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080497August 4, 1997 The Randolph County Board of Commissioners met in regular session at 4:00 p.m. in the Commissioners Meeting Room, 725 McDowell Road, Asheboro, NC. Commissioners Kemp, Frye, Davis, Holmes, and Mason were present. Rev. James Turner, Pastor of Parks Crossroads Christian Church, Ramseur, NC, gave the invocation, and everyone recited the Pledge of Allegiance. Addition to the Agenda Chairman Kemp announced the addition of item E. under the Consent Agenda, as follows: Appoint Pat Callicutt to the Aging Services Planning Committee. Retirement of Joe Dean Cox from Sheriffs Department Chairman Kemp presented a retirement plaque to Joe Dean Cox who is retiring from the Sheriffs Department with 21 years of service. Consent Agenda On motion of Frye, seconded by Holmes, the Board unanimously approved the consent agenda, as follows: • approve minutes of July 7, 1997 meeting; • reappoint Bill Brady, MiMi Cooper, Litchard Hurley, Phil Kemp, Bill Neely, Dare Oldham, and Garland Yates to the Criminal Justice Partnership Advisory Board, all for 3 -year terms ; • appoint Bessie DeBerry to an initial one-year term on the Nursing Home/Adult Care Home Community Advisory Committee; • add a 0.15 mile extension of Ridges Mountain Trail to the NC State System of Roads; • appoint Pat Callicutt to the Aging Services Planning Committee with term expiring 6130198. Announcement of Outstanding County Program Award Winners Frank Willis, County Manager, announced that the following two entries from Randolph County had been selected as winners of North Carolina Association of County Commissioners Outstanding County Program Awards: Randolph County Health Department for its Animal Control Program in the Human Services category, and Randolph County Board of Elections for "Election Day: The Centerpiece for Democracy" (a precinct manual) in the General Government category. Mr. Willis stated that MMi Cooper, Health Director, and Maria Bliss, Board of Elections Supervisor, will be present at the 1997 Annual Conference in Greensboro on 8/16 to receive the awards. Telephone System Bids Jeff Mullins, MIS Specialist, Computer Services Department, told the Board that the County's current Centrex contract with Sprint expires in January, 1998 and that he has been negotiating with Sprint for a new contract as well as writing bid requests for our own PBX system. Bids were received from the following vendors: VENDOR PRICE QUOTED MET SPECIFICATIONS Wynn Communications $597,187.00 No BellSouth $933,985.88 No Sprint $969,950.00 No Business Communications $1,077,451.00 Yes Teledata $1,099,375.25 No Fujitsu $1,184,444.64 Yes Lucent Technologies $1,190,597.89 No Because the lowest responsible bid did not compare favorably with current Centrex cost Mr. Mullins requested that the Board reject all bids and then he would begin to reevaluate the County's telephone needs and write new specifications to be bid at a later date. On motion of Frye, seconded by Davis, the Board voted unanimously to reject all bids. Award Contract for Construction of Transfer Station David Townsend, Public Works Director, explained to the Board that bids were received for the transfer station improvements at the landfill. These improvements were divided into two contracts. Contract I includes all grading, site work, storm drainage, all concrete structures, and a metal building. Contract II includes the water and sewer improvements for the project. The following bids were received for Contract I: Leak & Associates, Monroe, NC $1,050,000.00 Myrick Construction, Biscoe, NC $1,070,470.00 J&J Builders, Biscoe, NC $1,198,098.00 The following bids were received for Contract II: Terry's Plumbing, Asheboro, NC $ 95,035.00 Mapco, Asheboro, NC $ 104,686.14 Leak & Associates, Monroe, NC $ 135,800.00 Since the bids received are above the funds in the Public Works FY 97-98 Budget, Mr. Townsend recommends that the Board formally recognize the apparent low bidder on each contract so that he can negotiate with them further. On motion of Davis, seconded by Mason, the Board voted unanimously to recognize Leak & Associates as low bidder for Contract and Terry's Plumbing as low bidder on Contract II and directed Mr. Townsend to negotiate with these bidders to bring their bids down to a more acceptable amount and to bring the adjusted contracts before them for approval at a later date. Set Date for Special Meeting The Board set August 18, 1997, 6:30 p.m. as the date and time for a special meeting to award contracts for construction of the transfer station and to review the new proposed zoning ordinance. Award Contract for Operation of Transfer Station David Townsend reminded the Board that in May, the Public Works Department accepted proposals to provide for a portion of the operations at the landfill for the next five years. These proposals detailed the operations of a County -owned transfer station, hauling the County's solid waste from our transfer station to a Subtitle D lined landfill and disposal of our solid waste in the Subtitle D lined landfill (transfer station services). The Board recommended selecting two vendors to negotiate with. These vendors were Uwharrie Environmental and Browning Ferris Industries (BFI). During negotiations, the final prices for the transfer station services were established. They are Uwharrie Environmental with a total of $30.75/ton and BFI with a total of $32.00/ton. This year tipping fees will include both the contract amount for the transfer station services and revenue for the operations of scalehouse, convenience sites, recycling areas, wood waste operations, white goods area, construction and demolition area, scrap tires, and Public Works administration (associated services). In estimating the necessary tipping fees, Uwharrie Environmental's bid of $30.75/ton and BFI's bid of $32.00/ton were used in combination with the revenues from sales tax, recycling sales, and grants. This left a deficit of $240,000 needed for associated services. Since the County's annual tonnage is 80,000 tons, $3.00 per ton would be needed to pay for the services not included in the transfer station services. Therefore the total estimated tipping fee would be $35.00 per ton. For the very first time the County is facing the problem of "flow control." Currently BFI brings the County 63% of all of the county solid waste (Uwharrie Environmental currently is not hauling any waste in Randolph County). The County could lose as much as 50% of the solid waste collected by BFI that is currently coming into our facility if Uwharrie Environmental is the selected vendor. The following table illustrates the flow control risk: Mr. Townsend recommended the Board select BFI as the Solid Waste vendor for the operation ofthe transfer station. On motion of Frye, seconded by Holmes, the Board voted unanimously to select Browning Ferris Industries (BFI) as the solid waste vendor for the operation of the transfer station, hauling of County solid waste to lined landfill, and disposal of our solid waste in a lined landfill and authorized Frank Willis, David Townsend, Alan Pugh and Aimee Scotton to negotiate an acceptable 5 -year contract with BFI to be approved at some later date by the commissioners. Set Date for Special Meeting The Board set August 25, 6:30 p.m. as the date and time for a special meeting to interview consultants for the Courthouse Renovations/Additions project and to award the contract for elevator construction at the Randolph County Office Building. Update on CARE Program Donations and Budget Amendment Dennis Harrelson, CARE Program Coordinator, reviewed a list of individuals and organizations that have made donations to the CARE program. He told the Board that Sara Lee Knit Products had donated $3,500 to be used specifically for a special project relating to the CARE program. The project will be to repair, paint, stripe and affix the CARE logo on the Ford Bronco that he drives. On motion ofMason, seconded by Frye, the Board unanimously approved Budget Amendment #2 to the FY 1997-98 Annual Budget, as follows: GENERALFUND REVENUES INCREASE DECREASE Miscellaneous Revenues $3500 APPROPRIATIONS INCREASE DECREASE Sheriff& Jail $3500 Report on Recommendations from Local Law Enforcement Block Grant Advisory Committee and Set Public Hearing Major Allen McNeill informed the Board that the Law Enforcement Block Grant Committee met on July 25, 1997 and recommend to the Board of Commissioners that the block grant monies be used to continue the Courthouse Security Program. The Committee believes the funds should be used to keep existing part-time bailiffs on staff and hire additional part-time bailiffs as needed. This would require a local match of $3,382. On motion of Holmes, seconded by Mason, the Board voted unanimously to set 6: 00p. m. on September 2, 1997 as the date and time for a public hearing on the Local Law Enforcement Block Grant Program. Update on 401-K Eligibility for Law Enforcement Officer and Budget Amendment Hal Scott, Jr., Personnel Director, informed the Board that effective 7/1/97, the N.C. Legislature has amended the definition of law enforcement officer for the purposes of eligibility for benefits of 401-K. Sheriff Litchard Hurley is requesting that the Board allot 19 more sworn positions to the Sheriff's Department for 401-K purposes. Commissioner Frye suggested that State drug sales tax restricted account funds be used for this purpose. On motion of Frye, seconded by Mason, the Board unanimously approved Sheriff Hurley's request to allot up to 19 more sworn positions to the Sheriff's office for 401-Kpurposes (15 for the jail and 4 for the desk officers) and approved Budget Amendment #3 to the FY 1997-98 Annual Budget which uses restricted drug money, as follows: GENERAL FUND REVENUES INCREASE DECREASE Fund Balance Appropriated $20,000 APPROPRIATIONS'> INCREASE DECREASE Sheriff& Jail $20,000 Request for New Position in Social Services Martha Sheriff, Social Services Director, requested an Income Maintenance Caseworker I position who would specialize in the CAP -DA Program as well as handle some other Adult Medicaid functions. On motion ofMason, seconded by Holmes, the Board unanimously approved Budget Amendment #4 to the FY 1997-98 Annual Budget, as follows: GENERALFUND REVENUES INCREASE DECREASE Restricted Intergovernmental 8,585 (50% reimbursement) APPROPRIATIONS INCREASE DECREASE Social Services (9 mos.) 17,171 Contingency appropriation 8,586 Request for New Position in Public Health MMi Cooper, Health Director, requested a part-time (60%) Community Health Assistant to serve as a peer counselor for breast feeding clients in the WIC program. She stated that the position would be funded through WIC program funds and if at any time funding ceases, the position would be eliminated. On motion of Frye, seconded by Davis, the Board unanimously approved the creation of a 60% Community Health Assistant position for the Health Department. Resolution Concerning the Payment Plan for November 1995 Certificates of Participation Sold to Finance Randolph County School Proiects and Amendments to 1995 Mental Health and County School Facilities Capital Reserve Ordinance Frank Willis, County Manager, briefed the Board on how Certificates of Participation (COPS) work and explained that the County and the Schools had agreed that they would use funds from the State of North Carolina School Facilities Finance Act of 1987 (ADM funds) to make annual debt service payments, and established a capital reserve fund ordinance with money the Schools had been receiving each year for capital outlay in the County's annual budget. Mr. Willis then reminded the Board that at their June 23, 1997 meeting, they had moved that the Schools receive, on an annual basis, all funds in excess of the COPS payment plan. The Board should do this by resolution and the 1995 Mental Health and County School Facilities Capital Reserve Ordinance would need to be amended. This amendment would also serve as an opportunity to correct some of the dates used in the original ordinance. When the Capital Reserve Fund was established in July, 1995, the COPS deal was expected to last for 21 years, but we were able to shorten it to 20 years when the certificates were actually sold in November, 1995. On motion of Frye, seconded by Holmes, the Board voted unanimously to adopt "Resolution Concerning the Payment Plan for November 1995 Certificates of Participation Sold to Finance Randolph County School Projects" (ATTACHED) and to amend the 1995 Mental Health and County School Facilities Capital Reserve Ordinance as follows: BE IT ORDAINED by the Board of Commissioners of Randolph County, North Carolina that the 1995 MENTAL HEALTH AND COUNTY SCHOOL FACILITIES CAPITAL RESERVE ORDINANCE, which was adopted July 10, 1995, be hereby amended as follows: Section 2. The time period shall be changed from twenty-one years to twenty years (beginning July 1, 1995 and ending June 30, 2015). Section 3. The schedule for transferring money from the General Fund to the Capital Reserve Fund shall be changed by deleting the 21st year shown on the schedule table. Section 4. This section shall be changed by deleting its original language, which was as follows: "The Randolph County Finance Officer is hereby granted the authority to withdraw from the Capital Reserve Fund the amount required to pay the annual DEBT SERVICE (both principal and interest) on the Financing Plan referred to in Section 1. " and by adding the following language: "The Randolph County Finance Officer is hereby granted the authority to transfer from the Capital Reserve Fund to the General Fund the amount required to pay the annual DEBT SERVICE (both principal and interest) on the Financing Plan referred to in Section 1; or to transfer an amount designated as "excess of end-of- year fund balance " as explained in a resolution entitled "Resolution Concerning the Payment Plan for November 1995 Certificates of Participation Sold to Finance Randolph County School Projects" that was adopted by the Randolph County Commissioners on August 4, 1997 (Attached as Exhibit "A'). " Section 5. This amended ordinance shall become effective August 4, 1997. Discussion of Vacant Law Office Building on Salisbury Street to be Used for Randolph Room Frank Willis told the Board that Richard Wells had asked the Asheboro City Council about purchasing a vacant law office building on Salisbury Street for use by the Library's Randolph Room. The City has agreed to pay '/2 the cost of this building with the County paying the other half from anticipated additional State Aid funds. The City instructed the City Manager to work out terms for financing the purchase, the timing not being good to pay their half of this building now. The County could take the money from its fund balance to purchase this building and use it for desperately needed space for court -related activities until the Courthouse renovation and addition is completed. Asheboro could begin to set aside money to pay their half of the purchase price to the County on June 30, 2002. The Library would, during this five-year period, pay their half from their anticipated additional State Aid funds. After Asheboro pays their half and the County can move court -related functions out of the building, the County will deed the building to the City of Asheboro. Then the Library's Randolph Room can move into it. On motion of Davis, seconded by Holmes, the Board voted unanimously to approve this request in principle and allow County staff to work out the details and gather more information (appraisals, interlocal agreement between County and the City, etc.) and to possibly place this option on the September 2 meeting agenda for consideration. Set Date for Public Hearing On motion of Frye, seconded by Mason, the Board voted unanimously to set 6:30 p.m. on September 2, 1997 for a public hearing on the Levy of a Room Occupancy and Tourism Development Tax and the Creation of a Tourism Development Authority. Budget Amendment - Day Reporting Center On motion of Davis, seconded by Frye, the Board unanimously approved BudgetAmendment #5 to the FY 1997-98 Annual Budget, as follows, which reflects the continuation grantfor the operation of the Day Reporting Center: GENERAL FUND REVENUES INCREASE DECREASE Restricted Intergovernmental $131,509 APPROPRIATIONS INCREASE DECREASE Criminal Justice Partnership $131,509 Budget Amendment - Family Crisis Center Grant On motion of Holmes, seconded by Mason, the Board unanimously approved Budget Amendment #6 to the FY 1997-98 Annual Budget, as follows, which reflects the VOCA grant for the Family Crisis Center: GENERALFUND REVENUES INCREASE DECREASE Restricted Intergovernmental $26,367 APPROPRIATIONS INCREASE DECREASE Family Crisis Center Grant $26,367 Budget Amendment - Encumbrances On motion of Frye, seconded by Holmes, the Board unanimously approved Budget Amendment #7 to the FY 1997-98 Annual Budget which accounts for a total of $2,322,266 in Fund Balance Appropriated for encumbrance carryovers from the 1996-9 7fiscal year for the General Fund, $106,930 for the Public Works Fund, and $35, 000. for the Emergency Telephone System Fund, as. follows: GENERALFUND REVENUES INCREASE DECREASE Fund Balance Appropriated $2,322,266 APPROPRIATIONS INCREASE DECREASE Legal $700 Administration $17,529 Computer Services $17,056 Tax $297 Register of Deeds $14,079 Public Buildings -Maintenance $1,157,141 Public Buildings -Court Facilities $672 Sheriff & Jail $3,332 Emergency Services $50,463 Planning & Zoning $180 Public Health $47,143 Cooperative Extension $3,651 Social Services $98,511 Public Library $103,528 Town of Ramseur-CDBG $228,375 Contribution -City of Asheboro-KFI $308,522 GENERAL FUND Contribution -Town of Liberty -ED $271,087 PUBLIC WORKS FUND REVENUES INCREASE DECREASE Fund Balance Appropriated $106,930 $750,000 APPROPRIATIONS INCREASE DECREASE Landfill Operation $73,886 $750,000 Administration $1,750 Recycling Program $5,684 Other Operations $25,610 EMERGENCY TELEPHONE SYSTEM FUND REVENUES INCREASE DECREASE Fund Balance Appropriated $35,000 $750,000 APPROPRIATIONS INCREASE DECREASE 911 Services $35,000 $750,000 Budget Amendment - Contingency Fund (Trinity Incorporation) Frank Willis explained that due to the incorporation of the City of Trinity on 7/8/97, the Contingency Appropriated and Local Option Sales Taxes in the FY 1997-98 budget need to be reduced by $750,000 to account for sales tax revenue that will go to the new City of Trinity instead of the County. On motion of Frye, seconded by Davis, the Board unanimously approved BudgetAmendment #8 to the FY 1997-98 Annual Budget, as follows: GENERAL'FUND REVENUES INCREASE DECREASE Local Option Sales Tax $750,000 APPROPRIATIONS INCREASE DECREASE Contingency Appropriation $750,000 Budget Amendment - State School Bond Funds Jane Leonard, Deputy Finance Officer, explained that State bonds for public school capital needs that were approved in last fiscal year had a project balance remaining at year end. Since payments are not processed directly to the vendor, this entry is treated as a journal entry to record the expense and revenue when the funds are transferred to the school systems. A budget amendment is needed in order to set up the 1997-98 budget to record these transactions as they occur. On motion of Frye, seconded by Holmes, the Board unanimously approved Budget Amendment #9 to the FY 1997-98 Annual Budget, as follows: GENERAL FUND REVENUES INCREASE DECREASE Restricted Intergovernmental $2,380,293 APPROPRIATIONS INCREASE DECREASE County School Building Bond Fund $1,702,813 City School Building Bond Fund $677,480 Rezoning Public Hearing At 6:30 p.m. the Board adjourned to a duly advertised public hearing to consider rezoning requests. Hal Johnson, Zoning Administrator, presented the following requests: 1. Bob Andrews, Asheboro, is requesting that 63.24 acres located on Hoover Hill Road (just North of Lake Park Drive), Tabernacle Township, be rezoned from RA to RM/CU, to develop a residential subdivision of 11 lots for the placement of primarily double -wide and single -side manufactured homes. The Planning Board unanimously recommended denial. 2. Bobby Earnhardt, Asheboro, is requesting that approximately 226 acres located on Old Mountain Road, Trinity Township, be rezoned from RA to RR/CU (119 acres) and RM/CU (107 acres) to be divided into two major subdivisions: Autumn Woods (119 acres) for 99 site built residential lots and River Ridge (107 acres) for 75 manufactured housing lots. The Planning Board unanimously recommended denial. 3. Neal Craven, Asheboro, is requesting that 114.20 acres located on Staleys Farm Road, Cedar Grove Township, be rezoned from RA to RM to develop a major manufactured housing subdivision with a minimum lot size of 30,000 sq. ft. The Planning Board, by a 5-1 vote, recommended denial. 4. James Bingham, Denton, is requesting 109 acres located on Lassiter Mill Road, Cedar Grove Township, be rezoned from RA to RR/CU to develop a restricted residential subdivision of 68 lots. The Planning Board unanimously recommended denial. 5. Barbara Raines, Ramseur, is requesting that .79 acres located on Creekwood Road, Coleridge Township, be rezoned from RR to RA/CU to place a single -wide manufactured home on the property for a family member. The Planning Board unanimously recommended approval. 6. Stewart Rogers, Raleigh, is requesting that 1 acre (out of 5 acres) located at 9627 Bus. Hwy 220N, Level Cross Township, be rezoned from RM to HC/CU to operate a paint mixing operation in an existing building. The Planning Board, by a 5-1 vote, recommended approval. Comments - Request #1 Lee Loflin Ward, 918 Hoover Hill Road, Asheboro, said their property values would be adversely affected and that this is in a water critical area. 15 people were in attendance who opposed this request. Comments - Request #2 Jon Megerian spoke in opposition of this request on behalf of his former clients, Andy and Keith Aikins, who were denied a similar request in 1992. 11 people were in attendance who opposed this request. Ann Koontz, 3612 Old Mountain Road, said that the traffic on this road was already terrible and asked the Board's support in keeping the area the way it is. Bob May, resident of Gaddy Place, spoke in opposition. Comments - Request #3 Neal Craven said that since the Planning Board met he has met with representatives from Klaussner and has changed his plans by submitting a new plat where the development on one side of the road will have only 4 lots, thereby eliminating 40 acres that originally were to be developed. He gave the Commissioners the opportunity to look at the new map. Jon Megerian stated that if the new plat is approved, Klaussner has no objection to the request. 34 people were in attendance who opposed this request. Phil Kemp suggested that this request be sent back to the Planning Board for further review. On motion of Frye, seconded by Davis, the Board voted unanimously to send the request of Neal Craven back to the Planning Board for further review. Comments - Request #4 Debbie Craven, real estate agent, spoke in support of the request. She stated that there would be only 7 lots on Lassiter Mill Road, all the others would be located behind these. She answered questions from the Board. Walter Gordon, 3719 Lassiter Mill Road, Asheboro, and adjacent property owner, opposed the request. He said that a subdivision is totally out of character to this area. The National Forestry Service purchased an adjoining tract of land to restore as a historical landmark and a subdivision beside it would be out of character. Many residents around this site have very deep wells and he is afraid that there would not be enough water to accommodate current property owners as well as new subdivision residents. He also expressed concerns about increased traffic on a road that is very narrow and winding. Ottway Burton, property owner across the road from proposed subdivision, spoke in opposition of the request. Sybil Williams, Whale Tail Road resident, spoke in opposition and expressed concerns about increased traffic on this dangerous road, depleting the water supply and the continued overcrowding of Farmer Elementary School. Ruth Ann Grissom, 2606 Ophir Road, Troy, spoke in opposition, stating that a subdivision here would be out of character for an area that had just recently achieved recognition from the State for the Burkhead Wilderness area nearby. She fears that this subdivision would set a precedent for more subdivisions to come. Rebecca Wall, 820 Carolina Ave, Winston-Salem, and absentee property owner, spoke in opposition saying that she hasn't sold her property here in Randolph County because she didn't want to see this unspoiled area developed. John Haaf, 3215 Whale Tail Road, Asheboro, spoke in opposition. 32 people were in attendance who opposed this request. Comments - Request #5 Barbara Raines spoke in favor of her request. Comments - Request #6 Stewart Rogers spoke in favor of his request and explained the paint recycling business. He stated that there would be no hazardous materials or wastes involved. Board Action on Requests On motion of Frye, seconded by Davis, the Board voted unanimously to deny the request of Bob Andrews. On motion of Frye, seconded by Mason, the Board voted unanimously to deny the request ofBobby Earnhardt. (The request of Neal Craven was referred back to the Planning Board earlier in the meeting.) On motion of Kemp, seconded by Frye, the Board voted unanimously to deny the request of dames Bingham. On motion of Holmes, seconded by Mason, the Board voted unanimously to approve the request of Barbara Raines. On motion of Davis, seconded by Holmes, the Board voted unanimously to approve the request of Stewart Rogers. Adiournment The Board adjourned at 8:30 p.m. Phil Kemp, Chairman Darrell Frye Harold Holmes Robert Davis Robert Mason Cheryl A. Ivey, Deputy Clerk to the Board