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100295County Commissioners Meeting - October 2,1995 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, Comer, Holmes and Davis were present. Invocation was given by Rev. Jay Hobbs, Episcopal Church of the Good Shepherd, Asheboro. Addition to Agenda Chairman Kemp announced the addition of Item L. Red Ribbon Campaign Proclamation to New Business. Retirement Plaque for Martha George Chairman Kemp presented a retirement plaque to Martha George, Public Library, for 25 years of service. Consent Agenda On motion of Comer, seconded by Holmes, the Board unanimously approved the consent agenda, as follows: ° approve minutes of 9/5, 9/19, 9/21, and 9/25 ° approve closed session minutes of 9/5 ° unseal closed session minutes of 4/3/95 (Item G ° adopt resolution ATTACHED for D.O.T. addition ° reappoint Albert Doyle, Donald Allred, and James Hanner to 2 -year terms on the Randleman Planning and Zoning Board ° appoint Phil Skeen to fill the unexpired term of Allen Holt ending 1/1/99 and Jeannie Smith to fill the unexpired term of Ronnie Dewitt ending 1/1/98) on the Ash boro Plannin4 Board ° appoint George Gusler (Chambe of Commerc slot, endi n 6/98) and Melissa Foust to fill the unexpired term of Debora\\h Bowman (EDC slot, ending 6/97 on // the Private Industry Council COPS Insurance \ Steve Schemmel of Alex. Brown & Sons, COPs financing manager, informed the Board that two insurance companies have bid on providing insurance and a surety bond for the COPs financing: Premium Company Basis Points Surety Comments Municipal Bond Investors 37.5 2.5% County pledge all assets Assurance Corporation(MBIAI financed as security for \\ // the issue with standard release provisions Financial Security Assurance (FSA) 30.0 3% Schools pledged as security must have cumulative capacity equal to 20% of total school system capacity Mr. Schemmel stated that, based on their standard analysis, he recommends MBIA. On motion of Frye, seconded by Comer, the Board unanimously voted to use MBIA as the insurer on the COPs financing and to pledge the total value of all projects as security. Resolution Approving COPS Issue Documents On motion of Holmes, seconded by Davis, the Board unanimously adopted a resolution �ATTACHEDI approving an installment financing and authorizing the execution and delivery of documents in onnection // therewith. Concealed Weapons Discussion Major Allen McNeill advised the Board that the new concealed handgun law does not allow people to carry concealed guns into state or federal buildings, but that county buildings are not included in this exemption. He said that counties may adopt local ordinances that make it unlawful for citizens to bring concealed handguns into county buildings, even if they have a concealed handgun permit. Alan Pugh, County Attorney, reported that the N.C. Association of County Commissioners is preparing a model ordinance on firearms. He suggested that the Board adopt an ordinance that will address handguns and concealed weapons in general. The Board instructed Mr. Pugh to draft an ordinance for their consideration at the November 6 meeting. Accounting Process for Concealed Handgun Permit Fees Major McNeill stated that applications for concealed handgun permits include a non-refundable $80 fee plus a $10 fingerprinting fee. Of the $90 collected, $60 goes to the N.C. Attorney General, $20 to the County's general fund for law enforcement purposes, and $10 remains in the Sheriffs Department. The Board instructed the County Manager to work out an accounting system to accommodate the distribution of these funds. Request for Additional Positions - Sheriff Major McNeill noted that concealed handgun permits must be processed and issued or denied within g0 days. Background checks must be done on applicants, including criminal records, mental illness, and unlawful use of drugs or alcohol. Major McNeill said additional positions will be needed to handle this extra work when the law goes into effect December 1, 1995. Hal Scott, Jr., Personnel Director, suggested that he do a manpower analysis in the Sheriffs Department to help determine how many people might be needed. The Board instructed Major McNeill, Mr. Scott, and Mr. Willis to work out a proposal for the November 6 meeting. Firing Range for the Sheriffs Department Captain Fred Rutledge informed the Board that the National Guard may be willing to provide equipment and labor to build a firing range for the County if we provide the land. We would share the range with them 2 weeks each year and on weekends. Captain Rutledge requested that the County allocate some acreage at the landfill for this purpose. The Board asked David Townsend, Public Works Director, to assist Captain Rutledge and the National Guard engineers to see if a firing range at the land- fill is feasible. Request for Additional Positions - Librarq Richard Wells, Library Director, requested that two 30 -hour -per -week positions change to 40 hours and that an additional full-time position be allocated. He said this request is due to a continued 30% increase in library usage since the new building opened in January 1995. The Personnel Director has studied this situation and recommends the increase. One part-time position will be eliminated to offset some of the cost. On motion of Frye, seconded by Davis, the Board unanimously approved increasing a Library Assistant IIgrade 57and a Librarian III (grade 65/ position to 40 hours and adding a Library Assistant II (grade 57/ po ition tot3 e Library, effective October 1,/1995. Resolution Transferring Timken CDBG Infrastructure to Randleman On motion of Holmes, seconded by Frye, the Board unanimously approved a resolution (ATTACHED) transferring ownership of The Timken Company CDBG project infrastructure to the City of Ra dleman. Resolution Transferring Klaussner CDBG Infrastructure to Asheboro On motion of Davis, seconded by Holmes, the Board unanimously approved a resolution (ATTACHED) transferring ownership of the Klaussner Furniture Industries CDBG infrastructure to the City o{"Asheboro. Service Agreement for Processing Scrap Tires David Townsend, Public Works Director, stated that the County's current service agreement with Central Carolina Tire Disposal for processing scrap tires ($60 per ton) expires October 31, 1995. He presented quotes from three vendors for this service, as f llows: Central Carolina Tire Disposal, Cameron, NC $59.00/ton Tires, Inc., Winston -Salem, NC 70.50/ton U.S. Tire Recycling Partners, Concord, NC 71.00/ton On motion of Frye, seconded by Holmes, the Board unanimously renewed the contract(1 A1/1/95 - 12/31/97) with Central Carolina Tire Disposal for $59.00/ton. `\ Budget //mendment - Health Milli Cooper, Health Director, announced that the Randolph County Health Department has been awarded one of the 1995 Glaxo Wellcome Child Health Recognition Awards, which was accompanied by a $5,000 check provided by the North Carolina Partnership for Children. These funds will be used to enhance the immunization program. On motion of Frye, seconded by Holmes, the Board unanimously approved Budget Amendment #13 (ATTACHED), which reflects receipt of this $5,000 award. \Red Ribbon Campaign Proclamation On motion of Frye, seconded by Comer, the Board unanimously approved a proclamation (ATTACHED) declaring October 29 - November 4,1995 as Red Ribbon Campaign Week. \Animal Cruelty Investigator Position Nicole Michaels, reporter for the High Point Enterprise, requested to speak on an item not on the agenda and was granted permission to do so. She stated that she is interested in the animal cruelty investigator position and said that she has the Sheriffs support in this request. Chairman Kemp asked that this item be placed on the November 6 agenda and that Sheriff Hurley send his written comments on this request to the Board prior to that meeting. Rezoning Public Hearing At 4:00 p.m. the Board adjourned to a duly advertised public hearing to consider rezoning requests. Hal Johnson, Zoning Administrator, presented the following requests: 1. Pugh Oil Company, Asheboro, is requesting that 47.57 acres on Hwy 64 East, Franklinville Township, be rezoned from RA to LI in order to use the property for industrial development. The Planning Board unanimously recommended denial because they felt a more specific site plan should be proposed due to the large amount of the property that would adjoin residential areas. 2. James Glauser, Charlotte, is requesting that 2.64 acres located at 6228 Prospect Street, Trinity Township, be rezoned from LI to HI/CU for a chemical manufacturing facility. The Planning Board unanimously recommended denial because this property is located in the Lake Reese/Uwharrie Watershed. 3. United Investments, Staley, is requesting that 30.95 acres on Langley Road, Columbia Township, be rezoned from RA to RM for a 10 -lot mixed residential subdivision. The Planning Board unanimously recommended denial because of incompatibility with the area. 4. Don Bristow, Asheboro, is requesting that 22.59 acres on Moore Road, Cedar Grove Township, be rezoned from RA to RR for an 11 -lot subdivision. 5. Everette Varner, Asheboro, is requesting that 8.82 acres on Green Farm Road, Back Creek Township, be rezoned from RA to LI/CU for the construction of a 16,000 sq. ft. tool & die shop. The Planning Board unanimously recommended approval with the conditions of the application and in the manner proposed by the applicant in his oral presentation to the Planning Board on September 7,1995. Comments - Request #1 Richard Pugh, Asheboro, stated that he wanted to allay the concerns of the neighbors of the site. He said his parents still live there and that his father and brother several hundred acres adjoining the site, and that he would not do anything to jeopardize the value of their property. He explained that he does not have a site plan because he doesn't know what he will put on the property. Bobbie Burrow, 194 Loflin Pond Road, Asheboro, stated that she represented the concerned citizens of the area. She said most are long-term residents who love the rural nature of the area. She listed their other concerns as environmental pollution, noise, traffic congestion, safety of children, and lowering of property values. Comments - Request #2 No one spoke. Comments - Request #� James Wilson of Liberty, attorney for the applicant, said that one of the Planning Board's concerns was that the proposed development would allow single - wide mobile homes, and that the applicant has deleted that option from the plans. This deletion means that the request would now be for restricted residential rezoning. Another Planning Board concern was lot size. Mr. Wilson noted that the cheapest lot is $9,500, plus the cost of a well and septic tank. He said that with that level of cost commitment from buyers, they will be assured of a very nice development. Commissioner Frye questioned whether the request can be changed midstream from residential mixed to residential restricted. County Attorney Ed Gavin stated that he does not think so. Boyd Langley, Langley Road, stated that he uses manure from his chicken houses to spread over his fields and that this smell might be offensive to people in the proposed subdivision. Penny Sillmon, 762 Langley Road, expressed concern over the smaller lot sizes and said neighbors do not want single-wides to be allowed. Billy Allred, 1139 Langley Road, stated that he owns a 74 -acre farm close to the proposed development. He said the development may increase the value of his property and he wouldn't be able to keep it all. Doug Coble, 1370 Langley Road, expressed concerns about the eventual size of the development and its appearance. He presented photographs of other developments developed by this applicant. He said front lots are so narrow double-wides would have to be placed so that their ends faced the road. James Wilson stated that the smallest lot is 125 feet wide; with 10 -foot setbacks, that would allow 105 feet for a mobile home Ed Gavin, County Attorney, advised the Board that the courts have ruled that a change in a rezoning request must be readvertised with a new public hearing unless the change is favorable to those objecting to the request. Dawn Brown, 1345 Langley Road, stated that she moved away from restrictions to enjoy the freedom of the country, that the lots are too small, and the proposed subdivision does not fit the community. Comments - Request #4 No one spoke. Comments - Request #5 Fred Davis, 1039 Back Creek Road, stated that he intends to purchase this property from Mr. Varner and that the building will have a log veneer and the parking lot will be paved. Board Action on Requests On motion of Frye, seconded by Davis, the Board unanimously denied the request of Pugh Oil Company. Commissioner Frye noted that his concern was the lack of a specific use for the property. On motion of Holmes, seconded by Frye, the Board unanimously denied the request of James Glauser. On motion of Frye, seconded by Holmes, the Board unanimously voted to send the request of United Investments back to the Planning Board to consider for rezoning to residential restricted rather than residential mixed. On motion of Holmes, seconded by Frye, the Board unanimously approved the request of Don Bristow. On motion of Frye, seconded by Comer, the Board unanimously approved the request of Everette Varner. Resolution of Support for Strategic Planning On motion of Frye, seconded by Davis, the Board unanimously approved a resolution (ATTACHED) of support for the Randolph County Strategic Plan. Recognition of Individuals Involved in Strategic Planning On motion of Frye, seconded by Holmes, the Board unanimously approved an official recognition at the November 6 meeting for Don Hancock Chairman of the Strategic Planning Steering Committeel, Hal Johnson County Planning Directorl, and Jill od (County Planning Department staffl for their work do the strategic Tanning process. // \ // 1995 Planning Agenda Update Hal Johnson, Planning Director, outlined activities scheduled for 1995 concerning land use planning. These include major zoning ordinance updates; a growth management plan; the I-85/Northwest Randolph Development Assessment; a junk, abandoned, and nuisance vehicle ordinance; and countywide strategic planning. Purchase of Centura Bank Building On motion of Frye, seconded by Holmes, the Board unanimously voted that: 1. the County proceed to close on the transaction to purchase the Centura Bank building; 2. the Chairman be authorized to sign all closing documents on behalf of the County; 3. the County Manager be authorized to start renovation preparations for the Register of Deeds and Elections Office to move into the building; 4. Budget Amendment #14(ATTACHED) be approved for this transaction, in the amount of $700,000 ($500,000 for purchase and $2� 0,000 for r ovations), by appropriating $700,000 from fund balance. \Closed Session - Acquisition of Real Estate On motion of Frye, seconded by Davis, the Board unanimously voted at 8:40 p.m. to go into closed session to discuss the negotiation of the price and terms of a contract concerning the acquisition of real property, pursuant to NCGS 143-318.11 a (51. They returned to regular session at 8:45 p.m. without taking any action on this matter. Adjournment Having no further business, the Board adjourned. Phil Kemp, Chairman Darrell L. Frye Martha Comer Robert Davis Harold Holmes Alice D. Dawson, Clerk to the Board