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120219218 December 2, 2019 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. Chairman Darrell Frye, Vice -Chairman David Allen, Commissioner Kenny Kidd, Commissioner Maxton McDowell and Commissioner Hope Haywood were present. Also present were County Manager Hal Johnson, Finance Officer Will Massie, County Attorney Ben Morgan, and Clerk to the Board Dana Crisco. Chaplain Michael Trogdon from the Randolph County Sheriff's Office gave the invocation and everyone recited the Pledge of Allegiance. Special Recognition County Manager Hal Johnson introduced the new Director for Animal Services, Elma Rae Greene. He said Elma Rae was introduced to the members of the Animal Services Advisory Board at a regular meeting on November 25th and she has spent the afternoon at the Shelter meeting the staff and animals. Her first day at the Shelter will be on Tuesday, December 3rd Elma Rae is an experienced, qualified professional who, over 20 years, has brought innovation and success to her previous positions in Orange, Warren, Transylvania, and Craven Counties. She began her career in Animal Services at Alamance Community College where she taught animal care and criminal justice. She has a record of increased adoptions and decreased euthanasia. She is also a believer in building animal welfare coalitions which link animal welfare and citizen groups. He said everyone is excited about the future of Animal Services in Randolph County. He complemented the professionalism of Wesley Vann and his staff at the Shelter. He told Ms. Greene that he didn't want to sound like an old country music song but "we have a long way to go and a short time to get there." (Smokey and the Bandit, 1977) Ms. Greene thanked the Board for the opportunity to serve the citizens and the animals of Randolph County. She said she had already met some of animal advocates that she would be working with. Reorganization of the Board On motion of Haywood, seconded by Kidd, the Board voted unanimously to reelect Commissioner Frye as Chairman. On motion of Haywood, seconded by McDowell, the Board voted unanimously to reelect Commissioner Allen as Vice -Chairman. On motion of McDowell, seconded by Allen, the Board voted unanimously to approve Commissioner appointments, as follows: • Ben Morgan, County Attorney; • Dana Crisco, Clerk to the Board; • Sarah Pack, Deputy Clerk to the Board; • Hope Haywood, Representative to the Board of Health; • Maxton McDowell, Representative to the Social Services Board; 12/2/19 219 • Kenny Kidd, Representative to the Juvenile Crime Prevention Council for 2 year term; • Darrell Frye, Transportation Advisory Committee Representative to the High Point Metropolitan Planning Organization (HPMPO); • Maxton McDowell, Alternate Transportation Advisory Committee Representative to the High Point Metropolitan Planning Organization (HPMPO); • Maxton McDowell, Piedmont Triad Rural Planning Organization (RPO) Transportation Advisory Committee Representative; • Hope Haywood, Alternate Representative to the Piedmont Triad Rural Planning Organization (RPO) Transportation Advisory Committee Representative; • Darrell Frye, Delegate to the Piedmont Triad Regional Council; • Darrell Frye, Representative to the Piedmont Authority for Regional Transportation; • Kenny Kidd, Tourism Development Authority Liaison; • David Allen, Representative to Sandhills County Commissioner Advisory Board; • Hope Haywood, Corporate -Municipalities Wellness Coalition and Healthy Communities Liaison; • David Allen, Voluntary Agricultural District Board Liaison; • Hope Haywood, Central Piedmont Community Action, Inc. Liaison; • David Allen, Piedmont Triad Regional Development Committee Liaison; • Chairman Frye, Regional Partnership Local Workforce Development Area Consortium Chief Elected Oficial Board; • Chairman Frye and Vice -Chairman Allen, Animal Services Advisory Board; • Darrell Frye, Owner's Representative/Steering Committee Representative to the Greensboro -Randolph Megasite Project Agreement; • Kenny Kidd, Alternate, Owner's Representative/Steering Committee Representative to the Greensboro -Randolph Megasite Project Agreement. Public Comment Period Jeff Wilhoit, 3164 Mac Lineberry Rd., Franklinville, said he was neither for or against a Sheriff's garage. He presented a packet of information (Attachment A as follows these minutes) regarding this. Some of it was from a public records request. Mr. Wilhoit said that his budget calculations and analysis conflict with those presented by the Sheriff at the planning retreat in February 2019. Based on Mr. Wilhoit's analysis, he stated that the work proposed by the Sheriff was not priced appropriately and could not be completed in the timeframe with the amount of workers proposed. He said that the Sheriff's presentation of February 2019 did not contain labor and overhead costs. He stated that could be considered "misleading and somewhat deceitful." Commissioner Kidd asked about the cost analysis of labor. Mr. Wilhoit broke down the frequency of the tasks and used the national standard for time to complete these tasks and came up with approximately 21 hours per day which would require three workers assuming no inefficiency. Commissioner Haywood asked if those three people would need to be certified mechanics. Mr. Wilhoit said he did not have the expertise to answer that question. He said his opinion was that they should be. 12/2/19 220 Commissioner Kidd asked how he had determined the oil and filter costs. Mr. Wilhoit said he contacted a local source and found the cheapest cost based on a tanker load to that shop. He said that any lower cost would lead him to believe they were using substandard oil and filters compromising the performance of the vehicles. Commissioner McDowell inquired what comprised the $89,000. Mr. Wilhoit said these were part of the expenses he had asked for in a public records request to the County. Chairman Frye noted that this was an agenda item for this meeting. He reminded the audience that the Board would need to evaluate the information and decide how to proceed. Mr. Wilhoit stated that the Sheriff's presentation from February 2019 "lacks relevant information." Consent Agenda Chairman Frye stated that Item M.• Adopt Proclamation Celebrating the 70th Anniversary of Hardin's Furniture had been added to the Consent Agenda. On motion of Kidd, seconded by Allen, the Board voted unanimously to approve the Consent Agenda as amended, as follows: approve the regular meeting minutes of 111412019 and closed session minutes of 111412019; appoint Velvet Davis as a Deputy Finance Officerfor the jail commissary; approve surety bonds for elected and appointed officials: Finance Officer Will Massie ($500,000); Deputy Finance Officer Suzanne Dale ($500,000); Tax Collector Debra Hill ($300, 000); Deputy Tax Collectors: Sallie Cheek ($200, 000), Crystal Hudson ($200, 000); Deputy Finance Officersfor Jail Commissary: Phillip R. Cheek ($10,000), Tammy R. Brady ($50,000), Phyllis Calloway ($10,000), Velvet Davis ($10, 000); Sheriff Greg Seabolt ($25, 000); Register of Deeds Krista Lowe ($50,000); approve Budget Amendment Public Buildings (Northgate Panel Damage) ($23,000), as follows: 2019-2020 Budget Ordinance General Fund—Budget Amendment # 25 Revenues Increase Decrease Miscellaneous $23,000 Appropriations Increase Decrease �Pu`blicuildin s $23,000 • reappoint Michael Somero to the Randolph County Tax Commission and the Board of Equalization and Review; • reappoint Linda Covington to the Randolph County Adult Care Home Advisory Committee; • approve Budget Amendment Domestic Preparedness Region ($27,500), as follows: 12/2/19 221 2019-2020 Budget Ordinance General Fund—Budget Amendment # 26 Revenues Increase Decrease Restricted Intergovernmental $27,500 Appropriations Increase Decrease Environmental Health $27,500 • approve franchise renewals for Ash -Rand and Piedmont Triad Ambulance and Rescue, Inc.; • approve the following institutions as official depositories. All qualms and participate in the Pooling Method ofpublic funds collateralization, as follows: BB&T * Bank OZK (rebranding of Bank of the Ozarks) First Horizon (rebranding offormer Capital Bank) First Bank Pinnacle Bank PNC Bank Select Bank & Trust Suntrust * Truist (* merger ofBB&T and Suntrust) Wells Fargo Imprest Account Health Insurance Transactions Only Citibank Bond Trustees US Bank Brokers Commercial Paper, Government Securities None • approve Budget Amendment Public Health Grant Funding ($14, 000), as follows: 2019-2020 Budget Ordinance General Fund—Budget Amendment # 27 Revenues Increase Decrease Restricted Intergovernmental $14,000 Appropriations Increase Decrease Public Health $14,000 • reappoint Peggy Hinshaw, Judy Kirkman, and Wanda Hilton to the Randleman Planning Board/Board ofAdjustment; • approve Policy for Obtaining Copies of Child Protective Services Records; • approve Proclamation Celebrating the 70th Anniversary ofHardin's Furniture, as follows: CELEBRATING THE 70THANNIVERSARY OF HARDIN'S FURNITURE WHEREAS, Hardin's Furniture was opened by Joe and Virginia Hardin on November 16, 1949 in Asheboro; and WHEREAS, Hardin's Furniture was opened at a house on Kivett Street before moving to 2404 North Fayetteville Street; and 12/2/19 222 WHEREAS, Joe and Virginia Hardin raised five children while operating their store; and WHEREAS, the Hardins were able to put all five of their children through college while successfully continuing to operate Hardin's Furniture; and WHEREAS, Hardin's Furniture has been a beacon in the community with the focus on offering quality goods at low prices; and WHEREAS, Randolph County recognizes the asset of having long-term business in the County; and WHEREAS, reflecting on the important role that dedicated employees and good services plays in providing for the long-term security of a business, Randolph County thanks Hardin's Furniture for choosing Asheboro and Randolph County as its home; NOW, THEREFORE, BE IT RESOLVED the Randolph County Board of Commissioners does hereby recognize and celebrate the 70th Anniversary ofHardin's Furniture on November 16, 2019. Honor Guard Roll of Honor Commander Wendy Hagerty and Vice Commander Darrel Hunter said the Randolph County Honor Guard was started when the military stopped performing at funeral services. She said that the organization is a non-profit and runs solely on donations. They typically travel in a 50 mile radius to perform the rites for honorably discharged veterans. There have been times where they travel further. Commander Hagerty and Vice Commander Hunter asked the Board for permission to display their Roll of Honor in the Historic Courthouse in a place of prominence to honor the deceased men and women of Randolph County who served their Country. On motion of Kidd, seconded by the other four Commissioners, the Board voted unanimously to approve the Proclamation for the Randolph County Honor Guard Roll of Honor, as follows: Randolph County Honor Guard Roll of Honor Whereas, the greatest acknowledgement of our freedom is to honor our Armed Forces veterans who have sacrificed and, in many instances, paid the ultimate price for our freedom; and Whereas, Randolph County recognizes and respects our county veterans for their many contributions protecting our freedom and security; and Whereas, both men and women of our Armed Forces continue to be an inspiration to all ofus through their demonstration ofcourage, leadership, and commitment to our community and country; and Whereas, in 1990, the Randolph County Honor Guard was formed by a group of 18 veteran volunteers in Randolph County dedicated to providing honorably discharged deceased veterans with the rites they have so valiantly earned with their service to our Nation; and Whereas, we will always remember and pay homage to the members of the Randolph County Honor Guard, both active and inactive, for their dedication and service to our veterans; and Whereas, those members deserve special recognition and honor for their service. 12/2/19 223 Now, Therefore, Be it Resolved that the Randolph County Board of Commissioners is proud to display the Randolph County Honor Guard Roll of Honor in a location of prominence at the 1909 Historic Courthouse, 145 Worth Street, Asheboro, to memorialize these men and women who not only served our country but served the veterans of our county. M W. Roll of Honor shown hanging on the 2nd floor of the 1909 Courthouse KidsReadyNC Initiative Micki Bare and Lisa Hayworth, Randolph Partnership for Children, came to thank the Board for their support of the CHAMPS program which started out as KidsReadyNC. They also recognized Public Health for their support. She said both Commissioner Allen and Public Health Director Susan Hayes were on their Collaborative Committee. Commissioner Haywood had recently been added to their Board. Commissioner Allen said he did not know much about childhood development but had learned that 80% of brain growth occurs from birth to the age of three. He commended Ms. Bare and Ms. Hayworth for their podcast on the CHAMPS program with the NC Association of County Commissioners. Commissioner Haywood complimented the Partnership for the use of funds to obtain the maximum benefit possible. Sheriff's Fleet Management Garage County Manager Hal Johnson said this report is to provide the Board of County Commissioners with background information and an update of the current status of the Sheriff's Office Fleet Management Garage operation that was being conducted at the Randolph County facility building located at 757 New Century Drive, Asheboro. It is difficult to present a clear update of this issue without putting it in context of the budget prioritization issues being addressed by the County Commissioners in this year's budget. Prioritization was critical for the development of the budget at funding levels that did not include a property tax increase. 12/2/19 224 The FY 2019/20 Budget was one of the most challenging in our County's history. Capital Projects including the new Trinity Middle School, Asheboro High School renovation and expansion, increased space needs for the Courthouse and County agencies, Megasite development, impacts of opioid addiction, increased personnel costs for Emergency Medical Services, expansion of Animal Services capabilities, the need to expand the existing Detention facility, and long - overdue renovations of outdated equipment are just a few of the issues County government is facing. Now, the financial crisis of Randolph Health has presented budgeting issues for the County due to the unknown impacts that it may have on Public Health and Emergency Services. On February 19, 2019, the Board of County Commissioners held its annual Planning Retreat. The Planning Retreat was an opportunity to discuss issues impacting preparation of the new budget for FY 2019/20. Sheriff Seabolt and staff presented a detailed plan in an effort to improve Motor Fleet Operations of the Sheriff's Office. This plan included the establishment of a Fleet Maintenance Garage. It was projected by Sheriff's Office staff that savings to the Sheriff's budget from the operation of a County garage serving 240 vehicles would be approximately $153,770 after start-up. Initial startup costs were projected at $89,000. A new full time Automotive Mechanic position with a starting salary of $48,140 was included in these projected startup costs. When the County Commissioners established budget priorities, funding for the garage startup and the new Automotive Mechanic position was not included in the adopted budget. The needs of the Detention Center took priority. Funding was included in the proposed budget that provided for the eight requested Detention Officers at a cost of $433,152. As part of the Board's final budget deliberation, Commissioners added $82,323 to reclassify three existing Detention Officer positions to Jail Detective, Jail Transportation Deputy, and Substance Abuse Counselor ($27,818 in personnel costs and $54,505 for vehicles and officer operating costs). FY 2018/19 Sheriff's Office Budget: $20,107,481 FY 2019/20 Sheriff's Office Budget: $21,359,091 (+$1,251,610, 6.2% Increase) The Board of Commissioners also committed funding of over $30 million to expand and renovate the existing Detention Center facility due to extreme overcrowding and pending State fines and penalties. Sometime around August or September 2019, Sheriff Seabolt began using existing funds provided by lapsed salaries within the Sheriff's Office for the establishment of a Fleet Management Garage. Necessary equipment was purchased in August 2019 totaling approximately $82,000 for the operation of a service garage. Individual purchase orders were approved by the County Finance/Purchasing Office as they were submitted. This was keeping with a long established practice of deferring to the Sheriff when making one-time purchases when funds were within the budget. 12/2/19 225 During this time period, the Sheriff assigned existing Sheriff's Office personnel to work in the Garage. Supervised trustees were also utilized in the garage. In later conversations with Sheriff Seabolt, he mentioned that he had been told that minor vehicle service work, such as installing lights and changing tires, had been performed in this building since its construction in 1999. His intent was to save money, using existing Sheriff's Office funds, to enable these savings to be used in other needed areas of the Sheriff's Office. On October 25, 2019, Terry Story of the Randolph County Sheriff's Office received a notice from the North Carolina Department of Labor, Occupational Safety and Health (OSHA) Division, concerning a formal complaint relative to safety issues at the garage. The complaint listed several areas of concern including no eye protection gear, no emergency eye wash, no first aid supplies, no proper storage for flammables, locked exits, no safety data sheets, inadequate electrical installation, and lack of training for employees. This NC Department of Labor complaint letter was forwarded by the Sheriffs Office to County Legal and Risk Management officials. It was at this time County Administration became aware of the extent of the operations by the Sheriffs Office in this County facility. County Commissioner Chairman Darrell Frye, Commissioner Kenny Kidd, and County Manager Hal Johnson met with Sheriff Seabolt on November 1St to discuss safety and budget issues relating to the establishment of a Sheriffs Office Fleet Management Garage. Sheriff Seabolt was advised verbally and by email that he should cease operations of the garage until inspections and an analysis could be performed by County staff to identify issues relative to safety at the facility. The Sheriff reported that he had already stopped operations pending the necessary inspections. Mr. Johnson directed County Engineer Paxton Arthurs, Public Buildings Director Robert Cross, Risk Manager Cathryn Davis, and Inspections Director David Bryant to meet with the Sheriff and his staff to identify more detailed actions that were needed for operations to continue in this building. The NC Department of Labor then notified Ms. Davis that the complaint was now closed because the County had ceased operations and was taking the corrective action necessary for safety. The following is the analysis and estimated cost provided by Mr. Arthurs, Mr. Cross, Ms. Davis, and Mr. Bryant of changes that would need to be made to the building in order to allow a repair garage: Building - This use will require a Change of Occupancy (from S-1 General Storage to S-1 Repair Garage). - Sprinklers vs. 3 hour fire barrier (due to Command Bus & Bear -Cat storage) o Sheriffs Office is moving both vehicles out so neither item will be required. - Minor repairs involving door hardware and storage under stairs are needed. Fire - Storage of combustible and flammable materials (fire code and OSHA requirements) 12/2/19 226 o Although a final review of the chemicals used in the garage is needed, it currently appears that the chemicals used and stored are within the maximum allowable, so fire rated storage rooms are not anticipated. - There is a 500 gallon above -ground waste oil tank located outside the building at the back wall. This tank will need to have at least 10 ft. of clearance from the building. - This building has a special storage room that requires one hour of fire protection. In order to meet this rating, additional layers of drywall will be required along with upgrades to the door. Mechanical - Because chemicals are used in this building that require ventilation and because vehicles are driven into this building (and operated for the emissions test), an exhaust system is required to be added. o The exhaust system will need to have 3 components: ■ It is required to operate continuously at a low level (controlled by occupancy sensors). ■ It must be capable of operating at a high level (controlled by switch at the main door). ■ It must also have a Source Capture System that attaches to the tail pipes of vehicles when they are running inside the building. Plumbing - An eyewash station and deluge hose are required because some of the chemicals that are used are classified as irritants. - There is a bathing shower that does not meet handicap code. However, because this building is not open to the public and because the shower is not a required fixture, it can be left as it is. - There are several minor repairs needed for an above -slab drain that was previously added. Electrical - There is a question of whether the existing 200 amp service is adequate, although the final power needs have not been confirmed. If the current 50 amp circuit is removed, the current service should be acceptable. - The existing panels need to be labeled. - All outlets need to be GFCI protected. - Non-metallic cable was used in this building. Although this is allowed, there are some areas were the cables are exposed or installed above a drop ceiling where the wiring will need to be covered or changed to a metallic cable. OSHA Specific Items - The Sheriff's Office will provide appropriate safety training for employees and ensure Standard Operating Procedures include a list of the necessary training. o The training will include: ■ Job Hazard Analysis ■ Personal Protective Equipment (PPE) ■ Hazard Communication (HAZCOM) 12/2/19 227 • maintain Safety Data Sheets on all products • ensure proper storage for all flammables • ensure proper PPE is provided and used ■ First Aid ■ Incident Reporting ■ Machine, equipmen, and hand tool operation ■ Emergency Action Planning - The Sheriff's Office, incoordination with County Risk Management officials, will conduct regular facility safety inspections, provide safety talks, and continue the above required safety trainings as annual refreshers. Note: A rough cost estimate for the above items would be in the range of $10,000 to $15,000 assuming most of the work is done "in-house" by the County Maintenance Department. In North Carolina, the Sheriff has total authority over Sheriff's Office personnel and is given wide discretion over the use of funds allocated to the Sheriff's Office. This has historically been the case in Randolph County. However, among the responsibilities of the Board of County Commissioners is to make decisions on funding and to determine what activities take place in County buildings. The County Commissioners also have authority over the creation and approval of new job classifications under the County Personnel Classification system. Mr. Johnson asked the Board to decide, by motion, on approval/denial of the "change of occupancy" at the County building located at 757 New Century Drive from General Storage to Repair Garage, using funding available in the Sheriff's current budget or additional funds to be placed in the Sheriff's budget. He said if the Board approved the Change of Occupancy to a Repair Garage, Ms. Davis will report to OSHA that corrective actions are now in place to eliminate the hazards identified in the complaint. The County will use that location as the Sheriff's Office Fleet Management Operation. Mr. Johnson introduced Sheriff Greg Seabolt to present his updated Fleet Management Program. (The Sheriff's presentation is Attachment B as follows these minutes.) Sheriff Seabolt asked Deputy Todd Blakely to come forward. The Sheriff said a Fleet Maintenance program would create accountability, better service, cost efficiency, and increased safety. Deputies would be more accountable for taking care of their vehicles since Sheriff's personnel would know who's vehicle they are working on. Extra care would be given to older vehicles to extend the life as long as possible and still remain safe. Garage mechanics would ensure deputies had safe vehicles to drive while on patrol. Better service would occur because accurate records would be taken of each vehicle in the fleet. Citizens would benefit since there would be little or no down time for officers on patrol. Deputies could drop their car off for service and get a "loaner" from the inventory. If needed, 24-hour service could be provided with an on-call employee. 12/2/19 228 Safety will be increased because the Sheriff's Office would know who is working on the vehicles. There would also be more a more accurate record of past problems with the vehicles. Costs would decrease using an internal garage for oil changes and grease, replacing tires and brakes, and handling inspections. The projected cost including labor of changing tires versus that of a commercial garage could be a savings of approximately $180. The Sheriff's Office had some extra wheels donated to them by the Highway Patrol. These could have tires already mounted on them to save time when changing them. Complete brake replacement at a commercial garage would cost approximately $640 while an internal cost would be approximately $245 turning the rotors creating a potential savings of $350. By using a more expensive brake pad, the garage could turn the rotors instead of replacing them. Commissioner Kidd asked what type of brake pad would be used. Deputy Blakely said an industrial grade pad would be used. Commissioner Allen stated that the comparison of a commercial operation changing the pads versus an in-house garage turning them was not an apples to apples comparison. Sheriff Seabolt said that each of the three vendors replaces the rotors. He said he could ask if turning rotors was a possibility. Deputy Blakely clarified that front line vehicles have the rotors replaced while administrative staff vehicles would have them turned. Sheriff Seabolt said that a NC Safety Inspection costs $30 commercially but would carry a savings of approximately $14 in house. Commissioner McDowell confirmed those costs included labor. The Sheriff said they did. Sheriff Seabolt showed a table with comparisons of the basic services they would perform in- house versus the costs commercially. He stated that use of vehicles would determine the amount of service needed, so some vehicles will need more service than others. Chairman Frye asked how the labor was calculated and if inmates were being used for labor. Sheriff Seabolt said the labor cost was based on two full-time personnel with an estimated annual salary of $48,000 which was high. Terry Story who has done vehicle maintenance for thirty years, Deputy Blakely who has helped with maintaining the Bearcat and the Command Bus, and a part- time employee who can perform inspections are the individuals who will service the vehicles. No inmates will be used. Commissioner Allen inquired if overhead was calculated in the figures shown. Sheriff Seabolt said that no overhead costs had been included. Commissioner Kidd asked how he calculated the oil change and grease line item of $41.30. The Sheriff stated that was an average of the three garages they have used. Chairman Frye questioned if there were contracts with any of the local garages they had used. Sheriff Seabolt said there were no contracts. 12/2/19 229 Sheriff Seabolt gave the Board a few items to consider. There will be additional tools needed in the next five years. Utilities will increase with another building in service. Additional licenses will be needed for the garage. There will be no cost for worn tire disposal or oil disposal. A citizen has agreed to take all of the used oil at no charge. A tire company will take the tires at no cost with acceptable means of storage and disposal. Both have agreed to sign a contract which would need to be approved by the Legal department and the Commissioners before it could be effective. The Sheriff said the Spillman program is already used and it has a module for fleet maintenance. This would allow for easier management of vehicles and show potential trends. Commissioner Allen asked if there would be additional costs for licensing, training, or maintenance of the software. Deputy Blakely said it was part of the current licensing of the software. Sheriff Seabolt said that Davidson, Alamance, Guilford, Moore, Rockingham, Forsyth, and Chatham Counties all have fleet maintenance facilities to service their fleet. Sheriff Bizzell, five - term Sheriff of Johnston County, stated that this was "the best addition that he and his staff added to the Johnston County Sheriff's Office." The Sheriff stated that officer safety is of utmost importance. There have been complaints by deputies that wheel lug nuts have been loose on vehicles after service work was completed. Some patrol officers have stated that they have arrested a few of the employees that work at area commercial service facilities. With an in-house maintenance team, there is better communication of vehicle problems as compared to a commercial shop. He next spoke of return on investment. According to his calculations, there would be a return on investment in less than two years. Money would be saved in the long run. Some other money saving ideas include using trends to help predict maintenance that would be needed for vehicles. This could keep them running longer and certain parts could be ordered with anticipation of performing the work. Lastly, he addressed the facility. Policies will be administered by Randolph County Sheriff's Office. They will address and correct noted audit discrepancies by Asheboro City & Randolph County Inspection Departments. Audits on equipment and cost analysis of facilities will be reported monthly to the Sheriff. The Sheriff will report quarterly to the Board with operating expenses and work performed (actual versus budget expenditures). His goal is to save taxpayer dollars. One of the first savings would be using bulk oil at $1.79/gallon. Commissioner Allen asked what kind of container the oil was in. Deputy Blakely said it came in 55 gallon drums and commented that it wasn't a cheap oil, it was a synthetic blend. Commissioner Allen said he was more concerned about leakage contaminating the area. Chairman Frye stated the Sheriff had used lapsed salaries for the operation of the garage. He asked how many vacant positions the Sheriff had. Sheriff Seabolt said there were seven full-time positions and one part-time position. 12/2/19 230 Chairman Frye inquired if there was another source to pay for the garage. Once those positions are filled, that money couldn't be used for a garage. Sheriff Seabolt said he did not have another source. Commissioner McDowell asked the Sheriff if the in-house price of tires included labor. The Sheriff said it did. Chairman Frye asked who the Sheriff's Office will buy tires from. Deputy Blakely stated they will buy off the State contract. The tires come from Goodyear. Commissioner Kidd inquired if the tires are the same cost to the commercial suppliers as they are to Randolph County. The Sheriff replied that the only difference was labor costs. Chairman Frye said that facility upgrades would be more expensive if the Bearcat and Command Center were housed in the garage. To avoid the expensive upgrades, where would they would be stored? Sheriff Seabolt said the Bearcat could be stored in the Special Ops building if some of the illegal gaming equipment could be moved and if it was allowed by building code. The Command Center bus could be stored under a shelter that is behind the maintenance building that will need to be expanded in height and width for necessary clearance of the bus. Chairman Frye said lots of discussion still needs to happen. These costs cannot continue to be paid by lapsed salaries. The general budget cannot fund any of this. If the expenses continue without a funding source, the Sheriff's Office budget will not sustain all needs for the rest of the year. Commissioner Allen asked if the Special Ops building would need sprinklers. Sheriff Seabolt said the building has a firewall. County Manager Hal Johnson said because it is considered a storage facility, there may need to be sprinklers because of the use.. Chairman Frye asked Deputy Blakely if he was a certified mechanic. He said no. Commissioner Kidd asked how much money is remitted to the State for vehicle inspections. Deputy Blakely said it was $6.25. Commissioner Haywood said she had spoken with a State Highway Patrol Officer about their garages. She understands the desire of the Sheriff to have one, but the liability issues of a garage need to be addressed too. She expressed wanting certified people working there. The Sheriff agreed. He said they are checking into classes at RCC. Chairman Frye asked how long it took to become certified. Deputy Blakely stated the RCC course would take two years to complete and a test would be taken for certification. Chairman Frye explained to the audience that Sheriffs in NC have autonomy because they are elected. With that autonomy, labor is handled differently than in other departments in the County. There are inmates that do work around the facilities. There was a complaint that inmates were working on cars. Another complaint was made to OSHA about the facilities used for a garage. 12/2/19 231 This issue with the garage started out with a lack of communication. The Sheriff is accountable to the Board and the citizens for his budget. The Sheriff has not overspent his budget. Currently, the Board has borrowed approximately $40 million to meet requirements for the Detention Center expansion due to legislative changes and overcrowding. The garage carries liability issues for the County. The Board heard Sheriff Seabolt's budget requests. The actual budget only added eight new jailers and reclassified other Detention Center positions. He said the Board needs to do further analysis of the issue and its associated costs. Commissioner McDowell agreed that there is much more to explore before a decision can be made. Commissioner Allen said it is hard to compare a commercial operation with an in-house garage. There may be savings but it may not be as significant as initially thought. Some questions were answered but he did not feel the Board was ready to move forward. Chairman Frye suggested that he and County Manager Hal Johnson work with the Sheriff to get more accurate budget numbers. On motion of McDowell, seconded by Haywood, the Board voted unanimously to table the issue of the Fleet Management operation for further investigation. Space Needs for a Museum and the Randolph Room Ross Holt, Library Director, said goals in the Randolph County Strategic Plan include "preserve and improve our county's rich historical, artistic, cultural, natural, and recreational resources," and "target and attract visitors, encouraging them to spend more time and money in Randolph County." The County has now been presented with a unique opportunity to make a giant leap toward these goals. Relocation of several agencies has freed sufficient space to expand the Randolph Room and to create a Randolph County history museum. The Randolph Room is the local history and genealogy service of the Randolph County Public Library and the repository of the county's unique documentary and family history. It is also a significant draw for researchers nationwide. Now housed in the ground floor of the Asheboro Public Library, it is bursting at the seams and has needed expansion for years. County residents have long desired a museum to interpret the county's compelling history through display of rich collections of artifacts. With the relocation of the Adult Day Reporting Center to the Northgate Complex in January, the top floor of the old County administration building at 143 Worth Street will be vacant. With the move of the Randolph County Economic Development Commission to the old First Bank building and the January relocation of the Tourism Development Authority to Five Points, the first floor of the Historic 1909 Courthouse will become available. Together, these two spaces present a "practical ideal" for expansion of the Randolph Room and creation of a county history museum. Initial investigation has established the feasibility of using the buildings for such purposes. The old administration building would house the Randolph Room, more than doubling its size. The first floor of the Historic Courthouse would provide well - apportioned spaces for various historical exhibits. Administration of the two facilities would merge 12/2/19 232 to limit costs and streamline operations. Also, a designated Randolph Room Building Fund exists in the Library trust fund and is likely sufficient to cover initial planning costs. Mr. Holt asked the Board to consider allocating the top floor of the old administration building for use as the Randolph County History and Genealogy Center and the first floor of the Historic Courthouse for use as the Randolph County History Museum. He also asked them to accept a tentative plan and request authorization to proceed with development of the project in preparation for a more detailed report and budget proposal. Chairman Frye stated this was a great idea and asked Mr. Holt if the budget would be ready for approval in the FY 2020-21 proposed budget. Mr. Holt said if he can get the design approved, he will meet with Mr. Massie about the needs. Commissioner McDowell said he had used the Randolph Room and it was very cramped. He stated that our county is fortunate to have such a wealth of information. It has the capability to reach so many Randolph County citizens. On motion of McDowell, seconded by Haywood, the Board voted unanimously to 1) allocate the top floor of the old administration building for use as the Randolph County History and Genealogy Center, 2) allocate the first floor of the Historic Courthouse for use as the Randolph County History Museum, and 3) accept a tentative plan and authorize Ross Holt to proceed with the development of the project in preparation for a more detailed report and budget proposal. Donation of Radios Sheriff Greg Seabolt said he would like to propose that ownership of surplus radio equipment from the Randolph County Sheriff's Office be transferred to the Franklinville Fire Department. In 2011, the Randolph County Sheriff's Office switched over to the State Viper communication system and had to purchase the Motorola XTL radios. Since that time, the Sheriff's Office has constantly upgraded radios as positions have been added and as the budget allowed. There is now a surplus of 19 Motorola XTL 2500 in -car radios and 15 Motorola 1500 portable radios. This equipment is stored at the Fleet Maintenance Building and is used to temporarily replace damaged or defective radios until permanent replacements are available. This equipment has not experienced a great deal of use since it has been replaced with upgrades. As the portable radios sit in storage and continue to age, the batteries drain and cannot be recharged. In addition, since the equipment is not used every day, it must be updated as the Viper system is upgraded. There is still a use for the equipment, but it isn't necessary for the Sheriff's Office to keep it all. The Franklinville Fire Department approached the Sheriff's Office regarding the radios, as they are in desperate need of this equipment. Franklinville was the first fire department to get a Viper radio grant. Since then, they have doubled in size, from two stations to four, adding more vehicles and personnel. They have struggled to provide the needed equipment for their department. In analyzing what is in surplus and what has actually been needed and used over the past five years, it is reasonable that ten of the in -car radios and ten of the portable radios can be donated to the Franklinville Fire Department and still have spare equipment to meet the needs of the Sheriff's Office. 12/2/19 233 Sheriff Seabolt proposed transferring ownership of this equipment to the Franklinville Fire Department to help meet their needs. If the Commissioners approve this request, it must be done immediately, as the radio identifiers on this equipment must be registered on the Viper system by January 1, 2020. After that date, these radios are useless to any other agency, as the equipment is dated and will not be allowed to be registered on Viper under a different identifier. The legal process for conveying property to a nonprofit corporation is found in North Carolina General Statute 160A-279. He asked the Board to adopt the attached resolution authorizing the disposition of the property if they approved the transfer of the radios. A notice summarizing the contents of the resolution must then be published in the newspaper and the property donation will be made ten days after said publication. Commissioner McDowell asked if the Sheriff was donating all of the radios in stock. Mr. Hicks, Franklinville Fire Department, said they are only asking for a portion of them. Chairman Frye inquired if these radios were offered to other fire departments. Sheriff Seabolt said Mr. Hicks came to them. He was responsible for radios when he was employed at the Sheriff's Office. He knew these radios had to be registered to another department before January 1st Chairman Frye inquired if another fire department asked for radios, would they be able to get some. Aimee Scotton said that because the Resolution has to be specific and the deadline to register the radios is January 1st, there would not be time for the process to occur. Commissioner Allen stated if Franklinville doesn't get them, they are of no use. On motion of Allen, seconded by Kidd, the Board voted unanimously to adopt the Resolution Approving the Conveyance of In -Car Radios and Portable Radios to the Franklinville Fire Department, as follows: A RESOLUTIONAPPROVING THE CONVEYANCE OFIN-CAR RADIOSAND PORTABLE RADIOS PURSUANT TO N. C. G.S. 160A-279 WHEREAS, the Randolph County Sherds Office has a surplus of Motorola XTL 2500 in -car radios and Motorola 1500 portable radios; and WHEREAS, North Carolina General Statute § 160A-279 authorizes a county to convey property to a nonprofit corporation if the county is authorized by law to appropriate money to the corporation; and WHEREAS, the Franklinville Fire Department, Inc. has a need for in -car and portable radios of the type referenced above; and WHEREAS, the Franklinville Fire Department, Inc. is a nonprofit corporation providing fire protection to the citizens in the Franklinville Fire District, and the County is authorized by law to appropriate money to said corporation for the provision of these services. BE IT THEREFORE RESOLVED that the Randolph County Board of Commissioners hereby authorizes the donation of ten (10) Motorola ATL 2500 in -car radios and ten (10) Motorola 1500 portable radios to the Franklinville Fire 12/2/19 234 Department, Inc. on the condition that said radios shall at all times be used in the provision ofpublic services. Amendments to the Randolph County Unified Development Jay Dale, Planning and Zoning Director said, during its recent session, the North Carolina General Assembly passed several bills that became law. There are many bills still pending approval along with several bills that have been vetoed by the Governor. Many of those new laws have affected Statutes that govern Planning and Development regulations. The Planning and Zoning department recently learned about these changes and is working to ensure that the Randolph County Unified Development Ordinance is up-to-date with these changes. The following is a brief description of the changes enacted. • Various definitions have been added as needed for compliance with the General Statutes listed below. The definitions that have been added are: Development, Development Permit, Down zoning, End -of -Life, Energy Storage System Battery, Land Development Regulation, Performance Guarantee, Photovoltaic Module, Utility -scale Solar Project, and Wind Energy Facility. • Session Law 2019-79: (Effective July 4, 2019) This law amended the process for Performance Guarantees for required subdivision improvements in Chapter IIL Subdivision, Article VIII, Improvements Required Prior to Approval of Final Plats, Section 2. Guarantee oflmprovement. These changes are caused due to legislation and litigation over the last decade. • NCGS § 153A-343: (Effective July 11, 2019) This law amends Chapter II1, Zoning, Article XIII. Administrative and Legal Provisions, Section 4. Changes and Amendments. Item q) of the Ordinance to no longer allow "third -party downzoning" without the property owner's consent. The County still has the ability to downzone property without the property owner's consent. • Session Law 2019-111 Part I: (Effective July 11, 2019) Chapter H. Zoning, Article XIII. Administrative and Legal Provisions, Section 4. Changes and Amendments. Item r) is amended to include provisions for "permit choice" in the case where the Ordinance changes while an applicant is waiting on a permitting decision. For example, an applicant applies for a Special Use Permit. After the application is submitted but before the Planning Board meets to consider the Special Use Permit, the Board of County Commissioners amends the Ordinance. If the amendments impact the Special Use Permit requirements, the applicant can either (1) request that the Special Use Permit comply with the previous Ordinance or (2) the applicant can request that the Special Use Permit comply with the newly revised Ordinance. The law also amended the powers of the Planning Board around their ability to impose "conditions and safeguards." • Session Law 2019-174: (Effective July 26, 2019): This law amends the General Statutes to clearly state that the Zoning Ordinance prohibits the County "from including 12/2/19 235 a minimum square footage for any structures subject to the State Building Code for one and two-family residential dwellings." This amendment also "limit(s) the authority of Counties to require burial of power lines as a part of subdivision approvals." The amendments are found in Chapter II1, Zoning, Article VII. District Regulations, Section 2. Conditional Districts and Chapter X. Subdivisions, Article IV. Legal Provisions, Section 2. Subdivision Definition and Exceptions, Item c) and Section 4. Required Improvements. Over the next several months, Planning staff will be working on updating the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan. Again, many of the changes in the Unified Development Ordinance will be due to changes in the General Statutes, specifically Session Law 2019 Part 11. The Session Law is taking the existing City and County Zoning regulations from two different chapters in the General Statutes (NCGS § 153A and NCGS § 160A) and merging the two chapters to become one chapter (NCGS § 1601)). In addition to the changes outlined above, numerous changes due to Session Law 2019 Part II will become effective January 1, 2021. Planning Staff will continue to work on those and will be reaching out to members of the Randolph County Planning Board for items they would like to see added to the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan. The Planning Board held their public hearing on November 5, 2019, and recommended to the Randolph County Board of Commissioners the adoption of all the amendments. At 8:11 p.m., Chairman Frye opened the Public Hearing and closed it after hearing no comments. On motion of McDowell, seconded by Kidd, the Board voted unanimously to adopt the amendments to the Randolph County Unified Development Ordinance, as follows: Chapter L Definitions Article L Definitions. Development: This definition includes: a) The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition ofav structure; b) Excavation, grading filling, clearing, or alteration of land; c) The subdivision of land as def ned in NCGS § 153A-335; or d) The initiation ofsubstantial changes in the use of land or the intensity of the use of land. Development Permit: This term is defined to be an administrative or quasi-judicial approval that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal including any of theaolloL4 n : 12/2/19 236 a) Zoning permits; b) Site plan approvals; c) Special Use Permits; d) Variances; e) Certificates ofAppropriateness; fj Plat approvals; g) Development agreements; h) Building= permits; i) Subdivision of land; j) State a eenncy permitsfordevelopment; k) Drivewaypermits; Z) Erosion and sedimentation control permits; and m) Sign permit. Down -zoning: For the purpose of this Ordinance is defined as a rezonin that affects an in one of the followiLig way a) By decreasing the development density of the land to be less dense than was allowed under its previous usage or zoning; or b) By reducing the permitted uses of the land that are specified in this Ordinance or the Randolph County Growth Management Plan to fewer uses than were allowed under its previous usage or zonin. End -of -Life: Means photovoltaic modules, energy storage system batteries, and other equipment used in utility -scale solar and wind eneLU projects that are removed and taken out ofservice that will not be reused. Energ Sy tora e System Batterv: Means a battery that is part of a system used to store chemical enemy that was once electrical ener, for use in a process that contributes to end user demand management or grid operation and reliability. This term does not include energy storage system batteries: (1) that are part ofa consumer electronic deviceforwhich it provides electricity needed to make the consumer electronic device function or (2) that are part ofa plug-in vehicle as defined in NCGS � 20-4.01(28a), or an alternative fuel vehicle (AFV) as that term is defined in NCGS 143-58.4(a) (1). 12/2/19 237 Land Development Regulation: Is defined to be any State statute, rule, or regulation, or local ordinance a ecting the development or use o real property, including any o the ollowing: a) Unified Development Ordinance; b) Zoning regulation, including zoning maps; c) Subdivision regulation; d) Erosion and sedimentation control regulation; e) Floodplain or flood damyge prevention regulation; fj Mountain ridge protection regulation; g) Stormwater control regulation; h) Wireless telecommunication facility regulation; i) Historic preservation or landmark regulation; or j) Housin code. Multi phased Development: A development containing twent-five (25) acres or more that is both of the ollowin : a) Submitted for development permit approval to occur in more than one phase; and b) Subject to a master development plan with committed elements showing the type and intensityof use o each phase Performance Guarantee: A financial commitment from a developer ofa subdivision to ensure that Randolph County will have funds available to complete any required infrastructure in the event the developer fails to do so. Photovoltaic Module: Means the smallest nondivisible, environmentally protected assembl o photovoltaic cells or other photovoltaic collector technology and ancillary parts intended to generate electrical power under sunlight, except that 'photovoltaic module" does not include a photovoltaic cell that is part of a consumer electronic device for which it provides electricity needed to make the consumer electronic device function. "Photovoltaic module " includes interconnections, terminals, and protective devices such as diodes that: (1) are installed on, connected to, or integral with buildings or (2) are used as components oLfreestandino -grid, power generation systems, such as for powerin water pumping stations, electric vehicle charging stations, fencing, street and signage lights, and other commercial or agricultural purposes. Utility -scale Solar Project: Means a ground -mounted photovoltaic (PV), concentrating photovoltaic (CPV), or concentrating solar power (CSP or solar thermal) project directly connected to the electrical grid that generates electricity for sale. The term includes the solar 12/2/19 238 arrays, accessory buildings, transmission facilities, and any other infrastructure necessary for the operation of the project. The term does not include renewable enem facilities owned or leased by a retail electric customer intended primarily for the customer's own use to offset the customer's own retail electrical enemy consumption at the premises. Wind Enemy Facility: Means the turbines, accessory buildings, transmission facilities, and any other equipment necessary for the operation of the facility that cumulatively, with any other wind energy facility whose turbines are located within one-hai mile of one another, have a rated capacity ofone megawatt or more ofeneLU. Chapter II. Zoning Article VII. District Regulations. Section 2. Conditional Districts Nothing in this Ordinance shall be viewed as Randolph County requiring a minimum square footage for any structure subject to the State Buildin Code for one and two-family residential dwellings in compliance with SL 2019-174. Minimum house size requirements may only be set by the developer of a new subdivision. Section 5. Special Uses. The Planning Board, meeting in a quasi-judicial role, shall consider the application and com- ments at the public hearing and may grant or deny the Special Use Permit requested. Conditions and safeguards imposed under this section shall not include requirements for which Randolph County Planning Board does not have authority under existing Statutes to regulate nor requirements for which the Courts have held to be unenforceable if imposed directly by Randolph County Planning Board, including, without limitations, taxes, impact fees, building design elements, driveway -related improvements in excess of those allowed in NCGS � 136-18(29), or other unauthorized limitation on the development or use o the land. Article XIII. Administrative and Legal Provisions. Section 4. Changes and Amendments. The Board of Commissioners shall, in accordance with the provisions of NCGS § 153A-343, provide for the manner in which zoningulations and restrictions and the boundaries ofzoning districts shall be determined, established, and enforced, and from time to time amended, supplemented, or chap end. This Ordinance also provides that the Randolph County Zoning Board of Adjustment, the Randolph County Planning Board or the Randolph County Board of County Commissioners may use Special Use Permit or Conditional Districts in the classes of cases or situation and in accordance with the principles, conditions, safeguards, and procedures specified therein and may impost reasonable and appropriate conditions and safeguards upon these permits. Conditions and safeguards imposed under this section shall not include requirements for which Randolph County does not have authority under statute to regulate nor requirements for which the courts have held to be unenforceable ifimposed directly the County, including, without limitation, taxes, impact fees, building design elements within the scope of NCGS § 153A-340.1, driveway - related improvements in excess of those allowed in NCGS � 136-18(29), or other unauthorized limitations on the development or use of land. Where appropriate, the conditions may include requirements that street and utility rights-of-way be dedicated to the public and that recreational 12/2/19 239 space be provided. When deciding Special Use Permits or Conditional District permits, the Randolph County Planning Board shall follow quasi-judicial procedures. Notice of hearing Special Use Permits or Conditional District permit applications shall be provided in NCGS .� 160A -388(a2). No vote greater that a majority vote shall be required for the Randolph County Planning Board to issue such permits, or for the Randolph County Board of County Commissioners in cases of rezoning appeals. For the purpose of this section, vacant positions on the Randolph County Planning Board or the Randolph County Board of County Commissioners and members who are disqualified from voting on a quasi-judicial matter shall not be considered "members of the Board" for calculation of the requisite majority. Every such decision of the Randolph County Planning Board, or the Randolph County Board of Commissioners in cases o� appeals, shall be subject to review of the superior court in the nature ofcertiorari consistent with NCGS § 160A-388. The Rogird 4C-oH,.t , Commissioner-smq�x,th o;,, 0114F.14 „tion OF HPOR a) The procedures adopted pursuant to this section shall provide that whenever there is a zoning map amendment, the owner of that parcel of land as shown on the Randolph County Tax Listing, and the owners ofallparcels of land abutting that parcel ofland as shown on the Randolph County Tax Listing, shall be mailed a notice o fapublic hearing on the proposed amendment by first class mail at the last addresses listed for such owners on the Randolph County Tax Abstracts. This notice must be deposited in the mail at least ten (10) but not more than twenty - ave (25) days prior to the date of the public hearing. "r^ „a,.°•'^ti^j^ OF M6jP Sr ^" dam b) The first-class mail notice required under subsection (a) of this section shall not be required if the zoning map amendment directly affects more than fifty( 50) properties, owned by a total of at least fifty (50) different property owners, and the County may elect to use the expanded published notice provided for in this subsection. In this instance, the County may elect to either make the mailed notice provided for in subsection (a) of the section or may as an alternative elect to publish notice of the hearing as required by NCGS § 1.6053A-3,6423, but provided that each advertisement shall not be less than one-half of a newspaper page size. The advertisement shall only be effective for the property owners who reside in the area of general circulation of the newspaper which publishes the notice. 12/2/19 240 Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified according to the provisions of subsection (a) of this section. p) Vested Rights: Requests to establish vested rights in accordance with GS 153A- 344.1 by a Site Specific Development Plan shall include that information and process required for issuance of a Zoning Permit; Septic Tank Permit; Conditional Zoning District; Special Use Permit; or Subdivision Plat approval as specified in the Randolph County Unified Development Ordinance. Subject to the exceptions set forth below, upon issuance o a development permit, the statutory vesting granted by this section for a development shall be e ective upon fling ofthe application in accordance with NCGS § 143-755 for so long as the permit remains valid pursuant to law. Unless otherwise specified by statute, local development permits expire one year after issuance unless work authorized by such permit has substantially commenced. For the purpose of this section, a permit is issued either in the ordinary course of building of Randolph County Planning and Zoning Department or by the applicable governmental aeenncy as a court directive. Subject to the exceptions set for below, where multiple land development permits are required to complete a development project, this section, together with NCGS § 143-755, authorized the development permit application to choose the version ofeach of the local land development regulations applicable to the project upon submittal of the application for the initial development permit. This provision is applicable only for those subsequent development permit applications files within eighteen (18) months of the date followiLng the approval o an initial permit. For purposes of the vesting protections of this subsection, an erosion and sedimentation control permit or a sign permit shall not be considered an initial development permit. The establishment ofa vested right under any subdivision ofthis section does not preclude vesting under one or more other subdivisions of this section or vesting by application of common law principles. A vested right, once established as provided for in this section, precludes any action a Randolph County that would change, alter, impair, prevent, diminish, or otherwise delay the development or use of the property allowed by the applicable land development regulation or regulations, except where a change in State or federal law mandating Randolph County Planning and Zoning Department enforcement occurs ofer the development application is submitted that has a fundamental and retroactive effect on such development or use. Except where a longer vesting period is provided by statute, the statutory vesting granted by this section shall expire for an uncompleted development project if development work is intentionally and voluntarily discontinued for a period ofnot less than twenty-four (24) consecutive months. The twentyfour (24) month discontinuance period shall also be tolled 12/2/19 241 during the pendency of any litigation involving the development project or property that is the subject o the vesting. The vested rights granted by this section shall run with the land except for the use of land for outdoor advertisiws governed by NCGS § 136-131.3 and NCGS § 136-131.2, in which case the rights granted by this section shall run with the owner of permit issued by the North Carolina Department of Transportation. q) Amendments in land development regulations shall not be applicable or enforceable without the written consent of the owner with regard to any of the ollowin : i. Buildings or uses of buildings or land efor which a development permit application has been submitted and subsequently issued in accordance with NCGS � 143-755. ii. Subdivisions of land efor which a development permit authorizing the subdivision has been issued in accordance with NCGS $143-755. iii. A vested right established pursuant to NCGS ,� 153A-344.1 and such vested right remains valid and unexpired pursuant to NCGS � 153A-385.1. iv. A vested right established by the terms of a development agreement authorized by Part 3D of this Article. v. A multi phased development as provided for in this subdivision, in accordance with NCGS � 143-755. A multi -phased development shall be vested for the entire development with land development regulations then in place at the time a site plan approval isranted for the initial phase of the multi phased development. A right which has been vested as provided for in this subdivision shall remain vested for a period of seven O years from the time a site plan approval is granted for the initial phase of the multi -phased development. Section 10. Attorneys' Fees. In anv action in which Randolph Coun is a part ,ypon a indingby the court that Randolph County violated a statute or case law setting forth unambiguous limits on its authority, the court shall award reasonable attorneys :fees and costs to the part who successfully challenged Randolph County's action. In any action in which Randolph County is a party, upon finding by the court that Randolph County took action inconsistent with, or in violation of NCGS § 160A-360.1, NCGS .� 153A-320.1, or NCGS � 143-755, the court shall award reasonable attorneys' fees and costs to the party who successly challenged Randolph Counter failure to comply with any of those provisions. In all matters, the court may award reasonable attorneys' fees and cost to the prevailing private litigant. For purposes of this section, "unambiguous " means that the limits of authority are not reasonably susceptible to multiple constructions. Chapter III. Subdivisions Article IV. Legal Provisions. 12/2/19 242 Section 2. Subdivision Definition and Exceptions. c) Nothing in this Ordinance shall be viewed as Randolph County requiring a minimum square footage for any structure subject to the State Buildingodefor one and two- amily residential dwellings in compliance with SL 2019-174. Minimum house size requirements may only be set by the developer ofa new subdivision. Article VIL Improvements Required Prior to Approval of Final Plats. Section 2. Performance Guarantees oflmprovement. To assure compliance with these and other Ordinance requirements, the Ordinance shall provide for performance guarantees to assure successful completion of required improvements. If -a perfo�anee guaFantee is 1-equilvd-, the County shag J91,0146k. q VqHge of option types �f For the purposes of this Ordinance, the following shall apply with respect to per ormance guarantees: a) Type. The type o f'per ormance guarantee" shall beat the discretion o the developer and shall mean any ofthe following forms ofguarantee: 1) Surety bond issued by any companv authorized to do business in the State of North Carolina; 2) Letter of credit issued by anyfinancialinstitution licensed to do business in the State ofNorth Carolina; or 3) Other form ofguarantee that provides equivalent security to a surety bond or letter o credit. b) Duration. The duration of the performance guarantee shall initially be one year, unless the developer determines that the scope of the work for the required improvements necessitates a longer duration. In the case ofa bonded obligation, the completion date shall be set one (1) year from the date the bond is issued, unless the developer determines that the scope of work for the required improvements necessitates a longer duration. c) Extension. The developer shall demonstrate reasonable, ,good -faith progress toward completion of the required improvements that are secured by the perormance guarantee or any extension. If the improvements are not completed to the specifications o Randolph County, and the current perormance guarantee is likely to expire prior to completion of the required improvements, the performance guarantee shall be extended, or a new performance guarantee issued, . or an additional period; provided, however, that the extension shall only be for a duration necessary to complete the required improvements. La new performance guarantee is issued, the amount shall be determined by the procedure provided for under item 12/2/19 243 E (Amount) of this subsection and shall include the total cost of all incomplete improvements. d) Release. The per ormance guarantee shall be returned or released, as appropriate, in a timely manner upon the acknowledgement by Randolph County Plannin and Zoning Department that the improvements for which the performance guarantee is beimrequired are complete. Randolph County Planning and Zonin DDepartment shall return letters of credit or escrowed ,funds upon completion of the required improvements to the specifications of the Randolph County Unified Development Ordinance, or upon acceptance of the required improvements, il the required improvements are subject to Randolph County Planning and Zonin�Department acceptance. When required improvements that are secured by a bond are completed to the specifications ofthe Randolph County Unified Development Ordinance, or are accepted by Randolph County Planning and Zoning Department, if subject to Randolph County Unified Development Ordinance, acceptance, upon request by the developer, Randolph County Planning and Zoning shall timely provide written acknowledgement that the required improvements have been completed. e) Amount. The amount of the performance guarantee shall not exceed one hundred twenty -fix percent (125%) of the reasonably estimated costo completion at the time the performance guarantee is issued. Randolph County Planning and Zoning Department may determine the amount of the per ormance guarantee or use a cost estimate determined by the developer. The reasonably estimated cost of completion shall include one hundred percent (100%) of the costs for labor and materials necessary for completion of the required improvements. Where applicable, the costs shall be based on unit pricing. The addition twenty-five percent (25%) allowed under this section includes inflation and all costs ofadministration regardless ofhow such fees or charges are denominated. The amount of extension of anyperormance guarantee shall be determined accordin to the procedures for determining the initial guarantee and shall not exceed one hundred twenty ave percent (125%) of the reasonably estimated cost of completion of the remainingicomplete improvements still outstanding at the time the extension is obtained. Timing. Randolph County Planning and ZoningDepartment, as its discretion, may require the performance guarantee to be posted either at the time the plat is recorded or at a time subsequent to plat recordation. g) Coverage. The performance guarantee shall only be used , or completion o the required improvements and not for repairs or maintenance after completion. h) Legalsponsibilities. No person shall have or may claim any rights under or to any performance guarantee provided pursuant to this subsection or in the proceeds of any such per guarantee other than the following: 1) Randolph County Planning and Zoninepartment to whom such per ormance guarantee is provided; 12/2/19 244 2) The developer at whose request or for whose benefit such performance guarantee is given; or 3) The person or entity issuiLig or such performance guarantee at the request ofor for the benefit ofthe developer. i) Multiple Guarantees. The developer shall have the option to post one type of performance guarantee as provided for in item A (Type) of this section, in lieu of multiple bonds, letter of credit or other equivalent security for all development matters related to the same project requiring performance guarantees. Performance guarantees associated with erosion control and stormwater control measures are not subject to the provisions of this section. Section 4. Required Improvements. Electrical utilities and communication lines shall be installed with arrangements made by the sub -divider with the utility company or cooperative authorized to serve the area of the subdivision. All utilities shall be installed underground as required by the Randolph County Hazard Mitigation Plan. However, in accordance with SL 2019-174, if the power and communication lines to be buried existed above ground when the plat or plan was initially approved, even if the power line was subsequently relocated, and the power lines is located outside the parcel of land containing the subdivision, the power or communication lines are not required to be buried. If placing the utilities underground is not possible, the developer must submit a letter from the utility provider or an engineer detailing the obstacles to placing utilities underground. Annual Planning Retreat On motion ofAllen, seconded by Haywood, the Board voted unanimously to schedule a Special Meeting for the Annual Planning Retreat on February 27, 2020. CCG Ranee and Training Complex, Inc. Ben Morgan, County Attorney, stated that the case had not been heard in November at Superior Court and had not been rescheduled before this meeting. County Manager Update County Manager Hal Johnson announced that the Veterans Office has moved to the old Elections Offices. An open house will be scheduled soon. Probation and Parole and Adult Day Reporting will be ready to move in January to the Northgate Complex. Commissioner Comments Commissioner McDowell asked for financial information from Randolph Health from 2011, 2012, and 2013 since we are helping them apply for the Rural Health Care Restructuring program. Adjournment At 8:17 p.m. on motion of McDowell, seconded by Allen, the Board voted unanimously to adjourn. 12/2/19 Darrell Frye, Chairman David Allen Kenny Kidd Hope Haywood Maxton McDowell Dana Crisco, Clerk to the Board 245 12/2/19 Attachme2a oz z O O M °c < a P a 3 N I VLn N 4::kW N N M CL I I 1 ..� .. 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Z5C v m CD WZ Q v0 r rD f° f(D 0! 7 rD rr 3 rD a a ° � E p �. rD � o� a 3 p rt 6J [p a rr rD A CO n Z3 n cu o m z a H F-' H N 01 Q1 01 01 C �a ,_ N .P w~ � 3 a p Q a 0©© O O Q O O TI c Q H 4 I--` F-+ H H iD W Ul C!1 U'l U'l 0 o a o o 60 0o 0o 0o 60 V c ca N-1 NJ a O 0 0 LM O O O Iv 0 Lm 3 jy O1 k+ H Ul N Ln N V A V cr O p W O lD Jm l71 W Ul N H N •A 00 N 01 N '� 05 N 00 l0 GO � vs r '4 C N O N O O NI- N ;a N G W O (o A Gll co to O to O = 'C a e Ln 0 ff 3 N G a~ C7 o L i O! p (D .1 N l0 O � v m o n 0 R A p i a ' w w cr <o�. cu � v c = m o a C -0 O O 3 rD 3 c c 3 3 N G (Doh 3 cu G rD cr cu 0 I I r•r r+ II n rte' r 0 z 3� v• Qj r+ GR — M Cr W o M. '* r+ r — O Q rX 4J r+ `C + rD rr+ + r n aUr w p 3 Cr +a. cr pQJ n. 1%� f7 Q O Q n C s�, rV+ r+ G + + 0 i 7� © m (D a) �' a a) C:LCL CL On O S Ln epi r+ + I m O =p r+ O m ana m cro m vi 261 0 !"l. 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O 1 nr 61 �' D rip rD �:� 3 a �s n ani O75 m a w :3rD °; p m 3=r 3 3 n nro m r+ a p CL n 3 -°p � � - rt � O o r,•i -O ,N+ w an D N ro p f6 O 7 DrD(D < -C CL ry 3 (D 7 7 -p n a s 7 In D 'y Du -N�- rr p DO Dn _3 O- o ro r� ¢r ,-�- 3 _0 (D 3 ro w av, D in' rD fD ELI (D rt @ ro n C Q O O O 3 a O CL � ro a fD r� p DJ 7 Q n' CD O rL N 0_ ,r+ Y + h v (A 1 F) (A m a) r+ CL rol0 r+ m 0 1V 0 T� • M `0`.'9 Y L Randolph County Sheriff's Office VERTICALIZATION OF FLEET MAINTENANCE This will allow for better service to the deputies and citizens. Will provide better resources to the community. Allows the Sheriff's Office to become more accountable and self-sufficient. Below are my ABC's to my citizens and employees. • Accountability • Better Service • Cost Efficient • Safety ACCOUNTABILITI • To ensure Officers are taking care of assigned vehicle. • Extra care to older vehicles. • To ensure deputies have safe vehicles to drive while on patrol. BETTER SERVICE • Maintain Accurate Records of each Vehicle in the 255 vehicle Fleet. • Provides better service to citizens with little or no out of service time. • No down time for officers who need immediate assistance so they may presume patrol. • 24 Hour service with on call employee. (If Needed) SAFETY • Knowledge of who is working on vehicle. • Knowledge of past history of problems with vehicle COST EFFICIENCY Basic duties to be performed initially • Oil Change & Grease • Tires • Complete Brake Replacement • Inspection _ TIRES Commercial Garage Cost (1 Set) $674.13 In House Garage Cost 0 Set) $478.50 Net Difference <$180.53> COMPLETE BRAKE REPLACEMENT • Commercial Garage Cost (1 Set) $641.98 • In House Garage Cost 0 Set) $244.87 • Net Difference <$351.99> !' NC SAFETY INSPECTIONS • Commercial Garage Cost (1 Inspection per year) $30.00 • In House Cost (1 Inspection Per Year) $6.25 • Net Difference $13.82 COST OF MAINTENANCE WITH COMMERCIAL GARAGE Total Total of Cost of Commercial Commercial Commercial Garage Garage Service # per Year Garage cost per Vehicle Cost Cost b Service Oil Change & 6 $41.30 $247.80 $63,189.00 Grease Tires 1 $674.13 $674.13 $171,903.15 Brake 1 $641.98 $641.98 $163,704.90 Replacement NC 1 $30.00 $30.00 $7,650.00 Inspection �e��,iv. GENERAL o In House In House Hours Of Labor Garage Net Service and Cost per labor cost by Garage Labor hour cost per Difference hours service Oil change and Grease $14.69 0.50 $22.56 $37.25 $4.05 $50,994.80 Tires $ 478.56 0.50 $15.04 $493.60 $180.53 $125,808.20 Complete Brake $244.87 1.50 $45.12 $289.99 $351.99 $73,948.22 Replacement Safety $6.25 0.50 $15.04 $16.18 $13.82 $4,125.15 Inspections ITEMS TO CONSIDER • Spillman Software Accommodates Fleet Maintenance Record Keeping. • Additional Tools Next Five Years • Increase of Utilities • No Cost for Worn Tire Disposal • No Cost for Oil Disposal • Additional License for Garage -7 FLEET MAINTENANCE FACILITY --- • Davidson, Alamance, Guilford, Moore, Rockingham, Forsyth, Chatham Counties all have County Fleet Maintenance Facilities to Service their Patrol Vehicle Fleet. • Sheriff Steve Bizzell (5 -term Sheriff) of Johnston County Stated - "The Best Addition That He and His staff added to the Johnston County Sheriffs Office." := KEY ISSUES Officer Safety- Knowing who is doing the work on your vehicle. Complaints in reference to wheel lugs being loose on vehicles after service work was complete. • Patrol Officers have stated that they have arrested a few of the employees that work at the area commercial service facilities. • Better Communication of vehicle problems with your own Maintenance Team compared to a commercial shop. RETURN ON INVESTMENT • Capital Expenditures • Salary (48,200.00 x 2) • Totals • Savings • ROI $89,000.00 (County Approved PO's) $96,400.00 ( salary & benefits) $185,400.00 $141,945.73 (1.31) 1 Year 4 months THAN TWO (2) PAYBACK ON INVESTMENT GARAGE EMPLOYEES • Currently 1 full time position --- $ 48,000 and 1 part time position at an 18.23 Hourly Rate. • The full time position is currently assigned to the maintenance facility. • All work will be entered into Spillman Fleet Maintenance Program when job is completed. INSTALLATION AND MAXIMIZE OF PREDICTIVE MAINTENANCE PROGRAM • Execute Predictive Maintenance on High Mileage Vehicles • Example: Dodge Chargers & Durango vehicles with higher weight oil • Implement Predictive Maintenance measures on belts and hoses SAFETY AT FLEET MAINTENANCE _ FACILITY & COST EFFECTIVENESS • Top priority of Sheriff's Office in this facility: • Supports the RCSO CULTURE throughout the Sheriff's Office • Policies will be administrated by RCSO • Address and correct noted audit discrepancies by Asheboro City & Randolph County inspection Departments • Complete Audits on equipment and cost analysis of facility for reporting cost responsibility monthly to the Sheriff. • Report quarterly to Randolph County Commissioners with operating expenses and work performed. (Actual versus Budget expenditures)