots 18-22 (fronting along
Racine Road) for site -built homes with a minimum house size of 1,500 sq. ft. A creek divides
the property. The Planning Board reviewed this request at public meeting on November 15,
2016, and unanimously recommended that this request be denied as not consistent with the 2009
Growth Management Plan. The Planning Board found the following policies within the 2009
Growth Management Plan that support determination of consistency with the adopted plan with
this recommendation are:
Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible
residential development to ensure the continued existence as a major housing source and as a
reflection of the long-term quality of life in Randolph County.
Policy 6.13 Conventional residential subdivisions are anticipated of similar housing
characteristics to the community.
Chairman Allen asked if DOT had an available traffic count for Surrie Trail. Mr. Dale said a
road that far off a main road may not be a part of traffic count.
Michael Somero, VP of Ace Advant, 3527 Thayer Rd., Trinity, stated that from the year
1950-2000, the median household cost in America relative as a ratio to median household
income ranged from 1.7 to 2.3. Since 2000, the ratio has increased to 3.0 and Randolph County
is 2.9 which make the average house value $119,400 and household income $41,782. He said
saying 1,700 square foot homes should be the minimum pushes the price of homes up over
$200,000 and eliminates many families from the possibility of home ownership.
Mr. Somero stated that the Restricted Covenants Planning and Zoning included in the agenda
packets were the old ones and were updated after the neighborhood meeting. He presented a
copy of the new ones at the Planning and Zoning meeting and provided the same to the
Commissioners (attached at the end of these minutes). He said the packet also stated 22 lots but
there are actually 21 new lots; one lot already exists with a single wide mobile home. Mr.
Somero said the agenda packet also showed daily traffic count at 1,500 on Racine and 1,600 on
Berry Lane, which feeds into Racine. He found the most recent information on the DOT website
shows the most recent count at 2,100 for Racine and Berry Lane at 1,200. Mr. Somero said he
was told early on that his request was not consistent with what was already in the neighborhood.
He shared a current development map and a theoretical after development map (attached) with
the Commissioners for rationale as to why Ace Avant has proceeded with the request. In 2006,
the property was rezoned for 1,700 square foot site -built homes based on 122 acres. In 2009,
Ace bought the remaining 37-acre property thinking when the economy recovered the 1,700
square foot home would still be reasonable with the market. In 2013, they started looking at the
property again. Since 2009, a large power transmission line has gone through the property and
he has heard rumors that the corridors for the power line to feed the proposed mega -site would
come along side of this existing line.
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He said in 2008, the Planning Board noted that the average homes within one mile of that area
were 1,863 square feet and the current packet shows that down to 1,712 square feet. Mr.
Somero said he found it interesting that it had dropped that much in eight years. The focus has
been on the site -built homes and there is no mention of the 229 mobile homes within that same
one -mile area. He stated he didn't understand why the Planning Board recommended denial
because it is compatible with the residential development and has similar housing characteristics.
He said he hoped the Board could see what he sees and why he is making the request for
approval because he feels it matches the existing area. Before he began the request process, he
talked with real estate agents about the market, to DOT for assurance there were no issues, and
with neighbors who were accepting of the rear entrance being extended into the back lots. They
increased the rear buffer to 35 feet to increase privacy and added eight foot tall privacy fencing.
Commissioner McDowell asked about the site location of a home on lots 10, 11 and 20. Mr.
Somero said it would be in front of the powerline.
Chairman Allen asked what the changes were in the Restricted Covenants. Mr. Somero
explained that the lot count changed, the rear set -back increased to 35 feet and the home size was
initially 1,400 square feet for the site -built homes.
Gene Hyatt, 7561 Racine Road, Pleasant Garden, said he owns a 105-acre farm located in
front of the proposed rezoning. He said he has no problem with the site -built homes but does
with the mobile homes being proposed behind them and worried that this would devalue his
home. He was also concerned with an increase in traffic.
Toni Thornburg, 7649 Racine Road, Pleasant Garden, purchased their property that was an
old home place and tore the old house down to build a log cabin. She said they previously lived
in Canterbury Woods subdivision for 26 years. She said it has mobile homes that are often rental
properties attracting criminal activity. She was accepting of the site -built homes but not the
mobile homes behind them on Surrie Trail.
Wayne Craver, 7438 Racine Road, Pleasant Garden, spoke in opposition. He is located
approximately two lots over from the request and is concerned that additional homes would
affect water flow and quality of water for him and his neighbors. He said his water flow is not
good now. He has received a letter from Duke Power that there is a possibility of additional
powerlines through the area.
Misty Hinshaw, 7454 Racine Road, Pleasant Garden, said her property is beside of the
requested zoning. The increase in traffic does concern her since there have been four accidents
that have happened in front of her house in the last ten years. She indicated the water table is not
good now and is concerned additional homes would make it worse. Ms. Hinshaw said she would
only see mobile homes out the window of her home if the request is allowed.
Chris Andreoli, 5626 Dashwood Dr., Pleasant Garden, suggested only one road on Racine
Road into the lots instead of four driveways due to the amount of traffic on the road. Mr.
Andreoli said he was concerned about the school crowding with additional families, about
property values, and also voiced the same concern about the mobile homes becoming rental
properties.
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Mark Fox, 3365 New Salem Rd., Climax, said he was adamantly opposed to this request as it
borders his property from Racine Rd. to the back property line. His property was purchased
under the zoning requiring 1,700 square foot homes and feels any change in the initial
regulations will be detrimental to his property value.
Commissioner McDowell asked County School Board Superintendent Dr. Stephen Gainey,
who was present, how this could affect schools in this district. Dr. Gainey replied that the Level
Cross Elementary School was crowded but some space is available at North East Randolph
Middle School and Providence Grove High School.
On motion of Frye, seconded by Haywood, the Board voted unanimously to deny the request
of Ace Avant Real Property Company, LLC, as determined inconsistent with the standards and
policies contained within the Growth Management Plan and as outlined in the recommendations
provided by the County Planning Board; and having further found from information and
testimony provided at public hearing, that the proposed rezoning is unreasonable and not in the
public interest.
Approval of Temporary Location of Cooperative Extension and Related Budget
Amendment
County Manager Hal Johnson stated with the sale of the Walker Avenue building, it will be
necessary to move Cooperative Extension to temporary accommodations pending Cooperative
Extension's expected relocation to any future Agri -Business Center.
The County Facilities Committee has reviewed available options and recommends that
Cooperative Extension be moved to Hillside Shopping Center, 1013 S. Fayetteville St.,
Asheboro, N.C. The 10,000 sq. ft. (more than they currently have) of space includes 6,000 sq.
ft. area formally leased by Randolph Community College for its Cosmetology School and would
include an additional 4,000 sq. ft. of space located adjoining what was used by RCC. The
Committee also recommended entering into a lease agreement with Scott Soule (present at this
meeting), Resident Manager/Senior Owner, Hillside Shopping Center, for up to four years, with
an option to renew monthly, until the Agri -Business Civic Center is completed. Mr. Soule has
advised that rent would be no more than $8 per square foot. County staff members are currently
working with Mr. Soule to determine cost of final renovations that would be prorated to the
County during term of rent/lease.
Mr. Johnson said if approved by Commissioners, a necessary budget adjustment enabling the
relocation and renovation would be necessary. Finance Officer Will Massie said $60,000 covers
half of the year.
Mr. Johnson said Extension staff is excited about the move to this temporary location and has
reviewed the proposed temporary location and draft floor plans.
Vice Chairman Frye asked about the timeline for the move. County Manager Johnson replied
that the expected move may take place toward the end of January.
12/5/16
Commissioner Kidd inquired about the renovation time for the leased property. Mr. Soule
replied he is estimating no more than six weeks.
On motion of McDowell, seconded by Frye, the Board voted unanimously to lease 10, 000 sq.
ft. of temporary space located at Hillside Shopping Center, 1013 S. Fayetteville St., Asheboro,
for Cooperative Extension and approve associated Budget Amendment #14, as follows:
2016-2017 Budget Ordinance
General Fund —Budget Amendment #14
Revenues
Increase
Decrease
Appropriated Fund Balance
$60, 000
Appropriations
Increase
Decrease
Cooperative Extension
$60, 000
Award Contract for 9-1-1 Telephone Svstem for the new Emergencv Services HO
Emergency Services Director Donovan Davis stated the new Emergency Services
Headquarters facility is scheduled to be completed by March 2017. In order to meet new
technological advancements and Next Generation standards, they have selected the Airbus Geo-
Diverse Vesta E9-1-1 telephone system. This upgrade will allow pictures and videos in addition
to the text capability they currently have. They currently use the Airbus Patriot system, but the
system is over five years old and no longer manufactured. This will bring Emergency Services
into compliance to fulfill the requirements for a redundant back-up PSAP under NCGS 62A-
46(e)(4a) before the deadline of July 2017.
Wireless Communications, Inc., out of Charlotte, NC, is an authorized Airbus Vesta dealer.
They have provided a quote for a total price of $864,754 that will be divided into a 59-month
lease. This will include installation of twelve 9-1-1 console positions in the new headquarters
and nine in the back-up center as well as hardware, software, maintenance, and future upgrades.
Funds for this lease are available by allocation through the Emergency Telephone Fund.
Finance Officer Will Massie explained the contract is a 59-month contract because State law
requires the Local Government Commission to approve any contract that is over $500,000 and at
least 60 months or more. Rather than treating this as a financing lease, which would delay the
process, it was set up as a 59-month lease.
On motion of Frye, seconded by Kidd, the Board voted unanimously to authorize the 59-
month lease of the Air Bus Vesta 9-1-1 telephone console system from Wireless Communications,
Inc., for the new Emergency Services Headquarters, in the amount of $864, 754 and authorize the
County Manager to sign the contract.
Award Contract for a Radio Console Svstem for the new Emergencv Services HO
Emergency Services Director Donovan Davis said with the completion of the Emergency
Services Headquarters facility, console equipment also needed to be installed. They currently
use the Motorola MCC5500 radio console system in the 9-1-1 center and that equipment in the
center on N. Fayetteville Street will remain in-service as a back-up radio console dispatch system
and the same type of equipment will be added in the new facility. This will bring the County
into compliance to fulfill the requirements for a redundant back-up PSAP under NCGS 62A-
46(e)(4a) before the deadline of July 2017.
12/5/16
Amerizon Wireless, Inc., out of Fayetteville, NC, is the County's authorized Motorola dealer.
They have provided a quote of $1,064,853 to install 12 MCC5500 radio console positions,
hardware and software in the new facility and it includes state contract pricing. Funds for this
purchase are available by allocation through the Emergency Telephone Fund and the ES
Headquarters Fund. The contract for this lease is also a 59-month lease for the same reason.
On motion of McDowell, seconded by Haywood, the Board voted unanimously to authorize
the 59-month lease of the Motorola MCC5500 radio console system from Amerizon Wireless,
Inc., for the new Emergency Services Headquarters facility, in the amount of $1, 064, 853 and
authorize the County Manager to sign the contract.
Approval of the New Purchasing Policy
Purchasing Officer Lisa Garner presented the request to adopt the new County Purchasing
Policy. She said a considerable portion of the expenditures of every government is for purchases
of goods and services. A local government's power to make purchases and enter into contracts,
like other powers, is derived from the Legislature and is subject to such limitations and
restrictions as it may impose. The provisions within this policy shall be in compliance with the
North Carolina General Statutes 143-129 regarding purchasing. The approval of this policy
supersedes and repeals the Purchasing Policy amended in December 2005. This Purchasing
Policy establishes rules and regulations to govern all purchases and contracts by Randolph
County.
Ms. Garner said the intent of the new Purchasing Policy is to streamline routine purchases,
improve efficiency, update to modern purchasing practices, as well as to update the Policy to
correspond with North Carolina General Statutes that have been passed or modified since the last
update to our Policy in December 2005.
The following is a summary of the proposed updates:
1. Additions to the duties of the Purchasing Officer
• Prepare and maintain the County's Purchase Order Terms and Conditions
• Oversee County's website relating to bidding opportunities for vendors
• Supervise the County's procedure for the recording and maintaining of controlled
asset records
• Manage a file of all contracts and be responsible for the preparation of a contract
ledger and the encumbrance of contracts through a purchase order into the
accounting system
• Ensure the County does not contract with a vendor where there is an outstanding
debt or obligation due to the County such as property taxes, property tax levies or
service fees
2. Authorization Levels
Purchase of apparatus, supplies, materials, or equipment:
12/5/16
Current
$9,999 or less — Purchasing Officer
$10,000 to $29,999 — County Manager
$30,000 and above — Board of Commissioners
Construction and Construction Repair:
Proposed
$15,000 or less - Purchasing Officer
$15,001 to $75,000 - County Manager
$75,001 and above - Board of Commissioners
Current Proposed
$15,000 or less - Director of Public Buildings
Less than $499,999 — County Manager $15,001 to $75,000 - County Manager
$500,000 and above — Board of Commissioners $75,001 and above - Board of Commissioners
3. Qualification Based Selection (Mini -Brooks Act)
GS 143-64.32
Revise amount from $30,000 to $50,000 to match the revision made to the statute, and
include the addition to the statue allowing the County to exempt itself in writing from the
QBS process where the estimated fee is less than $50,000 per contract.
4. Change Orders (Purchases and Contracts)
Combined Change Orders to include purchase orders and contracts for more stringent
control.
The use of change orders must be limited to circumstances that were unforeseen when the
contract was awarded. Changes must go through the Purchasing Officer and follow
purchasing procedures. For contracts previously approved by the Board of County
Commissioners, the Board must approve any change order that exceeds a cumulative
total of five percent (5%) of the original price or exceeds the Manager's authorization
limit.
Finance Officer Will Massie spoke about the Change Order process. The current policy has
no provisions for working with change orders. He said sometimes it is too long before the next
meeting for Commissioners to approve a change order when a project is in process and
something comes up that has an expense. Therefore, guidelines are needed for these instances so
that a project is not being held up. Mr. Massie asked that the Board consider whether they would
approve everything that exceeds the County Manager's authorization limit of $75,000 or allow
the County Manager to approve up to five percent of the original contract price and then the
Board would approve any change order that exceeds a cumulative total of five percent of the
original price.
5. Competitive Bidding Exceptions
The below Competitive Bidding Exemption statutes have been added:
GS 143-129(e)(6) Sole Source
GS 143-135 Force Account Work
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GS 143-129(g) Piggybacking
GS 143-129(e)(3) Group Purchasing Programs
6. Added the below wording to Service and Lease Contracts (Excludes Construction
Services) to meet statute:
All contracts must be pre -audited by the Finance Officer prior to execution. If a contract
has an option to buy clause, it is handled in the same manner as an outright purchase and
is still subject to competitive bidding requirements even if there is no intention of using
the option to purchase (GS 160A-19).
7. Added the below statutes:
GS 87-1(a) Licensure Requirements
Requires a licensed general contractor to oversee a project if it costs over $30,000.
General contractor oversight is not required if the local government is acting as its own
general contractor by using its own forces.
GS 153A-457 New Construction Notice
Requires counties to notify property owners and adjacent property owners of construction
projects at an open Commissioners meeting at least 15 days before project starts except in
the case of an emergency.
8. E-Verify Compliance
GS 143-133.3 applies to all local government contracts and purchase orders. The
contract is deemed compliant if it contains the E-Verify clause requiring contractor and
subcontractors to comply with the requirements of Article 2 of Chapter 64 of the North
Carolina General Statutes.
Exempt: Travel expenses, purchases from other governments, state or
GSA contracts, and piggyback contracts
To comply with the above Act, a clause will be added to PO Terms & Conditions located
at http://www.co.randolph.nc.us/purchasing/TermsConditions.htm and referenced on all
purchase orders and contracts.
9. Iran Divestment Compliance
GS 147-86.58 et al effective February 26, 2016, the North Carolina General Assembly
enacted the Iran Divestment Act (S.L. 2015-118:SB455) which prohibits state agencies
and local governments from entering into contracts with an entity that has been identified
by the North Carolina State Treasurer as being engaged in certain investment activities in
the Iranian energy sector. The State Treasurer's Office is required to publish a list of
entities it has identified as engaging in these activities (Final Divestment List). In
12/5/16
addition, all entities contracting with the state and local governments are prohibited from
subcontracting with any entity included on the Final Divestment List.
Exemptions:
Purchases, services and contracts valued at $1,000 or less including taxes.
To comply with the above Act, a clause will be added to PO Terms & Conditions located
at http://www.co.randolph.nc.us/purchasing/TermsConditions.htm and referenced on all
purchase orders and contracts.
Ms. Garner requested that the Board adopt the new Randolph County Purchasing Policy to
become effective on January 1, 2017.
Mr. Massie said they have been working on this for some time but legislative changes kept
delaying an adoption. Mr. Massie recommended deleting the statement "exceeds the Manager's
authorization limit" and amending the policy to state that the Board must approve any change
order that exceeds a cumulative total of five percent (5%) of the original price.
On motion of McDowell, seconded by Frye, the Board voted unanimously to repeal the old
policy and adopt the new Randolph County Purchasing Policy with the revision that change
orders that exceed a cumulative total of five percent be presented to the Board for approval and
to become effective on January 1, 2017. (New Policy attached)
Special Joint Meeting with the Asheboro City School Board of Education
On motion of McDowell, seconded by Allen, the Board voted unanimously to set a joint public
meeting with the Asheboro City School Board of Education for February 9, 2017, at 6: 00 p. m. in
the Professional Development Center of Asheboro City Schools.
Annual Planning Retreat
On motion of Frye, seconded by Kidd, the Board voted unanimously to set Special Meeting
for a Planning Retreat for March 22, 2017, at 12: 30 p. m. at the Randolph County Senior Adults
Center.
Election of Voting Delegate for the 2017 NCACC Legislative Goals Conference
On motion of McDowell, seconded by Kidd, the Board voted unanimously to elect
Commissioner Frye as the voting delegate for the NCACC Legislative Goals Conference in
January.
Adjournment
At 10:03 p.m., on motion of Haywood, seconded by McDowell, the Board voted
unanimously to adjourn.
David Allen, Chairman Darrell L. Frye
12/5/16
Stan Haywood
Maxton McDowell
Attached:
Kenny Kidd
Amanda Varner, Clerk to the Board
1) Ace Avant development maps and the updated Declaration of Restricted Covenants
2) Adopted County Purchasing Policy
12/5/16
Before Development
After Development
117-133
68-84
12/5/16
Prepared by:
NORTH CAROLINA
RANDOLPH COUNTY
DECLARATION OF RESTRICTIVE COVENANTS
for Yorke Woods Subdivision, Pleasant Garden, North Carolina
Ace Avant Real Property LLC, having a mailing address of 109 Seminole Dr,
Archdale, NC 27263 (hereinafter referred to as "Developer") is the owner of a certain tract of
property in Providence Township, Randolph County, North Carolina, described in the deed
recorded in Book XXXX, Page XXX, which has been platted by Mack Summey, in preliminary
plat #E-3180, dated October 4, 2016, and divided into 5 lots (lots 18 through 22) under the name
"Yorke Woods" Subdivision, as recorded in Plat Book XX, Page XX, Randolph County
Registry.
WHEREAS Developer desires and proposes to convey, transfer and sell the property
within the described subdivision subject to restrictions, covenants, conditions and easements in
order to insure the best use and most appropriate development of each residential building lot; to
preserve, as far as is practicable, the natural beauty of the property, and prohibit nuisances
tending to detract from the attractiveness of the property for residential purposes; to prevent
haphazard and inharmonious improvements, guard against the erection of poorly designed or
proportioned structures, and preclude the use of improper or unsuitable construction materials;
and in general, to set and maintain a style and quality of community development which will
protect and enhance the value of improvements and investments made by purchasers of
residential lots;
DEVELOPER THEREFORE subjects and imposes upon the property described in
Deed Book XXX, Page XX, the following declarations, limitations, easements, restrictions and
permitted uses which constitute a uniform plan or scheme of development, appurtenant to and
running with each individual lot in the subdivision, and which shall be binding on all persons,
parties, corporations or firms claiming ownership of any lot.
1. LAND USE AND BUILDING TYPE: No apartment houses or duplex apartments
shall be erected or licensed to exist on the property. No single or double -wide mobile homes
(whether or not on permanenet foundation), house trailers, modular, "pre-fab" or shell homes, or
any manufactured dwelling having a certificate of origin or title shall be permitted. No structure
of a temporary character, such as travel trailers, motor homes, or tents, and no unfinished
basements, garages, barns or other outbuildings may be used as a residence at any time. The
only structures which shall be erected or allowed to remain on any lot are as follows:
A. One detached single family dwelling, not exceeding two stories in height, including a
finished or unfinished attic; and
B. A private garage, attached or detached, built of materials comparable to those used in
the dwelling, for not less than one nor more than three (3) automobiles; and
C. Outbuildings, accessory or utility buildings built on site of new materials.
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2. DWELLING SIZE. Each dwelling house shall contain a minimum of 1500 square
feet of heated living area. Unfinished basements, garages, open carports, breezeways, porches
and "Florida" rooms shall not be counted as "heated living areas." Each dwelling house shall
have a minimum roof pitch of 7/12. The street front or longest building elevation shall have
either (a) a shed roof or porch extending the length of the fagade, or (b) at least one break in the
plane of the fagade.
3. BUILDING PLACEMENT. No building shall extend closer to any street or lot
boundary line than set forth below, unless a contrary distance is indicated on the recorded plat, in
which case the recorded plat shall control. Deviations of no more than ten (10) percent from
these setback restrictions shall not be construed to violate these covenants, provided, however,
that such deviation does not constitute an encroachment of any part of a structure upon an
adjoining lot nor violate county setback requirements.
A. Siting. Every dwelling shall face toward the front of any lot, unless approved in
writing by developer.
B. Front Setback. All residences shall be constructed at least thirty five (35) feet from
the front or street -side property lines. All detached garages, utility and outbuildings must be
erected at least fifty (50) feet from the front property line and at least ten (10) feet from the side
property line and at least thirty five (35) feet from the rear property line
C. Side Yard. Every lot shall have two side yards, the combined width of which shall
not be less than twenty five (25) feet, and neither of which shall be less than ten (10) feet in
width.
D. Rear Yard. Each lot shall have a rear yard of a depth of not less than thirty-five (35)
feet. Outbuildings and accessory buildings shall be located a minimum of ten (10) feet from the
side property line and at least thirty five (35) feet from the rear property line.
4. ARCHITECTURAL CONTROL. No building, fence, wall or other structure shall be
commenced, erected or maintained on any lot, nor shall any exterior alteration or addition be
made to an existing structure, until plans and specifications showing the location, nature, kind,
shape, height, and materials of the same shall have been submitted to and approved in writing by
Developer as to harmony of external design and location in relation to surrounding structures and
topography. If such plans and specifications are complete and comply with these restrictions,
Developer, his authorized agent, personal representative or attorney -in -fact shall approve,
modify or disapprove in writing within thirty (30) days after submission. This covenant shall
expire five (5) years after the last lot is sold by Developer.
4. CONSTRUCTION. All dwellings shall be constructed of permanent exterior
materials. No concrete block shall be used above finished ground elevation of either buildings or
walls unless covered, treated or filled in such a manner that they may no longer be distinguished
as concrete block. No used lumber, second-hand material or unsightly finishes shall be used in
any construction, nor placed or stored on any lot. Construction of improvements (including
landscaping) on any lot shall be completed within twelve (12) months from the day grading or
excavation of footings is commenced, except for reasons beyond the control of the builder.
5. DEMOLITION. No foundation or incomplete structure shall be allowed to stand
without completion. Any dwelling or outbuilding which may be destroyed in whole or in part by
fire, storm or natural disaster must be rebuilt or demolished and all debris removed and the lot
12/5/16
restored to a sightly condition with reasonable promptness, but in no event shall such debris
remain longer than six (6) months.
6. NUISANCES. No noxious, offensive or illegal activities shall be carried out or
allowed to exist on any lot, nor shall any activity be conducted in such manner as to become an
unreasonable annoyance or nuisance to the neighborhood. No lot shall be used in whole or in
part for the dumping of rubbish or the storage of any property or thing which causes the lot to
appear unclean, untidy or visually obnoxious, or which causes any noise which might disturb the
peace, quiet, comfort and serenity of the occupants of surrounding properties. No business or
other commercial activity shall be maintained, licensed, or allowed to exist on any tracts.
7. ANIMALS. No animals other than household pets shall be permitted on the property.
Dogs such as Pit Bulls, Dobermans, Rottweilers, Chows, German Shepherds or any other dog
which could be considered dangerous may not be allowed to run loose. Excessive or habitual
barking by any dog which disturbs neighboring lot owners constitutes a nuisance and shall not be
permitted.
8. VEHICLES. Each lot owner shall provide ample off-street parking spaces for
automobiles prior to the occupancy of any dwelling. No vehicle or trailer shall be parked
habitually and regularly on any street. No commercial tractor trucks nor any trailers used with
such vehicles may be parked or maintained on any lot except for vehicles and equipment
temporarily in use during construction and development. All vehicles must be licensed and in
good operating order. No stripped, wrecked or junked motor vehicles shall be permitted to be
parked or kept on any lot or street.
9. LANDSCAPING. Lots which are cleared for construction must undergo precautions
to control erosion. Lawns must be seeded and properly maintained. Fences are permitted on any
lot which contribute to the aesthetic appearance, character and environment of the area, or which
are used to contain household pets. No fence may be located closer to the road than the rear wall
of the dwelling house, nor within three (3) feet of the rear and side property lines. No billboards
or signs shall be erected or allowed to remain on any lot for more than one month except signs
advertising the sale of any dwelling. No trees larger than 8" diameter may be cut without
developer approval.
10. EASEMENTS. For purposes incident to its development of the property subject to
these restrictions, Developer reserves for itself, its successors and assigns, the following
easements and rights of way:
A. Such easements and rights of way over each lot (not exceeding fifteen (15) feet in
width) which may be deemed necessary for the use and maintenance of storm drains, the
installation of electric power and any other utility service in the subdivision, provided, however,
that such easements shall not interfere with the proper location and use of dwellings built on the
premises.
B. The right to trim, cut and remove any trees and brush wherever necessary for the
installation, operation and maintenance of utility services and for the convenience of the property
owners in the subdivision.
C. The right to enter upon any lot for the purpose of altering the flow of surface water in,
on or across such lot, in order to correct surface water drainage problems existing on that or any
12/5/16
other lot subject to these restrictions. Any alterations made to any lot pursuant to this reservation
shall be made at Developer's sole cost and expense and shall not unreasonably interfere with the
owner's use and enjoyment of the property. In exercising these reserved rights Developer agrees
to promptly remove from the property all debris, materials, excess soil and rock, to fill all
excavations, replace all topsoil and resow grass on all disturbed earth.
D. The right to create and impose additional easements or rights of way over any unsold
lot or lots for street, drainage and utility installation purposes by the recording of appropriate
instruments.
11. MODIFICATION AND AMENDMENT. No lot shall be re -subdivided, or its
boundary lines changed except with Developer's written consent. The Developer expressly
reserves the right to replat any two (2) or more lots prior to sale in order to create a modified
building lot or lots. The Developer also reserves the right to convert any unsold lots in the
subdivision, or any portions of unsold lots, to a right-of-way or street for the purpose of
providing access and/or utility service to adjoining property. Any unintentional or minor
violation of these restrictions may be removed, modified, or changed by securing the written
consent of Developer and the owner or owners of all contiguous lots, duly executed,
acknowledged and recorded in the Office of the Register of Deeds of Randolph County.
12. GRANTEE'S ACCEPTANCE. The grantee of any lot subject to this Declaration,
by executing a contract for the purchase thereof, or by accepting a deed conveying title thereto,
whether directly from Developer, Owner, Grantee or from a subsequent owner, shall shall accept
such contract or deed subject to each and every covenant and restriction contained herein. By
such acceptance, each grantee covenants, consents and agrees to keep, observe, comply with and
perform the acts and responsibilities imposed by this Declaration.
13. SEVERABILITY. Each of these covenants is independent of and severable from
every other restriction and combination of them. Invalidation of any covenant, restriction or
condition by judgment or court order shall be without effect on the validity or enforceability of
the remainder.
14. TERM. These covenants are to run with the land and be perpetually binding on all
parties and persons claiming ownership under them, except that the duties and responsibilities
imposed upon the Developer shall expire five (5) years after sale of the last lot owned by him.
15. ENFORCEMENT. Enforcement of these restrictions against any person to persons
violating or attempting to violate them shall be by civil action either to restrain violation or to
recover damages. Any lot owner shall have the right to enforce these restrictions.
16. MISCELLANEOUS. Developer may, from time to time, subject additional real
property to the conditions, restrictions, covenants, reservations, easements and provisions set
forth above, by appropriate references to this instrument.
IN WITNESS WHEREOF, Developer has executed this instruments under its hand and
seal on this the day of October, 2016.
12/5/16
Michael J Somero
North Carolina
Randolph County
The undersigned notary public of the county and state aforesaid hereby certifys that Michael J Somero
personally appeared this day and acknowledged the due execution of the foregoing document.
Witness my hand and notarial seal this the day of October, 2016.
(Notary Seal)
Notary Public
My commission expires:
12/5/16
Prepared by:
NORTH CAROLINA
RANDOLPH COUNTY
DECLARATION OF RESTRICTIVE COVENANTS
for Yorke Woods Subdivision, Pleasant Garden, North Carolina
Ace Avant Real Property LLC, having a mailing address of 109 Seminole Dr,
Archdale, NC 27263 (hereinafter referred to as "Developer") is the owner of a certain tract of
property in Providence Township, Randolph County, North Carolina, described in the deed
recorded in Book XXXX, Page XXX, which has been platted by Mack Summey, in preliminary
plat #E-3180, dated October 4, 2016, and divided into 17 lots (lots 1 through 17) under the name
"Yorke Woods" Subdivision, as recorded in Plat Book XX, Page XX, Randolph County
Registry.
WHEREAS Developer desires and proposes to convey, transfer and sell the property
within the described subdivision subject to restrictions, covenants, conditions and easements in
order to insure the best use and most appropriate development of each residential building lot; to
preserve, as far as is practicable, the natural beauty of the property, and prohibit nuisances
tending to detract from the attractiveness of the property for residential purposes; to prevent
haphazard and inharmonious improvements, guard against the erection of poorly designed or
proportioned structures, and preclude the use of improper or unsuitable construction materials;
and in general, to set and maintain a style and quality of community development which will
protect and enhance the value of improvements and investments made by purchasers of
residential lots;
DEVELOPER THEREFORE subjects and imposes upon the property described in
Deed Book XXX, Page XX, the following declarations, limitations, easements, restrictions and
permitted uses which constitute a uniform plan or scheme of development, appurtenant to and
running with each individual lot in the subdivision, and which shall be binding on all persons,
parties, corporations or firms claiming ownership of any lot.
1. LAND USE AND BUILDING TYPE: No apartment houses or duplex apartments
shall be erected or licensed to exist on the property. No structure of a temporary character, such
as travel trailers, motor homes, or tents, and no unfinished basements, garages, barns or other
outbuildings may be used as a residence at any time. The only structures which shall be erected
or allowed to remain on any lot are as follows:
A. One detached single family dwelling, whether site -built, modular, or mobile home;
and
B. A private garage, attached or detached, built of materials comparable to those used in
the dwelling, for not less than one automobile; and
C. Outbuildings, accessory or utility buildings.
12/5/16
2. DWELLING SIZE. Each dwelling house shall contain a minimum of 850 square
feet of heated living area. Unfinished basements, garages, open carports, breezeways, porches
and "Florida" rooms shall not be counted as "heated living areas."
3. BUILDING PLACEMENT. No building shall extend closer to any street or lot
boundary line than set forth below, unless a contrary distance is indicated on the recorded plat, in
which case the recorded plat shall control.
A. Siting. Every dwelling shall face toward the front of any lot, unless approved in
writing by developer.
B. Front Setback. All residences shall be constructed at least thirty five (35) feet from
the front or street -side property lines. All detached garages must be erected no further forward
than the front of the dwelling sited on the lot and at least ten (10) feet from the side property line
and at least thirty five (35) feet from the rear property line.
C. Side Yard. Every lot shall have two side yards, the combined width of which shall
not be less than twenty (20) feet, and neither of which shall be less than ten (10) feet in width.
D. Rear Yard. All outbuildings and fencing shall be located to the rear of each
dwelling, with all such accessory buildings located a minimum of ten (10) feet from any side
property line and thirty five (35) feet from the rear property line.
4. CONSTRUCTION. All mobile homes shall be underpinned as required by Randolph
County and no axles or wheels shall be left showing. No concrete block shall be used above
finished ground elevation of either buildings or walls unless covered, treated or filled in such a
manner that they may no longer be distinguished as concrete block. No used lumber, second-
hand material or unsightly finishes shall be used in any construction, nor placed or stored on any
lot. No mobile home more than five (5) years old shall be placed on any lot without the written
permission of the Developer. Construction of improvements (including landscaping) on any lot
shall be completed within twelve (12) months from the day grading or excavation of footings is
commenced, except for reasons beyond the control of the builder.
5. DEMOLITION. No foundation or incomplete structure shall be allowed to stand
without completion. Any dwelling or outbuilding which may be destroyed in whole or in part by
fire, storm or natural disaster must be rebuilt or demolished and all debris removed and the lot
restored to a sightly condition with reasonable promptness, but in no event shall such debris
remain longer than six (6) months.
6. NUISANCES. No noxious, offensive or illegal activities shall be carried out or
allowed to exist on any lot, nor shall any activity be conducted in such manner as to become an
unreasonable annoyance or nuisance to the neighborhood. No lot shall be used in whole or in
part for the dumping of rubbish or the storage of any property or thing which causes the lot to
appear unclean, untidy or visually obnoxious, or which causes any noise which might disturb the
peace, quiet, comfort and serenity of the occupants of surrounding properties. No business or
other commercial activity shall be maintained, licensed, or allowed to exist on any tracts.
7. ANIMALS. No animals other than household pets shall be permitted on the property.
Dogs such as Pit Bulls, Dobermans, Rottweilers, Chows, German Shepherds or any other dog
which could be considered dangerous may not be allowed to run loose. Excessive or habitual
12/5/16
barking by any dog which disturbs neighboring lot owners constitutes a nuisance and shall not be
permitted.
8. VEHICLES. Each lot owner shall provide ample off-street parking spaces for
automobiles prior to the occupancy of any dwelling. No vehicle or trailer shall be parked
habitually and regularly on any street. No commercial tractor trucks with trailers may be parked
or maintained on any lot except for vehicles and equipment temporarily in use during
construction and development. All vehicles must be licensed and in good operating order. No
stripped, wrecked or junked motor vehicles shall be permitted to be parked or kept on any lot or
street.
9. LANDSCAPING. Lots which are cleared for construction must undergo precautions
to control erosion. Lawns must be seeded and properly maintained. Fences are permitted on any
lot which contribute to the aesthetic appearance, character and environment of the area, or which
are used to contain household pets. No fence may be located closer to the road than the rear wall
of the dwelling house, nor within three (3) feet of the rear and side property lines. No billboards
or signs shall be erected or allowed to remain on any lot for more than one month except signs
advertising the sale of any dwelling. No trees larger than 8" diameter may be cut without
developer approval.
10. EASEMENTS. For purposes incident to its development of the property subject to
these restrictions, Developer reserves for itself, its successors and assigns, the following
easements and rights of way:
A. Such easements and rights of way over each lot (not exceeding fifteen (15) feet in
width) which may be deemed necessary for the use and maintenance of storm drains, the
installation of electric power and any other utility service in the subdivision, provided, however,
that such easements shall not interfere with the proper location and use of dwellings built on the
premises.
B. The right to trim, cut and remove any trees and brush wherever necessary for the
installation, operation and maintenance of utility services and for the convenience of the property
owners in the subdivision.
C. The right to enter upon any lot for the purpose of altering the flow of surface water in,
on or across such lot, in order to correct surface water drainage problems existing on that or any
other lot subject to these restrictions. Any alterations made to any lot pursuant to this reservation
shall be made at Developer's sole cost and expense and shall not unreasonably interfere with the
owner's use and enjoyment of the property. In exercising these reserved rights Developer agrees
to promptly remove from the property all debris, materials, excess soil and rock, to fill all
excavations, replace all topsoil and resow grass on all disturbed earth.
D. The right to create and impose additional easements or rights of way over any unsold
lot or lots for street, drainage and utility installation purposes by the recording of appropriate
instruments.
11. MODIFICATION AND AMENDMENT. No lot shall be re -subdivided, or its
boundary lines changed except with Developer's written consent. The Developer expressly
reserves the right to replat any two (2) or more lots prior to sale in order to create a modified
building lot or lots. The Developer also reserves the right to convert any unsold lots in the
subdivision, or any portions of unsold lots, to a right-of-way or street for the purpose of
12/5/16
providing access and/or utility service to adjoining property. Any unintentional or minor
violation of these restrictions may be removed, modified, or changed by securing the written
consent of Developer and the owner or owners of all contiguous lots, duly executed,
acknowledged and recorded in the Office of the Register of Deeds of Randolph County.
12. GRANTEE'S ACCEPTANCE. The grantee of any lot subject to this Declaration,
by executing a contract for the purchase thereof, or by accepting a deed conveying title thereto,
whether directly from Developer or from a subsequent owner, shall accept such contract or deed
subject to each and every covenant and restriction contained herein. By such acceptance, each
grantee covenants, consents and agrees to keep, observe, comply with and perform the acts and
responsibilities imposed by this Declaration.
13. SEVERABILITY. Each of these covenants is independent of and severable from
every other restriction and combination of them. Invalidation of any covenant, restriction or
condition by judgment or court order shall be without effect on the validity or enforceability of
the remainder.
14. TERM. These covenants are to run with the land and be perpetually binding on all
parties and persons claiming ownership under them, except that the duties and responsibilities
imposed upon the Developer shall expire five (5) years after sale of the last lot owned by him
unless specifically transferred to a Homeowner's Association.
15. ENFORCEMENT. Enforcement of these restrictions against any person to persons
violating or attempting to violate them shall be by civil action either to restrain violation or to
recover damages. Any lot owner shall have the right to enforce these restrictions.
16. MISCELLANEOUS. Developer may, from time to time, subject additional real
property to the conditions, restrictions, covenants, reservations, easements and provisions set
forth above, by appropriate references to this instrument.
IN WITNESS WHEREOF, Developer has executed this instruments under its hand and
seal on this the day of October, 2016.
Michael J Somero
North Carolina
Randolph County
The undersigned notary public of the county and state aforesaid hereby certifys that Michael J Somero
personally appeared this day and acknowledged the due execution of the foregoing document.
Witness my hand and notarial seal this the day of October, 2016.
(Notary Seal)
Notary Public
My commission expires:
12/5/16