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050117May 1, 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, Frye, Haywood, Kidd and McDowell were present. Also present were County Manager Hal Johnson; Finance Officer Will Massie; County Attorney Ben Morgan; Amanda Varner, Clerk to the Board; and Dana Crisco, Deputy Clerk to the Board. Dr. Bob Shackleford, RCC President, gave the invocation and everyone recited the pledge of allegiance. Consent Agenda On motion of Haywood, seconded by Kidd, the Board voted unanimously to approve the Consent Agenda, as follows: • approve Board of Commissioner minutes of the 413117 regular meeting; • approve Budget Amendment #35 for Tax Refunds ($60.000). as follows: 2016-2017 Budget Ordinance General Fund—Budget Amendment #35 Revenues Increase Decrease Property Taxes $60,000 Appropriations Increase Decrease Tax $60,000 • approve Budget Amendment #36 for Occupancv Tax Distributions ($125.000). as follows: 2016-2017 Budget Ordinance General Fund—Budget Amendment #36 Revenues Increase Decrease Other Taxes $125,000 Appropriations Increase Decrease Other Economic and Physical Development Appropriations $125,000 • approve Budget Amendment #37 for Petty's Garage Golden Leaf Grant ($200,000), as follows: 2016-2017 Budget Ordinance General Fund—Budget Amendment #37 Revenues Increase Decrease Miscellaneous $200,000 Appropriations Increase Decrease Other Economic and Physical Development Appropriations $200,000 • approve Budget Amendment #38 for lease revenues from Northgate Plaza, as follows: 5/1/2017 2016-2017 Budget Ordinance General Fund—Budget Amendment #38 Revenues Increase Decrease Sales and Service $30,000 Appropriations Increase Decrease Public Buildings $30,000 • approve Site Development Proiect Ordinance Amendment #S ($100,000), as follows: 2016-2017 Budget Ordinance Site Development Capital Project Ordinance Budget Amendment #5 Revenues Increase Decrease Sales and Services $100,000 Appropriations Increase Decrease Miscellaneous $100,000 • reappoint Jane Gerringer to the Randolph County Nursing Home Community Advisory Committee; • appoint Ralph Modlin (presently an alternate) to replace Phil Ridge (resigned end of term) to the Randolph Planning & Zoning Board & Board of Adjustment; • appoint Hal Pugh and Dan Warren and reappoint Mac Whatley and Robyn Hankins to the Randolph County Historic Landmark Preservation Commission and reappoint Mac Whatley as Chairman to HLPC; • reappoint Gail McDowell and Vickie Cox to the Regional Partnership Workforce Development Board; • rates individual Board of Commissioner poll to set a special meeting for Monday, May 8, 2017, at 6:00 p.m. to hear recommendations made by the Strategic Planning Implementation Committee concerning possible funding for specific programs identified in the Strategic Plan; • Approve Lottery Applications for Randolph County Schools at $1,100, 000 (Providence Grove HS 2013E LOBS) and Asheboro City Schools at $300, 000 (Teachey School 2013E LOBS). Retirement Recognition Sandra Smith retired on April 1, 2017, with 32 years of service to the Emergency Services Department. Ms. Smith was recognized by Emergency Services Director Donovan Davis, after which, Chairman Allen presented Ms. Smith 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 and after hearing no comments, closed it. Piedmont Triad Rural Planning Organization (RPO) Update Piedmont Triad RPO Coordinator Kelly Larkins with the Piedmont Triad Regional Council presented an update and educational opportunity on the Rural Planning Organization. He 5/1/2017 discussed that it took several organizations working together in planning for transportation matters. In North Carolina there are 19 Rural Planning Organizations (RPO), 19 Metropolitan Planning Organizations (MPO), 14 NCDOT Divisions, 97 community & regional transit providers, 754 counties & municipalities, and a population of approximately 10 million people. The purpose of an RPO is to plan rural transportation systems, provide consistent opportunities for involvement in decision making, serve as a resource for information, provide technical assistance, speak with a unified voice, fulfill a role that NCDOT could not, and to meet a Federal requirement. The four core duties of RPOs are to develop long range transportation plans, collect and analyze transportation data, develop and prioritize projects, and to provide a forum for public involvement. The NCDOT uses a transparent, data -driven method for prioritizing transportation investment decisions. Based on approved criteria such as safety, congestion, benefit -cost, and local priorities, projects are submitted to NCDOT to be scored and ranked at the statewide, regional and division levels for prioritization. These scores and other factors are used to determine whether a project receives funding. He then reviewed the prioritized funded upcoming transportation projects and gave an update on current highway and bridge projects in Randolph County. Keep Randolph County Beautiful (KRCB) Update Bob Langston, Interpretive Specialist and Outreach Coordinator at the NC Zoo, said that since completing the initial Accreditation with Keep America Beautiful on May 18th of 2016, Keep Randolph County Beautiful has been quite active. The goals adhere to those of Keep America Beautiful as they seek to promote healthy water and land resources through litter reduction, improved recycling efforts and community beautification projects. He recognized the County's Public Works Director Paxton Arthurs who is the KRCB Board Chair. He listed the accomplishments of KRCB, as follows: • Conducted 37 litter reduction and recycling programs that have engaged 2,634 participants and removed 76,954 pounds of material from inappropriate disposal. • Conducted three large scale recycling collections that included electronics, plastics, medicines, paper shredding, hazardous household waste and pesticides. • Participated in a beautification project planting 45 trees in the Stout Street Park in Randleman. • Secured a grant from Dr. Pepper/Snapple to acquire 10 recycling containers for locations around Randleman including Stout Street Park, Commerce Square and the Deep River Nature Trail Park. • Conducted annual Litter Appearance Inventory (March 4) in compliance with KAB Guidelines while engaging nine youth and six adults. • The Executive Director attended the National KAB Conference in January securing all necessary training credentials. • KRCB was also recognized with a Presidents Circle Citation for record keeping and compliance. 5/1/2017 • Members of the Executive Committee staffed a booth both days of the Asheboro Fall Festival to promote the KRCB mission and programs. • Conducted two clean up days for the downtown Asheboro area so far. Had 22 participants that have removed 65 lbs. of litter from downtown. The next day is set for May 13th. Joel McCloskey of Four Saints is the primary sponsor along with the Table Restaurant. He said these are among the highlights but do not include all of their actions across the county. He looks forward to continued growth in the coming years. Property Realignment Between County/ NCRR/ & GRMF County Manager Hal Johnson said that over the past several months that he along with Chairman Allen and Vice -Chairman Frye have been meeting with representatives of the North Carolina Railroad (NCRR) and the Greensboro/Randolph Megasite Foundation (GRMF) to facilitate a possible land exchange agreement of selected properties within the boundary of the Greensboro/Randolph Megasite. All the properties under consideration are subject to the Megasite Project Owners Multi -Party Agreement which is an agreement between Randolph County, the North Carolina Railroad Company, and the Greensboro/Randolph Megasite Foundation. It sets forth the three property owners' mutual understanding and obligations with respect to the joint development and marketing of the properties within the Greensboro/Randolph Megasite boundaries. This joint mega industry marketing period has a six-year term with automatic renewal for three years as long as no partner gives written notice 120 days prior to expiration of the six year marketing period. The reconfiguration and exchange of certain properties will benefit the megasite property owners (Randolph County, NCRR, & GRMF) by improving the marketability of the total site with the ultimate goal of facilitating economic development and job growth for Randolph County and this region of North Carolina. The reconfiguration would also increase the marketability of each owner's properties in the event the Property Owners Development Agreement expires in six to nine years and each owner seeks to develop its land individually. In order to achieve the reconfiguration, Randolph County will evenly exchange selected properties that it owns for certain properties owned by, or to be acquired by, the NCRR. The values listed are County tax appraisal land values. It is the intent of the County and the NCRR that any structures on the properties will be removed by the current owner prior to or subsequent to the final closing. The total acreage of NCRR and GRMF owned parcels being offered to Randolph County is 79.30 acres at a total value of $388,282 with a per acre tax value of $4,896. The total acreage of Randolph County owned parcels to be transferred to the NCRR is 98.40 acres at a total value of $335,709 with per acre tax value of $3,412. A land exchange agreement was presented to the Board and Mr. Johnson highlighted some of its points. There is a termination option allowing either party to terminate the agreement within 60 days of this agreement. New surveys will need to be taken and the costs will be split between the County and the NCRR. Regarding the existing structures and improvements, the parties 5/1/2017 agree that all houses, buildings, barns, sheds, mobile homes and trailers, any water wells, and any personal property such as vehicles, debris, scrap, etc. that exist on any parcels the day of closing shall remain the property of the party who owns such property as of the date of this Agreement and at the sole cost and expense of such party, shall be demolished and removed from the site, and in the case of water wells shall be properly abandoned in accordance with applicable local and state regulations no later than November 1, 2017. Mr. Johnson stated that the County is responsible for the proper closing of septic tanks and wells on County property. The County has applied for a grant to help with the costs of closing the abandoned wells. If there are wells that pose an imminent hazard, he said the County could go ahead and address those while waiting for a response on the grant application. The Fire Marshal is coordinating "controlled burns" with area fire departments for practice and to remove the remaining residential structures on County property. Mr. Johnson said the debris on Foundation, NCRR and County properties that were mentioned during the April 3rd public comment period have been cleaned up. (Individual parcel information, land exchange agreement [reviewed and approved by legal staffs], and the resolution necessary to approve the land exchange was also presented. Key details are part of the resolution to be adopted.) At 6:54 p.m., the Board adjourned to a duly advertised public hearing to receive public comment on a land exchange agreement that will result in the County's acquisition and disposition of real property by exchange of certain properties owned by the County for certain properties owned by North Carolina Railroad Holdings I, LLC (the "NCRR") pursuant to the provisions contained in North Carolina General Statutes § 158-7.1(b) and (d) and § 160A-271. Bobby Ferguson, 8703 Old 421, Julian, shared some thoughts about the swapping of land. Mr. Ferguson said he understood the need for contiguous properties and believes that is valuable. He said the downside would be that the County would be giving up approximately 3,300 feet of railroad frontage; "the very thing that was considered leverage for the County in the beginning. If that was important two years ago, why is it not important now?" He said from a megasite point of view, the County has a lesser stake, lesser valued property, and has been pushed aside. He also stated that Randolph County doesn't have to be a party in this swap. The NCRR could purchase properties from the Foundation, in turn providing the funding that the Foundation needs. He had questions that he felt have answers that were not being communicated to the people. What does this do to the County in nine years? How will the County market it and how will one gain access into the property from a major interstate as most will not want to cross a railroad track? If the County markets the property, how will it obtain utilities to it? He said the Foundation needs money to purchase powerline right of ways in order to get the property certified by the State of NC; but he agreed that the process needed to move forward. Mr. Ferguson said he is frustrated and feels that citizens do not get the full information from the Commissioners which then creates a level of distrust. He said he doesn't see any negative of this land swap in the short term but believes Randolph County will get hurt in the long term. He encouraged them to delay this swap as it wasn't critical right now. He questioned the purpose of verbiage in the resolution regarding the probable average hourly wage of $34.13 per hour to be paid to workers by the business(es) targeted to be located on the 5/1/2017 properties. He said he doesn't believe that is a correct amount. "That was the result of one study." Mr. Ferguson also requested that Randolph County provide appropriate legal documentation removing the easement from the deed on parcel 8718237946 belonging to him and his sister if and before Randolph County transfers the land to the NCRR. He stated that the NCRR owns hundreds of acres adjacent to parcels 8718333976, 8718337986 and 8718435778 and will no longer need an easement across Mr. Ferguson and Ms. Stephens' property to Browns Meadow Road. He said there never has been a road built across these parcels. Commissioner McDowell asked for clarification on the statement that the County didn't have to participate. Mr. Ferguson stated again that the Railroad could purchase properties from the Foundation to generate funding needed to continue the certification process. Commissioner Frye stated that if that happened it would negate the contiguous benefit for the County. He said he had talked at length to Mr. Bobby Ferguson about his request to relinquish the easement and Mr. Frye stated he doesn't have a problem with the request before the transfer of properties. Alan Ferguson, 4794 Troy Smith Rd., Liberty, stated that this "extraordinary project" has been going on for five years and he opposed the wage rate being stated and included in the resolution since the beginning of the project. He stated that if the County is going to enter into a project, then the facts need to be correct. He stated he agreed with having contiguous property but that you only need contiguous property "if you are a real estate developer and the County is becoming one with regards to this property. If you're going to be one, then the resolution and facts need to be correct. If we're going to enter into an extraordinary project here and do extraordinary things, then we need to know that we are getting extraordinary results." He said he looked up the national average as of March on the Bureau of Labor Statistics Data and it states the average hourly earnings of production and nonsupervisory employees of motor vehicles and parts to be $24.34 and for production of motor vehicle parts only to be $19.49. He said he couldn't speak to the agreement as he hasn't seen it but that it sounded like Randolph County was putting more money into this project as he heard the words "platting, wells, and septic." He stated that he is in the "property business" and knows what these things cost. "Beware of the slippery slope of paying more and more money towards this project." Mr. Ferguson stated, "I know this was not Randolph's idea. I know somebody asked Randolph to participate in doing this and I am fairly sure somebody's asking Randolph to pay for this platting, the wells and the septic to go on out there and I don't know what else, but I've been right all along the way and I'll bet I'm right again in saying that there will be more beyond today that you'll be asked to pay for." 5/1/2017 Jimmy Shelton, 4948 Troy Smith Rd., Liberty, said he has heard that the NCRR and the Foundation are the ones that instigated the request for the swap. He said he doesn't like the County losing acreage in this swap and stated that it should be more equal or the County should have more acreage instead land with higher tax value. At 7:30 p.m., hearing no further comments, the public hearing was closed. Chairman Allen stated that when the County purchased the properties, he voted against it twice; once because of the scattered nature of the properties. He said he'd like to be in the position where the Railroad is because it has the nicest property, but the County wasn't given the opportunity to purchase that. He said from his standpoint, he wanted to know what "plan V was and that Randolph County can't afford to not have one because this site does not have a certainty to draw an automobile manufacturer. If the County tried to market the property on the right side with the various owners, there isn't much to offer. Chairman Allen then addressed Mr. Shelton's comments regarding the number of acres stating that tax value does have something to do with the land. Chairman Allen stated that the County was getting more for its money in the swap. Chairman Allen continued with replies to comments made during the hearing in hopes to clear up some questions. In relation to the wells, there are a lot more wells on the properties the County is acquiring that will be the responsibility of the other parties to close. He said in regards to the shallow properties along the railroad at the top of the map, those properties are so narrow that the County does not get any benefit from them for rail siding. "Rail frontage doesn't do any good if you don't have additional property to go along with it." Something requiring rail frontage will need more space to maneuver than what is available on those pieces. He said the swap certainly helps the NCRR but it also helps Randolph County with a "plan b." Chairman Allen said he knows there will be some ancillary costs along with the swap but the County isn't paying anything out of pocket for the properties; what the NCRR and the Foundation does is between them. He said his responsibility to the County is to put the County in the best position that it can be in, whether or not this property moves forward as a megasite or whether it has to be marketed as separate properties. Chairman Allen said the agreement mentions easements for the County through Railroad property that can be negotiated to obtain some roadway and rail frontage to avoid the use of Troy Smith Road or crossing the tracks. Commissioner Frye said the initial conversation of property swapping began between the Foundation and the County, but the Railroad had several smaller parcels in the right section that the County wanted to square up to one larger piece and make it contiguous so the County brought the Railroad into the discussion. 5/1/2017 Commissioner Frye replied to comments regarding costs that were mentioned stating properties have to be cleaned up. He said both Bobby and Alan Ferguson have mentioned it during comments. He explained that the County gets revenue from the three cell towers located on the property that can be used for the cleanup costs. He reminded that County Manager Johnson mentioned in his presentation that the County was applying for grant monies for the closure of abandoned wells. Commissioner Frye said the scattered properties in the original agreement had to do with the original property owners and when they wanted to sell or be paid. The first properties the County acquired were the ones with expiring options. "It was important for Randolph County to show interest and support the project or no one else would have." He said the County's investment has leveraged nearly $50 million including water and sewer with the Golden LEAF Foundation monies, the Railroad, and the Bryan Foundation monies through the Megasite Foundation to help push the project forward. Commissioner Frye asked County Attorneys Morgan and Scotton to see if the agreement could be revised to allow the release of the easement for Mr. Bobby Ferguson in the conveyance of the property to NCRR. Mr. Morgan said the current agreement states that all parties would have to agree. Both Commissioner Allen and Frye said the other parties are aware of the request and they have heard no objections from the parties. Commissioner Frye said he would like to add that as a stipulation for the County's swap and Commissioner Haywood and Allen agreed. County Manager Hal Johnson explained the clean-up process by stating that the removal of structures, debris, closing of wells and septic systems, and removal of stumps and trees would be paid for from the cell tower revenues and the grant the County is hoping to be awarded from NC Soil and Water. Commissioner Haywood asked if there was an estimate on the costs and Mr. Johnson replied $25,000-$30,000 on the wells and septic tanks, but no estimate on the removal of stumps and trees yet. Commissioner McDowell asked if the shared costs referred to in Mr. Johnson's presentation were for legal costs and Mr. Johnson stated it was just for the surveys. He then asked how long the County would be receiving funds from the cell towers. Finance Officer Will Massie said the Verizon Tower agreement runs out in August and the other two have a year and a half left. If they want to stay, the agreements would be renegotiated. Commissioner Frye stated the County could find another company that wants to use the tower. Commissioner Kidd asked if the towers generate enough to cover the expenses of cleaning up. Mr. Massie said the current income from the towers is around $90,000 a year. Commissioner Kidd then asked about the title, plat and deed expenses. County Attorney Morgan said the legal fees would be close to $5,000 plus the fees of the survey, title, plat and deed expenses. Commissioner Frye stated there is more than enough already earmarked from the towers to pay for these fees. Commissioner Kidd stated that he too wanted a marketable "plan V because that is best for the people of Randolph County but still has concerns of why the swap is being done right now. 5/1/2017 Commissioner Frye replied that there is no "plan V without the swapping of some property to make something marketable. Commissioner Kidd said he was conflicted because he doesn't want to "spend any more money on this project, at all, from the taxpayers" but that it makes him feel better that it is coming from income of the cell towers. Commissioner Haywood asked if the County had to resort to "plan b," could the County still tap onto the water and sewer from Greensboro. Commissioner Frye replied, yes, Greensboro wants to sell water and it is part of the agreement. Commissioner Frye made a motion to approve the property swap and amend the resolution in order to relinquish the easement on parcel numbers 8718333976, 8718337986 and 8718435778. Commissioner Haywood seconded the motion. Commissioner McDowell asked for clarification as to why the wage statement is in the resolution that was presented to effectuate the purchase and whether the County should state how much money a person could make. Associate County Attorney Aimee Scotton addressed the Board with the explanation. She said the County is operating under three different legal provisions. Because the property had been bought and held for economic development, two provisions of NCGS 158-7.1 have to be followed; 158-7.1(c) for acquisition of property for economic development and the provisions in 158-7.1(d) for disposing of them. Section (d) requires that when you do that, you state the probable average hourly wage to be paid to workers by the business to be located there. She added that in David Lawrence's book from the UNC School of Government on economic development, he said if you don't have a business wanting to locate there yet, best practice is to state a probable average hourly wage for that type of business. Ms. Scotton said that the Board can use Mr. Alan Ferguson's number if they wished as it doesn't commit the County to anything. She had obtained her information from Ms. Renfro at the Economic Development Corporation. Commissioner Frye said he would like to propose amending the average hourly wage in the resolution to the conservative $19.49 since it doesn't commit the County to anything. Commissioner Kidd asked if they needed to state the source in the resolution and Ms. Scotton replied that would be beneficial. Commissioner Haywood said he would concur with Commissioner Frye's request to change the hourly wage in the resolution. On motion of Frye, seconded by Haywood, the Board voted unanimously to adopt the amended resolution approving the exchange of property and authorize the Chairman to sign the amended land exchange agreement and any documents to effectuate the closing, as follows: RESOL UTION A UTHORIZING EXCHANGE OF PROPERTY WHEREAS, Randolph County owns the following tracts of land (County Properties): • All of that parcel sometimes referred to as megasite parcel 3 and identified by property tax identification number 8 71833 7986, comprised of approximately 7.78 5/1/2017 acres and more particularly described in deed filed in deed book 2436, page 465, Randolph County Registry. The property has a tax value of $50,230.00. • All of that parcel sometimes referred to as megasite parcel 12 and identified by property tax identification number 8718333976, comprised of approximately 3.86 acres more or less and more particularly described as Tract I in deed filed in deed book 2439, page 1201 of the Randolph County Registry. The property has a tax value of $13,440. 00. • All of that parcel sometimes referred to as megasite parcel 12 and identified by property tax identification number 8718435778, comprised of approximately 3.90 acres more or less and more particularly described as Tract 2 in deed filed in deed book 2439, page 1201 of the Randolph County Registry. The property has a tax value of $22,250.00. • All of that parcel sometimes referred to as megasite parcel 7 (southern) and identified by property tax identification number 8718519048, comprised of approximately 39.31 acres more or less and more particularly described as Tract 2 in deed filed in deed book 2436, page 1042 of the Randolph County Registry. The property has a tax value of $118,280.00. • A portion, consisting of approximately 27.93 acres of the western portion of that parcel sometimes referred to as megasite parcel 7 (northern) and identified by property tax identification number 8718629905, the entire parcel being comprised of 59.62 acres more of less and being more particularly described as Tract I in deed recorded in deed book 2436, page 1042 of the Randolph County Registry. The parcel has a per acre tax value of $2,835. 00, making the value of the portion to be conveyed approximately $79,182.00. • A portion, consisting of approximately 15.62 acres of the western portion of that parcel sometimes referred to as megasite parcel 6 and identified by property tax identification number 8718622185, the entire parcel being comprised of 22.54 acres more or less and being more particularly described in deed recorded in deed book 2436, page 858 of the Randolph County Registry. The parcel has a per acre tax value of $3350.00, making the value of the portion to be conveyed approximately $52,32 7. 00. WHEREAS; the tax values of the County Properties total $335,709. 00; and WHEREAS; North Carolina Railroad Holdings I LLC (NCRR) owns or shall acquire the following tracts of land (NCRR Properties): • All of that parcel sometimes referred to as part of megasite parcel 67 and identified by property tax identification number 8718821157, comprised of approximately 1. 00 acres more or less and being more particularly described as Tract I in a deed recorded in deed book 2503, page 1263 of the Randolph County Registry. The parcel has a tax value of $15, 000.00. • All of that parcel sometimes referred to as part of megasite parcel 67 and identified by property tax identification number 8718820192, comprised of approximately 11. 13 acres more or less and being more particularly described as 5/1/2017 Tract 2 in a deed recorded in deed book 2503, page 1263 of the Randolph County Registry. The parcel has a tax value of $38,960.00. • All of that parcel sometimes referred to as part of megasite parcel 67 and identified by property tax identification number 8718712763, comprised of approximately 21.26 acres more or less and being more particularly described as Tract 3 in a deed recorded in deed book 2503, page 1263 of the Randolph County Registry. The parcel has a tax value of $53,150.00. • All of that parcel sometimes referred to as megasite parcel 92 and identified by property tax identification number 8718809618, comprised of approximately 2. 11 acres more or less and being more particularly described in a deed recorded in deed book 2480, page 1144 of the Randolph County Registry. The parcel has a tax value of $25,550. 00. • All of that parcel sometimes referred to as megasite parcel 64 and identified by property tax identification number 8718807740, comprised of approximately 2.41 acres more or less and being more particularly described in a deed recorded in deed book 2474, page 1657 of the Randolph County Registry. The parcel has a tax value of $26,700. 00. • All of that parcel sometimes referred to as megasite parcel 65 and identified by property tax identification number 8718809167, comprised of approximately 3.30 acres more or less and being more particularly described in a deed recorded in deed book 2476, page 468 of the Randolph County Registry. The parcel has a tax value of $16,43 0. 00. • All of that parcel sometimes referred to as megasite parcel 63 and identified by property tax identification number 8718911708, comprised of approximately 6.19 acres more or less and being more particularly described in a deed recorded in deed book 2371, page 166 of the Randolph County Registry. The parcel has a tax value of $45,950.00. Note that this parcel is currently owned by Able Swordplay, LLC but will be purchased by the Greensboro -Randolph Megasite Foundation, Inc. and will be included in the transfer of properties from the Foundation to the NCRR pursuant to the land exchange agreement referenced below. • All of that parcel sometimes referred to as megasite parcel 42 and identified by property tax identification number 8717793706, comprised of approximately 12.42 acres more or less and being more particularly described in a deed recorded in deed book 2504, page 1576 of the Randolph County Registry. The parcel has a tax value of $46,580. 00. • All of that parcel sometimes referred to as megasite parcel 44 and identified by property tax identification number 8717795560, comprised of approximately 4. 00 acres more or less and being more particularly described in a deed recorded in deed book 2504, page 1593 of the Randolph County Registry. The parcel has a tax value of $14, 000.00. • All of that parcel sometimes referred to as megasite parcel 46 and identified by property tax identification number 8 7177932 76, comprised of approximately 1. 23 5/1/2017 acres more or less and being more particularly described in a deed recorded in deed book 2504, page 1602 of the Randolph County Registry. The parcel has a tax value of $4,310. 00. • All of that parcel sometimes referred to as megasite parcel 41 and identified by property tax identification number 8717893205, comprised of approximately 7.97 acres more or less and being more particularly described in a deed recorded in deed book 2504, page 1567 of the Randolph County Registry. The parcel has a tax value of $69,850. 00. • A portion, consisting of approximately 6.28 acres of the northern portion of that parcel sometimes referred to as megasite parcel 45 and identified by property tax identification number 8717786954, the entire parcel being comprised of 36.81 acres more or less and being more particularly described in deed recorded in deed book 2504, page 1602 of the Randolph County Registry. The parcel has a per acre tax value of $5,064. 00, making the value of the portion to be conveyed approximately $31,802. 00. WHEREAS; the tax values of the NCRR Properties total $388,282.00; and WHEREAS; the above -referenced properties are all part of that property commonly known as the Greensboro -Randolph Megasite property; and WHEREAS; the County and the NCRR desire to reconfigure these properties in order to improve the value of these properties and adjacent parcels and to facilitate economic development and job growth; and WHEREAS; in order to achieve such reconfiguration, the County and the NCRR wish to make an even exchange of the above -referenced properties in accordance with a Land Exchange Agreement by and among the County, the NCRR and the Greensboro - Randolph Megasite Foundation, Inc.; and WHEREAS; North Carolina General Statutes 160A-271 authorizes the County to make such an exchange if authorized by the Board of County Commissioners by a resolution adopted at a regular meeting of the board upon at least 10 days' public notice; and WHEREAS; North Carolina General Statute 158-7.1 authorizes the County to acquire and dispose of real property held for economic development upon approval of the Board of County Commissioners after a public hearing held upon at least 10 days' public notice, provided the County obtains full value for the interest being conveyed and provided the County determines the probable average hourly wage to be paid to workers by businesses targeted to be located at the property; and WHEREAS; the properties are being marketed, together with other properties, as the Greensboro -Randolph Megasite, to attract advanced manufacturing entities, with an eye to the automotive industry; and WHEREAS; according to the United States Bureau of Economic Statistics, the average wage of existing vehicle and assembly parts sector jobs in NC is $40,539, or $19.49 per hour based on 2080 hours per annum this figure is taken from Bureau of Labor Statistics completed in February 2017); and WHEREAS; the County has given the required public notice, held the required public hearing, and the Board of County Commissioners is convened in a regular meeting. 5/1/2017 THEREFORE, THE RANDOLPH COUNTY BOARD OF COMMISSIONERS RESOLVES THAT: 1. The Randolph County Board of Commissioners determines that the probable average hourly wage to be paid to workers by the business(es) targeted to be located on the properties is $19.49 per hour per the recent update by the Bureau ofLabor Statistics. 2. The exchange of properties between the County and the NCRR, as described above, is authorized with the following exception: In the legal descriptions of the properties sometimes identified as megasite parcel 3 (property tax identification number 8718337986) and megasite parcel 12 (property tax identification numbers 8718333976 and 8718435778), there is reference to a 30 foot nonexclusive perpetual easement. This easement shall not be included in this exchange. 3. The appropriate county officials are directed to execute the appropriate instruments necessary to carry out the exchange. Rezoning Public Hearing At 7:55 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. DON LANIER, Asheboro, North Carolina, is requesting that 41.42 acres located on Cable Creek Road, Cedar Grove Township, be rezoned from RR to CVOE-CD. Tax ID#'s 7730248894, 7730153182, and 7730156118. Secondary Growth Area. The proposed Conditional Zoning District would specifically allow the development of a 23 -lot residential subdivision for site -built homes with a minimum house size of 1,300 sq. ft. Property Owners - James & Sue Ellen Lowe. The Planning Board reviewed this request at public meeting on April 4, 2017, 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: Policv 6.13 Conventional Residential subdivisions are anticipated of similar housing characteristics to the community. Policv 6.14 Residential subdivisions should, in order to promote efficiencies in the delivery of urban services, be encouraged to develop in a fashion which minimizes "leap frog" development (i.e. leaving large vacant areas between developments). Commissioner Frye asked if any wetlands were involved in the request. Mr. Dale said there is a stream running through parts of the property and wetlands were identified on the map to the south of the property and west on the property. Mr. Dale passed around a folder of pictures and documentation for the Board to review that was presented at the Planning Board meeting. (These will remain with the Planning Board files for future reference.) He said the pictures depict past flooding in the area of Glade Road and Back Creek Road. 5/1/2017 Commissioner Haywood asked how often flooding occurred. Mr. Dale said according to information given by the citizens who live in the area, it will range from water ponding in yards to flooding when there is significant rain but no watershed or floodplain has been identified. Commissioner Frye asked about the easement from Glade Road that was visible on the satellite image map with the requested property outlined in red. Mr. Dale stated that Mr. Lanier would be able to answer questions regarding the easement. Developer Don Lanier, PO Box 383, Asheboro, stated that the rezoning request is for a subdivision containing 22 smaller lots accessed from a new street and one large lot at the back of the property which would be accessed from Glade Road. The subdivision would require site - built homes (no off -frame or modular) of at least 1,300 sq. ft. He said the original owner Mr. Lowe, who is deceased, intended for the development to be a u -shape upon completion and due to the stream that cuts in on the tracts at the end of the cul-de-sac, planned ahead for the connector from Glade Road into what is now lot 23 of the new subdivision. Mr. Lanier said after doing new soil work and a study of the area, a determination was made that it was better to stop the street short and use the 50' access from Glade to access the back acreage. To Mr. Lanier's knowledge, nothing in the area had been established as a 100 -year flood plain. He added that the flooding being discussed is not on this property but on the adjoining tracts to the south which are located on Glade Road. He referred to the color plat stating that four of the approximately eight homes on the western -most end of Glade Road are very close to the existing creek. He said he realizes they have water issues and in an "attempt to work with the existing landowners and in good faith as a developer," he proposed constructing an earthen berm on the southern lots of the new subdivision to divert water from lots two through twelve away from Glade Road residents. He said he and the engineer have discussed road construction that would also divert water away from the south side of the property and the neighbors on Glade Road. Chairman Allen asked if there was any flooding in the Winding Woods subdivision located to the north. Mr. Lanier said not that has been brought to his attention but said there probably are raised levels in the streams that flow around the end of it during heavy rains. Mr. Lanier said they would follow procedures to meet all standards by installing engineer designed streets, involving the NC Department of Environment and Natural Resources (NCDENR) on erosion control, and working with the Division of Water Quality. Mr. Lanier added that they have also submitted protective/restrictive covenants for the properties such as fencing specifications, types of dogs allowed, and no large tractor trailer type trucks parked on the street. Mr. Lanier asked to speak again at the end of the public hearing to address, respond or clear UP any questions. Rick Powell, 1058 Cable Creek Rd., Asheboro, spoke in opposition to the request. He stated he is in favor of strategic growth but what he saw was "plowing up an agriculture field and planting houses." He said he looked up information about the County's Secondary Growth Area and found that innovative and flexible land planning techniques should be supported as a means 5/1/2017 of encouraging development configurations which are more desirable and which may better safeguard existing natural land and water resources. He said he was also concerned about the piling up of dirt to create a berm. Mr. Powell said Mr. Lanier is a fine gentleman. Mr. Powell's son built a house three years ago in a subdivision created by Mr. Lanier and that it is still the only house located there. His son repeatedly asks for the area to be mowed. When it grows up in weeds, Mr. Powell's son has resorted to mowing parts of it himself to keep it neat. "It looks abandoned. That does not enhance our community and strategic growth." Andy Saddlemire, 2533 Glade Rd., Asheboro, spoke in opposition of the rezoning request and expressed concerns with flooding issues in his neighborhood which borders the property being considered. He was concerned the proposed development would intensify the flooding on Glade Road. He stated that the property was Rich's Brickyard for many years in the early 1900s and bricks are still often found. He was concerned with water quality due to toxic chemicals used in brick manufacturing and coal that was used to heat the four large kilns. Mr. Saddlemire stated that the State is currently testing water from six of the wells on Glade Road because three of them have a bad smell and taste. Due to reported dangers of coal ash, Mr. Saddlemire was concerned about not knowing what was done with the coal ash used to heat the kilns. He asked that the Board not make any decisions until test results are returned. He provided a copy of a letter from NC Waste Management/Environmental Quality notifying him that they are investigating potential groundwater contamination and asked for permission to test samples from his well. John Murray, 2320 Glade Rd., Asheboro, NC, also in opposition, said he was concerned with water runoff from the proposed subdivision. He also spoke of bricks being found in the Glade Road area. Mike York, 2448 Glade Rd. Asheboro, NC, said he lives due south of the proposed lot 412. His property is the lowest point from the field proposed for rezoning. Mr. York said that when Mr. Lowe built his home, Mr. Lowe had concerns of moisture because other homes on the road had experienced the same issues and then went to great extents to build the house up off the ground and back filled with a lot of dirt. Mr. York and his dad added a six-inch drain at the back of his property to try to catch and reroute water away from his property that was coming from the field. "A berm will redirect but it will not send water uphill." Georgene Saddlemire, 2533 Glade Rd., Asheboro, said she is not opposed to subdivisions but is opposed to what she is seeing happening on Glade Road. She stated, "We need to do what is right." George Porpeglia, 2532 Glade Rd., Asheboro, said in all fairness, Mr. Lanier didn't have anything to do with the Glade Road development. There are existing water problems and Mr. Porpeglia asked the Board to consider those when making decisions that could increase the problems. 5/1/2017 Chad Rayle, 2507 Glade Rd., Asheboro, said he was concerned that the rerouting of more water to the creek would increase flooding possibilities. He said he didn't think it was fair to build another subdivision that could possibly damage the properties of others already in the area. Chairman Allen asked Mr. Lanier if he wanted to address any of the comments. Mr. Lanier said he would like to address the water issue. He said he had proposed water diversion and consulted with civil engineers Summey Engineering Associates to design a land plan that would route water to the end of the cul-de-sac instead of toward any existing homes. He stated they are doing a lot of work to address any possible erosion and water issues. He asked Mr. Summey to speak and address any concerns regarding the water plan. H. Mack Summey, Jr., 1299 Summey Town Rd., Asheboro, of Summey Engineering Association, presented a copy of the land plan he designed for the subdivision. (Exhibit A - attached to these minutes.) He stated he had been working with subdivision plans for nearly 29 years; his specialty is civil design and his expertise is in stormwater. He said he has studied the topography of this parcel and Mr. Lanier had provided him the concerns that were heard at the Planning Board hearing. The street could be designed to have a crown or be elevated to divert water in any direction. If the street was crowned, ditches would be on both sides of the street and a pipe would be installed at the end of the street to divert water into the stream at the west end of the subdivision. A grassy "retention pond" had been proposed in a vacant lot on the north side of Glade Road to catch any additional flow. He said when he designs for a project, he puts himself "in the shoes of those it will affect." He drove through Glade Road and commented how nice the homes and yards were in the development. He said he wouldn't want to be the one to cause anyone's homes to be flooded or their property to be devalued. He said he takes pride in his work. Commissioner Frye asked if the retention pond would be likely to have standing water all the time and Mr. Summey said that it would not if it was built correctly. Commissioner Frye asked Mr. Dale if there had ever been a request for developing this property before. Mr. Dale said there had not been and that most of the development in this area was done before zoning was established. Mr. Dale added that Randolph County does have stormwater and watershed programs. These were established when Mr. Johnson was the Planning Director; both passed all certifications "with flying colors" and they exceed most of the state standards. Mr. Dale also advised the Board that he explained to the residents they could talk with someone at the State about the creek and flooding. If the State moves the flood lines and the property goes into a flood zone, the residents would need to be aware that any properties that touch it will then be subject to flood insurance which would be very expensive. Commissioner McDowell stated there are still a lot of unanswered questions. He said he didn't hear the residents say they didn't want the subdivision; they want to find a way to protect their properties. He said he felt it premature to make a decision at this time without further information. 5/1/2017 A motion was made by Commissioner McDowell to table the request until the applicant is able to provide some answers to the resident's questions. Commissioner Frye seconded the motion for discussion. Commissioner Frye asked, "If the request was denied and the applicant made a significant change to the proposal, would they have to wait a year before making another request?" County Attorney Ben Morgan replied that if the change was significant, the applicant does not have to wait a year. Chairman Allen said his concern is not having the results of the water quality test that the state's Environmental Quality division is doing. Also the construction of sediment ponds and berms concern him because they would need maintenance and no plan was presented for doing that. Commissioner Kidd asked Mr. Morgan if Mr. Lanier could make changes to the site plan if the request was tabled. Mr. Morgan replied that Mr. Lanier could bring additional evidence if tabled but couldn't amend the site plan. He said the Board could ask for the results of the well testing or other specific information in order to make a decision. Mr. Lanier would need to submit a new site plan if he wanted to make any changes. Commissioner Haywood asked if the request was delayed, how long should they allow and when would they hear an update. Commissioner Frye stated he didn't expect it to be next month. Commissioner Kidd said since Mr. Lanier can't physically change anything on the site plan then he wasn't sure he could vote for it like it was presented. Commissioner Frye said that if the Board wanted to deny the request, Mr. Lanier could make changes to the site plan and come back at any time. The Board would decide if they were significant changes or not. Chairman Allen asked Commissioner McDowell if he wanted to withdraw his motion and he declined. Chairman Allen called for the vote. Commissioner McDowell voted to table the request and Commissioners Allen, Frye, Haywood and Kidd opposed. Chairman Allen asked if anyone wanted to make another motion. On motion ofKidd, seconded by Frye, the Board voted four (4) to one (1), with Commissioner McDowell opposing, to deny the request of Donald Lanier as determined inconsistent with the standards and policies contained within the Growth Management Plan and having further found from information and testimony provided at public hearing, that the proposed rezoning is unreasonable and not in the public interest. The Randolph County Board of Commissioners found the following policies within the 2009 Growth Management Plan that support the reason of denial: 5/1/2017 Policy 2.14 The County should encourage the use of rural lot subdivision designs in those areas where it is found necessary to maximize the infiltration of precipitation to a private well water field and ensure sustainable groundwater supplies. Policy 7.12 The County should clearly define land areas that are appropriate for development, as well as define areas of environmentally sensitive, natural, or heritage asset land areas that need special protection. Resolution Adopting the 2009 Randolph County Growth Management Plan, Resolution #1. Recognize that sustainable economic growth, environmental protection, and rural quality of life can be pursued together as mutually supporting public policy goals. Resolution Adopting the 2009 Randolph County Growth Management Plan, Resolution #2. Recognize that growth management policies should afford flexibility to County boards and agencies that will enable them to adapt to the practical requirements often necessary for rural development. Recess At 9:18 p.m. the Board took a short recess and reconvened at 9:25 p.m. Randolph Community College (RCC) -Request for Support for State -Funded Machining and Mechatronics Classroom/Lab Renovations Dr. Robert Shackleford stated that RCC is renovating 8,000 sq. ft. of space into classroom and lab areas for the Machining and Mechatronics Technology programs using special state funding. This space is located in the rear portion of the Bost Building. The Cosmetology Center is located in the front. He said the renovation is necessary to accommodate the growing programs. Even though state funds are being used, the County's support for the continued operating and utility costs is required. He said the average additional annual cost is estimated to be $17,650. On motion of Frye, seconded by Haywood, the Board voted unanimously to approve the continued budget support for utility and operating costs for capital improvement project - Machining and Mechatronics Technology Program and authorize County Finance Officer to sign the required documents. Approve Contract for Health Services at the Jail Col. Ed Blair said his office has worked to seek out new medical service providers. Out of the seven interested parties, Southern Health Partners, Inc., CHC Better Care, and Southeast Correctional Medical Group submitted proposals for the medical contract. After reviewing the options, Col. Blair said that they felt Southern Health Partners, Inc., the current provider, offers the most economical and cost effective proposal for Randolph County at this time. Provisions of the current contract will increase the fee structure to $32,146.84 per month but will increase the hours to 158 hours per week and add additional staff. This totals $385,762.08 for the year. Southern Health Partners provides medical coverage for all of the jail inmates and staffs the jail with qualified nurses who work under the direction of doctors. The contract also provides medical payments to third -party vendors, up to a stop -loss maximum. Col. Blair said other jails that currently house some of the County's inmates also use Southern Health Partners and this creates continuity. 5/1/2017 Col. Blair asked the Board to approve the renewal of the Health Services Agreement contract with Southern Health Partners for the new fiscal year of July 1, 2017, through June 30, 2018, and authorize the County Manager to sign the contract renewal. Col. Blair said the one-year term would allow some other unknowns that fit into the big picture to be worked out and possibly go back to a multi-year contract next term. Commissioner Frye asked if inmates who are eligible for Medicaid/Medicare use their coverage when seeking medical attention. Major Joann Sapp stated most that are eligible already have their card. Maj. Sapp said the longer hours eliminate some of the need to transport to the hospital after what would have been the normal nursing staff hours. She believes this will cut costs also. On motion ofHaywood, seconded by Kidd, the Board voted unanimously to approve the renewal of the Southern Health Partners contract for twelve months ending June 30, 2018, at the base monthly fee of $32,14684 and to authorize the County Manager to sign the contract. Economic Development—Update on Proiect Yates/Set New Public Hearing Bonnie Renfro, EDC President, gave an update on Project Yates. Their office is working with a client that is considering the former Yates Ham facility on NC 49 in Asheboro for a new food processing operation. This long vacant building has been purchased by the client and will need repairs and renovations. They are seeking a Building Reuse Grant from the NC Dept. of Commerce to assist with the costs of those repairs and renovations. The EDC originally requested a public hearing at this meeting in order to meet a May application deadline. However, the funding for the Building Reuse Grant has been depleted for the current fiscal year, so the client has requested that the application submission and public hearing be delayed to target the July application deadline. The Building Reuse Grant program supports job creation and productive reuse of vacant facilities with grants to make structural improvements to eligible buildings. Each grant dollar must be matched by the company and the program requires that the applicant be a unit of local government. A 5% cash match is required. For this project, the applicant would be the City of Asheboro. The company will seek the maximum grant of $500,000 which is funded at $12,500 for each new job. This requires a total local public match of $25,000, if approved, which would be $12,500 for each local government. She stated that both the wages and estimated investment have increased from the initial project briefing. The total investment now would be $4,150,000 (over five years) with the creation of 40 new jobs at an average wage of $33,938. This is a manufacturing and agribusiness project. The client company would operate a specialized meat cutting operation similar to a commercial butcher. They currently operate a slaughterhouse in another NC county and supply custom meat and packaging. The company operates a cattle ranch and then does its own processing. This is a highly regulated business 5/1/2017 having a strong reputation with NC Dept. of Agriculture and US Dept. of Agriculture. The building is already zoned for this use. Ms. Renfro asked that the Board set a new public hearing to consider $12,500 in matching funds for a building reuse grant. On motion of Kidd, seconded by Frye, the Board voted unanimously to set a public hearing for Monday, June Sth at 6:30 p.m. to consider economic incentives for Project Yates. Strategic Planning Implementation Committee Recommendations—Economic Development Corporation (EDC) Before County Manager Hal Johnson began his request, he recognized EDC Board Chair John Grey who was in attendance. Mr. Johnson said in response to Bonnie Renfro's upcoming retirement in June 2017, the EDC Executive Committee believes 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 to evaluate the existing organization. One of the goals identified in the Strategic Plan was to enhance the economic well-being of the County. One strategy was to enhance the structure of the EDC to ensure that the EDC is prepared to take maximum advantage of countywide industrial and business recruitment opportunities that can emerge in the 21" century. The EDC Executive Committee asked that Mr. Johnson facilitate this planning process utilizing special task forces and the Implementation Committee as appointed by the Board of County Commissioners. Since its incorporation in February 1985, the Board of County Commissioners and municipalities have been the primary source of funding for the EDC which was not the plan at inception. It was hoped it would be a member financed organization. Mr. Johnson complimented and thanked Ms. Renfro, also in attendance, for allowing him to oversee this planning process. Mr. Johnson gave a brief summary of the EDC Strategic Planning Retreat held in February and listed the recommendations which have been reviewed and approved by the Randolph County Strategic Planning Implementation Committee and by the EDC Executive Committee. He asked the Board of Commissioners for their consideration on the following recommendations: l: Recommend the management support services to EDC be provided by Randolph County (i.e. finance, personnel, and accounting). This would free up one employee to devote more time to marketing issues. 2: Recommend that financial commitments from local governments be increased to ensure aggressive marketing and recruitment capabilities. 3: Begin the search process to obtain the right candidate for position of EDC Recruiter/Leader. 5/1/2017 4: Recommend amendments to the EDC by-laws that would include elected official representation from county and cities on the EDC Board of Directors. 5: Consider relocating the EDC offices to an independent higher profile facility with adequate space necessary for meetings and related marketing/recruitment efforts. 6: Appoint two Commissioners to the EDC Recruiter/Leader Search Committee as established by the EDC Board of Directors. On motion of Haywood, seconded by McDowell, the Board voted unanimously to approve the recommendations as presented and appoint the Chair and Vice Chair of the Board of Commissioners to serve on the EDC Recruiter/Leader Search Committee. Regional Update Chairman Allen reminded everyone that the Board would have a special meeting on Monday, May 8h at 6 p.m. to hear and consider funding nine initiatives recommended by the Strategic Planning Implementation Committee He also reminded all that the Tuesday, May 301h meeting begins the budget process. Commissioner Frye stated that he attended the NCACC board meeting last week and they approved the dues structure for 2018 which would be based on the trailing inflation rate of 2.1 %. He said state statistics showed Randolph County lost population last year. The net effect for Randolph County would be around $234. Adjournment At 9:58 p.m., on motion of Haywood, seconded by Kidd, the Board voted unanimously to adjourn. David L. Allen, Chairman Darrell Frye Stan Haywood Maxton McDowell Kenny Kidd Amanda Varner, Clerk to the Board 5/1/2017 This page intentionally left blank. Exhibit A — next page 5/1/2017