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030998March 9, 1998 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. Commissioners Frye, Kemp, Davis, Holmes, and Mason were present. Invocation was given by Rev. Kelly Shiflett, Seagrove United Church of Christ, after which everyone recited the Pledge of Allegiance. Addition to the Agenda Chairman Frye announced the addition to J. Discussion of I73/74 to new business items. Consent Agenda On motion of Holmes, seconded by Davis, the Board unanimously approved the consent agenda, as follows: • approve minutes of February 2 and February 16; • approve resolutions (ATTACHED) adding Parker Street, Landale Drive, Woodmont Drive and Brinton Place to the State System of Roads. JobReady Implementation Grant Update Wanda Mason, Workforce Development Coordinator for Randolph County JobReady, gave an update on a $92,000 grant received from the Department of Commerce. She discussed a recent project of 8th graders shadowing a professional for half a day and highlighted the summer program of teachers doing internships in business and industry. Animal Control Update MiMi Cooper, Health Director, reported that a committee made up of animal control staff, a veterinarian, and a Humane Society member have been reviewing the current animal control ordinance to determine if any revisions are needed, especially as it pertains to dangerous dogs. This committee will be ready to make final recommendations to the Commissioners at the Board's April meeting. Fire Investigation Agreement Between the County and Randleman Aimee Scotton, Staff Attorney, advised the Board that the fire departments in both the Level Cross and Sophia fire districts want the Randleman Fire Marshal to do investigations of fires that occur in their districts and that Randleman has agreed to conduct these investigations. On motion of Davis, seconded by Holmes, the Board unanimously approved a contract with the City of Randleman which authorizes their fire marshal to conduct investigations of fires that occur in the Level Cross and Sophia fire districts. Vacancy on the Board of Equalization and Review On motion of Kemp, seconded by Holmes, the Board unanimously appointedDickPeterson to replace Walker Moffitt on the Board of Equalization and Review (term expiring March, 2001). Approval of Independent Audit Contract for FY 97-98 County Manager Frank Willis stated that the County's independent auditor has not received an increase in their fee to audit the County since 1987, when it went to $27,000. The 1998 audit will include the newly created Tourism Development Authority and additional compliance testing of federal and state financial programs. Also, the upcoming bond refunding will require specific computations. All of these factors will require additional audit time and the auditor is proposing a fee not to exceed $32,000. On motion of Holmes, seconded by Mason, the Board unanimously approved an audit contract with Strand, Skees, Jones & Company for a not -to -exceed fee of $32, 000. 1991-92 G.O. Bond Refunding Public Hearing Alice Dawson, Clerk to the Board, reported that the bond order entitled `BOND ORDER AUTHORIZING THE ISSUANCE OF $35,000,000 REFUNDING BONDS OF THE COUNTY OF RANDOLPH," which was introduced on February 16, 1998, had been published in a qualified newspaper on February 25, 1998, with notice that the Board would hold a public hearing on March 9, 1998 at 4:30 p.m. Mrs. Dawson also reported that the County's Finance Officer had filed in the Clerk's office a statement of debt complying with the provisions of the Local Government Bond Act and that such statement showed the net indebtedness of the County to be 1.15% of the appraised valuation of property in the County subject to taxation. On motion of Kemp, seconded by Davis, the Board unanimously voted to proceed to hold a public hearing on the bond order. At 4:30 p.m. Chairman Frye announced that the Board wold hear anyone who wished to be heard on the questions of the validity of the bond order and the advisability of issuing the bonds. Doug Carter of First Union, the County's financial advisor for the bond refunding, stated that if interest rates remain the same until the bond sale date, the County should save about $1,000,000 by refunding these bonds. No one else spoke. On motion of Kemp, seconded by Holmes, the Board unanimously voted to close the public hearing. On motion of Kemp, seconded by Holmes, the Board unanimously voted to adopt without changes and direct the Clerk to publish as prescribed by The Local Government Bond Act the bond order entitled "BOND ORDER AUTHORIZING THE ISSUANCE OF $35, 000, 000 REFUNDING BONDS OF THE COUNTY OFRANDOLPH, " introduced at the meeting of the Board of Commissioners held on February 16, 1998, and worded as follows: WHEREAS, the County of Randolph (the "County") has issued General Obligation School Bonds, dated April 1, 1991 (the "1991 General Obligation School Bonds"), a certain portion of which remain outstanding (the "Outstanding 1991 General Obligation School Bonds"); and WHEREAS, the County has issued General Obligation School Bonds, dated May 1, 1992 (the "1992 General Obligation School Bonds"), a certain portion of which remain outstanding (the "Outstanding 1992 General Obligation School Bonds"); and WHEREAS, the Board of Commissioners of the County deems it advisable to refund all or a portion of the Outstanding 1991 General Obligation School Bonds and Outstanding 1992 General Obligation School Bonds (collectively referred to herein as the "Outstanding Bonds to be Refunded") pursuant to and in accordance with The Local Government Finance Act; and WHEREAS, the Board has caused to be filed with the Secretary of the Local Government Commission of North Carolina an application for Commission approval of the bonds hereinafter described as required by The Local Government Finance Act, and the Secretary of the Commission has notified the Board that the application has been filed and accepted for submission to the Commission; NOW, THEREFORE, BE IT ORDERED by the Board as follows: Section 1. The County Board of Commissioners has ascertained and hereby determines that it is advisable to refund the Outstanding Bonds to be Refunded. Section 2. To raise all or a portion of the money required to refund the Outstanding Bonds to be Refunded as set forth above and to pay expenses in connection therewith, bonds of the County are hereby authorized and shall be issued pursuant to The Local Government Finance Act of North Carolina. The maximum aggregate principal amount of bonds authorized by this bond order shall be $35,000,000. Section 3. Taxes sufficient to pay the principal of and interest on those bonds when due shall be annually levied and collected. Section 4. A sworn statement of the County's debt has been filed with the Clerk to the Board and is open to public inspection. Section 5. The bond order shall take effect upon its adoption. On motion of Kemp, seconded by Mason, the Board unanimously adopted a resolution (ATTACHED), introduced by Commissioner Kemp, laying out all the particulars concerning the issuance of the bonds authorized by the bond order. On motion of Kemp, seconded by Holmes, the Board unanimously selected the low bidder, First Citizens, as escrow agent for this refunding, for a fee of $2, 000. Zoning Regulations for Intensive Swine Livestock Operations Hal Johnson, Planning Director, reviewed House Bill 515, which was passed by the General Assembly in 1997 to allow for the first time some county zoning regulation of large-scale hog farms. He presented a conceptual plan for what zoning regulations might look like. This plan included review and formal recommendation from the County Planning Board and a public hearing by the County Commissioners before final adoption. On motion of Kemp, seconded by Holmes, the Board unanimously voted to hold a public hearing on proposed zoning regulations for intensive swine livestock operations at 7:00 p.m. on March 23 at the Randolph Community College Learning Resources Center Auditorium. Closed Session - Location or Expansion of Business; Acquisition of Real Property On motion of Frye, seconded by Kemp, the Board unanimously voted at 6: 00 p. m. to go into closed session to discuss the location or expansion of business, pursuant to NCGS 143-318.1 ] (a) (4), and to discuss the acquisition of real property, pursuant to NCGS 143-318.11(a)(5). They returned to open session at 6:30 p.m. Rezoning Public Hearing At 6:30 p.m. the Board adjourned to a duly advertised public hearing to consider rezoning requests. Hal Johnson, Planning Director, announced that the request of Fletcher Pugh had been withdrawn, and he then presented the following requests: 1. PGLT Properties, High Point, is requesting 12.56 acres on Hwy 311, Randleman Township, be rezoned from RA to LI/CU for the development of an industrial park with 12 buildings with a total impervious surface coverage of 58.2%. The Planning Board unanimously recommended approval. 2. Steve Garner, Sophia, is requesting .61 acre on Old County Farm Road, Back Creek Township, be rezoned from RA to HC/CU to allow a storage building 36'x 24' for contractor supplies. The Planning Board recommended denial by a vote of 5 to 2, expressing concerns about setting a precedent and also about an old subdivision deed restriction on commercial property. Citizen Comments - Request #1 No one spoke. Citizen Comments - Request #2 Steve Garner, 2273 Racetrack Road, Sophia, presented a model of his proposed building and the surrounding area. He said that demographics show that there will be more development in this area and that there are already several commercial facilities nearby. He asked that his proposed deed restrictions be a part of the conditional use permit. Bob Smith, 1526 Old County Farm Road, stated that a petition with 3 pages of signatures opposing this request had been given to the Planning Board. He said the convenience store next to this site is there only because people in the area wanted it for their convenience. Leroy Hill, 1445 Old County Farm Road, said he owns lots in the old subdivision that the site in question is a part of and that he had been told that the deed restrictions prohibiting commercial activity would always remain in force. Kay Medlin, 1051 Back Creek Road, co-owner of the convenience store adjacent, said she is concerned about what would happen with the building if Mr. Garner's business outgrows it and he moves his operations somewhere else. David Norcum, 2204 Silver Springs Road, said he is planning a subdivision nearby and doesn't want a commercial operation in the area. Donna Patty, 1441 Old County Farm Road, said this rezoning would decrease property values. Board Action on Requests On motion of Davis, seconded by Mason, the Board unanimously approved the request of PGLT Properties. On motion of Kemp, seconded by Frye, the Board unanimously denied the request of Steve Garner. Closed Session - Location or Expansion of Business On motion of Frye, seconded by Kemp, the Board unanimously voted at 7:30 p. m. to go into closed session to discuss the location or expansion of business, pursuant to NCGS 143-318.11(a) (4). They returned to open session at 8:10 p.m. Discussion of Interstate 73/74 Chairman Frye announced that there is a possibility that I73/74 will not comedown Highway 311. It was the consensus of the Board to direct Talmadge Baker, Randolph County's representative on this issue, to support the original proposal to bring I73/74 down Highway 311 and to oppose any plan that would divert it from Highway 311. Budget Amendment - Sheriff Frank Willis, County Manager, explained that a budget amendment is needed to budget a local law enforcement block grant, including interest earned on the grant funds, which was received last fiscal year and spent this fiscal year. On motion ofHolmes, seconded by Mason, the Board unanimously approved BudgetAmendment#45 to the FY 1997-98 Annual Budget, as follows: GENERAL FUND - #45' Appropriation Increase Sheriff & Jail $11,600 Revenues Increase Restricted Intergovernmental $11,200 Investment Earnings $400 Budget Amendment - Aging On motion ofHolmes, seconded by Mason, the Board unanimously approved BudgetAmendment#46 to the FY 1997-98 Annual Budget, to reflect additional EDTAP funds received, as follows: GENERAL FUND - #46 Appropriations Increase Aging Services $24,727 Revenues Increase Restricted Intergovernmental $24,727 Budget Amendment - Health On motion ofHolmes, seconded by Mason, the Board unanimously approved BudgetAmendment#47 to the FY 1997-98 Annual Budget, to reflect a cut in federal funding for health promotion, as follows: GENERAL FUND - #47' Appropriations Decrease Public Health $829 Revenues Decrease Restricted Intergovernmental $829 Bud et Amendment --Health On motion oj Holmes, seconded by Mason, the Board unanimously approved BudgetAmendment#48 to the FY 1997-98 Annual Budget, to reflect additional state funds received for a skin cancer prevention program, as follows: GENERAL FUND - #48' Appropriations Increase Public Health $1,000 Revenues Increase Restricted Intergovernmental $1,000 Budget Amendment - Installment Purchase Agreement Mr. Willis explained that due to an unforeseen delay, money budgeted for an installment purchase agreement to purchase Register of Deeds computerized equipment in fiscal year 1996-97 was not spent. Because of the federal government's arbitrage requirements, the County was forced to substitute other equipment purchases already budgeted in the 1997-98 budget. Installment purchase agreements must be budgeted in the year in which the funds are spent. Therefore, a budget amendment is needed to record the installment purchase agreement and interest earned into the proper departments' budgets where the actual funds were spent. A second budget amendment is also needed to transfer the various departments' capital outlay budgets for the substituted equipment to the Register of Deeds to be used in purchasing a computerized system. On motion of Holmes, seconded by Mason, the Board unanimously approved Budget Amendments #49 and #50, as follows: GENERAL FUND - #49' Appropriations Increase Register of Deeds $22,977 Tax $32,288 Emergency Services $11,795 Cooperative Extension $4,287 Revenues Increase Interest on Investments $6,634 Other Financing Source $64,713 GENERAL FUND - #50' Appropriations Increase Decrease Register of Deeds $48,370 Tax $32,288 Emergency Services $11,795 Cooperative Extension $4,287 Budget Amendment - Public Works Mr. Willis reported that the federal government mandated in their Subtitle "D" Sanitary Landfill Law that the County set aside the cost of closing the old landfill and the cost of monitoring the old landfill for 30 years after the closure. Our consulting engineers have estimated as of January, 1998, the cost of closure and post -closure to be $2,819,183. According to the Local Government Commission, the County needs to transfer $2,819,183 into a newly established fund named the Landfill Closure Fund. This fund will be used to pay for the closure and the 30 -year post -closure costs of our old landfill that cannot be legally operated anymore. The $2,819,183 will come from the $2,852,057 that is shown on the County's June 30, 1997 balance sheet under the liabilities section for "accrued landfill closure and post -closure care costs." The $2,852,057 that accumulated on the County's balance sheet resulted from the auditors' expensing the Public Works Fund each year for the percentage of the life of the landfill that had been used up. In order to establish the Landfill Closure Fund, two budget amendments are needed. On motion of Holmes, seconded by Mason, the Board unanimously approved Budget Amendments #51 and #52, as follows: PUBLIC WORKS FUND - #51 Appropriations Increase Contributions to Landfill Closure Fund $2,819,183 Revenues Increase Fund Balance Appropriated $2,819,183 PUBLIC WORKS FUND -'#52 Appropriations Increase Closure Cost Post -closure Cost $788,883 $2,030,300 Revenues Increase Contribution from Public Works Fund $2,819,183 Budget Amendment - Social Services On motion of Holmes, seconded by Mason, the Board unanimously approved Budget Amendment #53 to the FY 1997-98 Annual Budget, to reflect additional funds for the Child Day Care Program, as follows: GENERAL FUND - #53' Appropriations Increase Social Services $101,716 Revenues Increase Restricted Intergovernmental $101,716 Budget Amendment - Reclassification of State Prisoner Housing Fees Mr. Willis stated that the County's auditors have suggested that Sales and Services would be a more appropriate category than Restricted Intergovernmental for recording revenues received from the state for prisoner housing fees. A budget amendment is needed for this reclassification, which is for financial statement purposes only and does not change the amount of funds received. On motion ofHolmes, seconded by Mason, the Board unanimously approved BudgetAmendment#54 to the FY 1997-98 Annual Budget, to reflect this reclassification, as follows: GENERAL FUND - #54' Revenues Increase Decrease Sales and Services $90,000 Increase Restricted Intergovernmental $25,000 $90,000 Budget Amendment - Court Facilities Mr. Willis explained that because of new positions in the Clerk of Court's, Judges', and District Attorney's offices, the setup of a small temporary courtroom, and the recent reallocation of office space within the courthouse, additional furniture and other office furnishings have been requested. The original 97-98 Court Facilities budget did not include a sufficient amount in capital outlay for these unexpected expenditures. On motion of Holmes, seconded by Mason, the Board unanimously approved Budget Amendment #55, to cover these additional expenses, as follows: GENERAL FUND - #55' Appropriations Increase Court Facilities $25,000 Revenues Increase Fund Balance Appropriated $25,000 Adjournment The Board adjourned at 8:20 p.m. Darrell L. Frye, Chairman Phil Kemp J. Harold Holmes Robert B. Davis O. Mason Alice D. Dawson, Clerk to the Board