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090589RANDOLPH COUNTY BOARD OF COMMISSIONERS MINUTES September 5, 1989 The Randolph County Board of Commissioners met in regular session at 2:00 p.m. on September 5, 1989. Commissioners Frye, Langley, Davidson, Petty and Comer were present. Invocation was given by Rev. J. C. Close, Jr. of First United Methodist Church in Asheboro. On motion of Petty, seconded by Comer, the Board approved the minutes of the August 7 and August 21 meetings. Forestry Update Vic Owen, District Forest Ranger, outlined activities and accomplishments of Randolph's forestry program for the last year. He praised the work of the county ranger Steve Pearce and assistant ranger Robert Dorton and told the Board that Randolph needs another assistant ranger. He noted that 1400 acres of trees were planted in Randolph in the past year. Mr. Owen also stated that through action of the General Assembly the forestry program, effective January 1, 1990, will fall under state sedimentation laws. Proclamation for 4H Week On motion of Langley, seconded by Davidson, the Board adopted a proclamation declaring October 1-7, 1989 as 4H Week in Randolph County. A copy of the proclamation is included by reference. Resolution Opposing a Low -Level Radioactive Waste Site On motion of Petty, seconded by Comer, the Board adopted a resolution opposing a low-level radioactive waste site in Randolph Couunty. A copy of the resolution is included by reference. Road Assessment for SR 2281 Alice Dawson, Clerk to the Board, informed the Board that she had duly advertised the public hearing to b e held on assessments for paving SR 2281 and presented a certificate from the Tax Collector showing that he had sent the proper notices to the property owners to be assessed. Chairman Frye opened the public hearing on this matter at 2:30 p.m. Lex Kelly, D.O.T. District Engineer, told the Board that the paving has been completed and that the shoulders have been dressed and seeded. He said he had visited the site twice and that he was pleased with the work done. Arthur Hawks, owner of lot 32, said that ditches were not cleaned out properly in front of his house and that they had not done a very good job with reseeding. He said he has no complaints with the paving. Mr. Kelly explained that because this was an old subdivision road the shoulders were not very wide. If D.O.T. had made the usual V -type ditches, they would have cut into the lawns and would have taken some shrubbery. They tried to avoid that and created a more shallow ditch. He said D.O.T. would come back and cut a deeper ditch for those who request it. 9/5/89 Minutes Page 2 Ruth Freeman, owner of lots 3, 4, and 28, said that the ditches are too shallow and won't drain and that seeding was not done properly. She said that she couldn't use the weedeater in the ditch without rocks being thrown up in her face. She also complained of a big rut a big truck made in the shoulder. Mr. Kelly said that the rut could be fixed. The public hearing was closed. On motion of Davidson, seconded by Langley, the Board adopted a resolution confirming the assessment roll and levying assessments for the paving of SR 2281. This action was taken at 2:53 p.m., September 5, 1989. From this moment of confirmation, each assessment is a lien on the property assessed of the same nature and to the same extent as the lien for county or city property taxes. A copy of the resolution is included by reference. Countywide Development Activity Annual Report Hal Johnson, Zoning Administrator, gave a report on countywide development activity during the 88-89 fiscal year as reflected by rezonings and individual zoning permits issued in areas of County zoning jurisdiction. Coleridge School Water Situation Chairman Frye stated that County and County School officials had met with Ramseur officials to negotiate a water line from Ramseur's system to Coleridge School. On Monday Health Department officials discovered contamination in the old well which had recently been approved for showers, handwashing and flushing. Mr. Frye announced that a new tanker to store drinking water had been obtained since the Board's last meeting. This tanker has a 180 -day contract with an option for extension. Mr. Frye said that school and county officials will meet again tonight after this meeting is recessed. Today's recessed meeting will reconvene at 7:00 p.m. tomorrow night, at which time discussion on the Coleridge School water situation will continue and some action will be taken. RC&D Wood Chipper Project Central Calvin Evans with the North _/_ Piedmont Resource Conservation and Development Committee gave the Board an update on a wood chipper project RC&D is pursuing. He said that they have located a source for grant funds to purchase all the equipment needed to have a regional wood chipper that could be shared by three or four counties. All the necessary equipment would cost an estimated $265,000. Participating counties would pay their proportionate share of annual operating costs. He estimated annual operating costs to be $25,000 per county, although these costs would be determined by how many counties participate and how much revenue could be generated from selling the wood chips. Mr. Evans said he needed the Board's endorsement of the project before pursuing the grant funds. He received endorsement from Alamance County earlier today. On motion of Davidson, seconded by Langley, the Board endorsed the concept of a regional wood chipper and agreed they would be interested in participating in the project upon completion of a proper contract. Rezoning Public Hearing At 4:00 p.m. Chairman Frye opened a duly advertised public hearing to consider rezoning requests. Hal Johnson presented the following requests: 9/5/89 Minutes Page 3 1. Kermit Morgan, Trinity, is requesting 6 acres on SR 1534, New Market Township, be rezoned from RA to RM/CU to develop a 19 -space mobile home park. The Planning Board unanimously recommended approval with appropriate area in the park left vacant for children to play. 2. B. R. Clodfelter, Archdale, is requesting 55 acres at the intersection of SR 1408/SR 1636, Tabernacle Township, be rezoned from RA to RR to develop a site -built subdivision. The Planning Board unanimously recommended approval. 3. Thomas Moore, Liberty, is requesting 32 acres on SR 2417, Liberty Township, be rezoned from RA to RR to develop a residential subdivision. The Planning Board unanimously recommended approval. 4. Jay Hohn, High Point, is requesting 10 acres on SR 1927, New Market Township, be rezoned from RA to HC/CU to operate a go-cart track. The Planning Board recommended by a 4/3 vote to approve the request with the restriction that races be allowed only on Saturday nights with a curfew of 11:00 p.m. 5. Cliff Loflin, Asheboro, is requesting that i acre on the southeast corner of SR 1181/SR 1177, New Hope Township, be rezoned from RA to RA/CU for an automotive sales lot. The Planning Board unanimously recommended approval. 6. Cliff Loflin, Asheboro, is requesting 5 acres on Highway 49 approximately 100 yards from the county line, New Hope Township, be rezoned from RA to HC/CU to construct a sales office and have a car sales lot. The Planning Board unanimously recommended the request be denied as inconsistent with the Land Development Plan for this area. 7. Steve Vestal, Thomasville, is requesting 1 acre on the corner of SR 1627/SR 1629, Trinity Township, be rezoned from RM to LI so he can use the property for industrial purposes. The Planning Board unanimously recommended approval. 8. Rodney Brown, Franklinville, is requesting 1 acre out of a 49 -acre tract on SR 2141, Franklinville Township, be rezoned from RR to HC/CU to construct a warehouse and small office for storage of general construction materials. The Planning Board recommended by a 4/3 vote to deny the request. Comments - Request #1 Kermit Morgan, applicant, stated that he had set aside almost 18,000 square feet for a playground area and that playground equipment would be provided. Comments - Request #2 No one spoke regarding this request Comments - Request X63 Thomas Moore, applicant, stated that 5 lots would be 5 acres+ each and 3 lots would be 1 3/4 acres each. Ed Smith, Liberty, inquired about deed restrictions. Mr. Moore read the deed restrictions at length. Comments - Request #4 Jay Hohn, applicant, said that an 11:00 p.m. curfew would be a real handicap if rain, cautions, etc. slowed down the races. He said they might want 9/5/89 Minutes Page 4 to run to Friday nights and would need some practice nights. He stated that his closest neighbors were present in the audience and that they do not oppose his having a go-cart track on his property. He said that traffic comes in from two different roads and that most races have fewer than 10 competitors participating. B. T. Williams, adjoining property owner, stated that he was representing 25 neighbors (18 stood) who have no problem with the track because the track cannot be seen or heard and none of the 10 acres for which rezoning is requested touches the property line. Steve Riley, Trinity, stated that he had been racing since he was a boy and that this track is a nice family track, with races over well before the 1 or 2 a.m. complained of. Mark Stroud, Muddy Creek Road, presented a petition which he said was signed by 74 other neighbors (9 stood) opposing the track. He said they could hear the racing and that traffic was heavy. Leonard Stroud, Harlow Drive, said his house is 2500 feet from the track and that the noise is terrible. Helen Weaver, Jamestown, owner of adjoining property, expressed concern for rezoning in the middle of farmland and what that might lead to in the future. Jackie Stroud, Harlow Drive, stated that if Canter Drive is made a deadend road, the only access to the track will be through Harlow Drive. She said that when the track was there before, races ran until 1 or 2 a.m. and the noise disturbed their sleep. Comments - Request #5 Randy Bortree, Route 3, Denton, said he lives z mile from the site and he supports it because there are so few businesses in the area. Darell Latham, Route 3, Denton, spoke in support of the request. Comments - Request #6 Cliff Loflin, applicant, said there is already a rental trailer on the property and that he will have only 2-3 cars on the lot at any given time. He said that he needs a visible spot on Highway 49 where traffic will see, the cars for sale. Rex Shaw, Route 2, Denton, adjoining property owner, said he may build his residence on his property in the future and does not want a business next to it. Steve Scarborough, Route 7, Asheboro, area property owner, said he bought this property as a homesite and does not want a used car lot 2 doors down. Elwina Shaw stated that the site in question is part of a 214 -acre estate auction that was sold for homesites several years ago. She said it is a beautiful wooded area with a creek running through it and that those who bought parcels at the auction thought it would all be preserved as homesites. Christy Loflin, wife of the applicant, noted that there would not be more 9/5/89 Minutes Page 5 than 1 or 2 cars on the site at any given time and that there is already a store on either side of the property. Comments - Request #7 Steve Vestal, applicant, said he plans to build a 5000 square -foot brick commercial building on the site and then lease it. He stated that the area is already industrial. Comments - Request #8 Rodney Brown, applicant, stated that he is already using a warehouse nextdoor and is only seeking to change the location to consolidate his business, thus creating no more traffic than is coming in now. He said drivers would be coming in only once a month or so to take materials out. He said that he plans a nice building and that he will landscape it. Bob Harmon, adjoining property owner, said some neighbors were told that their taxes would go up if the property is rezoned and that this is why some signed a petition opposing it. Ken Austin, adjoining property owner, said he has no objections to the rezoning, that Mr. Brown has a nice place now, and that he will have a nice warehouse. Darrell Williamson, adjoining property owner, said he has no objection to the rezoning. Pat Harmon, Route 1, Franklinville, neighbor, said she has no objection to the rezoning. Rick Nance, Route 1, Franklinville, neighbor, said he has no objection to the rezoning. Ila May Loflin opposed the rezoning. Hurley Haithcock opposed the rezoning. James Reeder, adjoining property owner, presented a petition with 50 names opposing the rezoning (12 stood). Tony Pugh, Route 1, Franklinville, neighbor, said that the proposed site is very close to 5 or 6 residences and suggested that Mr. Brown use 1 acre from another area of the 49 -acre tract, such as the road frontage next to Mr. Brown's house. Ken Austin, adjoining property owner, stated that some who were identifying themselves as adjoining property owners did not adjoin the 5 acres, only the 49 acres. He asked what grounds the petition stated for opposition. Chairman Frye informed Mr. Austin that the petition did not state a reason for opposition. Lois Reeder stated that all adjoining property owners except 1 signed the petition. 9/5/89 Minutes Page 6 Felix Ward, adjoining property owner, said he feels this rezoning would set a precedence for additional rezoning in the area and that he opposes it. Action on Rezoning Requests On motion of Langley, seconded by Davidson, the Board approved the request of Kermit Morgan. On motion of Petty, seconded by Comer, the Board approved the request of B. R. Clodfelter. On motion of Langley, seconded by Comer, the Board approved the request of Thomas Moore. On motion of Petty, seconded by Davidson, the Board approved the request of Jay Hohn with the restriction that the track operate only on Friday and Saturday nights and with a curfew of 11:30 p.m. On motion of Davidson, seconded by Comer, the Board approved the z -acre request of Cliff Loflin. On motion of Petty, seconded by Comer, the Board denied the 5 -acre request of Cliff Loflin. On motion of Comer, seconded by Davidson, the Board approved the request of Steve Vestal. On motion of Langley, seconded by Petty, the Board approved the request of Rodney Brown. Appointments - Randleman Planning & Zoning Board On motion of Davidson, seconded by Petty, the Board approved reappointing Worth Greeson, John Wood, Mildred McDonald, Leon Hucks, and Charles Brown as outside members of the Randleman Planning and Zoning Board. The meeting recessed until 7:00 p.m. At 7:00 p.m. the Board reconvened to conduct business related to the $32,000,000 school bond referendum. Report from the Clerk Alice Dawson, Clerk to the Board, reported that the bond order entitled "BOND ORDER AUTHORIZING THE ISSUANCE OF $32,000,000 SCHOOL BONDS OF THE COUNTY OF RANDOLPH," which had been introduced on August 21, 1989, had been published in a qualified newspaper on August 23, 1989, with notice that the Board would hold a public hearing thereon on September 5, 1989. The Clerk also reported that the County's Finance Officer had filed in the Clerk's office a statement of debt complying with the provisions of The Local Government Bond Act and that such statement showed the net indebtedness of the County to be 1.63% of the appraised valuation of property in the County subject to taxation. Public Hearing On motion of Davidson, seconded by Petty, the Board voted at 7:13 p.m. to 9/5/89 Minutes Page 7 proceed with the public hearing on the school bond order. Chairman Frye announced that the Board would hear anyone who wished to be heard on the questions of the validity of the school bond order and the advisability of issuing the bonds. Roger Pritchard with the Asheboro City Schools discussed the long-range plans they have made and the facility needs they have identified. Of the $7,800,000 of bond money requested, $2,840,000 would be for classrooms, cafeteria, and laboratory at Asheboro High; $4,500,000 would be for replacing Balfour Elementary; and $460,000 would go toward a multi-purpose area at Lindley Park Elementary. Dr. George Fleetwood, Superintendent of Randolph County Schools, stated that the County Schools have done a similar study and have identified a similar list of needs. No one else present requested to speak. On motion of Petty, seconded by Comer, the Board adjourned the public hearing. Adoption of Bond Order On motion of Langley, seconded by Petty, the Board adopted without change and directed the Clerk to publish as prescribed by The Local Government Bond Act the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $32,000,000 SCHOOL BONDS OF THE COUNTY OF RANDOLPH," introduced at the meeting of the Board of Commissioners held on August 21, 1989. Resolution Calling for Special Election On motion of Petty, seconded by Davidson, the Board adopted a resolution calling for a special referendum on the $32,000,000 school bonds to be held on November 7, 1989. A copy of this resolution is included by reference. Recess The Board recessed this meeting until 7:00 p.m. on September 6, 1989. September 6, 1989 Recessed Meeting At 7:00 p.m. on September 6, 1989, the Board reconvened its regular September meeting, with all members present, to discuss the water situation at Coleridge School. Engineer's Report Evan Minier, consulting engineer for the Town of Ramseur, gave a report on the different types of pipe that could be installed in a water line from Ramseur to Coleridge School. He stated that Ramseur had passed a resolution agreeing to provide water subject to the following conditions: (1) that the line be constructed by others; (2) that materials and manner of construction meet Ramseur's standards; (3) that the lines be deeded to Ramseur after construction. He said that the line would be approximately 6.2 miles and would connect at a 10" main to Coleridge School with a fire hydrant. Acceptable pipe would be either ductile iron or pvc. Mr. Minier recommended that 8" ductile iron pipe be considered. 9/5/89 Minutes Page 8 Chairman's Report Chairman Frye outlined a plan which he recommended for presentation to the Randolph County Board of Education and the Town of Ramseur on September 11, 1989. The plan was based on costs to install 6.2 miles of 8" ductile iron pipe from Ramseur to Coleridge School. The County would pay $145,680, the difference between the cost for 4" pvc pipe ($351,900) and 8" ductile iron pipe ($497,580). The 4" pvc pipe would provide water to Coleridge School but would not be sufficient for fire protection and no one else could tap on to the line. The 8" ductile iron pipe is a better pipe and would allow fire protection and expansion. If contracts could be negotiated for less than the $497,580, the savings would be passed on to the County Schools. The plan also called for Ramseur to sell water to the County at the rate they currently sell water to the Town of Franklinville ($2.70 per 1,000 gallons used) plus $6.00 per month operation and maintenance charge. The County would then sell the water at out-of-town rates ($3.50 per 1,000 gallons used), with a $12.00 per month operation and maintenance charge plus a $6.00 per month surcharge. These rates, based on 50 hookups, could generate a 15 -year payback on the County's investment in this project. Mr. Frye said that if the County declares this situation to be an emergency, it can bypass the normal bidding process and negotiate prices and delivery time with contractors, thus reducing the cost and time for construction. The Board would also have to determine who would own the lines and what tap on fees would be charged. Engineer's Professional Services Mr. Minier stated that he would provide complete professional engineering services for this project for about $44,000. Special Meeting Set The Board agreed to call a special meeting to take place in the Ramseur Municipal Building immediately following the 7:30 p.m. meeting of the Ramseur Board of Commissioners on September 11, 1989. At that time the County will be able to pursue tonight's proposed plan if it has concurrence from the Randolph County Board of Education and the Town of Ramseur. Motion to Present Plan On motion of Petty, seconded by Comer, the Board agreed to present the County's proposed plan for a water line to the Randolph County Board of Education and to the Town of Ramseur on September 11, 1989. Adjournment On motion of Davidson, seconded by Comer, the Board adjourned.