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Minutes

Randolph County Commissioners

November 2, 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, NC. Commissioners Frye, Kemp, Holmes, Davis, and Mason were present. Marion Smith, retired Social Services Director, gave the invocation, after which everyone recited the Pledge of Allegiance.

Addition to Agenda

Chairman Frye announced the addition of new business item J. Approval of Resolution Including Trinity in the High Point Transportation Planning Area.

Special Recognition - Gipsy Clontz

Chairman Frye presented a retirement plaque to Gipsy Clontz, who is retiring from Social Services with 21½ years of service.

Consent Agenda

On motion of Holmes, seconded by Mason, the Board unanimously approved the consent agenda, as follows:

Application for Loan from NC Clean Water Revolving Loan Fund for Glenola

Hiram Marziano, engineer for Davidson Water, Inc., stated that the County had been trying for over a year to help get clean water for an area in Glenola that has polluted wells. Davidson Water applied for a loan from the NC Clean Water Revolving Loan Fund in order to construct lines to this area, but they learned that only local governments are eligible to receive these funds. He explained that Randolph County can apply for the funds, have Davidson Water construct the lines, and then turn over the lines to Davidson Water. Davidson Water would actually pay back the loan, but the County would still be the responsible agent for the operation of the lines and the repayment of the loan.

Greg Stabler, General Manager of Davidson Water, stated that he is in the process of negotiating a contract with the City of Archdale to purchase water from Archdale for this project.

On motion of Davis, seconded by Holmes, the Board unanimously approved the following resolution:

WHEREAS, The Federal Clean Water Act Amendments of 1987, Federal Safe Drinking Water Act Amendments of 1996, and the North Carolina Clean Water Revolving Loan & Grant Act of 1987 have authorized the making of loans and grants to aid eligible units of government in financing the cost of construction of wastewater treatment works, wastewater collection systems, and water supply systems; and

WHEREAS, the County of Randolph has need for and intends to contract with Davidson Water, Inc. a purveyor of water services in Randolph County, to construct a water supply system project described as water service to about 250 residences in the Glenola area; and

WHEREAS, the County of Randolph intends to request state loan assistance for the project;

NOW, THEREFORE, BE IT RESOLVED by the Commissioners of the County of Randolph that:

1. The County of Randolph will arrange financing for all remaining costs of the project, if approved for a State loan award.

2. The County of Randolph will require in a Water Services Agreement between the County and Davidson Water, Inc. that Davidson Water, Inc. will adopt and place into effect on or before completion of the project a schedule of fees and charges which will provide adequate funds for proper operation, maintenance, and administration of the system and the repayment of all principal and interest on the debt, and that such payments will be made to the County of Randolph for repayment of the loan.

3. The governing body of the County of Randolph agrees to include in the loan agreement a provision authorizing the State Treasurer, upon failure of the County of Randolph to make scheduled repayment of the loan, to withhold from the County of Randolph any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan.

4. The County of Randolph will provide for efficient operation and maintenance of the project on completion of construction thereof.

5. William F. Willis, County Manager, or any successor so titled, is hereby authorized to execute and file an application on behalf of the County of Randolph with the State of North Carolina for a loan to aid in the construction of the project described above.

6. William F. Willis, County Manager, or any successor so titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or project; to make the assurances as contained above; and to execute such other documents as may be required in connection with the application.

7. The County of Randolph has substantially complied or will substantially comply with all Federal, State, and local laws, rules, regulations, and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto.

On motion of Kemp, seconded by Davis, the Board unanimously approved the following resolution:

WHEREAS, Randolph County is engaged in a co-venture with Davidson Water, Incorporated to secure funding from the North Carolina Clean Water Revolving Loan Fund to construct distribution lines and to provide water to approximately 250 residences in the Glenola area; and

WHEREAS, NCGS 143-64.32 allows units of local government to exempt certain projects from the competitive procurement procedures for architectural, engineering, and surveying services as outlined in NCGS 143-64.31, when that local government sets forth in writing the reasons therefor and the circumstances thereto;

NOW, THEREFORE, BE IT RESOLVED by the Randolph County Board of Commissioners that it exempt itself from the competitive procurement process for engineering services for the Glenola project and name Marziano and Minier, P.A. as the consulting engineer on this project for the following reasons:

1. Marziano and Minier, P.A. has been selected through a competitive process to be the engineer for Davidson Water, Incorporated.

2. When construction is complete, the distribution lines will be owned and operated by Davidson Water, Incorporated.

3. Because of time constraints within the application process for funding from the North Carolina Clean Water Revolving Loan Fund, there is not sufficient time to competitively bid these engineering services.

BE IT FURTHER RESOLVED that the County Manager be authorized to negotiate, sign, and award a contract to Marziano and Minier, P.A. in an amount not to exceed $90,200.

Public Hearing on Approval in Principle for Industrial Revenue Bonds for Jowat Corporation

Bill Ivey, Randolph County Industrial Bond Authority attorney, presented representatives from Jowat Corporation, a privately-owned American company in Randolph County that makes adhesives, glues, and packaging for the furniture industry.

Gary Turner, Vice President of Finance for Jowat, explained that the $3,000,000 industrial revenue bonds being requested would be used to improve productivity of existing production and to establish two new lines of production, creating nine new jobs.

On motion of Mason, seconded by Holmes, the Board unanimously voted to open a public hearing on the proposed bonds. No one spoke. Chairman Frye closed the public hearing.

On motion of Holmes, seconded by Davis, the Board unanimously approved the following resolution:

WHEREAS, The Randolph County Industrial Facilities and Pollution Control Financing Authority (the "Authority") has agreed to assist in the financing under the North Carolina Industrial and Pollution Control Facilities Financing Act (the "Act") of an industrial project by Jowat Corporation, a Delaware corporation (the "Company"), which plans to acquire, construct and install equipment in a facility in Randolph County for the manufacture of adhesives distributed to the furniture industry (the "Project") and has indicated that agreement by the execution of an Inducement Agreement between the parties dated September 2, 1998; and

WHEREAS, Under G.S. § 159C-7 each project must be approved by the Secretary of the Department of Commerce and, under Article 51 B of Chapter 143 of the North Carolina General Statutes, the Federal Tax Reform Allocation Committee must allocate a sufficient amount of North Carolina's "volume cap," as defined in Section 146 of the Internal Revenue Code of 1986, as amended (the "Code") to the financing; and

WHEREAS, The Rules and Procedures of the North Carolina Department of Commerce require that the governing body of a county approve in principle any project to be financed under the Act; and

WHEREAS, This Board of Commissioners has today held a public hearing with respect to the advisability of the Project and the issuance of bonds therefor, as evidenced by the Certificate and Summary of Public Hearing attached hereto as Exhibit A; and

WHEREAS, Section 147(f) of the Code requires that the Board of Commissioners approve the plan of financing for the bonds; and

WHEREAS, the Authority intends to issue its Industrial Development Revenue Bonds (Jowat Corporation Project), Series 1998 (the "Bonds") in the principal amount of $3,000,000 which will be secured by a letter of credit issued by a United States bank; and

WHEREAS, under Section 159C-4 of the Act the issuance of bonds under the Act must be approved by the governing body of the county in which the project to be financed under the Act is located;

NOW, THEREFORE, the Board of Commissioners of Randolph County, meeting in regular session at 725 McDowell Road, Asheboro, North Carolina on November 2, 1998, do the following:

BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR RANDOLPH COUNTY:

1. The proposed "industrial project" consisting of the acquisition, construction and installation of equipment in a facility for the manufacture of chemicals and adhesives distributed to the furniture industry by Jowat Corporation, in Randolph County and the issuance of bonds in an amount not to exceed $3,000,000 therefor are hereby approved in principle.

2. The Board of Commissioners hereby requests the North Carolina Federal Tax Reform Allocation Committee to allocate up to $3,000,000 of North Carolina's 1998 "volume cap", as defined above for the financing of the Project.

3. The Board of Commissioners hereby approves the plan of financing as required by Section 147(f) of the Code.

4. The issuance of the Bonds in the principal amount of $3,000,000 is hereby approved for purposes of Section 159C-4 of the Act.

Approve Application for ADM Funds for County Schools COPS Debt Service

Tom Morris, Internal Auditor, reported that the Randolph County Board of Education has approved an application to draw down funds from the State Public School Building Capital Fund (ADM funds) to pay a portion of COPS debt service in this current fiscal year. The amount requested of $873,754 is the balance of State ADM funds available at June 30, 1998 for Randolph County Schools. Commissioners must also approve this application.

On motion of Holmes, seconded by Davis, the Board unanimously approved the County Schools’ application for $873,754 in ADM funds and approved Budget Amendment #15 to the FY 1998-99 Annual Budget, as follows:

 

GENERAL FUND - #15

 

Revenues

Increase

Decrease

Restricted Intergovernmental

$873,754

 
 

Miscellaneous

   

$873,754

Budget Amendment - Asheboro High School ADM Project

Tom Morris, Internal Auditor, explained that this project was approved in the last fiscal year and that the State is now transferring the funds for it to the County’s disbursing account for the project.

On motion of Kemp, seconded by Mason, the Board unanimously approved Budget Amendment #16 to the 1998-99 Annual Budget , which reflects the $475,000 received from the State for this project:

 

GENERAL FUND - #16

 

Revenue

Increase

Restricted Intergovernmental

$475,000

Appropriation

Increase

Special Appropriation - Asheboro High School ADM Project

$475,000

Animal Control Ordinance

MiMi Cooper, Health Director, presented a comparison between Randolph County’s proposed animal control ordinance and Rockingham County’s animal control ordinance, pointing out where Randolph’s ordinance is the same, more restrictive, or less restrictive.

After discussing the issue of a countywide leash law, the Board directed Ms. Cooper to reactivate the animal control ordinance committee to study other counties’ leash laws, including any impact on additional staff and funding. The committee should report back to the Board within ninety days.

Donation of Danwood Street Property to Habitat for Humanity

Aimee Scotton, Staff Attorney, reviewed the sequence of events surrounding a lot owned by the County and located at 908 Danwood Street in Asheboro. In August of 1997, Habitat for Humanity of Randolph County made an offer on the purchase of this property. At that time, the Board of Commissioners opted to follow the procedure for sale by negotiated offer, advertisement and upset bid at set out in NCGS 160A-269. Habitat’s offer was advertised and an upset bid was received. This process continued until December when Ken Gallimore made a bid of $8,000 that was not upset. In January the Board voted to sell the property to Mr. Gallimore. Due to unavoidable delays that followed, Mr. Gallimore withdrew from the sale, and the County is still in possession of this property. The County recently received a letter from Habitat for Humanity asking that the County consider donating the Danwood Street property to them.

Ms. Scotton stated that after careful research and consultation with the Institute of Government, she has determined that the County is authorized by state law, under GS 153A-376(b) and GS 157-9, to donate property to Habitat for Humanity.

On motion of Kemp, seconded by Holmes, the Board unanimously voted to donate the 908 Danwood Street property to Habitat for Humanity of Randolph County.

Selection of Engineering Firm for Countywide Water Study

On motion of Kemp, seconded by Mason, the Board unanimously ranked the engineering firms who made presentations to the Board on October 19, as follows: #1, Marziano & Minier; #2, Hobbs, Upchurch & Associates; #3, Tritech Civil Environmental. The Board instructed the County Manager and the County Public Works Director to negotiate a contract with the #1 ranked firm, to be approved by the Board at a future meeting.

Appointment for Piedmont Triad Regional Water Authority

On motion of Holmes, seconded by Mason, the Board unanimously (4-0, with Chairman Frye abstaining) appointed Chairman Darrell Frye to the Piedmont Triad Regional Water Authority to fill the unexpired term of Talton Harrison.

Resolution Adding Trinity to the High Point Transportation Planning Area

On motion of Kemp, seconded by Davis, the Board unanimously approved the following resolution, which authorizes Trinity’s membership in the High Point Urban Area Metropolitan Planning Organization:

WHEREAS, it is recognized that the proper movement of travel within and through the High Point-Thomasville-Archdale-Trinity-Jamestown urban area is a highly desirable element of a comprehensive plan for the orderly growth and development of the area; and

WHEREAS, there are a number of governmental jurisdictions within the High Point Thomasville-Archdale-Trinity-Jamestown urban area which have been authorized implementation and regulatory responsibilities for transportation by North Carolina General Statutes; and

WHEREAS, it is desirable that a coordinated, comprehensive, and cooperative transportation planning process be maintained in the High Point-Thomasville-Archdale-Trinity-Jamestown urban area to insure that the transportation system is maintained on an efficient and economical basis commensurate with the public health, safety, and welfare; and

WHEREAS, a revised Memorandum of Understanding between the City of High Point, City of Thomasville, City of Archdale, City of Trinity, Town of Jamestown, Guilford County, Davidson County, Randolph County, and North Carolina Department of Transportation has been prepared that sets forth the responsibilities and working arrangements for maintaining a continuing, comprehensive, and cooperative transportation planning process;

NOW, THEREFORE, BE IT RESOLVED by the Randolph County Board of Commissioners, that the Memorandum of Understanding between the City of High Point, City of Thomasville, City of Archdale, City of Trinity, Town of Jamestown, Guilford County, Davidson County, Randolph County, and North Carolina Board of Transportation, be approved and that the Chairman and Clerk to the Board are hereby directed to execute the Memorandum of Understanding.

Budget Amendment - Sharing of Federal Forfeitures with Seagrove

Major Allen McNeill of the Sheriff’s Office requested that $2,415 in cash that was confiscated along with a motor home and 700 pounds of marijuana be transferred to the Town of Seagrove Police Department for their assistance in this drug seizure.

On motion of Davis, seconded by Holmes, the Board unanimously approved Budget Amendment #17 of the FY 1998-99 Annual Budget, as follows:

 

GENERAL FUND - #17

 

Revenue

Increase

Fund Balance Appropriated

$2,415

Appropriation

Increase

Sheriff & Jail

$2,415

Budget Amendment - 1998 Refunding Bonds Debt Service

Frank Willis, County Manager, explained that when the County sold advanced refinancing bonds in April of 1998, a portion of the proceeds was placed in an expense account, and the trustee used these funds to pay for all bond issuance costs. The unspent proceeds from this account produced an increase to the County’s fund balance. A budget amendment is needed to show that the whole of bond proceeds was used to pay debt-related expenditures.

On motion of Kemp, seconded by Davis, the Board unanimously approved Budget Amendment #18 to the FY 1998-99 Annual Budget, as follows:

 

GENERAL FUND - #18

 

Revenue

Increase

Appropriated Fund Balance

$53,412

Appropriation

Increase

Debt Service

$53,412

Budget Amendment - Emergency Management Grant

On motion of Mason, seconded by Holmes, the Board unanimously approved Budget Amendment #19 to the FY 1998-99 Annual Budget, which reflects an Emergency Management grant of $2,276.60 for equipment purchase, as follows:

 

GENERAL FUND - #19

 

Revenue

Increase

Restricted Intergovernmental

$2,277

Appropriation

Increase

Emergency Services

$2,277

Closed Session - Economic Development Project

On motion of Kemp, seconded by Holmes, the Board voted at 5:35 p.m. to go into closed session to discuss matters relating to the location or expansion of business in the area served by this body, pursuant to NCGS 143-318.11(a)(4). The Board returned to regular 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 and Zoning Administrator, presented the following request:

William Hoyt Davis, Denton, is requesting that 1.76 acres located in the intersection of NC Hwy 49S/Brantley Gordon Road/Old NC Hwy 49, Concord Township, be rezoned from RA to HC/CU to allow a convenience store. The Planning Board unanimously recommended denial.

Jon Megerian, attorney for the applicant and the land owner, presented photos showing that no houses are visible from the proposed site except for one rental house; he also submitted a petition which he said had 240+ signatures supporting the request. He quoted a letter from D.O.T. saying the land appears suitable for driveway connections. He also quoted a letter from the Farmer Fire Chief supporting the request because they don’t have a safe accessible place to refuel their trucks in the Farmer Fire District. Mr. Megerian stated that this site is not suitable for building a house on or for farming and that the proposed use is the best use for it. Approximately 35 people stood in support of the request.

Tracy Boyles, Farmer Fire Chief, spoke in support of the request, stating that the only place they currently have to refuel fire trucks in their district doesn’t have enough space to manuever their trucks and get them far enough off the road.

Jim Bivens, engineer for Marziano & Minier, said that the proposed construction and paving would not increase runoff for those living downstream because there would be a catchment basin at the back of the lot.

Clifford Elliott, High Pines Church Road, who farms adjoining tracts of land, said he could dig up his fuel tanks if the convenience store would sell off-road fuel.

Gene Harris, 4379 Harris Family Lane, spoke in support.

Jerry Elliott said he is a farmer and bricklayer who moves big equipment. He supported the request because the community has no service station that has enough room for him to pull his equipment completely off the road during refueling.

Nancy German, 6853 Hwy 49, said her family has a large-acreage farm nearby. She opposed the request because Highway 49 has been designated as a scenic highway and because this area is so rural. She said it would set a precedent and that no one wants to build close to a commercial establishment. She presented a petition from the Farmer area opposing this rezoning request.

Drew German, 6853 Hwy 49, stated he is concerned with runoff because a catchment basin cannot be placed under a septic field and because there will be some oil in the runoff. He addressed traffic concerns, including congestion at this intersection.

Chairman Frye closed the public hearing.

County Attorney Alan Pugh stated that spot zoning under certain circumstances is justified to provide for business necessary in a convenient location and proximity. He said the site under consideration is unsuitable for any other use.

Mr. Megerian, as the applicant’s attorney, asked that the conditional use for this rezoning request include an erosion control permit and a D.O.T. driveway permit.

Board Action on Request

On motion of Kemp, seconded by Holmes, the Board unanimously approved the request of William Hoyt Davis, with the conditions that the applicant receive the necessary erosion control permit and D.O.T. driveway permits.

The meeting adjourned at 7:30 p.m.

 

 

 

______________________________ ____________________________

Darrell L. Frye, Chairman                        Phil Kemp

 

 

______________________________ ____________________________

J. Harold Holmes                                    Robert B. Davis

 

 

______________________________ ____________________________

Robert O. Mason                                   Alice D. Dawson, Clerk to the Board