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010317I January 3, 2017 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 Allen, Haywood, Kidd and McDowell were present. Commissioner Frye was absent. Chairmen Allen stated that this is only the second meeting Commissioner Frye has missed in 34 years. Dr. Bob Shackleford, RCC President, gave the invocation and everyone recited the pledge of allegiance. Special Recognition The reigning Miss Randolph County Laura Matrazzo and Miss Randolph County's Outstanding Teen Delaney McKaughn introduced themselves and each spoke about their platforms and some of the activities they've already been involved in since their crowning in October. Retirement Recognition Sgt. Beachel "Dean" Marion retired on August 1, 2016, with 15 years of service to the Sheriff's Department. Mr. Marion was recognized by Sheriff Robert Graves, after which, Chairman Allen presented Mr. Marion 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. Chairman Allen asked Planning Director Jay Dale to give an update on the Carolina Guns and Gear Shooting Range. Jay Dale, Planning Director, stated that at the last meeting there were concerned citizens with unanswered questions regarding the Carolina Guns and Gear Shooting Range located at 5068 US Hwy 64E, Franklinville, and the Board had asked for an update to be given at this meeting. Mr. Dale said he had spoken with Lee VanTine, President/CEO of Carolina Guns and Gear after the last meeting. Mr. VanTine had indicated that he would go through the zoning application process but wanted to speak with his attorneys first. On December 30t`, Mr. Dale received an email from Mr. VanTine stating that he believes they are a non-profit and exempt from Randolph County zoning. Mr. Dale said he has not received anything of validation and isn't sure this is the case. The Code Enforcement staff will be sending the violation citation on Wednesday to begin the process requesting them to cease activity as it is. He doesn't expect the business to stop and said this case would likely end up in court. Lynn Lancaster, 1814 Coxemoor Place, Asheboro, stated that "for almost three decades this board has waged war on both property rights and the second amendment and its practical application." He said the Board of Commissioners' actions had "not been merely unfriendly" to the second amendment but that "its actions had been actively hostile." Mr. Lancaster said the Board had accepted his qualifications as an expert witness regarding gun and shooting matters in the past and then he restated his qualifications. 1/3/17 N Mr. Lancaster said that when the County implemented county -wide zoning regulations, one of the "hot buttons" then was fire arm ranges. "The Board assured the public that not much would change and that no one would take away their rights." He claimed that in 1997, the Planning Board passed rules that fire arm ranges would need to obtain a special use permit, and in the Planning Board minutes "members of the public were assured fire arm ranges would only be required to pay $100 special use permit." Mr. Lancaster said that since 1990, neither the Planning Board nor Board of Commissioners has approved an initial rifle range but did approve one that was already in existence. He said people are going out and buying handguns, sticking targets in the ground and shooting. He stated that he doesn't feel that is very safe. He said he had looked at Planning Board minutes from 1990 to present regarding shooting ranges. In one case the applicant had wanted to build an indoor pistol range, but his application was denied because it wasn't in keeping with the character of the neighborhood. Mr. Lancaster said, "It doesn't get any safer" than an indoor range. Mr. Lancaster said if there is "any doubt on where the Planning Board stands on this, look no further than its 2013 ruling on the range near Camp Caraway that was overturned by a superior court judge because the Planning Board exceeded its authority." He said what should concern everyone is that in this 2013 case, "the Planning Board acted in a condescendingly arrogant way and in the process, severely impeded the ability of a citizen of this county to exercise his11 lvk� ALJh property rights and earn a living." He stated that there is currently "a fight brewing between the Planning Board and a local range." The issue to him "thus far has been one of style over substance; for profit versus not for profit; certain neighbors attempting to portray the area as a neighborhood instead of the commercially zoned area, as it certainly is occupying a former manufacturing" facility. He said safety has never been an issue at this particular facility. Lastly, Mr. Lancaster said that the Planning Board thinks that it and it alone decides what his property rights are and he said he has an issue with that. "Clearly the Planning Board members need to be reminded that they too are the hired help." Consent Agenda On motion of McDowell, seconded by Kidd, the Board voted unanimously to approve the Consent Agenda, as follows: • approve minutes of the 12/5/16 regular meeting; • unseal closed session minutes of 7/8/13, 8/5/13 and 10/3/16; • adopt the Resolution Recognizing the Responders Who Were Deployed to Assist During/After Hurricane Matthew and the Western County Fires, as follows: Resolution Recognizing the Responders Who Were Deployed to Assist During/After Hurricane Matthew and the Western County Fires 1/3/17 WHEREAS, on the morning of October 8, 2016, Hurricane Matthew made • landfall northeast of Charleston, SC, with the eye passing Wilmington, NC, around mid-afternoon causing major flooding in eastern NC for many weeks requiring the services of public safety, fire departments, rescue workers and emergency services from all across the state; and WHEREAS, on November 5, 2016, the Party Rock Fire, which eventually burned over 5,906 acres, began in the Lake Lure area of Rutherford County increasing in size and intensity requiring the services of numerous fire departments from across North Carolina and several other states, and; WHEREAS, emergencies of this size and nature command the services of many agencies working together; and WHEREAS, many Randolph County agencies were called upon to assist during and after these particular catastrophic emergencies. NOW, THEREFORE, BE IT RESOLVED that the Randolph County Board of Commissioners does hereby recognize and express gratitude to the heroic efforts of the firefighters, emergency personnel, rescue workers and law enforcement who responded with courage, selfless compassion, and determination for many long and weary hours and also urges all citizens to join in recognizing these outstanding men and women: Responders providing equipment and crews to assist in Hurricane Matthew recovery to Columbus, Robeson, Lenoir, Johnston, Bladen and • Brunswick Counties: Asheboro Fire Department, East Side Fire Department, Farmer Fire Department, Franklinville Fire Department, Guil-Rand Fire Department, Liberty Fire Department, Randleman - Sophia Fire Department, Tabernacle Fire Department, Ulah Fire Department, Westside Fire Department, Ash -Rand Rescue & EMS, Randolph County EMS, Randolph County Emergency Management, Randolph County Fire Marshal's Office, Randolph County Public Health, and Randolph County Sheriffs Office • Fire departments which responded providing equipment and crews to assist in Rutherford County: Asheboro, Climax, Farmer, Franklinville, Guil-Rand, Tabernacle and Ulah. • approve Budget Amendment #7 for the Randolph Community College Capital Project, as follows: 2016-2017 Budget Ordinance Randolph Community College Capital Project —Budget Amendment #7 Revenues Increase Decrease Transfer from General Fund $100,000 Appropriations Increase Decrease Construction $50,000 Professional Fees $ 25,000 Site Development $125,000 1/3/17 11 • approve Budget Amendment 415 for Pettv's Garage Buildinz Reuse Grant, as follows 2016-2017 Budget Ordinance General Fund—Budget Amendment #15 Revenues Increase Decrease Restricted Intergovernmental $170,000 Transfer from ED Reserve $8,500 Decrease Appropriations Increase Decrease Other Economic and Physical Development Appropriations $178,500 • annrove Budget Amendment #16 for Property Tax Audit/Consultant Fees, as follows: 2016-2017 Budget Ordinance General Fund—Budget Amendment #16 Revenues Increase Decrease Property Taxes $61,003 Sales and Services $61,662 Decrease Appropriations Increase Decrease Tax $122,665 19 • approve Budget Amendment 417 For Public Health (NC Medicaid Electronic Health Record Incentive Program). as follows: ter/ 2016-2017 Budget Ordinance General Fund—Budget Amendment #17 Revenues Increase Decrease Sales and Service $21,250 Appropriations Increase Decrease Public Health $21,250 • reappoint Wilbert Hancock, Ken Austin, Bernard Beck, and Bobby Allen to the Voluntary Agricultural District Advisory Board; • appoint Rodney Dietrich to the Juvenile Crime Prevention Council; • approve the addition of Nursing Assistant to the County's Classification Plan; • approve the Bylaws for the Randolph County Nursing Home Committee Advisory Committee, as follows: RANDOLPH COUNTY NURSING HOME COMMUNITY ADVISORY COMMITTEE BYLAWS ARTICLE L PURPOSES AND OBJECTIVES 1/3/17 19 5 A. North Carolina GS 131E-128 mandates that County Commissioners appoint persons to local ® Nursing Home Advisory Committees, to work to maintain the spirit of the Nursing Home Patients' Bill of Rights within the Nursing Homes of the State, and that they are to promote community involvement and cooperation with Nursing Homes and integration of these homes into a system of care for the elderly. B. This committee shall also promote increased community interaction with Nursing Homes and promote better community education and awareness of issues affecting institutionalized adults. In accordance with the above State Legislation, this committee shall assist persons with grievance resolution regarding resident's rights issues in Randolph County. C. This committee shall make official quarterly visits to assigned facilities to apprise themselves of general conditions under which persons are residing and to establish rapport with residents, families, staff, and administrators. This committee shall work toward keeping the public informed about aspects of long-term care and operations of homes in the county. ARTICLE H MEMBERSHIP The following provisions govern organization and operation of the committee. References to NCGS 131E-28 include reference to that statute or corresponding section of any future statute. A. Selection. Members shall be chosen by the Randolph County Board of Commissioners in accordance with the provisions of NC GS 131E-128. 610 B. Committee Size. In accordance with NC GS 131E -128 (b) (1), the committee shall have 8 members and up to 5 additional members at the discretion of the county commissioners. Ex - officio members shall not be counted in the statutory determination of committee size. C. Duties. All Advisory Committee members are expected to regularly attend committee meetings and make at least quarterly visits to the Nursing Homes to which they have been assigned. As directed by NC GS 131E -128 (g) members must participate in training as specified by the North Carolina Division of Aging and Adult Services. D. Committee Makeup. In accordance with NCGS 131E-128(3) a minority (not less than one-third, but as close to one-third as possible) shall be chosen from among persons nominated by a majority of the chief administrators of nursing homes in the county and the governing boards of the hospitals licensed under Article 5 of G.S. Chapter 131E, which operates nursing homes. If the nursing home administrators fail to make a nomination within 45 days after written notification has been sent to them requesting a nomination, these appointments may be made without nominations. The Clerk to the Board of County Commissioners shall invite nursing home administrators in the county to submit nominations on a yearly basis. E. Terms of Q ce. Each committee member shall serve an initial term of one year. Any person reappointed to a second or subsequent term shall serve a three-year term. F. Dismissal. A committee member may be dismissed if he or she misses two consecutive committee meetings, without contacting the Chairperson with a reasonable excuse or fails to make required quarterly visits with their subcommittee for two consecutive quarters unless there are extenuating circumstances. In that event, the Committee Chairperson shall notify the Board of County 1/3/17 C Commissioners of the absenteeism, and shall request that the Board dismiss the member and make an appointment to replace the dismissed member. G. Removal. Members may be removed at the discretion of the Board of County Commissioners in accordance with countypolicy and procedures governing boards and commissions. A two-thirds majority vote of the members present at a quarterly meeting may direct the Chairman of the Advisory Committee to request that the Board of County Commissioners remove a member with cause. H. Resignation. A member may resign by notifying the Board of County Commissioners in writing. I. Resources. NC GS 131E -128 (g) directs that the Division of Aging and Adult Services shall provide the committee with information, guidelines, training, and consultation to direct them in the performance of their duties. The Piedmont Triad Regional Council Area Agency on Aging (PTRC-AAA) Regional Long -Term Care Ombudsman Program shall serve as the designated resource for this committee. ARTICLE III. OFFICERS AND DUTIES A. Election of Officers. At its regular meeting in the fall quarter, the Advisory Committee shall elect a Chairperson and a Secretary for one-year terms to begin in January. All officers may succeed themselves. No more than one office may be held simultaneously by any member. B. Removal and Resignation ofOfficers. An officer may be removed by a two-thirds vote of all members present at a committee meeting. If an officer resigns or is removed, he or she shall be replaced by an election. %P C. Chairperson. The Chairperson shall preside at all meetings of the Advisory Committee; shall decide all matters of order and procedure, shall appoint the subcommittee chairpersons; shall appoint members to investigate any matters before the Advisory Committee. The Chairperson shall be the committee's official spokesperson to the Board of County Commissioners. D. Secretary. The Secretary shall keep the minutes of the Advisory Committee; shall prepare written minutes of previous meetings and notices of future meetings (staff from the PTRC-AAA will assist with mailing and distribution of minutes and meeting notices); and shall carry out routine correspondence. ARTICLE IV. SUBCOMMITTEES A. Membership. The Chairperson shall assign committee members to subcommittees of at least 3 members and no more than S, and shall appoint a Subcommittee Chairperson to each subcommittee. Each member must serve on at least one subcommittee, but there is no prohibition against a member serving on two subcommittees. B. Duties. The Chairperson shall assign each subcommittee to visit specific Homes. The Chairperson may also assign other tasks to subcommittees. However, the subcommittees have no authority to legally obligate the committee or incur any expenditure on behalf of the committee. C. Subcommittee Chairperson. The Subcommittee Chairperson is responsible for arranging site visits and for maintaining clear communication regarding those arrangements with subcommittee 1/3/17 II members; for making certain that a report of each visit from appropriate subcommittee members and quarterly Visitation Forms reach the quarterly meeting of the Advisory Committee. The Subcommittee Chairperson is responsible for monitoring activities, concerns and attendance of subcommittee members, and for making the Committee Chairperson and Long -Term Care Ombudsman aware of issues and concerns when appropriate. ARTICLE V. MEETINGS A. Regular Meetings. Regular meetings shall be held at least once a quarter and shall be held on a predetermined date each quarter. The Chairperson shall determine the location of the meetings. B. pecial Meetings. The Chairperson or a majority of committee members may call special meetings at any time. C. Closed Session. The Advisory Committee may hold closed sessions as provided by law. It shall commence a closed session by a majority vote on a motion to do so which specifically refers to the provision(s) of law providing the authority for the closed session as required by the amended Open Meetings Law. (NCGS 143-318) D. Notice of Meetings. Written notice of each regular and special meeting shall be given by mailing or emailing a copy of such notice at least five days before the meeting to each member. Such notice shall specify the date, time and place of the meeting. In the case of a special meeting, the notice shall state the purpose of the meeting. The notice of meetings is provided by PTRC-AAA. E. Quorum. A quorum for doing business shall consist of one-half of the number of persons who are to currently members. F. Vote. Except as otherwise specified herein, the vote of a majority of those members present shall be sufficient to decide matters before the Advisory Committee. G. Conduct of Meetings. All meetings shall be conducted in accordance with normally accepted parliamentary procedure and shall be open to the public, except where confidentiality is required or permitted by law. The order of business at regular meetings shall generally be as follows: 1) Roll Call; 2) Approval of the Minutes of the Previous Meeting; 3) Approval of the Agenda; 4) Chairperson's Report; 5) Old Business; 6) New Business; 7) Ombudsman's Report; 8) Visitation Reports; 9) Announcements. ARTICLE VI. RECORDS A. Maintenance. The PTRC-AAA Long -Term Care Ombudsman Program shall maintain a file of all of the studies, plans, reports and recommendations made by the Advisory Committee in the discharge of its duties and responsibilities. B. Disclosure. All records of the Advisory Committee shall be public records, except where disclosure of confidential information is prohibited by law. Complaints made by individuals against Homes shall be kept confidential. ARTICLE VII. EX -OFFICIO MEMBERS 1/3/17 A. Apyointment. Ex -officio members may be appointed at the discretion of the Board of County Commissioners. A unanimous vote of the membership of the Advisory Committee may be forwarded to the Board of County Commissioners to request an individual be appointed an ex - officio member provided that individual does not have a conflict of interest described in accordance with the provisions of NC GS 131E-128. Ex -officio members may not hold elected office on the committee. B. Voting Ex -Officio members shall not have the privilege of voting. C. Removal and Resignation of Ex -Officio Members. Ex -Officio members may be dismissed at the discretion of the Board of County Commissioners in accordance with county policy and procedures governing boards and commissions. The Committee Chairman with an explanation to request an individual be removed as an ex -officio member may forward a notice of a two-thirds vote of the members present at a quarterly meeting to the Board of County Commissioners. An ex -officio member may resign by noting the Board of County Commissioners in writing. ARTICLE V111. AMENDMENT OF B YLA WS These bylaws may be amended by a two-thirds majority of all the members present at a quarterly committee meeting. However, a notice of any proposed change in these bylaws must have been sent to all committee members one week prior to the meeting involved. The proposed amendments to these bylaws must be forwarded to the Board of County Commissioners for final approval. ARTICLEIX. SUPERSEDURE Upon adoption, these bylaws shall supersede any other bylaws governing the activities of the Randolph County Nursing Home Community Advisory Committee. • approve the Bylaws for the Randolph County Adult Care Home Community Advisory Committee, as follows: RANDOLPH COUNTYADULT CARE HOME COMMUNITY ADVISORY COMMITTEE BYLAWS ARTICLE L PURPOSE AND OBJECTIVES A. North Carolina GS 131D-31 mandates that County Commissioners appoint persons to local Adult Care Home Advisory Committees, to work to maintain the spirit of the Adult Care Home Residents' Bill of Rights within the adult care homes of the State, and that they are to promote community involvement and cooperation with adult care homes and integration of these homes into a system of care for the elderly. B. This committee shall also promote increased community interaction with adult care homes and promote better community education and awareness of issues affecting institutionalized adults. In 1/3/17 CJ accordance with the above State legislation, this committee shall assist persons with grievance resolution ® regarding residents ' rights issues in Randolph County. C. This committee shall make official quarterly visits to assigned facilities to apprise themselves of general conditions under which persons are residing and to establish rapport with residents, families, staff, and administrators. This committee shall work toward keeping the public informed about aspects of long-term care and operations of homes in the county. ARTICLE II. MEMBERSHIP The following provisions govern organization and operation of the committee. References to NCGS 131D-31 include reference to that statute or corresponding section of any future statute. A. Selection. Members shall be chosen by the Randolph County Board of Commissioners in accordance with the provisions of NCGS 131D-31. B. Committee Size. In accordance with NCGS 131D -31(b), the committee may have up to 13 members. Ex officio members shall not be counted in the statutory determination of committee size. C. Duties. All advisory committee members are expected to regularly attend committee meetings and make at least quarterly visits to the adult care homes and annual visits to the family care homes to which they have been assigned. As directed by NCGS 131D -31(h), members must participate in training as specified by the North Carolina Division of Aging and Adult Services. D. Committee Makeup. In accordance with NCGS 131D-31(6)(4), a minority of the members (not less 4d than one-third, but as close to one-third as possible) shall be chosen from among persons nominated by a majority of the chief administrators of adult care homes in the county. If the adult care home administrators fail to make a nomination within 45 days after written notification has been sent to them requesting a nomination, these appointments may be made without nominations. The Clerk to the Board of County Commissioners shall invite adult care home administrators in the county to submit nominations for membership on a yearly basis. E. Terms of Office. Each committee member shall serve an initial term of one yearfrom time of appointment. Any person reappointed to a second or subsequent term shall serve a three-year term. F. Dismissal. A committee member may be dismissed if he or she misses two consecutive committee meetings without contacting the Chairperson with a reasonable excuse or fails to make required quarterly visits with his or her subcommittee for two consecutive quarters unless there are extenuating circumstances. Otherwise, the committee chairperson shall notes the Board of County Commissioners of the absenteeism and shall request that the Board dismiss the member and make an appointment to replace the dismissed member. G. Removal. A two-thirds majority vote of the members present at a quarterly meeting may direct the Chairperson to request that the Board of County Commissioners remove a member with cause. H. Resignation. Members resigning are encouraged to resign by notifying the Board of County Commissioners in writing. G 10 I. Resources. NCGS 131D -31(h) directs that the Division of Aging and Adult Services provide the committee with information, guidelines, training, and consultation to direct them in the performance of 1/3/17 10 their duties. The Piedmont Triad Regional Council Area Agency on Aging (PTRC-AAA) Regional Long - Term -Care Ombudsman Program shall serve as the designated resource for this committee. ARTICLE III. OFFICERS AND DUTIES A. Election of O cers. At its regular meeting in the fall quarter, the committee shall elect a chairperson and a secretary for one-year terms to begin in January. All officers may succeed themselves. No more than one office may be held simultaneously by any member. B. Chairperson. The chairperson shall preside at meetings of the committee, shall decide all matters of order and procedure, shall appoint the subcommittee chairpersons, and shall appoint members to investigate any matters before the committee. The chairperson shall be the committee's official spokesperson to the Board of County Commissioners. C. Secretary. The secretary shall keep the minutes of the committee. Staff from the PTRC-AAA will assist with mailing and distribution of minutes and meeting notices and shall carry out routine correspondence. D. Removal and Resignation of 0 icers. An officer may be removed by a two-thirds vote of all members present at a committee meeting. If an officer resigns or is removed, he or she shall be replaced by an election. ARTICLEIV. SUBCOMMITTEES A. Membership. The work of the committee shall be carried out by subcommittees. The chairperson shall assign committee members to subcommittees of at least three members and no more than five and shall appoint a subcommittee chairperson to each subcommittee. Each member must serve on at least one subcommittee, but there is no prohibition against a member serving on two subcommittees. B. Duties. The chairperson shall assign each subcommittee to visit specific homes. The subcommittees have no authority to legally obligate the committee or to incur any expenditure on behalf of the committee. C. Subcommittee Chairperson. The subcommittee chairperson is responsible for arranging site visits, for maintaining clear communication with subcommittee members, for monitoring attendance of subcommittee members, for making certain that quarterly visitation forms reach the quarterly meeting of the committee and/or the ombudsman, and for making the committee chairperson and the designated long -term -care ombudsman aware of issues and concerns when appropriate. ARTICLE Y. MEETINGS A. Regular Meetings. Regular meetings shall be held at least once a quarter and shall be held on a predetermined date each quarter by majority vote of the committee. The chairperson shall determine the location of the meetings. The meetings are subject to the Open Meetings Law (NCGS 143-318). Changes in the regular meeting schedule are made by filing and posting a revised schedule at least seven days before the first meeting to occur under the revised schedule. B. �ecial Meetings. Special meetings may be called at any time by the chairperson or a majority of committee members. Notice of special meetings must be posted on the County's principle bulletin board; 1/3/17 11 mailed, emailed, or delivered to anyone who has made a written request for notice of special meetings; and posted on the County's website at least forty-eight hours before the meeting. C. Closed Session. The committee may hold closed session as provided by law by a majority vote on a motion that specifically refers to the provision(s) of law providing the authority for the closed session as required by the amended Open Meetings Law (NCGS 143-318). D. Notice of Meetings. The committee shall file its schedule of regular meetings with the Clerk to the Board of County Commissioners so that the schedule can be posted on the County's website. Written notice of each regular and special meeting shall be given by PTRC-AAA by mailing or emailing such notice to each member at least five days before the meeting. Such notice shall specify the date, time, and place of the meeting. In the case of a special meeting, the notice shall state the purpose of the meeting. E. Ouorum. A quorum for doing business shall consist of one-half of the number of persons who are currently members. F. Vote. Except as otherwise specified herein, the vote of a majority of those members present shall be sufficient to decide matters before the committee. G. Conduct of Meetings. All meetings shall be conducted in accordance with normally accepted parliamentary procedure and shall be open to the public except when confidentiality is required or permitted by law. The order of business at regular meetings generally shall be (1) roll call, (2) approval of the minutes of the previous meeting, (3) approval of the agenda, (4) chairperson's report, (S) old business, (6) new business, (7) ombudsman's report, (8) visitation reports, (9) announcements. ARTICLE VL RECORDS A. Maintenance. The PTRC-AAA Long -Term -Care Ombudsman Program shall maintain a file of all of the studies, plans, reports, and recommendations made by the committee in the discharge of its duties and responsibilities. B. Disclosure. All records of the committee shall be public records except when disclosure of confidential information is prohibited by law. Complaints made by individuals against adult care homes shall be kept confidential. ARTICLE VII. EX OFFICIO MEMBERS A. Appointment. Ex officio members may be appointed at the discretion of the Board of County Commissioners. A unanimous vote of the membership of the committee may be forwarded to the Board to request an individual be appointed an ex officio member, provided that individual does not have a conflict of interest described in accordance with the provisions of NCGS 13]D -31(g). Ex officio members may not hold elected office on the committee. A Voting Ex officio members shall not have the privilege of voting. C. Removal o Ex Officio Members. Ex officio members may be dismissed at the discretion of the Board of County Commissioners in accordance with county policy and procedures governing boards and commissions. A notice of a two-thirds vote of the members present at a quarterly meeting may be forwarded to the Board by the committee chairperson with an explanation to request an individual be 1/3/17 12 removed as an ex officio member. An ex officio member may resign by notifying the Board of County Commissioners in writing. ARTICLE VIII. ADOPTION/AMENDMENT OF BY-LAWS These by-laws may be proposed for adoption or amendment by a two-thirds majority of all the members present at a quarterly committee meeting. However, a notice of any proposed change in these by-laws must have been sent to all committee members one week prior to the meeting involved. The proposed adoption or amendment to these by-laws must be forwarded to the Board of County Commissioners for final approval. ARTICLE Ix SUPERSEDURE Upon adoption, these by-laws shall supersede any other by-laws governing the activities of the Randolph County Adult Care Home Community Advisory Committee. Special Recognition of Responders Who Were Deployed to Assist During/After Hurricane Matthew and the Western County Fires Chairman Allen read aloud the resolution that was adopted on the Consent Agenda recognizing the responders who were deployed to assist during and after Hurricane Matthew and during the Western County fires. Some departments had multiple missions during each deployment. He then gave the following summary: The following fire departments deployed to various areas in Columbus County: Asheboro, Eastside, Franklinville, Guil-Rand, Liberty, Randleman -Sophia, and Westside. Columbus 1.001, officials made a request to NC Emergency Management for fire suppression help in their county because many of the fire department personnel in their county had flooding in their own homes. The intent was to allow those firemen to go home, deal with their own damaged homes, and help their families while still providing fire coverage in their county. The Ulah and Farmer Fire Departments deployed to various locations in New Hanover County to assist with tanker support. New Hanover had one of two major water intakes damaged by the storm which made fire hydrants ineffective across most of the county. Since New Hanover mainly relied on fire hydrants for water, they needed additional help moving water in the case of a fire. Since many of our departments are accustomed to drafting out of ponds, rivers, and creeks, our departments that went helped New Hanover certify emergency water points. Evan Grady and Jared Byrd of Emergency Management took an electronic message board to New Hanover County. The speculation was with widespread flooding, they would need help re- routing traffic. They used the County message board (and many more from across the state) for this purpose. Jared Byrd deployed to Johnston County along with four other Emergency Management personnel from other counties as a part of an "EOC Overhead Incident Management Team." Johnston County staff had been working for nearly three days non-stop in their Emergency Operations Center dealing with widespread flooding, power outages, drownings, etc. The 1/3/17 13 purpose of the Incident Management Team was to help them catch up and get back on their feet with operational plans for the next few days. Bernard Needham and James Hyler of the Fire Marshal's Office took the Emergency Services l50kW generator to Kinston. This generator was assigned to a VIPER communications tower to provide communications to fire responders when the power was out. Dana Wright of Randolph County Public Health went to Robeson County to help in an emergency shelter. Crystal Pate and Victoria Pacheco of Emergency Services went to Columbus County to man one of their EMS units for 6 days. The intent (like above) was to allow their EMS staff to tend to their own flooded homes. During the wildfires, the following fire departments were assigned to the "Party Rock Fire" in Lake Lure, NC. Some of the departments provided brush fire support, while others provided structural protection. Many of their assignments were to stand guard at homes and businesses in the path of the wildfire to prevent the fire from burning the structures. Those fire departments were: Asheboro, Climax, Farmer, Franklinville, Tabernacle, and Ulah. The County estimates that it cost responders in Randolph County approximately $62,171 helping our neighbors for Hurricane Matthew. All of this should be reimbursed by NC and FEMA. Costs have not been finalized yet for the wildfire. Ir Sheriff Graves said the Randolph County Sheriff's Office assisted Bladen County at the request of the Bladen County Sheriff for the same reasons of giving rest and allowing their employees a chance to check on their own homes and families. Presentation of Annual Audit Report Eddie Burke, Engagement Partner with Cherry Bekaert, presented and reviewed the County's Comprehensive Annual Financial Report for year ending June 30, 2016. He stated there were no adjustments to journal entries, no significant deficiencies were identified and said the firm gave the County an unmodified "clean" opinion, which is the highest level of findings, and commended the County's Finance Office staff for their work and assistance. Public Heariniz & Approval of Grant Match- Younts Machine Co., Inc. Kevin P. Franklin, EDC Existing Business and Industry Coordinator, reviewed the proposed expansion by Gary J. Younts Machine Company, Inc. It is currently located at 4786 Turnpike Court in Trinity and has been in business since 1987 and at its current location 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 of its 9,400 square foot facility that is now at maximum production capacity. The company has sufficient inquiries from current and prospective customers to warrant an expansion. In anticipation of future expansion, Younts Machine has purchased a vacant 8.68 -acre parcel at the intersection of Turnpike Road and Turnpike Court in Trinity which is very close to its 1/3/17 14 existing facility. However, the expansion site does not currently have access to public sewer, and the company's consideration of this site is contingent upon the availability of sewer. Trinity's engineer estimates the cost of extending sewer to the site at $490,000 and 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. The company is considering construction of four 15,000 square foot freestanding buildings on the property at an estimated construction cost of $4,000,000. At this point, no additional investment in equipment is anticipated. The expansion will require additional employees and Younts Machine is committed to creating 15 new full-time jobs over a 24 -month period. The average annual wage of these new positions is projected to be $43,225, which is well above the County's average wage of $33,079. The NC Commerce Department reviewed the Younts Machine project at its November 29th funders meeting. Although several infrastructure grant programs are managed by NC Commerce, the funders recommended that the City pursue a grant from the Industrial Development Fund Utility Account, which serves as the richest potential funding source for this project, and requires a 25% match of the overall project cost. The proposal recommends that the City of Trinity submit a grant application to the Utility Account for the $490,000 project, requesting $367,500 in grant funding and committing to a 25% local match of $122,500. If the City and County each contribute an equal share of the required match, the total commitment from each would be $61,250. The City of Trinity held a public hearing on December 12th and authorized submission of a grant application with match commitment of $61,250 contingent upon a County commitment of $61,250, or 50% of the required local match. Mr. Franklin said based on estimated additional tax revenue, a County investment of $61,250 would have a payback period of approximately two years and six months. The EDC believes that the Younts Machine expansion is a good economic development project for Randolph County and views this request as an investment rather than an expense. Mr. Franklin said that support of economic development activities through the location and expansion of manufacturing companies supports a strong local economy, a growing tax base that keeps rates low for all, and much-needed job opportunities for local citizens. In summary, Mr. Franklin said that Younts Machine is a well-established business with a proven track record of success in Randolph County and requested that Randolph County consider a commitment of $61,250 in matching funds, an amount equal to the City of Trinity's funding commitment, for a total grant match of $122,500. Chairman Allen asked what the County would be liable for. Mr. Franklin explained that for the Younts project, the proposed state grant of $367,500 is essentially a grant of $24,500 per job ($367,500 / 15 jobs). If the company fails to meet the job creation commitment, the state will claw back funds on a pro rata basis from the company. Since this is a grant and not a loan, the applicant (Trinity) and the County are not liable for any repayment of grant funds. Commissioner McDowell asked when the new jobs would be phased in. Mr. Franklin replied that they would be phased in over the two-year process of buildings being constructed. 1/3/17 15 Chairman Allen asked if there was any additional interest for the use of the infrastructure by others. Mr. Franklin replied that other businesses in the proximity have been approached and there has been strong interest but didn't know if any new businesses were considering the area. At 6:58 p.m., the Board adjourned to a duly advertised public hearing to receive public comment on the requested funds from the County for economic development on behalf of Younts Machine. Hearing no comments, Chairman Allen closed the public hearing. On motion of McDowell, seconded by Haywood, the Board voted unanimously to a commitment of $61,250, an amount equal to the City of Trinity's funding commitment and approve associated Budget Amendment 418, as follows: 2016-2017 Budget Ordinance General Fund—Budget Amendment #18 Revenues Increase Decrease Transferfirom ED Reserve $61,250 Appropriations Increase Decrease Other Economic and Physical $61,250 Development Appropriations Public Hearing & Approval of Building Reuse Grant Match- Pilgrim's Pride Corporation EDC Existing Business and Industry Coordinator Kevin Franklin reviewed the Pilgrim's Pride Corporation's project prior to the required public hearing. This project was previously referred to as Blue Angel. Pilgrim's Pride is a publicly -traded company and one of the largest chicken producers in the world. It is an agri-business located south of Liberty at 2607 Old 421 Road in the Staley community. Currently Pilgrim's Pride operates a hatchery on the property with approximately 20 employees. He said that the feed mill operation was closed in the spring of 2013. The building has remained vacant since that time and is the subject of this public hearing and request. The company now has plans to renovate the structure and resume feed production. It is eligible for a Building Reuse Grant from NC Department of Commerce and the company has requested assistance with the cost of renovations to the facility. All existing jobs at the hatchery will be retained and the company is committing to create an additional 17 full-time jobs on site, 15 of them are eligible for funding under the state Building Reuse Grant. The new jobs would be created within an 18 -month period and pay an average annual wage of $28,059, providing much-needed jobs in a legacy sector for local residents. The project will also generate additional tax revenue for the County. The company also anticipates that the expansion project will generate additional related agri-business development within a fifty -mile radius of the project site. He said Pilgrim's Pride Corp. is considering at least two other states. Mr. Franklin said the total anticipated company investment in the project is $13,000,000 (a change from the initial estimated investment of $14,650,000 reported at the December meeting), including an estimated $5,000,000 for the renovation itself and another $8,000,000 for new equipment. 1/3/17 16 He said based on the job creation commitment, the company is eligible for consideration of a grant of $75,000 ($5,000 for each of the 15 new full-time jobs eligible under the program). The grant also requires a 5% match by the local government applicant ($3,750) for this project. Since the facility is located in an unincorporated area, Randolph County would serve as the grant applicant, administer the grant, and supply the required match. The grant is structured as a deferred forgivable loan made to the unit of government, Randolph County in this case, which is then re -loaned to the company. The loan is forgiven if the company meets the job creation requirements but must be repaid on a pro rata basis for any jobs not created within 18 months and retained for an additional six months at the close of the grant. Mr. Franklin stated that given the company's proposed investment, long-term presence in the community and status as one of the largest chicken producers in the world, the EDC believes this to be a low risk project for the County to pursue and requested that Randolph County consider authorizing the submission of a Building Reuse Grant application and committing to a required 5% local government match of $3,750. Grant awards will be announced on February 16th by the Rural Infrastructure Authority, which operates within the NC Department of Commerce. Chairman Allen asked how many growers that they have in the area. Mr. Franklin said he didn't know. Chairman Allen said knowing those demographics would help in decision making. At 7:07 p.m., the Board adjourned to a duly advertised public hearing to receive public comment on the requested funds from the County for economic development on behalf of Pilgrim's Pride Corporation. Hearing no comments, Chairman Allen closed the public hearing. On motion of Haywood, seconded by Kidd, the Board voted unanimously to adopt a resolution 1) authorizing the County to submit the application for the $75, 000 Building Reuse Grant from the Department of Commerce to assist Pilgrim's Pride Corporation with the renovating and equipping of a vacant building located south of the Town of Liberty and 2) committing to provide the required 5% local government match in the amount of $3,750, if awarded, as follows: RESOL UTION A UTHORIZING APPLICATION FOR A BUILDING REUSE GRANT AND PAYMENT BY THE COUNTY OF THE REQUIRED LOCAL MATCH 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, Pilgrim's Pride Corporation (hereinafter "Company') has stated its commitment to invest $13, 000, 000.00 to renovate and equip an existing, vacant facility in Randolph County and to create 17 new full-time jobs; and WHEREAS, in order to assist the Company with the cost of said renovation, the Company has asked the County to seek and administer a Building Reuse Grant from the Department of Commerce; and 1/3/17 17 WHEREAS, said Grant requires a 5% local match from the local government 440 making application; and WHEREAS, the amount of the Grant that the company is eligible for is $75, 000. 00, requiring a local match of $3, 750.00; and WHEREAS, the County has held a public hearing on the matter; and WHEREAS, this economic development project will stimulate and stabilize the local economy, promote business in the County, and result in the rehabilitation and use of a previously empty facility as well as the creation of a number of 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 3rd day of January 2017, as follows: 1. The County of Randolph is authorized to submit the application for the $75, 000 Building Reuse Grant from the Department of Commerce to assist Pilgrim's Pride Corporation with renovating and equipping a vacant building located south of the Town of Liberty in Randolph County; and 2. If the Building Reuse Grant is awarded, the County is authorized to provide the required local match of $3,750.00 contingent upon the Company executing any documents required by the County to protect its investment in this project. Public Hearin & Approval for Economic Development Proiect with Pilirim's Pride Corporation Kevin P. Franklin, EDC Existing Business and Industry Coordinator, stated Pilgrim's Pride Corporation's expansion project requires extension of public water to meet increased water demand associated with the expansion. The 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. Although the NC Department of Commerce manages several infrastructure grant programs, the program managers have recommended that the appropriate local government submit a Community Development Block Grant (CDBG) application in the amount of up to $400,000 for the water line extension. With an $800,000 proposed project cost, this anticipated grant amount leaves a funding gap of $400,000. The Town of Liberty has agreed to serve as the applicant for the project and held the first of two required public hearings at their December 27th meeting. The EDC requested that Randolph County consider partnering with the Town of Liberty on a CDBG grant application to facilitate extension of a 12" water line by contributing up to $265,000 (approximately two-thirds) of the funding to close the funding 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 1/3/17 V sales. Liberty will hold a second public hearing at its January meeting. Based on new county tax revenue generated by the project, the EDC estimates a payback period of approximately three - and -a -half years for a County investment of $265,000. •'�/ The EDC believes that Pilgrim's Pride Corporation's expansion is a good economic development project for Randolph County and the Town of Liberty. The project will generate additional tax revenue for Randolph County, result in the creation of 17 new jobs, and enhance the developability of additional land south of Liberty by providing access to public water in a growth corridor. Chairman Allen asked if there was potential for extension of sewer lines even though this project doesn't require it. Mr. Franklin said he didn't know if there would be future needs. Sewer is typically put in on the opposite side of a street from water, but if a company were to locate that needed sewer, then it could be considered at that time. Commissioner McDowell asked if the estimated cost of $800,000 was certain. Mr. Franklin said the Town of Liberty encouraged the engineers to estimate on the high side and the Town is comfortable with the estimates. At 7:16 p.m., the Board adjourned to a duly advertised public hearing to receive public comment on the requested funds from the County for economic development on behalf of Pilgrim's Pride Corporation. Hearing no comments from the public, Chairman Allen closed the public hearing. IJ Chairman Allen said he'd love to know what the additional impact on the County would be for the growers. He said the job numbers are not that impressive but the investment is. On motion of Haywood, seconded by Kidd, the Board voted unanimously to adopt a resolution committing to partner with the Town of Liberty on submission of a CDBG grant application on behalf of Pilgrim's Pride Corporation for a 12" water line extension and commit up to $265, 000 toward the project, as follows: RESOL UTION A UTHORIZING COUNTY TO PARTICIPATE IN THE FUNDING OF EXTENSION OFA WATER LINE TO AID IN ECONOMIC DEVELOPMENT 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, Pilgrim's Pride Corporation (hereinafter "Company') has stated its commitment to invest $13, 000, 000.00 to renovate and equip an existing, vacant facility in Randolph County and to create 17 new full-time jobs; and WHEREAS, in order for the Company's expansion project to be successful, it requires the extension of an existing 12 " water line, owned by the Town of Liberty (hereinafter the "Town') to the site; and 1/3/17 WHEREAS the cost of extending the required water line is estimated at ® $800, 000.00; and WHEREAS, the Town has agreed to apply for a Community Development Block Grant from the North Carolina Department of Commerce in the amount of up to $400, 000.00 to assist with the costs of the water line extension; and WHEREAS, the Randolph County Economic Development Corporation has asked that the County and the Town partner with one another to provide the remaining $400, 000.00 in funding for the water line extension, specifically that the County consider providing $265,000.00 and the Town consider providing $135, 000.00; and WHEREAS, the County has held a public hearing on the matter; and WHEREAS, this economic development project will stimulate and stabilize the local economy, promote business in the County, and result in the rehabilitation and use of a previously empty facility as well as the creation of a number of 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 3rd day of January 2017, as follows: 1. The County of Randolph is authorized to contribute $265'000. 00 towards the cost of the extension of a water line to the site of Company's business expansion south of the Town of Liberty in Randolph County; and 60 2. The County's contribution referenced in paragraph I above is expressly contingent upon the Town contributing $135, 000.00 towards said project and contingent upon the Company executing any documents required by the County to protect its investment in this project. Economic Development Corporation (EDC) Organization and Strategic Planning County Manager Hal Johnson stated that EDC President Bonnie Renfro had announced her retirement for June 2017 after 18 years of leading the Corporation. In response to her announcement, the EDC Executive Committee has recommended that the EDC take the opportunity to enable a long-term evaluation of their existing organization. Since its incorporation in February 1985, the Board of County Commissioners has provided approximately 70% of the annual revenues available to the EDC. He said the EDC Executive Committee stated that the recent completion of the Randolph County Strategic Plan might provide a unique opportunity for the EDC to utilize the ongoing County strategic planning implementation process with the goal of ensuring that the EDC is structured to take maximum advantage of countywide industrial and business recruitment opportunities that may emerge in the 21" century. The EDC Executive Committee has asked that as County Manager, Mr. Johnson lead the process of evaluation by utilizing special task forces and the Strategic Planning Implementation Committee that were appointed by the Board of County Commissioners. Mr. Johnson said he sees this as a positive opportunity to focus on the goal and strategy identified in the Strategic Plan under Economic Development: 1/3/17 20 C. Economic Development GOAL #1: Enhance the economic well-being of our county's residents and communities by actively investing in a dynamic and diversified local economy, including support of existing industries and businesses. STRATEGY: e. Enhance the structure of the Randolph County Economic Development Corporation (EDC) and encourage coordination with local chambers of commerce and other economic development entities to improve countywide business and industry recruitment and align existing economic development resources to meet countywide goals. This opportunity will enhance the county's ability to identify and recruit new countywide industrial and business development by expanding its existing economic development recruitment structure and proactive prospective development and recruitment efforts. He said the planning process can begin in January 2017, with the goal to have specific recommendations to present to both the EDC Board and the Board of County Commissioners when complete. Mr. Johnson requested that the Board appoint two County Commissioners to serve on appropriate task forces and subcommittees as may be needed. On motion of Allen, seconded by McDowell, the Board voted unanimously to appoint Commissioners Kidd and McDowell to serve on taskforces and subcommittees to ensure that the EDC is structured to take maximum advantage of countywide industrial and business 04 recruitment opportunities to meet the countywide goals. Rezoning Public Hearing At 7:26 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. JOSE FLORES, Asheboro, North Carolina, is requesting that 2.39 acres located at 7606 US Hwy 220S, Richland Township, be rezoned from RA to LI -CD. Tax ID# 7665688138. Primary Growth Area. The proposed Conditional Zoning District would specifically allow the construction of an 80' x 125' warehouse storage building as per site plan. The Planning Board reviewed this request at public meeting on December 6, 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 3.1 Industrial development should be on land that is physically suitable and has unique locational advantages for industry. Advanced planning for the identification of such land should be encouraged. Policy 3.4 Warehousing, storage and distribution facilities should have direct access to appropriate thoroughfares and should be visually buffered according to their location. (a 1/3/17 21 Mr. Dale said Mr. Flores operates a sock manufacturing business and needs additional space to package and ship. Jose Flores was present and stated he was available if the Commissioners had any questions for him. On motion of McDowell, seconded by Haywood, the Board voted unanimously to approve the request of Jose Flores as determined consistent 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 reasonable and in the public interest. Approval of Moving Forward for Special Legislation to Delegate Zoning Authority Commissioner McDowell stated that one of the things the Board needs to be looking at going forward is streamlining the way that planning and zoning is done in Randolph County in order to be more efficient. He said he proposed to the Planning Director Jay Dale and the Planning staff to do some research and provide an overview of the procedures that would be necessary if the Board of County Commissioners voted to delegate to the County Planning Board the final approval authority for rezoning applications that are not appealed to the County Commissioners. Mr. Dale said he was apprehensive at first about the request because the NCGS 153A-321 is pretty clear that the Planning Board is there to advise. He said he talked to the Piedmont Triad Council of Governments and the UNC School of Government to seek out those who use this is process. He said they are not sure of exactly how many communities use this system but were able to identify some and Guilford County was one of them. He said everyone they had inquired with had a favorable opinion of the system and pointed out that it worked well in streamlining the process. Mr. Dale explained that in order to delegate the authority for final zoning approval to the Randolph County Planning Board, special legislation would be required. Mr. Dale said he has spoken with Representative Allen McNeill concerning the legal procedures necessary for the Randolph County Board of Commissioners to delegate final zoning authority to the Randolph County Planning Board. He said a good example is the zoning case heard during this meeting where there was no opposition and Mr. Flores could have begun his operation thirty days earlier. It would speed up the process for developers and citizens. Citizens can appeal a decision; then the Board of Commissioners would hear the request from the beginning. The first step would be for the Randolph County Planning Department to draft the legislation. Mr. Dale said they have looked at examples from different communities and realized that there is considerable flexibility, which allows one to draft legislation that will best serve their community. With that information, Planning staff created a rough draft of legislation and included the preliminary proposal for the Board's consideration in the agenda packet. It would be exclusive to Randolph County and its municipalities under the General Statute. Once the Board approves the wording of the legislation, the second step would be to submit the draft to one of the County's representatives to take before the North Carolina General Assembly. 1/3/17 22 Representative McNeill or another representative would then take it to the North Carolina Legislature's legal department for staff review to make sure there are no unforeseen legal consequences or errors. From there it would go to Bill Drafting to be written up. Once the bill is drafted, it would have to pass through the appropriate committee meeting. Then the bill would go to the North Carolina House of Representatives and the North Carolina Senate for final approval. According to Representative McNeill, this could take up to three months. The earliest he could start the process would be late January. Mr. Dale said if this legislation is passed, it would allow the municipalities to do the same process if they wished to make that change. He has informed all but one of them so far. If the bill is passed and the appropriate legislation obtained, the final step would be for the Randolph County Board of Commissioners to make the appropriate amendments to the Randolph County Unified Development Ordinance (UDO). A preliminary proposal for those amendments was also included in the agenda packet. Commissioner Haywood asked for clarification on the appeals process for the citizens. Mr. Dale stated that any person aggrieved by the action of the Planning Board will have the right to appeal the decision to the County Commissioners by giving notice in writing to the Planning Director within 15 days after the Planning Board decision. In the case of an appeal, the Board of County Commissioners shall hear the application de novo (anew) and make the final decision on the rezoning petition. If the Planning Board action is appealed to the Board of County Commissioners, the party pursuing the action shall pay a $100 fee payable to Randolph County. Commissioner Haywood asked why they would have to pay another fee. Mr. Dale explained that the fee was to defray administrative costs incurred in processing the appeal, notifying adjacent property owners, obtaining technical assistance, and publishing the notice of public hearing. Mr. Dale said they also thought that it would show some seriousness on the part of the applicant. Commissioner Haywood said he had no problem sending the drafted legislation forward if the fee was eliminated for an appeal. Mr. Dale replied that the Board of Commissioners would decide on fees and the appropriate amendments to the Randolph County Unified Development Ordinance once legislation was approved. The fee structure is not part of the legislation request. Chairman Allen said he didn't want to discourage people from an appeal, but he didn't want frivolous ones either. Mr. Dale stated that was also the concern of the Planning Department. He said Planning and Zoning fees have not been increased since its creation and currently don't fully cover the administrative costs of each case for notifying adjacent property owners, obtaining technical assistance and publishing the notice of public hearing. Commissioner McDowell said another option the Board could consider was to charge a fee, but if the Commissioners overturned the decision of the Planning Board, the fee could be returned. T] 1/3/17 23 Chairman Allen said changes to the fees and amendments to the UDO regarding the process (W for appeal wouldn't happen until after legislation was approved and the Board has a few months to discuss this appeal process further. Mr. Dale stated there is a statement in the legislation draft (second sentence of Section 1) that needs to be updated prior to submission to read "the appointed planning board shall have such authority only if and when the approval or denial of a rezoning application is by vote of a simple majority of the members of the planning board or if an appeal is taken," instead of "at least three- fourths of the members" of the Planning Board. On motion of McDowell, seconded by Kidd, the board voted 3 to 1, with Haywood opposing, to amend the draft legislation to read "The appointed planning board shall have such authority only if and when the approval or denial of a rezoning application is by vote of a simple majority of the members of the planning board or if an appeal is taken, " instead of "at least three-fourths of the members of the Planning Board, " as follows: GENERAL ASSEMBLY OF NORTH CAROLINA 2017 SESSION CHAPTER HOUSE BILL ANACT TO ALLOW SPECIFIED COUNTYAND CITIES TO DELEGATE CERTAIN REZONING AUTHORITY TO THE DESIGNATED PLANNING BOARD The General Assembly of North Carolina enacts: Section 1. A Board of County Commissioners may, by ordinance, delegate or assign to the appointed planning board the authority to take final action on applications to rezoning property in the County's zoning jurisdiction. The appointed planning board shall have such authority only if and when the approval or denial of a rezoning application is by vote of simple majority of the members of the planning board or if an appeal is taken, then the County Commissioners shall have the authority to make final decisions on rezoning applications. Any person aggrieved by the decision of the planning board shall have the right to appeal the action of the planning board to the County Commissioners by giving notice in writing to the County Planning Director within 15 days of the action of the planning board. In the case of an appeal, the Board of County Commissioners shall hear the application de novo. The Board of County Commissioners may, by ordinance, rescind any and all authority so delegated or assigned to the appointed planning board at any time that the County Commissioners deems it advisable or appropriate to do so. Any authority so delegated shall be exercised by the planning board under such rules, regulations, and guidelines as may be established by the County Commissioners. Section 2. A City Council may, by ordinance, delegate or assign to the appointed planning board the authority to take final action on applications to rezone property in the City's zoning jurisdiction. The appointed planning board shall have such authority only if and when 1/3/17 24 the approval or denial of a rezoning application is by vote of at least three-fourths of the members of the planning board or if an appeal is taken, then the City Council shall have the authority to make final decisions on rezoning applications. Any person aggrieved by the action of the appointed planning board shall have the right to appeal the action of the planning board to the City Council by giving notice in writing to the City Manager within 15 days of the action of the planning board. In the case of an appeal, the City Council shall hear the application de novo. The City Council may, by ordinance, rescind any and all authority so delegated or assigned to the appointed planning board at any time that the City Council deems it advisable or appropriate to do so. Any authority so delegated shall be exercised by the planning board under such rules, regulations, and guidelines as may be established by the City Council. Section 3. Section I of this act applies only to Randolph County. Section 2 of this act applies only to the City of Asheboro, the City of Archdale, and municipalities located wholly or partly within Randolph County. Section 4. This act is effective upon ratification. In the General Assembly read three times and ratified this the day of , 2017. Commissioner Kidd asked for clarification on what the Board is asking the Legislature to do in this request. County Attorney Ben Morgan explained Randolph County is asking to adopt a different process for zoning than what is covered in NCGS 153A-321. He said the Board will not see cases like Mr. Flores', but requests similar to the Zoo City Motorsports will most likely be appealed and come before the Commissioners. The Commissioners will not hear or see the evidence presented to the Planning Board but will hear it for the first time and from the beginning at a public hearing with the Board of Commissioners. Commissioner McDowell said instead of 90 days it would only take 60 for a citizen to get an answer in order to proceed. He said whether to charge a fee or not could be discussed later, but he would like to move forward to streamline the zoning process. He added that he does agree the Planning and Zoning Board will need more education about how to apply the UDO and a better understanding of the process, especially new members. He said if the Commissioners are not happy with the rules in the UDO, then they should be changed, but whatever is adopted is what the Planning and Zoning Board will follow. Commissioner Haywood reminded others that last month the Commissioners approved a request that the Planning Board had declined. He then asked who would do the education. Commissioner McDowell said the Attorney would be part of the education process. On motion of McDowell, seconded by Kidd, the board voted 3 to 1, with Haywood opposing, to move forward with the process to delegate to the County Planning Board final approval authorityfor rezoning applications that are not appealed to the County Commissioners. Adoption of Resolutions Concerning Establishment of Fire Service Districts for Bennett, Coleridge -Erect, East Side, Fairgrove, Farmer, Franklinville, Julian, Tabernacle, and Westside; and Capping Property Tax Rate 1/3/17 25 Aimee Scotton, Associate County Attorney, explained that initially, fire protection in Randolph to County was provided, as it was most places, by small volunteer fire departments that supported themselves solely through donations and local fundraising efforts. As population density and the demand for services increased, this method of support became increasingly inadequate. Randolph County responded by creating rural fire protection tax districts. These were formed by petition and election. Each year, the board of county commissioners sets a tax rate for each district, levies the tax and then provides fire protection by contracting with the local volunteer fire department. Once a rural fire protection district has been formed, however, it is difficult to change it (expand, decrease, abolish or change its maximum tax limit). Prior to 2011, the majority of our rural fire protection districts were capped at a 15¢ tax rate. Two of our districts, however, Guil-Rand and Climax, were capped at 10¢ due to the legislation that was in place when they were formed and/or their method of formation. This caused them to be at a disadvantage compared to other rural fire protection districts in the County. Because they were rural fire protection districts, increasing their maximum tax rate was virtually impossible. Instead, the County created county service districts for these two areas and capped them at 15¢ so that these two departments could have the same rate limitations as all of the other departments in Randolph County. Then, in 2014, it became necessary to merge the Sophia and the Tiger Country rural fire protection districts. This merger was accomplished by forming a county service district, the Randleman -Sophia District, comprised of the properties contained in the two rural fire protection districts. Over the past two years, the County has been converting the remaining rural fire protection districts to county service districts. This is because it is both confusing and cumbersome to have two different types of fire protection districts (with different sets of legal requirements) in operation in the County. County service districts are easier to administer than rural fire protection districts, particularly if there is a need to move properties from one district to another. At this point, county service districts have been formed for most of the rural fire protection districts. There are, however, nine county service districts that still need to be created. These are Bennett, Coleridge -Erect, East Side, Fairgrove, Farmer, Franklinville, Julian, Tabernacle and Westside. A county service district for fire protection is created under North Carolina General Statutes 153A- 302 and 153A-309.2. Tonight, we are asking you to begin this process for those areas listed above. The process to consider first for each proposed district is outlined below: a. the resident or seasonal population and population density of the proposed district; b. the appraised value of property subject to taxation in the proposed district; c. the present tax rates of the County and any cities or special districts in which the district or any portion thereof is located; d. the ability of the proposed district to sustain the additional taxes necessary to provide the services planned for the district; and e. any other matters that the Commissioners believe to have a bearing on whether or not the district should be established. Fire Marshal Erik Beard had provided a fact sheet in the agenda packet for each district 60 containing the items that are required to be considered. A resolution would need to be adopted for each respective district if the following apply: 1/3/17 26 a) there is a demonstrable need for providing fire protection services in the district; b) it is impossible or impracticable to provide these services on a countywide basis; c) it is economically feasible to provide the proposed services in the district without unreasonable or burdensome tax levies; and d) there is a demonstrable demand for the proposed services by persons residing in the district. The resolutions make certain the findings, call for the creation of a report (for each district) that must be made available for public inspection and set public hearings on the creation of the respective districts for 6:30 p.m. on March 6, 2017. The resolutions also state that the tax levied in the proposed district for fire protection may not be in excess of a rate of fifteen (15) cents on each one hundred dollars ($100) of property subject to taxation. Ms. Scotton said it is important to note that, in preparation for the creation of these districts, Fire Marshal Erik Beard reviewed the boundary lines of the district to ensure that no properties needed to be moved from one district to another in order to improve their fire protection and/or entitle any citizens to receive a break on their homeowner's insurance. For these remaining districts, there were no properties that needed to be moved. The proposed county service districts, therefore, are comprised of the exact same properties that are in the rural fire protection districts. Ms. Scotton said if the Board passes the resolutions and sets the public hearings, staff will compile the report and publish notices of the public hearings in accordance with state law for each proposed district. ki On motion of Kidd, seconded by McDowell, the Board voted unanimously to adopt resolutions capping Bennett, Coleridge -Erect, East Side, Fairgrove, Farmer, Franklinville, Julian, Tabernacle and Westside Fire Service District's Property Tax Rate at fifteen cents on each one hundred dollars of property subject to taxation, direct the Associate County Attorney to prepare the required report referenced in the resolutions, and to set a public hearing for each on the matter for 6:30 p.m. on March 6, 2017, as follows: RESOL UTION PROPOSING THE CREATION OF THE BENNETT FIRE PROTECTION SER VICE DISTRICT AND CAPPING SAID PROPOSED SERVICE DISTRICT TAX RATE AT FIFTEEN CENTS WHEREAS, North Carolina General Statute 153A-309.2 allows a County to establish a county service district for fire protection services with a tax rate limitation of fifteen (1 S) cents per one hundred dollar ($100) valuation; and WHEREAS, it has been requested that the Board of County Commissioners create a county service district for fire protection for the Bennett Protection District; and WHEREAS, the Board has considered the population of the proposed district, the appraised value of property in the proposed district, the present tax rates in effect in the proposed district, the ability of the proposed district to sustain the taxing of the proposed district, and other matters that the Board deemed relevant; and 1/3/17 4 WHEREAS, the Board, having considered such matters, makes the following findings: 1. There is a demonstrable need for providing fire protection services in the proposed Bennett service district; and 2. It is impossible or impracticable to provide fire protection services on a countywide basis; and 3. It is economically feasible to provide fire protection services in the proposed Bennett service district without unreasonable or burdensome annual tax levies; and 4. There is a demonstrable demand for fire protection services in the proposed Bennett service district. NOW, THEREFORE, BE IT RESOLVED, that the Board intends to pursue the creation of a county service district for fire protection that mirrors the existing Bennett Protection District and therefore sets a public hearing on the matter for 6: 30 p. m. on March 6, 2017; and BE IT FURTHER RESOLVED that a report shall be prepared containing a map of the proposed district, a statement that the proposed district meets the findings contained herein, and a plan for providing fire service to the proposed district; and BE IT STILL FURTHER RESOLVED that, after the public hearing referenced above, if the proposed Bennett county service district for fire protection is created, property taxes for fire protection within said district may not be levied in excess of a rate of fifteen (15) cents on each one hundred dollars ($100) of property subject to taxation. RESOLUTION PROPOSING THE CREATION OF THE COLERIDGE- ERECT FIRE PROTECTION SER VICE DISTRICT AND CAPPING SAID PROPOSED SERVICE DISTRICT TAX RATE AT FIFTEEN CENTS WHEREAS, North Carolina General Statute 153A-309.2 allows a County to establish a county service district for fire protection services with a tax rate limitation of fifteen (15) cents per one hundred dollar ($100) valuation; and WHEREAS, it has been requested that the Board of County Commissioners create a county service district for fire protection for the Coleridge -Erect Protection District; and WHEREAS, the Board has considered the population of the proposed district, the appraised value of property in the proposed district, the present tax rates in effect in the proposed district, the ability of the proposed district to sustain the taxing of the proposed district, and other matters that the Board deemed relevant; and WHEREAS, the Board, having considered such matters, makes the following findings: 27 1/3/17 FMC 1. There is a demonstrable need for providing fire protection services in the proposed Coleridge -Erect service district; and 46 2. It is impossible or impracticable to provide fire protection services on a countywide basis; and 3. It is economically feasible to provide fire protection services in the proposed Coleridge -Erect service district without unreasonable or burdensome annual tax levies; and 4. There is a demonstrable demand for fire protection services in the proposed Coleridge -Erect service district. NOW, THEREFORE, BE IT RESOLVED, that the Board intends to pursue the creation of a county service district for fire protection that mirrors the existing Coleridge -Erect Protection District and therefore sets a public hearing on the matter for 6:30 p.m. on March 6, 2017; and BE IT FURTHER RESOLVED that a report shall be prepared containing a map of the proposed district, a statement that the proposed district meets the findings contained herein, and a plan for providing fire service to the proposed district; and BE IT STILL FURTHER RESOLVED that, after the public hearing referenced above, if the proposed Coleridge -Erect county service district for fire protection is created, property taxes for fire protection within said district may not be levied in excess of a rate of fifteen (15) cents on each one hundred dollars ($100) of property subject to taxation. RESOLUTION PROPOSING THE CREATION OF THE EAST SIDE FIRE PROTECTION SERVICE DISTRICT AND CAPPING SAID PROPOSED SERVICE DISTRICT TAX RATE AT FIFTEEN CENTS WHEREAS, North Carolina General Statute 153A-309.2 allows a County to establish a county service district for fire protection services with a tax rate limitation offifteen (15) cents per one hundred dollar ($100) valuation; and WHEREAS, it has been requested that the Board of County Commissioners create a county service district for fire protection for the East Side Protection District; and WHEREAS, the Board has considered the population of the proposed district, the appraised value of property in the proposed district, the present tax rates in effect in the proposed district, the ability of the proposed district to sustain the taxing of the proposed district, and other matters that the Board deemed relevant; and WHEREAS, the Board, having considered such matters, makes the following findings: 1. There is a demonstrable need for providing fire protection services in the proposed East Side service district; and 4 1/3/17 2. It is impossible or impracticable to provide fire protection services on a 6-0 countywide basis; and 3. It is economically feasible to provide fire protection services in the proposed East Side service district without unreasonable or burdensome annual tax levies; and 4. There is a demonstrable demand for fire protection services in the proposed East Side service district. NOW, THEREFORE, BE IT RESOLVED, that the Board intends to pursue the creation of a county service district for fire protection that mirrors the existing East Side Protection District and therefore sets a public hearing on the matter for 6: 30 p. m. on March 6, 2017; and BE IT FURTHER RESOLVED that a report shall be prepared containing a map of the proposed district, a statement that the proposed district meets the findings contained herein, and a plan for providing fire service to the proposed district; and BE IT STILL FURTHER RESOLVED that, after the public hearing referenced above, if the proposed East Side county service district for fire protection is created, property taxes for fire protection within said district may not be levied in excess of a rate of fifteen (15) cents on each one hundred dollars ($100) of property subject to taxation. RESOLUTION PROPOSING THE CREATION OF THE FAIRGROVE FIRE PROTECTION SER VICE DISTRICT AND CAPPING SAID PROPOSED SERVICE DISTRICT TAX RATE AT FIFTEEN CENTS WHEREAS, North Carolina General Statute 153A-309.2 allows a County to establish a county service district for fire protection services with a tax rate limitation of fifteen (15) cents per one hundred dollar ($100) valuation; and WHEREAS, it has been requested that the Board of County Commissioners create a county service district for fire protection for the Fairgrove Protection District; and WHEREAS, the Board has considered the population of the proposed district, the appraised value of property in the proposed district, the present tax rates in effect in the proposed district, the ability of the proposed district to sustain the taxing of the proposed district, and other matters that the Board deemed relevant; and WHEREAS, the Board, having considered such matters, makes the following findings: 1. There is a demonstrable need for providing fire protection services in the proposed Fairgrove service district; and 2. It is impossible or impracticable to provide fire protection services on a countywide basis; and 29 1/3/17 30 3. It is economically feasible to provide fire protection services in the proposed Fairgrove service district without unreasonable or burdensome annual tax levies; and 4. There is a demonstrable demand for fire protection services in the proposed Fairgrove service district. NOW, THEREFORE, BE IT RESOLVED, that the Board intends to pursue the creation of a county service district for fire protection that mirrors the existing Fairgrove Protection District and therefore sets a public hearing on the matter for 6:30 p.m. on March 6, 2017; and BE IT FURTHER RESOLVED that a report shall be prepared containing a map of the proposed district, a statement that the proposed district meets the findings contained herein, and a plan for providing fire service to the proposed district; and BE IT STILL FURTHER RESOLVED that, after the public hearing referenced above, if the proposed Fairgrove county service district for fire protection is created, property taxes for fire protection within said district may not be levied in excess of a rate of fifteen (15) cents on each one hundred dollars ($100) of property subject to taxation. RESOLUTION PROPOSING THE CREATION OF THE FARMER FIRE PROTECTION SERVICE DISTRICT AND CAPPING SAID PROPOSED SERVICE DISTRICT TAX RATEA T FIFTEEN CENTS to WHEREAS, North Carolina General Statute 153A-309.2 allows a County to establish a county service district for fire protection services with a tax rate limitation offifteen (15) cents per one hundred dollar ($100) valuation; and WHEREAS, it has been requested that the Board of County Commissioners create a county service district for fire protection for the Farmer Protection District; and WHEREAS, the Board has considered the population of the proposed district, the appraised value of property in the proposed district, the present tax rates in effect in the proposed district, the ability of the proposed district to sustain the taxing of the proposed district, and other matters that the Board deemed relevant; and WHEREAS, the Board, having considered such matters, makes the following findings: 1. There is a demonstrable need for providing fire protection services in the proposed Farmer service district; and 2. It is impossible or impracticable to provide fire protection services on a countywide basis; and 3. It is economically feasible to provide fire protection services in the proposed Farmer service district without unreasonable or burdensome annual tax levies; and 1/3/17 31 4. There is a demonstrable demand for fire protection services in the proposed Farmer service district. 040 NOW, THEREFORE, BE IT RESOLVED, that the Board intends to pursue the creation of a county service district for fire protection that mirrors the existing Farmer Protection District and therefore sets a public hearing on the matter for 6: 30 p. m. on March 6, 2017; and BE IT FURTHER RESOLVED that a report shall be prepared containing a map of the proposed district, a statement that the proposed district meets the findings contained herein, and a plan for providing fire service to the proposed district; and BE IT STILL FURTHER RESOLVED that, after the public hearing referenced above, if the proposed Farmer county service district for fire protection is created, property taxes for fire protection within said district may not be levied in excess of a rate of fifteen (15) cents on each one hundred dollars ($100) of property subject to taxation. RESOLUTION PROPOSING THE CREATION OF THE FR,4NKLINVILLE FIRE PROTECTION SERVICE DISTRICT AND CAPPING SAID PROPOSED SERVICE DISTRICT TAX RATE AT FIFTEEN CENTS WHEREAS, North Carolina General Statute 153A-309.2 allows a County to establish a county service district for fire protection services with a tax rate limitation of fifteen (15) cents per one hundred dollar ($100) valuation; and WHEREAS, it has been requested that the Board of County Commissioners create a county service district for fire protection for the Franklinville Protection District; and WHEREAS, the Board has considered the population of the proposed district, the appraised value of property in the proposed district, the present tax rates in effect in the proposed district, the ability of the proposed district to sustain the taxing of the proposed district, and other matters that the Board deemed relevant; and WHEREAS, the Board, having considered such matters, makes the following findings: 1. There is a demonstrable need for providing fire protection services in the proposed Franklinville service district; and 2. It is impossible or impracticable to provide fire protection services on a countywide basis; and 3. It is economically feasible to provide fire protection services in the proposed Franklinville service district without unreasonable or burdensome annual tax levies; and 4. There is a demonstrable demand for fire protection services in the proposed Franklinville service district. 1/3/17 32 NOW, THEREFORE, BE IT RESOLVED, that the Board intends to pursue the creation of a county service district for fire protection that mirrors the existing Franklinville Protection District and therefore sets a public hearing on `•rte the matter for 6: 30 p. m. on March 6, 2017; and BE IT FURTHER RESOLVED that a report shall be prepared containing a map of the proposed district, a statement that the proposed district meets the findings contained herein, and a plan for providing fire service to the proposed district; and BE IT STILL FURTHER RESOLVED that, after the public hearing referenced above, if the proposed Franklinville county service district for fire protection is created, property taxes for fire protection within said district may not be levied in excess of a rate of fifteen (15) cents on each one hundred dollars ($100) of property subject to taxation. RESOL UTION PROPOSING THE CREATION OF THE JULIAN FIRE PROTECTION SER VICE DISTRICT AND CAPPING SAID PROPOSED SERVICE DISTRICT TAX RATE AT FIFTEEN CENTS WHEREAS, North Carolina General Statute 153A-309.2 allows a County to establish a county service district for fire protection services with a tax rate limitation of fifteen (15) cents per one hundred dollar ($100) valuation; and WHEREAS, it has been requested that the Board of County Commissioners create a county service district for fire protection for the Julian Protection1J District; and WHEREAS, the Board has considered the population of the proposed district, the appraised value of property in the proposed district, the present tax rates in effect in the proposed district, the ability of the proposed district to sustain the taxing of the proposed district, and other matters that the Board deemed relevant; and WHEREAS, the Board, having considered such matters, makes the following findings: 1. There is a demonstrable need for providing fire protection services in the proposed Julian service district; and 2. It is impossible or impracticable to provide fire protection services on a countywide basis; and 3. It is economically feasible to provide fire protection services in the proposed Julian service district without unreasonable or burdensome annual tax levies; and 4. There is a demonstrable demand for fire protection services in the proposed Julian service district. NOW, THEREFORE, BE IT RESOLVED, that the Board intends to pursue the creation of a county service district for fire protection that mirrors the 1/3/17 33 existing Julian Protection District and therefore sets a public hearing on the matter for 6: 30 p. m. on March 6, 2017; and BE IT FURTHER RESOLVED that a report shall be prepared containing a map of the proposed district, a statement that the proposed district meets the findings contained herein, and a plan for providing fire service to the proposed district; and BE IT STILL FURTHER RESOLVED that, after the public hearing referenced above, if the proposed Julian county service district for fire protection is created, property taxes for fire protection within said district may not be levied in excess of a rate of fifteen .(15) cents on each one hundred dollars ($100) of property subject to taxation. RESOL UTION PROPOSING THE CREATION OF THE TABERNACLE FIRE PROTECTION SER VICE DISTRICT AND CAPPING SAID PROPOSED SERVICE DISTRICT TAX RATE AT FIFTEEN CENTS WHEREAS, North Carolina General Statute 153A-309.2 allows a County to establish a county service district for fire protection services with a tax rate limitation of fifteen (15) cents per one hundred dollar ($100) valuation; and WHEREAS, it has been requested that the Board of County Commissioners create a county service district for fire protection for the Tabernacle Protection District; and WHEREAS, the Board has considered the population of the proposed district, the appraised value of property in the proposed district, the present tax rates in effect in the proposed district, the ability of the proposed district to sustain the taxing of the proposed district, and other matters that the Board deemed relevant; and WHEREAS, the Board, having considered such matters, makes the following findings: 1. There is a demonstrable need for providing fire protection services in the proposed Tabernacle service district; and 2. It is impossible or impracticable to provide fire protection services on a countywide basis; and 3. It is economically feasible to provide fire protection services in the proposed Tabernacle service district without unreasonable or burdensome annual tax levies; and 4. There is a demonstrable demand for fire protection services in the proposed Tabernacle service district. NOW, THEREFORE, BE IT RESOLVED, that the Board intends to pursue the creation of a county service district for fire protection that mirrors the existing Tabernacle Protection District and therefore sets a public hearing on the matter for 6:30 p. m. on March 6, 2017; and 1/3/17 34 BE IT FURTHER RESOLVED that a report shall be prepared containing a map of the proposed district, a statement that the proposed district meets the -14 findings contained herein, and a plan for providing fire service to the proposed district; and BE IT STILL FURTHER RESOLVED that, after the public hearing referenced above, if the proposed Tabernacle county service district for fire protection is created, property taxes for fire protection within said district may not be levied in excess of a rate of fifteen (1 S) cents on each one hundred dollars ($100) of property subject to taxation. RESOLUTION PROPOSING THE CREATION OF THE WESTSIDE FIRE PROTECTION SER VICE DISTRICT AND CAPPING SAID PROPOSED SERVICE DISTRICT TAX RATE AT FIFTEEN CENTS WHEREAS, North Carolina General Statute 153A-309.2 allows a County to establish a county service district for fire protection services with a tax rate limitation of fifteen (1 S) cents per one hundred dollar ($100) valuation; and WHEREAS, it has been requested that the Board of County Commissioners create a county service district for fire protection for the Westside Protection District; and WHEREAS, the Board has considered the population of the proposed district, the appraised value of property in the proposed district, the present tax rates in effect in the proposed district, the ability of the proposed district to sustain the taxing of the proposed district, and other matters that the Board deemed relevant; and WHEREAS, the Board, having considered such matters, makes the following findings: 1. There is a demonstrable need for providing fire protection services in the proposed Westside service district; and 2. It is impossible or impracticable to provide fire protection services on a countywide basis; and 3. It is economically feasible to provide fire protection services in the proposed Westside service district without unreasonable or burdensome annual tax levies; and 4. There is a demonstrable demand for fire protection services in the proposed Westside service district. NOW, THEREFORE, BE IT RESOLVED, that the Board intends to pursue the creation of a county service district for fire protection that mirrors the existing Westside Protection District and therefore sets a public hearing on the matter for 6: 30 p. m. on March 6, 2017; and BE IT FURTHER RESOLVED that a report shall be prepared containing a map of the proposed district, a statement that the proposed district meets the 1/3/17 35 findings contained herein, and a plan for providing fire service to the proposed kw district; and BE IT STILL FURTHER RESOLVED that, after the public hearing referenced above, if the proposed Westside county service district for fire protection is created, property taxes for fire protection within said district may not be levied in excess of a rate of fifteen (15) cents on each one hundred dollars ($100) of property subject to taxation. Approval to Donate Surplus Ambulance to Thomasville Police Department Emergency Services Director Donovan Davis stated that a representative from the Thomasville Police Department had asked if Randolph County had a surplus ambulance available for donation. They are in need of such vehicle to use as a crime scene investigation vehicle. Mr. Davis said the County has one surplus ambulance available that would be suitable for their need. It is a 2010 Chevrolet 4500 vehicle no longer fit for daily emergency response due to high mileage and age. He said historically, the County receives around $5,000 to $6,000 for a surplus ambulance at auction. Thomasville PD does have jurisdiction in Randolph County. Mr. Davis requested the Board consider declaring surplus and donating EMS -4, VIN # IGB9G5B65A1116862, to the Thomasville Police Department, as allowed under NC General Statute; and, to authorize the Purchasing Officer to sign and process the necessary documents. A resolution will need to be adopted to effectuate the process. On motion of Haywood, seconded by McDowell, the Board voted unanimously to adopt a resolution authorizing the donation of the surplus 2010 Chevrolet 4500 ambulance to the Thomasville Police Department, as follows: RESOLUTION DONATING SURPLUS VEHICLE TO THOMASVILLE POLICE DEPARTMENT WHEREAS, NCGS 160A-265 authorizes the Randolph County Board of Commissioners to dispose of surplus personal property and NCGS 160A-274 authorizes the donation to any other governmental unit by declaring it surplus and adopting a resolution; and WHEREAS, Randolph County has declared a 2010 Chevrolet 4500 (VIN#: I GB9G5B65AH 16862) as surplus on January 3, 2017; and WHEREAS, Randolph County has received a request from Thomasville Police Department to have this vehicle donated to them to be used as a crime scene investigation vehicle; and NOW, THEREFORE, BE IT RESOLVED that the Randolph County Board of Commissioners declare that this vehicle be donated to Thomasville Police Department. BE IT FURTHER RESOLVED that Lisa Garner, Purchasing Officer, is authorized to handle the transfer of this vehicle to Thomasville Police Department. Approval of Purchase of Furnishing for New Emerizency Services Headquarters 1/3/17 36 Emergency Services Director Donovan Davis stated that the new Emergency Services Headquarters facility is currently scheduled to be completed in March 2017. They have interviewed two different all-inclusive furnishing companies; Piedmont Office Suppliers (Greensboro, NC) and Contemporary Galleries (Salisbury, NC). Piedmont Office Suppliers provided a proposal on all furnishings under the NC State Contract. This includes desks, chairs, conference tables, drafting tables, shelving, etc. Contemporary Galleries also provided a proposal, but staff did not feel they met the qualifications. Furniture at the back-up facility on N. Fayetteville St. will remain there for back-up operations. Piedmont Office Suppliers, Inc. specializes in providing single source office solutions and has provided a quote of $164,454.19 to purchase, install, and set up the furniture in the new facility. Funds are allocated for this purchase in the Emergency Services Headquarters budget. On motion of Haywood, seconded by Kidd, the Board voted unanimously to approve the purchase of the furnishings for the Emergency Services Headquarters from Piedmont Office Suppliers, Inc., in the amount of $164,454.19. County Manager's Update County Manager Hal Johnson said he wanted to let the Board know about a process the County is undertaking regarding Business Continuity Planning that is part of the Enhanced Risk Management Program of the County. He explained that county government encompasses the provision of critical services to citizens involving substantial expenditures of public funds. The Business Continuity Plan is currently being developed by Department Heads and senior staff to ensure service is provided and funds protected in an unforeseen or disaster situation. He said there would be more information and an update at the planning retreat. County Manager Johnson informed the Board that the County had received a check from the City of Trinity for $10,500 from the Ennis Flint sewer project that the County had funded. The project came in under budget. County Manager Johnson complimented Attorney Ben Morgan on the handling of the closing of the Walker Avenue building and the Klaussner Furniture property. Chairman Allen stated Sandhills is very excited about moving forward with the Facility Based Crisis Center to be located on Walker Ave. Adjournment At 8:23 p.m., on motion of McDowell, seconded by Kidd, the Board voted unanimously to adjourn. David LAMM-, Chairman S aywood envy K d 1/3/17 Maxton McDowell C� �J Amanda Varner, Clerk to the Board 37 1/3/17