110308November 3, 2008
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 Holmes, Frye, Haywood, Kemp and Lanier were present. Rev. Thomas Benedict of
Asheboro United Church of Christ gave the invocation, and everyone recited the Pledge of Allegiance.
Special Recognition of Award Recipient
Randolph Community College (RCC) President Dr. Robert Shackleford announced that Wanda
Brown, Executive Assistant to RCC President and Board of Trustees, has been named the recipient of the
2008 Southern Regional Professional Board Staff Award by the Association of Community College
Trustees. Ms. Brown has been with the Community College since 1982, serving as Executive Assistant
for three presidents at RCC for the last 20 years. The Board congratulated Ms. Brown on this prestigious
award.
Public Comment Period
Pursuant to N.C.G.S. § 153A-52.1, Chairman Holmes opened the floor for public comment.
Phil Morgan, Seagrove potter, said that he was the new President of the Traditional Pottery
Museum. He presented Board members with a special commemorative issue of the annual Seagrove
Pottery Festival promotional publication and said that the nearly 50 -page brochure had been mailed to
25,000 people. He thanked the Board for its support and added that he expected the festival, which will
be held November 22-23, 2008, will be better than ever; he expects a huge crowd.
Changes to the Agenda
Chairman Holmes announced the following changes to the agenda: Item IV. Special Presentation by
Robert Suggs had been removed from the agenda and placed on the December agenda and Item H.
Consider Adoption of Resolution on Selection of Secure Rural Schools Safety Net Formula Payment
Will Massie and Item I. Closed Session for Economic Development were added to the agenda.
Approval of Consent Agenda
On motion of Lanier, seconded by Frye, the Board voted unanimously to approve the Consent
Agenda, as follows:
• approve minutes of the October 6, 2008 regular meeting;
• approve a DOT resolution adding Winchester Heights Drive to the State roads system, as follows:
WHEREAS, the Department of Transportation has investigated Winchester Heights Drive in the
Winchester Heights Subdivision; and
WHEREAS, the subject street has been found to meet minimum requirements for addition.
NOW, THEREFORE, BE IT RESOLVED by the Randolph County Board of Commissioners that
Winchester Heights Drive in the Winchester Heights Subdivision be added to the Division of Highways'
Secondary Road System.
• reappoint Cathy Hayes to the Randleman Planning & Zoning Board;
• reappoint Kim Smith -Griffin to the Randolph County Board of Equalization and Review;
• reappoint Kim Smith -Griffin to the Randolph County Tax Commission;
• approve Budget Amendment #12 for the Health Department (Healthy Carolinians Program & Breast
& Cervical Cancer Control Program funding), as follows:
2008-2009 BUDGET ORDINANCE
GENERAL FIND -Amendment #12
Revenues Increase Decrease
Restricted Inter overnmental $44,078
Appropriations Increase Decrease
Public Health $44,078
• approve Budget Amendment #13 for DSS (Early Child Care Scholarships from High Point United
Way), as follows:
2008-2009 BUDGET ORDINANCE
GENERAL' FIND -Amendment #13
Revenues Increase Decrease
Restricted Inter overnmental $30,000
Appropriations Increase Decrease
Social Services $30,000
Sandhills Center Update
Michael Watson, Chief Executive Officer, Sandhills Center, gave an update on the Sandhills Center.
He said that they are working toward national accreditation, and continuing their community service
development efforts. These include a dramatic expansion of community inpatient psychiatric capacity,
the implementation of a Comprehensive Community Crisis Plan and the support of a number of Best
Practice activities such as CIT, ACT teams, jail diversion, in-home therapy, hospital transition teams, and
peer counseling.
Approval of Increase in Pneumococcal Vaccine Fee
Susan Hayes, Assistant Health Director, said that the Health Department's cost of pneumonia vaccine
has increased to $29.26 per dose for the vaccine alone. The current fee per dose is $25. She asked the
Board to approve increasing the per dose fee to $30.
On motion of Haywood, seconded by Frye, the Board voted unanimously to approve increasing the
Health Department's pneumonia vaccine fee to $30/dose.
Approval of Progress Energy's Easement at Solid Waste Facility
David Townsend, III, Public Works Director, said that Progress Energy wishes to obtain two parcels
of land on Solid Waste Facility property for an easement for a major transmission line. One parcel is 5.54
acres; the other is 10.67 acres. The parcels will be easements—the County will still own the land, but
Progress Energy will have the right for access to the right-of-way and to cut the timber under the power
lines. Progress Energy is offering $18,800 for the small parcel and $57,100 for the larger one for a total
of $75,900.
On motion of Kemp, seconded by Frye, the Board voted unanimously to grant an easement to
Progress Energy across property at the Solid Waste Facility, accept an offer of $75,900 from Progress
Energy for two parcels of land for the easement, and authorize the Chairman to sign the easement after
payment is received.
Approval of Naming of Courtroom
Chairman Holmes said that Chief District Court Judge William Neely is retiring effective December
31, 2008. Judge Neely has served Judicial District 19B and Randolph County for 28 years as a judge, 22
of those as Chief District Court Judge. He is the longest service judge in the history of this county.
Chairman Holmes asked the Board to consider naming one of the courtrooms at the new courthouse in
his honor.
On motion of Frye, seconded by Haywood, the Board voted unanimously to approve naming
Courtroom IA, the William B. Neely Courtroom.
Approval of Historic Landmark Preservation Commission (HLPC) Application Fee
Hal Johnson, Chairman of the HLPC, asked the Board to set the fee for applications for local historic
landmark designations. He said that the HLPC is recommending the following: $125 per application (to
cover the cost of legal advertising and standard signage); signage other than standard signage would need
to be approved by the Commission; any excess fees of the standard sign would be charged to the
applicant. Fees will be waived for landmark designations requested by the Commission or a governing
body; however, cost of signage in excess of standard shall be the responsibility of the local government;
if an application is denied by the HLPC, $75 will be refunded to the applicant.
On motion of Haywood, seconded by Lanier, the Board voted unanimously to approve the Historic
Landmark Preservation Commission application fee as follows: $125 Application fee; $75.00 refund, if
the application is denied; cost for signage other than the approved standard signage will be charged to
the applicant; and the waiver of fees for local government applications; however, cost of signage in
excess of standard shall be the responsibility of the local government.
Election of Voting Delegate for Legislative Goals Conference
On motion of Frye, seconded by Haywood, the Board voted unanimously to elect Phil Kemp as the
voting delegate for the Legislative Goals Conference in Raleigh in January.
Adoption of Resolution on Selection of Secure Rural Schools Safety Net Formula Payment
County Finance Officer Will Massie said that since 1908, 25 percent of Forest Service revenues, such
as those from timber sales, mineral resources and grazing fees, have been returned to states in which
National Forest lands are located. Public Law 106-393, the Secure Rural Schools and Self -Determination
Act of 2000 (SRS), was enacted to provide assistance to rural counties affected by the decline in revenue
from timber harvests on federal lands. The funds have been used for schools and roads as well as to
create employment opportunities, to maintain current infrastructure, and to improve the health of
watersheds and ecosystems. Public Law 110-343, recently enacted on October 3, 2008, reauthorized and
amended SRS. Counties must notify the State Treasurer before November 14, 2008 as to the how it
wishes to receive its forest reserve payments. Mr. Massie recommended the full safety net payment
method per PL 110-343.
On motion of Frye, seconded by Kemp, the Board voted unanimously to approve a resolution
regarding selection of secure rural schools safety net formula payment, as follows:
WHEREAS, counties having United States National Forests within their boundaries have received Forest
Reserve funds for roads and schools since the passage of the Agricultural Reapportionment Act of 1908 based on
revenues generated from these forests; and
WHEREAS, these counties have substantial areas of land in public ownership which can neither be developed
nor taxed to generate revenue from economic activity or taxation; and
WHEREAS, the demands for education and roads have in most jurisdictions continually increased while
Forest Reserve revenues have declined; and
WHEREAS, the Congress of the United States has seen fit to pass PL 110-343, which provides a four (4) year
safety net whereby counties may either receive the traditional annual payment from the Forest Service or select
four years of payments based on a formula provided in the legislation.
WHEREAS, PL 110-343 specifies that each forest county has an option to select either: (a) remaining on the
traditional 25% Forest Reserve Receipts payment system or (b) selecting the full payment system set forth in Title I
of PL 110-343; and
WHEREAS, it is understood that counties which select the PL 110-343 full payment (safety net) option are
doing so for the full four (4) year life of the bill; and
NOW THEREFORE, BE IT RESOLVED, that Randolph County and its impacted school districts,
hereby select to receive their forest reserve payments as set forth below (specify one):
O Traditional 25% Forest Reserve Receipts —1908 Act (7 year rolling average)
O Full Safety Net Payment amount as per PL 110-343; and
BE IT FURTHER RESOLVED, that this selection be communicated to the Governor of the State of North
Carolina, by November 13, 2008 via communication with the State Controller's Office.
Closed Session—Economic Development [N.C.G.S.143-318.11(a) (4)1
At 4:45 p.m., on motion of Frye, seconded by Kemp, the Board voted unanimously to go into closed
session to discuss matters relating to the location or expansion of business in the area, pursuant to
N. C. G. S. 143-318.11(a) (4).
Regular Session Resumed
At 5:05 p.m., the Board returned to regular session.
Public Hearing Set
On motion of Haywood, seconded by Lanier, the Board voted unanimously to set 5:00 p.m. on
December 1, 2008 for a public hearing for consideration of an economic development incentives project.
Recess
At 5:08 p.m., the Board recessed in order for the Historic Landmark Preservation Commission to
hold a public hearing regarding the designation of the old Courthouse as a historic landmark.
Regular Session Resumed
At 5:50 p.m., the Board returned to regular session.
Approval of Resolution of Support for Asheboro's Designation of Historic Courthouse as Historic
Landmark
On motion of Kemp, seconded by Frye, the Board voted unanimously to approve a resolution of
support for the City of Asheboro's designation of the Historic Courthouse as the county's first historic
landmark, as follows:
RECOMMENDING LOCAL HISTORIC LANDMARK DESIGNATION --1909 Randolph County Courthouse
WHEREAS, Chapter 160A, Article 19, Part 3C of the North Carolina General Statutes provides for the
designation of local historic landmarks; and
WHEREAS, the Randolph County Board of Commissioners has established the first Randolph County
Historic Landmark Preservation Commission and provided opportunities for municipalities within Randolph
County to designate the Commission as a joint historic preservation commission, having the authority to exercise,
within the planning jurisdiction of the municipalities, all the powers and duties given it in the Randolph County
Historic Preservation Ordinance; and
WHEREAS, the City ofAsheboro and the County of Randolph entered into such an inter -local agreement on
September 4, 2008; and
WHEREAS, the Randolph County Historic Landmark Preservation Commission has taken into consideration
all information contained in the Historic Landmark Designation Application for the 1909 Randolph County
Courthouse requested and filed by the Randolph County Board of Commissioners on September 27, 2008; and
WHEREAS, the North Carolina Department of Cultural Resources - State Historic Preservation Office - has
reviewed the Landmark Application and noted that the 1909 Randolph County Courthouse possesses the requisite
historical significance and integrity required for local landmark designation; and
WHEREAS, the Randolph County Historic Landmark Preservation Commission conducted the required
public hearing on November 3, 2008 and recommended unanimously that this landmark designation be approved;
and
NOW THEREFORE, BE IT RESOLVED, that the Randolph County Board of Commissioners requests that
the Asheboro City Council designates the exterior of the property known as the 1909 Randolph County Courthouse
as a Local Historic Landmark pursuant to Chapter 160A, Article 19, Part 3C of the North Carolina General
Statutes and by inter -local agreement between the City of Asheboro and the Randolph County Board of
Commissioners.
This property is more specifically described as follows:
PROPERTY BO UNDARY: That portion of Randolph County property located at 145 Worth St, PIN# 775183 717,
Asheboro, N. C., where was constructed the 1909 Randolph County Courthouse; and as conveyed on June 9, 1908,
by A. G. McAlister and wife Addie, to the Randolph County Board of Commissioners as follows:
Beginning at an iron pipe on the north side of Worth Street and running thence north 79 degrees; East with said
Worth Street 158 feet to an iron pipe; thence North 11 degrees East 250 ft to an iron pipe; thence South 79
degrees West 158 feet to iron pipe; thence South 11 degrees West 102 feet to an iron pipe on the South side of a 16
ft alley; thence South 11 degrees West 148 feet to the beginning containing, more or less, 39,500 sq. ft., as also
referenced on Deed Book/Page 131-79, as merged on February 8, 1990.
Recess
At 5:52 p.m., the Board recessed.
Rezoning Pubic Hearing
At 6:30 p.m., the Board returned to regular session and then adjourned to a duly advertised public
hearing to consider a rezoning request. Hal Johnson presented the following request, and Chairman
Holmes opened the public hearing for comments on the request and closed it before taking action.
JAMES STOUT, Randleman, North Carolina, is requesting that 108.01 acres located on Racine Road,
Providence Township, be rezoned from CVOE-CD to CVOE-CD. Secondary Growth Area. Polecat
Creek Watershed. Tax ID# 7777870401, 7777669205, 7777669456, 7777679278, 7777679446,
7777760700, 7777760920, 7777770029. Mr. Johnson said that in 2006, the original rezoning was for 54
lots with an average lot size of 2.1 acres and minimum house size of 1,700 sq. ft. Now, the proposed
Conditional Zoning District would specifically amend the existing Conditional Zoning to decrease the
minimum house size from 1,700 sq. ft. to 1,500 sq. ft. and increase the number of buildings lots from 54
to 75 as per site plan with an average lot size of 1.3 acre. (Property Owner - Richie Wilbert Moore &
Others). The Technical Review Committee recommended (to the Planning Board) that the request be
denied because the current zoning district is consistent with the surrounding community and the original
rezoning (in 2006) had the support of the community. However, the Planning Board reviewed this
request at public meeting on October 7, 2008 and recommended unanimously that this request be
approved due to the economic decline and no opposition being expressed from the community at either
the Neighborhood Information Meeting or the Planning Board meeting. The Planning Board found the
following policies within the Growth Management Plan that support determination of consistency with
the adopted plan with this recommendation:
Policy 6.13 Conventional residential subdivisions are anticipated of similar housing characteristics to
the community.
Policy 8.8 The County should seek land use decisions to continue to provide locations for affordable
housing while maintaining a choice in compatible housing types in communities within the county.
James Stout, applicant, said that due to the bad economy, there was no way to profit if the lot sizes
are left at two acres. If this request is not approved, he will have to sell the property. He said that he plans
to cut as few trees as possible. He promised to do the development in phases and "do it right."
On motion of Kemp, seconded by Frye, the Board voted unanimously to deny the request of James
Stout, as determined consistent with the above referenced policies contained within the adopted Growth
Management Plan and the original rezoning approved by the Commissioners in 2006
Adjournment
At 6:58 p.m., there being no further business, the meeting adjourned.
J. Harold Holmes, Chairman
Phil Kemp
Stan Haywood
Darrell L. Frye
Arnold Lanier
Cheryl A. Ivey, Clerk to the Board