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040593RANDOLPH COUNTY BOARD OF COMMISSIONERS April 5, 1993 Meeting The Randolph County Board of Commissioners met in regular session at 2:00 p.m. on April 5, 1993 in the County Office Building, 725 McDowell Road, Asheboro, NC. Commissioners Frye, Kemp, Langley, Petty and Comer were present. Chairman Frye left the meeting where so indicated in these minutes. Invocation was given by Rev. Johnny Henderson, Victory Baptist Church, Seagrove. Changes to Agenda Chairman Frye announced that the following items were to be added to the prepared agenda: O'Brien/Atkins Jail Contract, Executive Session - Purchase of Real Estate, Klaussner Grant Approval, Aging Services Budget Amendment, Piedmont Triad Partnership Appointment. Consent Agenda Chairman Frye announced that a consent agenda is being used today for the first time. Non -controversial, routine matters are grouped together and all voted on with one motion. If a Commissioner wishes to remove an item from the consent agenda, it will automatically be removed for separate consideration. Mr. Frye noted that the NC Association of County Commissioners has produced a public service announcement video featuring Commissioner Petty, which will be aired on television during County Government Week. On motion of Petty, seconded by Comer, the Board approved the consent agenda, as follows: ° Approval of minutes of March 8 and March 15; ° Proclamation (ATTACHED) declaring April 18-24, 1993 as National County Government Week in North Carolina; ° Proclamation (ATTACHED) declaring April 18-24, 1993 Volunteer Week in Randolph County; ° Reappoint Larry Anderson and Larry Brown ° Reappoint James Bowman, Frank Fields, anc Protection District Commission; ° Reappoint Oliver Collier, Glenn Gilmore, Fire Protection District Commission. to the Industrial Bond Authority; George Gregson to the Climax Fire Jr. and Pearl Shepard to the Julian Klaussner Project Grant Administration Contract Patty Sykes, Purchasing Agent, stated that bids had been received for grant administrative services for the Klaussner project, as follows: Hobbs, Upchurch & Associates, Pa - $46,000; RMS Harris Associates, Inc. - $85,000. On motion of Kemp, seconded by Petty, the Board awarded the contract to Hobbs, Upchurch & Associates and authorized the County Manager to sign the contract. Klaussner Project Engineering Contract Ms. Sykes stated that 3 firms submitted proposals to provide engineering and construction management services for the Klaussner project: Black & Veatch; Hobbs, Upchurch & Associates, PA; and Marziano & Minier, PA. On motion of Petty, seconded by Langley, the Board authorized the County Manager to negotiate a contract with Marziano & Minier and to have the contract 4-5-93 Page 2 on the May agenda for Commissioner approval. Klaussner Project Grant Legally Binding Commitment, Contract with Asheboro, Assessment Policy, Grant Agreement, and.Funding-Approval__ Frank Willis, County Manager, advised the Board that we have re6eived official notification from the Department of Commerce that we have been awarded funding approval in the amount of $977,133, with the conditions that the legally binding commitment, contract with Asheboro, assessment policy, grant agreement and funding approval -are all executed and returned to the State. On motion of Kemp, seconded by Petty, the Board approved the legally binding commitment, contract with Asheboro, assessment policy, grant agreement and funding restrictions. Contract with Senior Adults Association for Aging Coordinator Services On motion of Langley, seconded by Petty, the Board approved a contract with Randolph County Senior Adults Association for the provis=ion of aging coordinator services. Library Trust Fund Richard Wells, Library Director, informed the Board that the late Dr. Jared Goldstein's wife has donated his personal medical library to the public library and that his parents have given $1000 to the public library to add to the collection. They plan to do this every year. Mr. Wells requested that these funds be placed in the Library Trust Fund. On motion of Petty, seconded by Comer, the Board authorized these funds to be placed in the Library Trust Fund and instructed the Clerk to send letters of appreciation to Dr. Goldstein's wife and parents. Appointment - County Planning Board The Board still has no names for consideration. Appointments - Aging Services Planning Committee On motion of Langley, seconded by Comer, the Board appointed Harold Holmes (banking/business), Stan Haywood (pharmacist), and Betty Lail (senior citizen and Seagrove area) to serve on the Aging Services Planning Committee. Appointment - Piedmont Triad Partnership On motion of Frye, -seconded by Langley, the Board appointed Alan Pugh to fill the unexpired term of. Grover Ladd, who has resigned. Budget Amendment - Emergency Services On motion of Petty, seconded by Comer, the Board approved Budget Amendment #32 (ATTACHED), which reflects an increase of $63,775 in the Emergency Services Department --$30,736 from the City of Asheboro and $33,039 from the Sheriff's Department. This transfer of funds covers salaries for employees transferred to the 911 Communications Center from these two agencies. Budget Amendment - Aging Services On motion of Langley, seconded by Petty, the Board approved Budget Amendment #33 (ATTACHED), which reflects an additional,$S,,OOp in USDA subsidy for Senior Adults Association meals programs. 4-5-93 Page 3 Budget Amendment - CBA On motion of Langley, seconded by Comer, the Board approved Budget Amendment #34 (ATTACHED), which reflects an additional $1,906 in state funds for the Community Based Alternatives programs. Budget Amendment - Aging Services On motion of Langley, seconded by Petty, the Board approved a proposal by the County Aging Coordinator for the use of $2,528 in Title III, Part F funds - and approved Budget Amendment #35 (ATTACHED), which allocates these funds to Aging Services. 0.'Brien/Atkins Jail Contract Mr. Willis stated that he.had received a proposal from O'Brien/Atkins Associates for $13,000 to modify the- Carter Goble program for the new jail. On motion of Petty, seconded by Langley, the Board approved this proposal and approved Budget Amendment #36 (ATTACHED), which transfers these funds from Contingency to Administration. I-85 Northwest Randolph Development Committee Hal Johnson, Planning Director, gave an update on the work the committee has done regarding intergovernmental agreements that could enhance clean, diversified, and manageable industrial development in this area. This area lies within or is close to the development spheres of Archdale, High Point, Thomasville, Davidson County and Randolph County. .They have studied the following issues: transportation, water and sewer availability, sharing of GIS systems, watershed and clean air regulations, land use plans, the identification of prime industrial sites, and a forum for solid waste flow. The committee plans to have a community meeting, prepare a priority list for infrastructure improvements, work out joint strategies for marketing industrial sites, and formalize annexation agreements. Lake Reese Watershed Mr. Johnson stated that the County, Archdale, and High Point are ready to ask the Environmental Management Commission to reclassify 8,236 acres (north of I-85) of the upper Uwharrie River (Lake Reese) Watershed as a WS -IV, which would allow development up to 70% impervious surface. This classification would allow more intense commercial and industrial development. As a trade off for the greater development intensity of the WS -IV classification, it is proposed that the water critical area protection around the actual reservoir be increased from its current6,452 acres to 16,582 acres. Asheboro planning staff will study these recommendations and make a proposal to their council. Then we will be ready to adopt 'a resolution on thi's matter._ Offer to Purchase Farmer School Rodney Mason, attorney for .the Randolph County Board of Education, advised that the Board of Education has declared the old Farmer School to be surplus property. By state law, they must first offer this property to the County Commissioners before disposing of it. The property, appraised at $750,000 by Hal Powell, will probably be auctioned off if the County does not purchase it. On motion of Kemp, seconded by Petty, the Board declined this offer to purchase Farmer School. 4-5-93 Page 4 Animal Control Ordinance Amendment Frank Willis, County Manager, explained that staff had been studying the animal control issue, considering various options and looking at different ordinances. The proposed solution is to add a nuisance'.section to the current animal control ordinance. The proposed amendment, as set forth below, would replace Section 3.C.1: 1. Nuisance It shall be unlawful for any person to own, keep, possess, or maintain an animal in such a manner so as to constitute a public nuisance or a nuisance to neighbors. By way of example, and not of limitation, the following acts or actions of an owner, harborer, or possessor of an animal are hereby declared to be a public nuisance and are, therefore, unlawful: (a) Having an animal that.disturbs the rights of, threatens the safety of, or damages a member of the general public, or interferes with the ordinary use and enjoyment of their_ property; or (b) Allowing or permitting an animal to damage the property of anyone other than its owner, including, but not limited to, turning over garbage containers or damaging gardens, flowers, or vegetables, or desecrating upon the property of another;' or (c) Maintaining animals .in -an environment of unsanitary conditions or lack of cleanliness which results in offensive odor or is dangerous to the public health, welfare, or safety or a failure to maintain a condition of good order and cleanliness which reduces the probability of trans- mission of disease. (d) Maintaining property that is offensive, annoying or dangerous to the public health, safety or welfare of the community because of the number, type, variety, density or location of the animals on the property; or (e) Allowing or permitting an animal to bark, whine, or howl in an excessive, continuous, or untimely fashion so as to interfere with the reasonable use and enjoyment of neighboring premises; or (f) Maintaining an animal that is diseased and dangerous to the public health; or (g) Maintaining an animal that habitually or repeatedly chases, snaps at, attacks or barks at pedestrians, joggers, dogs walked on a leash by owners, bicycles or vehicles; or (h) Failing to confine a female dog or cat while in season in a building or secure enclosure in such a manner that she cannot come into contact with another dog, or create a nuisance by attracting other animals; provided this section shall not be construed to prohibit the intentional breeding of animals within an enclosed, concealed area on the premises of the owner of an animal which is being bred. On motion of Kemp, seconded by Petty, the Board amended the animal control 4-5-93 Page 5 ordinance as proposed above, to be effective immediately. Discharge of Firearms Ordinance Ed Gavin, County Attorney, introduced a proposed ordinance to regulate the discharge of firearms in the unincorporated areas of the county: Section 1. RESTRICTIONS No person shall, without consent of the owner or lawful occupier, discharge a firearm within 150 yards of a dwelling or other building or structure, which is designed to be occupied by human beings, if such person knows or reasonably should know that injury to persons or damage to property may result. Section 2. EXCEPTIONS This section shall not be construed as prohibiting discharge of a firearm: A. In defense of life or property; B. By law enforcement officers in the performance of their duty; C. By persons lawfully engaged in pest control; or D. At public or private shooting ranges or galleries. Section 3. DEFINITIONS A. "Firearm" means a weapon which will expel a projectile by the action of an explosive. B. "Shooting range" or "gallery" means an area, either enclosed or out-of-doors, at which firearms are discharged at targets and which is designed so that projectiles fired from firearms at targets are prevented, by means of backstops or other barriers, from going beyond the boundaries of the area. Section 4. PENALTIES A violation of this ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed fifty dollars ($50.00) or imprisoned for not more than thirty (30) days. The Board discussed the possible effects of this ordinance on hunters, the possibility of increasing the penalties, and the requirement of a special use permit for shooting ranges. They asked Mr. Gavintf ather more information and bring it back to the May meeting. Rezoning Public Hearing The Board adjourned to a duly advertised public hearing at 4:00 p.m. to consider rezoning requests. Hal Johnson, Zoning Administrator, presented the following requests: 1. Allen Bullard, Asheboro, is requesting 22.5 acres at the corner of Old Liberty Road/Millboro Road, Franklinville Township, be rezoned from RA to RR to develop a 9 -lot subdivision. The Planning Board unanimously recommended approval for a maximum of 7 lots with 3 -acre minimum lot size. 2. Paul Duncan, Archdale, is requesting 7.7 acres at the end of Surratt Drive, 4-5-93 Page 6 Trinity Township, be rezoned from RA to LI for industrial development. The Planning Board unanimously recommended approval. 3. Tony Hurley, Asheboro, is requesting one acre on Old Liberty Road, Franklinville Township, be rezoned from RA to HC to construct 2 buildings to operate an automotive body repair business. The Planning Board unanimously recommended approval with the following restrictions: no permanent storage of junk vehicles or materials, new construction should not be visible from Old Liberty Road, and proper disposal of all liquid waste. 4. Ellen Newman, Randleman, is.requesting 10.4 acres on. Newman Trail, Randleman Township, be rezoned from RA to RM/CU to develop a 10 -space mobile home park. The Planning Board unanimously recommended that the request be approved for the addition of 2 spaces on condition that junk vehicles be removed and the existing private road be brought up to County standards. Comments - Request #1 Allen Bullard stated the applicant will develop only 6 lots and will preserve the rural integrity of the area. Libby Ward, adjoining property owner, said that every adjoining property owner has septic tank and well problems and that she has seen a report from the soil office recommending this area not be developed until its soils are evaluated. Frank Routh, neighbor, said that after the initial zoning designation was given to this area, it shouldn't be changed without a very good reason. Betsy Chapman, 2680 Millboro Road, said she is the 4th generation to live there and the reason she came back there is because of the lack of subdivisions. Comments - Request #2 Beth Koontz, 300 N. Main St., High Point, attorney for the applicant, said Mr. Duncan wants to combine both parts of his business and there isn't room to do that at its current location. The proposed site also has excellent access to I-85. Comments - Request #3 Tony Hurley, Asheboro, stated that he will abide by state regulations and the Planning Board's recommended restrictions. Comments - Request #4 Ellen Newman, 843 Newman Trail, stated that she wants to increase the number of lots and rental houses she has and that -she understands she must clean up the property before expanding. James Tincher, 2882 WOW Road, Randleman, telephoned. and asked that his opposition be read at this meeting. Chairman Frye read that Mr. Tincher is opposed to this request because of his concern about increased noise and traffic congestion. Board Action on Requests On motion. of Petty, seconded by Langley, the Board (4-1) approved 6 lots, with a minimum of 3 -acre lot sizes, for Allen Bullard. Chairman Frye opposed 4-5-93 Page 7 this request. On motion of Kemp, seconded by Petty, the Board approved the request of Paul Duncan. On motion of Petty, seconded by Langley, the Board approved the request of Tony Hurley, with the restrictions recommended by the Planning Board. On motion of Langley, seconded by Petty, the Board approved the addition of 2 spaces for Ellen Newman, with the condition that junk vehicles be removed and the road be brought up to County standards. Executive Session - Real Estate On motion of Petty, seconded by Langley, the Board voted to go into executive session to consider the purchase of real estate. Chairman Frye left the meeting during the executive session and Vice Chairman Kemp presided during the remainder of the meeting. Adjournment The Board returned to regular session. On motion of Langley, seconded by Kemp, the Board adjourned without taking any action regarding the executive session.