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040698.docxApril 6, 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. Mrs. Paula Settle, Chaplain, Coleridge Apartments, Asheboro, gave the invocation, after which everyone recited the Pledge of Allegiance. Additions to the Agenda Chairman Frye announced the addition of item E. Sealy Project under budget amendments. Consent Agenda On motion of Davis, seconded by Holmes, the Board unanimously approved the consent agenda, as follows: • approve minutes of March 9, March 23 and March 30 meetings; • appoint Jo Ann Wells, Stephanie Dobbins, and Ken Jordan to the Nursing Home/Adult Care Home Community Advisory Committee for initial one-year terms; • appoint Charles Allen as alternate outside member of the Randleman Planning Board; • approve resolutions (ATTACHED) adding Pastureview Road, Alexander Court, Leah Justine Drive, Abigail Drive, Jennifer Lynn Drive, and Starlette Lane Extension to the State System of Roads; • approve and unseal two sets of closed session minutes from March 9 meeting; • approve proclamation (ATTACHED) declaring April 19-25 as Immunization Week. 1998 G.O. Bond Refunding Resolution On motion of Kemp, seconded by Davis, the following resolution was introduced and adopted: BE IT RESOLVED by the Board of Commissioners of the County of Randolph, North Carolina (the `Issuer') that the County Manager shall determine for the Issuer the first interest payment date for the bonds described in the bond resolution adopted March 9, 1998. Report on Bond Sale Joe Niggel of First Union, the County's Financial Advisor for the bond sale, advised the Board that the County's savings on the bond refunding is $772,000. Five bids were received on the bonds, which sold on March 31. The bidding was very close, with Wachovia winning at the third decimal point. Mr. Niggel stated that, based on a comparison to other bonds sold across the country on March 31, Randolph County got a good deal. Request for Funding the Extension of Carl Drive to Energizer Plant Bonnie Renfro, Randolph County Economic Development Corporation (EDC), explained that facility expansion at Eveready Battery's Plant 2 has eliminated the current truck access to the plant. The company has requested assistance from EDC in obtaining alternate industrial access for shipping and receiving. The City of Asheboro is managing the road construction project. The total cost of the project is $125,763. The NC Department of Transportation has allocated $86,000 for this project. Eveready has agreed to pay for curb and gutter and for the portion of the street on their property, at $24,171, leaving an uncovered balance of $15, 592. The project has been complicated by geographical constraints of the area requiring the road to be constructed on Norfolk Southern's right of way, which has been leased to Asheboro for road construction purposes. Negotiation for permanent possession will continue. DOT reimbursement will not occur until such possession is complete. The EDC is requesting that the County allocate funds to be paid to the City of Asheboro to share equally in the cost of the project. The County and the City would each pay $50,796 now, with $43,000 each being reimbursed by DOT within the next 1-7 months. On motion of Kemp, seconded by Mason, the Board unanimously voted to participate in funding for this project as requested and approved Budget Amendment #56 to the 1997-98 Fiscal Year AnnualBudget, as follows: GENERAL FUND - #56 Appropriations Increase Contribution to Asheboro (Energizer Project) $50,796 Revenues Increase Restricted Intergovernmental $43,000 Fund Balance $7,796 Centrex Contract Annette Crotts, Computer Services Director, stated that she and Jeff Mullins have been negotiating with Sprint on a new Centrex contract since we rejected all bids for a PBX telephone system in September, 1997. The extension on the current contract expires at the end of this month. She said negotiations took longer than expected, with numerous compromises. The new contract offered reduces the base rate per phone and the monthly service rate will be $23,000, $4,000 less than the old contract, for the same number of lines. It also reduces the term from 60 to 48 months and offers electronic copies of the telephone bills. Ms. Crotts said her office has received very few complaints about phone service and most of those have been related to a voice mail issue which Sprint seems to have rectified. On motion of Davis, seconded by Mason, the Board unanimously approved a 48 -month contract with Sprint for Centrex services and authorized the County Manager to sign the contract. Animal Control Report MMi Cooper, Health Director, presented proposed revisions to the County's animal control ordinance. She said that a committee of knowledgeable and interested professionals worked on improvements that are enforceable and in keeping with the density of our county. She highlighted the major changes: 1) a leash restriction for dogs in a major subdivision if greater than 50% of the resident property owners request it; 2) the purchase of humane animal traps for capturing stray and feral animals, which may be loaned to citizens for trapping in certain situations; 3) additional requirements for dangerous dog owners --keeping the dog confined during all steps of appeal and posting a sign at the entrance to the property and on all sides of the enclosure letting others clearly know that this dog is dangerous; and 4) a new section prohibiting the keeping of most exotic animals and requiring the registration of those that are allowed. Ms. Cooper suggested that the Board have a month to consider the proposed changes and to discuss them again at the May meeting, at which time the Board can set a public hearing on the proposed revisions. She also reported the first case of confirmed rabies in a domestic animal, a cat, in Randolph County. Resolution for Surplus Property Auction Jane Leonard, Deputy Finance Officer, presented a list of personal property whch had been reported to the Finance Office as no longer needed or usable by County departments. On motion of Holmes, seconded by Mason, the Board unanimously adopted a resolution (ATTACHED) declaring this property surplus, authorizing its sale at public auction on April 25, 1998, at 10: 00 a. m., and authorizing the disposal at this auction of any additional personal property valued at less than $500. Request for Two New COPS Positions Major Allen McNeill announced that federal funding has been approved for the hiring of two deputies through the Community Oriented Policing Services (COPS) Program. He said the 25% local match can be taken from lapsed salaries in the Sheriff s budget. On motion of Kemp, seconded by Holmes, the Board unanimously allocated two additional deputy positions and approved Budget Amendment #57 to the FY 1997-98 Annual Budget, as follows: GENERAL FUND - #57' Appropriations Increase Sheriff and Jail $7,807 Revenues Increase Restricted Intergovernmental $7,807 Replacement Record Retention Schedule for Sheriffs Department Aimee Scotton, Staff Attorney, explained that the NC Department of Cultural Resources adopts record retention schedules for the various types of records that exist in government. When a county adopts one of these schedules, records may be destroyed in accordance with the adopted schedule without further approval from either the county governing board or the Department of Cultural Resources. The Department of Cultural Resources recently updated the records retention and disposition schedule for county sheriffs' offices, replacing the one issued in 1982. On motion of Davis, seconded by Holmes, the Board unanimously adopted this replacement Records Retention Schedule for the Sheriff's Department (ATTACHED). Establish Classification for LPN Jail Nurse Hal Scott, Jr., Personnel Director, stated that the RandolphCounty Jail has allocated two nurse positions (1 full- and 1 part-time). Both are classified as Jail Nurse and require an RN (Registered Nurse - Bachelor) level license. The part-time position has recently become vacant. Because RN's are difficult to recruit, especially for part-time jail work, it has become necessary to amend the job description so that a lower level LPN (Licensed Practical Nurse -Associate) can be hired for the job. In order for this to occur, a class needs to be added to the County's Classification Plan recognizing this level. On motion ofMason, seconded by Holmes, the Board unanimously amended the Classification Plan to include Jail Nurse (LPN) at salary grade 62. Approval of Viatical Settlement Program as an Employee Benefit Hal Scott, Jr., Personnel Director, related that the NC Association of County Commissioners Board of Directors has endorsed a new National Association of Counties service called a viatical settlement program. This program allows employees diagnosed with a serious or chronic illness to sell all or part of their insurance policy. The program will have no financial effect or carry any liability to the County. Implementation of the program is achieved through an application process and approval by the Board of Commissioners allowing the County to participate. Employees will be provided information regarding the benefit directly from Viaticus, the company administering the benefit, by mail. On motion ofMason, seconded by Kemp, the Board unanimously approved the County'sparticipation in the viatical settlement program, as presented. Set Date for Called Meeting The Board agreed to meet at 6:00 p.m. on May 18 to hear architects present their courthouse facilities feasibility plan. NCACC Joint District Meeting The Clerk was directed to register Commissioners Frye and Kemp and County Attorney Alan Pugh for this meeting. Appointment for County Planning Board On motion of Davis, seconded by Holmes, the Board unanimously appointed Phil Ridge as an alternate member on the County Planning Board. On motion of Kemp, seconded by Holmes, the Board unanimously appointed AZMorton as a regular member on the County Planning Board. Offer from James Scott to Sell the County Property or Option on Property on Salisbury Street Commissioner Kemp reported that he has met with Mr. Scott, as the Board authorized him to do at their March meeting, and Mr. Scott is making two offers to the County concerning his property at 204 and 210 E. Salisbury Street: 1) He will sell the property for $200,000 ($70,000 down at closing, $65,000 one year from closing, $65,000 two years from closing; no interest charged to the County); Mr. Scott may live in the house he currently resides in rent-free for up to one year from closing date; current year ad valorem property taxes will be prorated between Mr. Scott and the County at closing; or 2) Mr. Scott will sell an "option to buy" for $2,000, which will expire August 5, 1998; he will keep the $2,000 if the County does not exercise the option; the County will prepare the "option to buy" at its expense; if the County does exercise the option and makes the purchase, the purchase terms outlined under 1) above will apply, except that the $2,000 paid for the option will be deducted from the $70,000 due from the County at closing. Mr. Kemp stated that paying no interest would save the County $11,118 and that this property, without the houses on it, would provide 77 parking spaces. County Manager Frank Willis noted that the County must have a public hearing on any installment purchase agreement, a provided for by NCGS 160A-20. He suggested that the Board consider an option rather than a purchase at this time to give the County time to learn if the Asheboro City Council will grant the County's rezoning request for the current Courthouse property and to learn what the recommendations of the Courthouse project architects will be for the use of that property. On motion of Kemp, seconded by Holmes, the Board unanimously voted to purchase an "option to buy "for $2, 000, to expire August 5, 1998, for James Scott's 204 and 210 E. Salisbury Street property. Budget Amendment - Health On motion ofMason, seconded by Holmes, the Board unanimously approved BudgetAmendment #58 to the FY 1997-98 Annual Budget, which reflects additional funds for family planning programs, as follows: GENERAL FUND - #58' Appropriations Increase Public Health $19,578 Revenues Increase Restricted Intergovernmental $19,578 Budget Amendment - Library On motion of Davis, seconded by Mason, the Board unanimously approved Budget Amendment #59 to the FY 1997-98 Annual Budget, which reflects a grant for large print books, as follows: GENERAL FUND - #59' Appropriations Increase Public Library $12,000 Revenues Increase Restricted Intergovernmental $12,000 Budget Amendment - Sealy Project On motion ofMason, seconded by Davis, the Board unanimously approved Budget Amendment #60 to the FY 1997-98 Annual Budget, which reflects an incentive contribution to Sealy, Inc., as follows: GENERAL FUND - #60' Appropriations Increase Contribution - Sealy, Inc. --Economic Dev. $375,000 Revenues Increase Fund Balance Appropriated $375,000 Update on Lawsuits Involving the County Alan Pugh, County Attorney, reported the current status of the following lawsuits against the County: Black & Decker (personal property tax dispute), Carolina Mobile Home Park (appeal of Health Director's closing), Ray Allred (property value dispute), James Murray and Phyllis Williams (appeal of Board of Adjustment decision). 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 Director, presented the following requests: William Boyd, Asheboro, is requesting that 31.75 acres on Old Greensboro Road, Level Cross Township, be rezoned from RA to RR/CU for a 51 -lot subdivision for site -built homes only. The Planning Board unanimously recommended approval, contingent on water and sewer being provided. 2. Klaussner Furniture Industries, Asheboro, is requesting that 79.47 acres on Hwy 220 Business South, Cedar Grove Township, be rezoned from LI/CU, RA, and HI/CU to HI/CU to allow furniture manufacturing and related activities. The Planning Board unanimously recommended approval, contingent on Klaussner's fencing the entire property. 3. Phil Henley and Dorothy Johnson, Asheboro, are requesting that 20.97 acres on Stutts Road, Cedar Grove Township, be rezoned from RA to RR/CU to develop a 16 -lot subdivision for site -built homes only. The Planning Board unanimously recommended approval. 4. Alvin Skeen and William Burrow, Seagrove, are requesting that 37 acres (out of 59.02) on NC Hwy 42 and Old Buffalo Ford Road, Grant township, be rezoned from RA to RR/CU to develop a subdivision of 27 lots for site -built homes only. The Planning Board unanimously recommended approval. 5. Franklin and Jacqueline Lamb, Asheboro, are requesting that 7.01 acres on Alternate 220 South, Richland Township, be rezoned from RA to RM/CU to allow a 3 -space addition to an existing mobile home park, for a total of 6 rental spaces. The Planning board unanimously recommended denial, expressing concern about the proliferation of rental units in the area. 6. Jack and Mary Gearren, Asheboro, are requesting that 4.5 acres on Henry Parrish Road, Cedar Grove Township, be rezoned from RR to RA/CU to allow a single -wide mobile home to be placed on the property. The Planning Board unanimously recommended denial. Mr. Johnson stated that his office had received calls supporting this request if conditions were placed on it. 7. J.J. & Sons Pressure Washing, Asheboro, is requesting that 1.02 acres on US Hwy 220 South, Richland Township, be rezoned to amend their existing conditional use permit of LI/CU. The proposed conditional use amendment would allow a tractor -trailer truck wash operation. Trucks will not be washed on-site. The Planning Board unanimously recommended approval with the conditions of no outside storage, property to be used only to store equipment (no on-site cleaning), and no new construction. Citizen Comments - Request #1 Bill Boyd, applicant, said all homes will be brick and will not change the integrity of the area. There will be city water and sewer, which will tap into the systems at Level Cross School. He said he would put a pumping station at the back of the development to pump the sewage to the school's pumping station. He also said it will be the homeowners association's responsibility (once 70% of the houses are sold) to take care of the pumping station, street lights, and shoulders of the roads. The conditional use is for site -built brick homes and public water and sewer. Jack Tilly, 268 Two Pond Drive, Randleman, asked about sewer maintenance. Mr. Boyd said that the City of Randleman and the School will require that a contracted plumber will be on call at all times in case something happens to the pumping station. Citizen Comments - Request #2 Jon Megerian, Asheboro, Attorney for Klaussner, said that this area has not been moving toward residential -agricultural for several years and that the proposed expansion would create up to 85 new jobs. Paula Johnson, 4676 Hwy Business 220 South, Asheboro, shared several concerns, including traffic, a nearby creek, the land development plan, long-time area residents, buffers, and a proposed southern loop around Asheboro. She presented two petitions opposing this request from area residents and concerned citizens. Kathleen Jarrell, Hwy Business 220 South, voiced concerns about taxes and property values. Citizen Comments - Request #3 Phil Henley, applicant, said that trees will be cut only for rights-of-way and a 1200' street. Harold Gowdy, 3038 Stutts Road, Asheboro, said some of the lots in the proposal are less than an acre and that other homes in the area are individual homes on large tracts. The surrounding area is also agricultural, with chicken houses, cattle, and farms. He said the entrance is at the crest of a hill on a dangerous curve. Charles Allred, adjacent property owner, said that a creek there will be disturbed by the development. Merle Walker, long-time resident on Stutts Road, said they appreciate living where it is rural and don't want a subdivision there. Keith Hoover, area resident, said this development would totally change the character of the neighborhood unless lot and house sizes are increased. Jim Cunningham, 3288 Stutts Road, had a concern about septic tanks being so close to the creek and said this is an unsuitble area for 16 houses. Mrs. Harold Gowdy stated that State Representative Harold Brubaker, who lives in the area, opposes this development. Larry Pritchard, area resident, said he bought land there for privacy and opposes the development. Lonnie Saunders said he has a farm field adjacent which he spreads chicken litter on and that people in the development would grumble about the smell. Willie Stafford, 2743 Stutts Road, said the density of the proposed development is not compatible with the area. Kay Hammond said people need peace and quiet as a stress release and that she wants to keep the Stutts Road area the way it is. Citizen Comments - Request #4 William Burrow, 4483 Fork Creek Mill Road, Seagrove, presented proposed restrictions for his development and said there would be no driveways entering Hwy 42. Citizen Comments - Request #5 Frank Lamb, applicant, said that some old mobile homes on the property will be torn down soon, that the winter rains have prevented him from doing this earlier. He said he had always followed the County's rules on mobile homes and that the planned new units would have city water and individual septic tanks. Citizen Comments - Request #6 Mary Gearren, applicant, stated that they want to put a mobile home on their property for their grandson. They need him to help them and he can't afford other housing yet. This would be tempoary, as he wants to build a log house there when he can. She requested that the conditional use rezoning be applied to only one acre, rather than the 4.5 acres originally asked for, and that the rezoning be for a maximum of 10 years. Blythe Richardson, neighbor, spoke in support of the request. Marie Chaney, 337 Henry Parrish Road, spoke in support of the request. Faye Byrd, 410 Henry Parrish Road, opposed the request, stating that she feels it would downgrade the area. Citizen Comments - Request #7 Johnny Jones of J.J. & Sons said that he has run out of room where his business is now. He requested that part of his conditional use be to limit him to 2 trailers on-site and that he be able to wash only his equipment (the 5 vehicles used in the business of washing tractor -trailers) on-site. Board Action on Requests On motion of Davis, seconded by Holmes, the Board unanimously approved the request of William Boyd, with the conditions that the houses be brick, site -built, and have city water and sewer. On motion of Kemp, seconded by Mason, the Board unanimously approved the request of Klaussner Furniture Industries, with the condition that they fence the entire property. On motion of Holmes, seconded by Davis, the Board unanimously denied the request of Phil Henley and Dorothy Johnson. On motion of Kemp, seconded by Mason, the Board unanimously approved the request ofAlvin Skeen and William Burrow. On motion ofMason, seconded by Holmes, the Board unanimously approved the request of Franklin and Jacqueline Lamb. On motion of Kemp, seconded by Davis, the Board unanimously approved the request of Jack and Mary Gearren to rezone one acre for a maximum of 10 years for the placement of one Class A or B single - wide mobile home. On motion of Davis, seconded by Mason, the Board unanimously approved the request ofJ.J. & Sons Pressure Washing, with the conditions that outside storage be limited to 2 trailers, no washing take place on the property except for washing of the business equipment, and no new construction take place. Adjournment The meeting adjourned at 8:30 p.m. Darrell L. Frye, Chairman Phil Kemp J. Harold Holmes Robert B. Davis Robert O. Mason Alice D. Dawson, Clerk to the Board