070907July 9, 2007
The Randolph County Board of Commissioners met in regular session at 4:00 p.m. in the Commissioners
Meeting Room, County Office Building, 725 McDowell Road, Asheboro, NC. Commissioners Holmes, Frye,
Kemp, Haywood, and Lanier were present. Father Larry Emerson, All Souls Anglican Church, Asheboro, gave
the invocation and everyone recited the Pledge of Allegiance.
Special Presentation
Chairman Holmes presented an engraved plaque to Annie Shaw in appreciation of her 20 years of service on
the Randolph County Jury Commission.
GFOA Certificate for FY 2005-2006
Will Massie, County Finance Officer, announced that Randolph County's Comprehensive Annual Financial
Report has been awarded a Certificate of Achievement for Excellence in Financial Reporting for the 18th
consecutive year by the Government Finance Officers Association (GFOA) of the United States and Canada.
The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and
financial reporting, and its attainment represents a significant accomplishment by a government and its
management.
Public Comment Period
Pursuant to N.C.G.S. § 153A-52.1, Chairman Holmes opened the floor for public comment. No one spoke,
and Chairman Holmes closed the public comment period.
Approval of Consent Agenda
On motion of Frye, seconded by Kemp, the Board voted unanimously to approve the Consent Agenda, as
follows:
• approve 614107, 615107, 6111107, 6114107, & 6125107 meeting minutes;
• approve 2007 Randolph County Classification Plan;
• adopt Proclamation Honoring 2007 SWRHS Softball State Champions, as follows;
WHEREAS, the Southwestern Randolph High School Softball Team, on Saturday, June 2, 2007, earned the 2007
State 3-A Softball Championship in Raleigh, North Carolina, compiling an impressive 31-1 season record; and
WHEREAS, special commendation is due all team members, Head Coach Steve Taylor and Assistant Coaches
Danny Campbell, Lee McCaskill & Wendell Seawell, as well as all those who actively worked to make this year's
softball season a success; and
WHEREAS, the seniors, over their four years, boast a remarkable 100-13 record, and
WHEREAS, Southwestern Randolph High School Softball record for the past 10 years is 222-48; and
WHEREAS, Seniors Natalie Haithcox, Ashley Seawell and Brittany York made the North Carolina's WestAll-Star
Softball Team; and
WHEREAS, the Southwestern Randolph High School Softball Team has exhibited athletic ability and great
sportsmanship, both on and off the field, thereby bringing pride and recognition not only to Southwestern Randolph
High School, but also to Randolph County and its citizens.
NOW, THEREFORE, BE IT PROCLAIMED by the Randolph County Board of Commissioners that we
acknowledge the talents, skills, teamwork, sportsmanship, and successes of the Southwestern Randolph High School
Softball Team, the 2007 3A State Champions, and, on behalf of our citizens, we do hereby extend this expression of
our pride in this prestigious milestone and wish them well in their future endeavors.
• reappoint Susan Behr and Libby Frye to the Adult Care Home Community Advisory Committee;
• appoint Dr. Robert Shackleford to Workforce Development Board (new seat);
• reappoint Greg Patton, Sherri Trotter, Sandy Key, Lisa Royal, Joe Goldston, Arnold Lanier, Clark Bell,
Talmadge Baker, Pam Hill, Johnathan Sermon and Wendy Kennon to the Juvenile Crime Prevention
Council;
• approve Budget Amendment #1 Public Health, as follows:
2007-2008 BUDGET ORDINANCE—GENERAL
FUND AMENDMENT
91
Revenue
Increase
Decrease
Restricted Intergovernmental
$35,929
Appropriations
Increase
.Decrease
Public Health
$35,929
Update on Industrial Site Development
Bonnie Renfro, Economic Development Corporation, stated that three years ago the EDC came to the Board
with the premise that communities prepared for success will achieve. At that time, the Board decided to set
aside funds for four years. The EDC decided to proactively focus on industrial product development with site
and industrial parks on land that is ready for development. The EDC formed the Randolph County
Development Corporation (RCDC), which is 5016, to focus on real estate. RCDC's goals were established as
tax base, jobs, income, diversification in the business sector, and an economic driver project that serves as a
catalyst for more development. Out of seven potential sites, three were selected based on their observed ability
to attract EDC's target sectors. Ms. Renfro stated that EDC is currently in discussions with property owners
about property control and seeking partners among municipalities, utility providers, and railroads. She said
their next steps will be to request funding to further evaluate sites, engineering reports on geo-technical streams,
infrastructure extension plan, and conceptual planning.
Consider Approval of Interlocal Agreement Between the County and the PTRWA
Vice -Chairman Frye stated that the Joint Governmental Agreement will allow the Piedmont Triad Regional
Water Authority to go forward with securing financing for the water treatment plant and the distribution lines.
On motion of Haywood, seconded by Frye, the Board voted unanimously to approve the Interlocal
Agreement between the County and the Piedmont Triad Regional Water Authority, as follows:
JOINT GOVERNMENTAL AGREEMENT
This Agreement is entered into this 9rh day of July, 2007 and is among PIEDMONT TRIAD REGIONAL WATER
AUTHORITY (the `Authority'), and authority created under N.C.G.S. § 162A-3.1, and the following: CITY OF
ARCHDALE, CITY OF GREENSBORO, CITY OF HIGH POINT, TOWN OF JAMESTOWN, CITY OF RANDLEMAN,
and COUNTY OFRANDOLPH (collectively, the `Members').
Background Statement
The parties hereto entered into a Joint Governmental Agreement dated September 18, 1987 (the "1987 Agreement' ),
pursuant to which the Members agreed, among other things, to prove funds to the Authority to acquire land and construct
Randleman Dam, a reservoir and related facilities. The 1987 Agreement also provided that financing of the first phase
(12 MGD capacity) of a water treatment plant (the "Water Treatment Plant') and related facilities would be financed
with revenue bonds (together with future Authority revenue bonds, the "Revenue Bonds') of the Authority and
contemplated that debt service on the Revenue Bonds, as well as the Authority's operating costs, would be funded through
payments from the Members to the Authority. To that end, the parties want to supplement and amend the 1987 Agreement
by entering into this Agreement.
The Agreement
The parties agree as fallows:
1. Members' Rights Concerning Treated Water. Each Member shall have the right to receive monthly from the
Authority, and the Authority shall make available monthly to each Member at the connection between its pipelines and
those of the Members, the percentage of the Authority's total monthly production of treated water corresponding to the
percentage indicated for that Member on Exhibit A. Members shall have the right to produce their own treated water and
to buy treated water from parties other than the Authority, including other Members. Members shall also have the right
to sell to other parties (including other Members) (i) treated water (regardless of its source) and (ii) rights to receive
treated water from the Authority, but in neither event shall the obligations hereunder be altered, except to the extent the
selling Member's obligations hereunder have been actually discharged by the buyer. Upon request of any Member, the
Authority shall increase production of treated water by expansion of the Water Treatment Plant if (i) the Authority
determines that such expansion is technically and economically feasible applying prudent utility practice standards, (ii)
the Members wanting to receive a portion of the increased production agree to their respective percentages thereof and
Exhibit is revised in accordance therewith. Such revised Exhibit shall take effect under Section 2(a) on and after the
date treated water is first delivered pursuant to such expansion and shall also apply prior to that date with respect to any
non -Revenue Bond -financed expenditures incurred by the Authority as a result of such expansion.
2. Pavments by Members to the Authority. As payment for treated water delivered or made available by the
Authority or expected to be delivered or made available by the Authority, the Members shall pay the Authority as follows
(regardless ofwhether treated water is actually available or taken):
(a) Commencing on the day of the month following the month in which the Authority first makes treated water
available to Members and on the day of each month thereafter, each Member shall pay to the Authority its share, as
indicated below, of the Authority's total expenditures for the previous month, other than (i) amounts covered by
subsection 2(b) and (ii) expenditures from proceeds of the Revenue Bonds and investment earnings thereon (the
"Operating Cost Obligations'). The Members' respective shares of the Authority's fixed expenditures relating to the
Water Treatment Plant (as determined by the Authority) shall be the percentages on Exhibit A; the Members respective
shares of the Authority's other fixed expenditures (as to be determined by the Authority) shall be the percentages on
Exhibit C; and the Members' shares of the Authority's variable expenditures (as determined by the Authority) shall be
based on each Member's share of the Authority's total treated water delivered to all Members during that month. Subject
to the provisions of Section 6, upon notice from the Authority that a Member has not made an Operating Cost Obligation
payment in full, each other Member shall promptly pay to the Authority as additional Operating Cost Obligation its pro
rata share (based on its percentage of the total amount due from Members (other than the defaulting Member) under the
first sentence of this subsection (a)) of the defaulted amount, except that no Member shall be obligated to pay more than
[12501o] of the amount due from it under the first sentence of this subsection (a). Such payments shall not affect the
obligations of the defaulting Member; and if defaulted amounts are subsequently received or collected from the defaulting
Member, such amounts shall be paid to the Members making up the defaulted amounts based on their respective
percentages thereof. Until the Operating Cost Obligations commence, the Members shall pay the Authority's operating
costs based on the percentages in Exhibit C. It is anticipated that Exhibits A and B will be revised in connection with
each issuance of Revenue Bonds after the initial issuance of Revenue Bonds.
(b) (i) Except as provided in the following paragraph, each Member shall pay, by 10:00 a.m. two business days
before due from the Authority, its percentage as indicated on Exhibit B of any amounts due from the Authority to the
trustee for the holders of the Revenue Bonds, including, without limitation, amounts due for debt service and debt service
reserve fund maintenance with respect to the Revenue Bonds; and (ii) if any Member fails to pay in full the amount owed
by it under clause (i) (collectively, the "Debt Service Obligations'). Any excess Revenue bond proceeds ( and investment
earnings thereon) remaining after completion of the projects to be financed with those Revenue Bonds shall be paid to the
Members based on the percentages in Exhibit B.
Any Member shall be excused in whole or in part from the Debt Service Obligations described in clause (i) above with
respect to any series of Revenue Bonds to the extent that it provides to the authority an amount equal to its share (based
on the percentages in Exhibit B of the costs otherwise to be financed by that series of Revenue Bonds, and does so at
least two months before the scheduled issuance of those Revenue Bonds.
(c) Exhibits A, B and C represent a good faith effort by the parties to allocate the Operating Cost Obligations and
Debt Service Obligations (collectively, the "Payment Obligations') fairly among the Members based on their present and
expected future requirements for treated water from the Authority and their long-term benefits from the improvements
financed with the Revenue Bonds.
(d) Each Member shall budget for and appropriate amounts sufficient to satisfy its Payment Obligations (subject to
the limitations imposed by Section 3). The Payment Obligations shall be absolute, unconditional and irrevocable and
shall be performed strictly in accordance with the terms hereof and without abatement or reduction under all
circumstances whatsoever, including whether or not any facility of the Authority is completed, operable or operating and
notwithstanding the suspension, interruption, interference, reduction or curtailment of the output of any such facility or
the treated water contracted for, and that such obligations shall not be subject to any reduction, whether by offset or
otherwise, and shall not be conditioned upon the performance or nonperformance of the Authority or any Member under
this Agreement or any other instrument. Payment obligations not paid when due shall bear interest until paid at any
interest rate to be determined from time to time by the Authority. The second sentence of Section 3 of the 1987 Agreement
is deleted therefrom.
[Sections 3 and 4 are based in part on an assumption the rating agencies and bond insurers look to the water and/or
sewer systems of the Members for payment of the Revenue Bonds.]
3. Limited Nature of Payment Obligations. Each Member shall satisfy its Payment Obligations from its revenues
(the "Water and Sewer Revenues') from the operation of its water system and its sewer system ("Water and Sewer
System' ), if any but may satisfy its Payment Obligations from any moneys except moneys derived from any exercise by the
member of its taxing powers. The Payment Obligations are unsecured and do not constitute or result in any direct or
indirect pledge of the taxing power of the Members.
4. Generation and Protection ofMember Water and Sewer Revenues. Each Member has not pledged or encumbered
and will not pledge or encumber its Water and Sewer Revenues or if it has or does, any such pledge or encumbrance will
apply only to Water and Sewer Revenues remaining after satisfaction of its Payment Obligations. Each Member (other
than the County of Randolph, so long as it does not have a Water and Sewer System) shall operate its Water and Sewer
System) shall operate its Water and Sewer System as one or more enterprise funds and charge rates and fees such that
sufficient Water and Sewer Revenues are generated to pay all costs of operating and financing its Water and Sewer
System and satisfying its Payment Obligations. The Payment Obligations shall be treated as operating expenses of the
Members' Water and Sewer Systems. So long as it does not have a Water and Sewer System, the County of Randolph
shall maintain unencumbered revenues derived from sources other than exercise of its taxing powers sufficient to satisfy
its Payment Obligations
S. Other Covenants. The parties will not take any action, fail to take any action or permit any action to be taken
that would jeopardize the exemption of interest on the Revenue Bonds from gross income for federal income tax purposed
unless such Revenue Bonds were not intended to be federally tax-exempt when issued). The Authority shall:
(a) comply with the provisions of the documents pursuant to which the Revenue Bonds are issued;
(b) make all its records, documents and facilities available to the Members for inspection; and
(c) use its best reasonable efforts to deliver treated water to the Members at the times and in the amounts requested
by the Members, subject to the limits described in Section 1.
6. Remedies; Assuming Rights of Defaulting Members; Third Party Beneficiaries. The Parties acknowledge that
they may have no adequate means to protect their rights under this Agreement other than by securing an injunction (i. e., a
court order prohibiting a Member from violating this Agreement). The parties may enforce this Agreement by obtaining a
preliminary and permanent injunction and any other appropriate equitable relief in any court of competent jurisdiction.
The parties acknowledge that termination of rights of a defaulting Member hereunder and the recovery of damages will
not be an adequate means to redress a breach of this Agreement, but nothing in this Section shall prohibit the parties from
pursuing any remedies in addition to injunctive relief, including termination of rights hereunder and recovery of damages.
Upon commencement of the Operating Cost Obligations, section 7 of the 1987 Agreement shall be deleted therefrom. If a
Member's rights hereunder are terminated due to default, other Members may assume all or any portion of the defaulting
Member's rights to receive treated water by assuming its Payment Obligations hereunder with respect thereto; but the
defaulting Member's obligations hereunder shall not be altered thereby, except to the extent that the defaulting Member's
obligations have been actually discharged by other Members. If demand from Members exceeds the amount made
available by the default, requesting Members' rights shall be pro rata based on their relative percentages on Exhibit A.
The holders of the Revenue Bonds, credit enhancers with respect to the Revenue Bonds, and the trustee for such holders
shall be third party beneficiaries of this Agreement.
7. Amendments. This Agreement maybe amended or terminated only by a writing signed by all parties, and may not
be amended (except as contemplated herein) in any way that would have a material adverse effect on the interests of the
holders of the Revenue Bonds. The parties anticipate amending Exhibit A from time to time as described herein.
8. Relation to the 1987 Agreement. To the extent the provisions of this Agreement are inconsistent with the
provisions of the 1987 Agreement, the provisions of this Agreement shall apply, and the 1987 Agreement shall be deemed
amended to that extent. Except to that extent, the 1987 Agreement remains in effect and is reaffirmed.
9. Term. This Agreement shall Terminate and all rights and obligations hereunder shall cease 50 years after the
date hereof.
10. Miscellaneous. This agreement constitutes the entire agreement among the parties as to the matters addressed
herein and binds each of their successors and assigns. No waiver of any breach of this Agreement shall be construed as a
waiver of any subsequent breach. This Agreement shall be construed and interpreted according to the laws of the State of
North Carolina. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions
hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted.
EXHIBIT A
Percentages of treated water each unit is committed to while the WTP is at 12 MGD capacity
Greensboro
64.17%
7.7 mgd
High Point
8.33%
1.0 mgd
Randleman
8.33%
1.0 mgd
Randolph County
8.33%
1.0 mgd
Jamestown
4.17%
0.5 mgd
Archdale
6.67%
0.8 mgd
100.00% 12.0 mgd
EXHIBIT B
Revenue Bond Debt Service
Greensboro 52.82%
High Point 16.88%
Randolph County 19.04%
Randleman 2.18%
Jamestown 2.23%
Archdale 6.85%
100.00%
EXHIBIT C
Ultimate Percentage of Ownership
Greensboro 53.1% 25.5 mgd
High Point 19.0% 9.1 mgd
Randolph County
18.7%
9.0 mgd
Archdale
4.6%
2.2 mgd
Jamestown
2.5%
1.2 mgd
Randleman
2.1%
1.0 mgd
100.00%
48.0 mgd
Approval of Permanent Sewer Easement for Citv of Trinitv at Hopewell School Property
Aimee Scotton, Staff Attorney, stated the City of Trinity has asked for a permanent easement covering 0.27
acres of property at Hopewell Elementary School for the construction of a sewer pump station. This pump
station is part of Phase 2 of Trinity's sewer installation plan, which, when complete, will enable the connection
of Hopewell School to Trinity's system.
On motion of Frye, seconded by Haywood, the Board voted unanimously to approve a permanent sewer
easement for the City of Trinity at Hopewell School property, as presented.
Annual Settlement Report
Ben Chavis, Tax Assessor/Collector, presented the collection settlement reports (real and personal property,
motor vehicles, and ambulance) for FY 2006-2007, as required by G.S. 105-373. The collection rate for 2006-
2007 was 99.51 %.
On motion of Kemp, seconded by Haywood, the Board voted unanimously accepted the following collection
settlement reports for FY 2006-2007, as presented:
REAL & PERSONAL PROPERTY SETTLEMENT REPORT
Beginning Balances:
Current Levy 62,135, 589.42
Delinquent Secured 312, 523.11
Delinquent Unsecured 505,166.38
Total Beginning Receivables 62,953,278.91
Additions
Manual Discoveries, Public Utilities
2,182, 735.01
Supplemental Billing (second billing)
593, 235.82
Credits:
97.41%
AUGUST
Collections
63, 943, 396.34
Releases
SEPTEMBER
325, 429.50
Discounts
91.53%
686, 740.72
Adjustments:
NOVEMBER
-62,179,595.73
Ending Balances:
93.32%
DECEMBER
Current Secured Levy
DECEMBER
243, 436.23
Current Unsecured Levy
92.01%
76, 379.39
Delinquent Secured
FEBRUARY
77, 817.59
Delinquent Unsecured
88.72%
376, 049.97
Total Ending Receivables
MARCH
773, 683.18
VEHICLE SETTLEMENT
REPORT
Billing Month COUNTYONLY
ALL DISTRICTS
Outstanding Balance:
1,139, 751.07
2,198, 779.86
Original Billing:
6, 333, 460.46
8, 600, 539.68
Interest Charged:
129, 035.52
193,193.68
Total:
7, 602, 247.05
10, 992, 513.22
Taxes Collected:
5,881,120.44
8, 338, 069.29
Interest Collected:
129, 035.52
193,193.68
Taxes Released:
144, 360.21
204, 722.45
Unpaid Taxes:
1, 447, 730.88
2, 256, 527.80
Total:
7, 602, 247.05
10, 992, 513.22
COUNTY ONLY
MONTH
ALL DISTRICTS
MONTH
JULY
97.28%
JULY
97.09%
AUGUST
97.41%
AUGUST
97.24%
SEPTEMBER
95.86%
SEPTEMBER
95.76%
OCTOBER
91.53%
OCTOBER
90.99%
NOVEMBER
93.82%
NOVEMBER
93.32%
DECEMBER
93.21%
DECEMBER
92.41%
JANUARY
92.01%
JANUARY
91.49%
FEBRUARY
89.44%
FEBRUARY
88.72%
MARCH
85.67%
MARCH
85.24%
APRIL
82.64%
APRIL
82.35%
MAY
77.21%
MAY
76.86%
JUNE
66.23%
JUNE
65.95%
Appointment of Tax Assessor/Collector, Oath of Office, and Charge to Tax Collector
On motion of Frye, seconded by Kemp, the Board voted unanimously to appoint Debra Hill as Tax
Assessor/Collector for a 4 -year term, and to set her bond for $300, 000. Chairman Holmes administered the
oath of office to Ms. Hill and then read the charge to collect taxes to Ms. Hill, as follows:
You are hereby authorized, empowered and commanded to collect the taxes set forth in the tax records
filed in the office of the County Assessor and in the tax receipts delivered to you, in the amounts and
from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all
real property of the respective taxpayers in the County of Randolph and this order shall be a full and
sufficient authority to direct, require, and enable you to levy on and sell any real and personal property
of such taxpayers, for and on account thereof, in accordance with law.
"Note: See action taken later in the meeting.
Public Hearing on Rural Operating Assistance Program (ROAP) and approve FY 07-08 ROAP
Application and Appendix A Certified Statement
At 5:36 p.m. the Board adjourned to a duly advertised public hearing concerning the FY 2007-08 ROAP
grant application. Roger King, Transportation Director, Randolph County Area Transit System, told the Board
that this grant consolidates the Elderly and Disabled Transportation Assistance Program (EDTAP), the Work
First Transitional/Employment Transportation Assistance Program (WF/EMP) and the Rural General Public
Program (RGP) into a single package. The $262,388 ($123,818-EDTAP, $28,456-WF/EMP, $110,114-RGP)
requested is based on formulas approved by the General Assembly.
Chairman Holmes opened the public hearing. No one was present to speak. Chairman Holmes closed the
public hearing.
On motion of Frye, seconded by Kemp, the Board voted unanimously to approve the FY 2007-08 ROAP
grant application and Appendix A Certified Statement, as follows:
RURAL OPERATING ASSISTANCE PROGRAM
WHEREAS Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of north Carolina
have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for administering
all federal and/or state programs related to public transportation, and grants NCDOT authority to do all things required
in applicable federal and/ or state legislation to properly administer the public transportation programs within the State
of North Carolina;
WHEREAS, G.S. 136-44.27 established the Elderly and Disabled Transportation Assistance Program;
WHEREAS, funds will be used for transportation related expenditures as specified in the FY 2007-2008 Rural
Operating Assistance Program (ROAP) application;
WHEREAS, information regarding use of the funds will be provided at such time and in such a manner as NCDOT
may require;
WHEREAS, it is the policy of the North Carolina Department of Transportation that Disadvantaged Business
Enterprises, Minority Owned Business Enterprises and Women Owned Business Enterprises shall have the opportunity to
participate in the performance of contracts financed in whole or part by Federal and State funds in order to create a level
playing field, and the county shall not discriminate on the basis of race, color, national origin, or sex in the performance
of this contract.
WHEREAS, ROAP funds will be used to provide eligible services during the period July 1, 2007 through June 30,
2008;
WHEREAS, any interest earned on ROAP funds will be expended for eligible program uses as specified in the ROAP
application; and
WHEREAS, the County will include ROAP funds received and expended in its annual independent audit on the
schedule of federal and state financial assistance. Funds passed through to other agencies will be identified as such.
This is to certify that the undersigned is duly elected, qualified and acting chairperson of the Board of County
Commissioners of the County of Randolph, North Carolina, and that the following statements are true and accurate:
Elderlv and Disabled Transportation Assistance Program
1. The funds received from G. S. 136-44.27 will be used to provide transportation services for the elderly and disabled
allowing individuals to reside for a longer period in their homes, thereby enhancing their quality of life.
2. The funds will not be used to supplant or replace existing federal, state or local funds designated to provide elderly
and disabled transportation services in the county.
Employment Transportation Assistance Program
1. The purpose of these transportation funds is to support transitional transportation needs of Work First participants
after eligibility for cash assistance has concluded and/other specified general public employment transportation needs.
2. The funds are limited to use by the local Department of Social Services, Work Force Development Program or the
community transportation system.
3. The funds may be transferred to the Elderly and Disabled Transportation Assistance Program or the Rural General
Public Program after an assessment of employment transportation needs in the service area indicates that employment
transportation needs are substantially being met. This assessment will occur prior to any transfer of funds and following
submission of a statement to that effect from the County Manager to the Public Transportation Division.
Rural General Public Program
1. The funds are limited to use by the community transportation system.
2. The funds will not be used to provide human service agency trips.
Appointment of Voting Delegate for NCACC Annual Conference in August
On motion of Kemp, seconded by Frye, the Board voted unanimously to appoint Harold Holmes as voting
delegate for the NCA CC Conference in August.
Approval of September Meeting Date Due to Holiday Conflict
On motion of Kemp, seconded by Frye, the Board voted unanimously to set the September meeting date to
September 4, 2007, due to holiday conflict.
Approval of Public Hearing on Installment Financing Agreement (COPS) for Public School Construction
On motion of Kemp, seconded by Frye, the Board voted unanimously to set 5: 00 p.m. on August 6, 2007 for
a Public Hearing on Installment Financing Agreement (COPS) for Public School Construction.
Recess
At 5:46 p.m., the Board recessed until 6:31 p.m.
Reconsideration of Tax Assessor/Collector Appointment
On motion of Frye, seconded by Kemp, the Board voted unanimously to reconsider the appointment of
Debra Hill for a 4 -year term, with the term expiring on July 12, 2010.
Appointment of Tax Assessor/Collector
On motion of Frye, seconded by Kemp, the Board voted unanimously to appoint Debra Hill as Tax
Collector to fill the unexpired term of Ben Chavis.
Rezoning Public Hearing
At 6:34 p.m., the Board adjourned to a duly advertised public hearing to consider rezoning requests. Hal
Johnson, Planning and Zoning Director, presented the following requests, and Chairman Holmes opened the
public hearing for comments on each request and closed it before taking action on each request.
1. KEVIN PRITCHARD, Asheboro, North Carolina, is requesting 4.57 acres out of 18.06 acres located on
Fairview Farm Road (off NC Hwy 42), Grant Township, be rezoned from RA to RBO-CD. Secondary Growth
Area. Tax ID# 7679848999. The proposed Conditional Zoning District would specifically allow a parking and
maintenance area for a household waste disposal business as per site plan. The Planning Board reviewed this
request at public meeting on June 5, 2007, and voted unanimously to recommend that this request be approved
as consistent with standards and policies contained within the Growth Management Plan.
Examples of Growth Management Policies that the PlanningBoard found supporting this recommendation are:
Policy 4.3: Rural area commercial development should be limited to neighborhood business uses, farm supply stores, and
generally accepted rural business establishments.
Policy 4.5: Effective buffering and/or landscaping should be provided where commercial development adjoins existing or
planned residential uses.
Policy 4.6: Compatible land uses such as rural neighborhood retail and service establishments located close to general
residential areas should be considered during the rezoning process with the general goal of reducing automobile travel
distances and promoting better livability in the community.
On motion of Haywood, seconded by Kemp, the Board voted unanimously to approve the request of Kevin
Pritchard, as consistent with adopted comprehensive plans and as outlined in the recommendation provided by
the County Planning Board, including the recommended Level 2 buffer.
2. JAMES SMITH, Greensboro, North Carolina, is requesting 14.2 acres located at 6788 Willard Road,
Liberty Township, be rezoned from HI -CU to HI -CD. Primary Growth Area. Rocky River Watershed. Tax
ID# 8725675147. The proposed Conditional Zoning District would be to amend existing conditions to allow
flexibility in operating hours based on event schedule. The Planning Board reviewed this request at public
meeting on June 5, 2007, and by a vote of 6 to 1, recommended that this request be approved to amend the
Conditional Zoning to allow time extensions past 11:00 P.M. due to unforeseen circumstances for 7 racing
events per calendar year. Mr. Smith must provide documentation of the unforeseen circumstances to the
Planning Department.
Examples of Growth Management Policies that the PlanningBoard found supporting this recommendation are:
Policy 1.2: The benefits of economic development should be balanced against the possible detrimental effects such
development may have on the quality of life enjoyed by area residents.
Policy 1.6: Planning and development decisions should be based on the principal of promoting investment in Randolph
County to expand employment opportunities while preserving and improving the quality of life for all county residents.
Policy 4.5: Effective buffering and/or landscaping should be provided where commercial development adjoins existing or
planned residential uses.
Mr. Johnson stated that the Planning and Zoning department has had to deal with multiple code enforcement
violations caused by Mr. Smith. Staff Attorney Aimee Scotton said that because of these code enforcement
problems, multiple man hours have been logged for litigation procedures that never make it to court because
Mr. Smith always cleans up his violations at the last minute. Mr. Johnson asked the Board to consider
establishing citations for violations. Mr. Johnson advised the Board that this request is a good example of when
the use of citations would be appropriate for zoning violations. He said the use of citations when a zoning
violation was determined would expedite the process and provide more incentive for citizens to comply with
standards adopted or imposed as conditions by the County Commissioners. He stated he had consulted with
county attorneys Alan Pugh and Aimee Scotton, and both considered the use of citations as a positive
enforcement tool. Mr. Johnson said the Planning staff would work with the County Attorneys to bring specific
proposals relative to enforcing citations back to the Commissioners for their consideration at a later date.
Commissioner Kemp stated that he did not feel the Board of Commissioners should consider this request at
the current meeting when there are outstanding violations existing on the property. Vice -Chairman Frye said
that he felt the Planning Board should be more specific in what it determined to be "unforeseen circumstances."
Frye said that he felt this needed clarification by the Planning Board. Kemp stated that he felt the existing
violations should also be corrected before the request is brought back before the Commissioners.
On motion of Frye, seconded by Kemp, the Board voted unanimously to table to request of James Smith and
to send it back to the Planning Board for clarification of the request.
AMBULANCE SETTLEMENT REPORT
UNCOLLECTED AMBULANCE FEES
July 1, 2006 4,380,675.53
AMBULANCE FEES CHARGED TO
TAX DEPARTMENT FOR COLLECTION
JULY 1, 2006 THROUGH JUNE 30,2007 3,596,965.72
LEGAL FEES (GARNISHMENTS,JUDGE-
MENTS,ETC) 2,364.80
DEBITS 626.69
OVERPAYMENTS & REFUNDS 30,541.03
TOTAL 8,011,173.77
ALL SUMS DEPOSITED WHICH
REPRESENT
AMBULANCE FEES AND LEGAL FEES 2,469,459.71
RELEASES(MEDICARE,MEDICAID) 168,05Z69
UNCOLLECTED AMBULANCE FEES 5,187,215.83
CREDIT 250.61
STATUTE OF LIMITATIONS 186,189.93
TOTAL 8,011,173.77
Announcement of Tax Assessor/Collector's Resignation
Mr. Chavis announced that he has tendered his resignation and has accepted the Assistant Tax Assessor
position in Guilford County, effective August 1, 2007. He thanked the Board for their support and
recommended Debra Hill as the next Tax Assessor/Collector.
Closed Session—Personnel
At 5: 06 p. m., on motion of Frye, seconded by Kemp, the Board voted unanimously to go into closed session
to consider the qualifications, competence, performance, condition of appointment of a public officer or
employee or prospective public officer or employee, pursuant to NCGS 143-318.11(a) (6).
At 5:31 p.m. the Board returned to open session.
Approval of Resignation
On motion of Frye, seconded by Kemp, the Board voted unanimously to accept the resignation of Ben
Chavis, County Tax Assessor/Collector.
Appointment of Interim Tax Supervisor
On motion of Frye, seconded by Haywood, the Board voted unanimously to appoint Debra Hill as Interim
Tax Supervisor for a period of up to one year.
Adjournment
There being no further business, the meeting adjourned at 7:20 p.m.
J. Harold Holmes, Chairman Darrell L. Frye
Phil Kemp
Arnold Lanier
Stan Haywood
Amanda R. Jones, Deputy Clerk to the Board