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120390RANDOLPH COUNTY BOARD OF COMMISSIONERS December 3, 1990 Minutes The Randolph County Board of Commissioners met in regular session at 2:00 p.m. December 3, 1990, in the Commissioners Meeting Room, Randolph County Office Building, 707 McDowell Road, Asheboro. Commissioners Frye, Langley, Davidson, Petty and Comer were present. Invocation was given by Rev. Ray Lambe, Asheboro Friends Meeting. Reorganization of the Board On motion of Langley, seconded by Davidson, the Board reappointed Darrell Frye as Chairman. On motion of Langley, seconded by Comer, the Board appointed Kenyon Davidson as Vice Chairman. On motion of Petty, seconded by Langley, the Board reappointed Alice Dawson as Clerk to the Board. On motion of Langley, seconded by Davidson, the Board reappointed Ed Gavin as County Attorney. On motion of Davidson, seconded by Davidson, the Board reappointed Darrell Frye as PTCOG Delegate. On motion of Langley, seconded by Comer, the Board reappointed Darrell Frye to the High Point Transportation Advisory Committee. On motion of Langley, seconded by Comer, the Board reappointed Kenyon Davidson to the Social Services Board. On motion of Petty, seconded by Langley, the Board appointed Martha Comer to the Mental Health Board. On motion of Davidson, seconded by Comer, the Board reappointed Langley to the Board of Health. Approval of Minutes On motion of Petty, seconded by Langley, the Board approved the minutes of the November 5 and November 20 meetings. Cable TV Franchise Request — Douglas Communications Nat Barfield of Douglas Communications presented a request for a cable television franchise for an area along Highway 64 west of Asheboro. Mr. Barfield said that his company has already strand mapped the area and identified 942 homes along 41 miles of proposed cable. He stated that Douglas Communications plans to put its North Carolina office in Randolph County and that they plan to build systems in Harnet, Wake, Caswell, Rockingham and Randolph Counties if franchises are granted in these counties. He noted that Caswell and Rockingham have already given them a favorable first vote. Alice Dawson, Clerk to the Board, reported that she did not have financial information on the Douglas Communications but that she had requested it. She said December 3, 1990 Minutes Page 2 that she had checked references, which were very good. The Board set a public hearing on this matter for 2:30 p.m. on January 7, 1991. Social Services - After -Hours Compensation for Social Workers Hal Scott, Personnel Director, advised the Board that there appears to be an inequity in the compensation for after-hours compensation between Home Health Nurses and Protective Services Social Workers. Currently Social Workers receive compensatory time off only, while Public Health Nurses receive extra pay based on a policy set by the Commissioners February 1, 1989. Mr. Scott recommended that this policy be amended to include Social Workers performing Child Protective Service duties. Funds are available in the Social Services budget through lapsed salary. On motion of Langley, seconded by Petty, the Board approved after-hours compensatory pay for Protective Services Social Workers to be equivalent to that paid to Public Health Nurses as outlined in the referenced policy, to be effective January 1, 1991. Social Services Personnel Request Marion Smith, Director of Social Services, informed that Board that Randolph Hospital has been requesting an Income Maintenance Caseworker II in the hospital for about 11 years. Social Services has a similar arrangement with the Mental Health Center, who pays the local half of the position. Under the terms of this agreement, Randolph Hospital would pay the local half for a caseworker to work in the hospital. The other half would be paid by federal funds. Social Services would employ, train and supervise the employee. On motion of Petty, seconded by Davidson, the Board approved the allocation of an Income Maintenance Caseworker TI, to be funded 50% through federal funds and 50% through Randolph Hospital and amended the budget to reflect an increase of $11,379 to the Social Services Department. Budget Amendment #14 is included by reference. Proclamation - Volunteers for Fuel Program On motion of Davidson, seconded by Langley, the Board adopted a proclamation in recognition of the volunteers who worked in the recent Fuel Program administered by Social Services. This proclamation is included by reference. Capital Project Ordinances - Asheboro City Schools and Randolph County Schools On motion of Petty, seconded by Langley, the Board adopted capital project ordinances for Asheboro City Schools and for Phase I -Randolph County Schools. These ordinances establish revenues and expenditures for capital projects in accordance with a school bond referendum approved by the voters of Randolph County on November 7, 1989. These ordinances are included by reference. Resolution - Bond Anticipation Note Sale On motion of Langley, seconded by Petty, the Board adopted the following resolution, which was read at length: WHEREAS, the bond order hereinafter described has taken effect, and the Board of Commissioners of the County of Randolph wants to borrow money for the purpose for which bonds are authorized to be issued by that bond order in anticipation of December 3, 1990 Minutes Page 3 the receipt of the proceeds of the sale of those bonds, as hereinafter provided; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Randolph (the "Issuer"), as follows: (1) The sum of $3,900,000 shall be borrowed by the Issuer in anticipation of the receipt of the proceeds of the sale of bonds authorized to be issued by the school bond order adopted by the Board of Commissioners of the Issuer on September 5, 1989 for the purpose for which those bonds are authorized to be issued. Negotiable notes, each designated "School Bond Anticipation Note" (hereinafter referred to as the "Notes"), shall be issued for the sum so borrowed. (2) The Notes shall be dated January 8, 1991, shall mature and be payable April 10, 1991 without option of prior prepayment and shall bear interest from their date at a rate to be determined by the Local Government Commission of North Carolina which shall not exceed twelve per centum (12%) per annum. Interest shall be payable at the maturity of the Notes. Each of the Notes shall be signed by the Chairman and the Clerk of the Board of Commissioners of the Issuer and the seal of the Issuer shall be affixed to each of the Notes. The Notes shall be in form satisfactory to the Chairman and the Clerk of the Board of Commissioners of the Issuer, their execution thereof to be conclusive evidence of their approval. (3) The power to fix the rate of interest to be borne by the Notes (subject to the foregoing) and to determine the denomination or denominations (minimum $100,000) of the Notes and the place of payment of the Notes is hereby delegated to the Chairman and the Clerk of the Board of Commissioners of the Issuer, who are hereby authorized and directed to cause the Notes to be prepared and to execute the Notes when they have been sold by the Local Government Commission of North Carolina. (4) The actions of the employees of the Issuer and the officers of the Board of Commissioners in applying to the Local Government Commission of North Carolina for its approval of the borrowing evidenced by the Notes as required by the Local Government Finance Act is hereby authorized, ratified and confirmed. The Local Government Commission is hereby requested to sell the Notes in the manner prescribed by that Act. The notes, when they have been sold by the Local Government Commission and when they have been executed in the manner prescribed by this resolution, shall be turned over to the State Treasurer of the State of North Carolina for delivery to the purchasers to whom they have been sold by the Local Government Commission. (5) The Issuer covenants to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), to the extent required to preserve the exclusion from gross income of interest on the Notes for federal income tax purposes. (6) The Issuer hereby represents that the Notes are not private activity bonds as defined in the Code. (7) The power to make any election on behalf of the Issuer with respect to the arbitrage rebate provisions of the Code applicable to the Notes is hereby delegated to the Chairman of the Board of Commissioners of the Issuer. (8) The Chairman and the Clerk of the Board of Commissioners and other officers of the Issuer are hereby authorized and directed to execute and deliver for and on behalf of the Issuer any and all financing statements, certificates, documents or other papers and to perform any and all acts they may deem necessary or appropriate in order to carry out the intent of this resolution and the matters herein authorized. Cablevision — New Manager Jim Myers of Cablevision introduced Bert Kennedy, who is the new General Manager for Cablevision of Asheboro. December 3, 1990 Minutes Page 4 Tax Department - Destruction of Records On motion of Petty, seconded by Langley, the Board approved the destruction of ten cubic feet of 1980 listing forms and one cubic foot of 1980 lien sale books. Guil-Rand Fire Department - Overhead Flashers On motion of Davidson, seconded by Petty, the Board adopted a resolution authorizing the Chairman to enter into a contract with the NC Department of Transportation for installation of overhead flashers at both fire departments in the Guil-Rand Fire District. Since the County is acting only as a pass-through agent, a budget amendment is not required. Guil-Rand has already sent the County a check for the cost of installation. The resolution is included by reference. D.O.T. Additions On motion of Petty, seconded by Langley, the Board approved the addition of Farlow Street, Asheton Drive, and SR 1516 Extension (Lamb Country Road) to the State System of Highways. Resolutions included by reference. Bond for Sheriff and Register of Deeds Mr. Willis advised the Board that G.S. 162-8 requires a bond, not to exceed $25,000, for the sheriff and G. S. 161-4 requires a bond, not to exceed $50,000, for the register of deeds, both of which are payable to the State of North Carolina. On motion of Petty, seconded by Comer, the Board set the bond for the sheriff at $25,000 and for the register of deeds at $50,000. These bonds shall remain in effect as long as the individuals currently holding these positions remain in office. Pawnbroker's License On motion of Langley, seconded by Davidson, the Board approved a renewal license for Harry Franklin Chamberlin to operate a pawnbroker business, which shall be valid until December 15, 1991. Citizen Comment - Dog Pound Rebecca Spencer and Brenda Crawford came before the Board to express their concerns over the hours the dog pound is open. They said that people who work first shift cannot adopt a dog because the hours are 8-9 a.m. and 1-2 p.m. They stated that there should be more public awareness of and information on the dog pound and that we should have a leash law and some spaying requirements. Chris Garland, President of the Randolph County Humane Society, stated that the Society is willing to sponsor adoption clinics at the pound. He said that he and MiMi Cooper, Health Director, are meeting to work on this issue. Rezoning Requests - Public Hearing The Board adjourned to a duly advertised public hearing at 4:00 p.m. to consider rezoning requests. Hal Johnson, Zoning Director, presented the following requests after noting that the Burnis Cox request had been withdrawn: 1. Henry Russell, Thomasville, is requesting that 38 acres on SR 1401, Tabernacle Township, be rezoned from RA to RR to develop a site -built subdivision of 8 lots. The Planning Board unanimously recommended approval. December 3, 1990 Minutes Page 5 2. Everette Brim, Asheboro, is requesting .71 acres off Bus. 220, Richland Township, be rezoned from RR to RA/CU to place a single -wide mobile home on the property. The Planning Board unanimously recommended approval. 3. Steve Coleman, Asheboro, is requesting 1.4 acres on the corner of Hwy 64/SR 2713, Franklinville Township, be rezoned from RR to LI/CU to construct and operate a machine shop. The Planning Board unanimously recommended approval. 4. Leo Rabon, High Point, is requesting that 1 acre at SR 1416 and SR 1415, Back Creek Township, be rezoned RA/CU for temporary storage of his construction equipment, to be located behind his proposed residence at this site. The Planning Board voted a 3-3 tie, which is to be considered not to change existing zoning classification. 5. Michael Hurley, Asheboro, is requesting 1 acre on the corner of Hwy 64/SR 3155, Tabernacle Township, be rezoned from RA to HC/CU to construct and operate a motorcycle sales/repair business. The Planning Board unanimously recommended denial of this request. 6. Allen Parrish, Randleman, is requesting 1 acre on Bus 220, Level Cross Township, be rezoned from RA to HC/CU to operate an automotive and utility trailer sales lot. The Planning Board unanimously recommended approval. 7. Timothy Allen, Denton, is requesting 3§ acres on SR 1308, Concord Township, be rezoned from RA to RM/CU to develop a 4 -space mobile home park. The Planning Board unanimously recommended approval. 8. Douglas Smith, Liberty, is requesting that 4 acres on SR 2442, Liberty Township, be rezoned from RA to HC/CU to construct and operate a muffler and automotive body shop. The Planning Board unanimously recommended approval. 9. Charlie Weeks, Franklinville, is requesting 3.1 acres on SR 2141, Franklinville Township, be rezoned from RA to LI/CU to operate an automotive parts and storage yard. Commissioners delayed a decision on this request last month. Citizen Comment - Request 111 Elvin Myers stated that he has no problems with Mr. Russell's request but that he might with other requests. His concern is that the area remain agricultural rural. Janice Pressley requested a list of restrictions given to Mr. Russell. Citizen Comment - Request 112 Everette Brim stated that none of his neighbors are opposed to his request. Citizen Comment - Request 113 Mr. Coleman offered to answer any questions. Citizen Comment - Request 114 Leo Rabon stated that 3 cranes and a tractor will be stored on this site temporarily between jobs and that sometimes it is several months at a time that the equipment is gone to a job site. December 3, 1990 Minutes Page 6 Herman Gerron, neighbor, said that the road to Mr. Rabon's property is narrow, is heavily traveled, and has a dangerous curve near the site. He said that he had presented a petition with 58 signatures opposing the request to the Planning Board meeting. Roland Hinesly, neighbor, opposed the request because of road conditions. Comment - Request #5 Michael Hurley said that he currently has a motorcycle shop in the area and there have been no problems with it. He said he will put in buffers at the new site, will build his house there, works from 9-6, and will have at most 15-20 vehicles there at any given time, all of which will be kept in the building. Archie Rich, neighbor, spoke in support of the request. Junior Hurley, father of the applicant, spoke in support, saying there are several other businesses in the area. Lorene Hurley spoke in support. Tony Hurley, neighbor, spoke in support. Doris Hurley, mother of the applicant, spoke in support. Kathryn Helms, neighbor, presented a petition with 23 names from residents of the subdivision in opposition to the request. She said that the site has been bulldozed and there are no natural buffers left. She expressed concern that it would take years for planted buffers to block the noise and screen the view. Judy Causey, neighbor, said she does not want a motorcycle shop in her front yard. Vincent Loflin, neighbor, said a motorcycle shop would decrease the value of his property. William Swainey opposed the request. Citizen Comment - Request MI6 Allen Parrish stated that he lives near the site in question. Citizen Comment - Request #7 Les Allen, brother of the applicant, spoke in support and said he knows of no opposition. Citizen Comment - Request #8 Douglas Smith stated that he knows of no opposition. Citizen Comment - Request #9 Ed Peters said that Mr. Weeks is crushing cars on the site. Worth Pugh said the neighborhood does not want a junkyard there. Board Action on Rezoning Requests On motion of Petty, seconded by Langley, the Board approved the request of Henry Russell. December 3, 1990 Minutes Page 7 On motion of Langley, seconded by Davidson, the Board approved the request of Everette Brim. On motion of Davidson, seconded by Petty, the Board approved the request of Mr. Coleman. On motion of Petty, seconded by Davidson, the Board approved the request of Leo Rabon, with the condition that he erect an eight -foot fence around the storage area. On motion of Petty, seconded by Langley, the Board approved the request of Michael Hurley, with the conditions that he have the required buffers, have no outside storage, and confine hours of operation from 9 a.m. to 6 p.m. On motion of Petty, seconded by Comer, the Board approved the request of Allen Parrish. On motion of Davidson, seconded by Langley, the Board approved the request of Timothy Allen. On motion of Langley, seconded by Petty, the Board approved the request of Douglas Smith. On motion of Langley, seconded by Petty, the Board denied the request of Charlie Weeks. Zoning Amendments - Land Application of Septage Hal Johnson reviewed proposed zoning amendments introduced at the November 5 meeting. Haulers present at that meeting that said that the proposed setbacks were too stringent, being twice the state requirements. He said that a special use permit would require notification of adjoining property owners and allow local input before someone could obtain a state permit for land application of septage. On motion of Davidson, seconded by Petty, the Board approved amendments to the Randolph County Unified Development Ordinance which requires a special use permit for septage land application sites, uses state requirements for setback guidelines, and excludes watersheds from septage land application sites. A copy of the detailed amendments is included by reference. The Board directed Mr. Johnson to write a letter to the State about their lack of notification to local governments when issuing permits that affect local governments and local citizens, such as septage land application permits and contaminated petroleum soil disposal permits. Solid Waste Management Ordinance On motion of Langley, seconded by Petty, the Board adopted the Solid Waste Management Ordinance proposed by George McArthur, Public Works Director. Section XI states that all ordinances of the County of Randolph in conflict with the provisions of this ordinance are repealed. The Solid Waste Container Ordinance adopted November 1, 1985 is in conflict with this new ordinance; therefore, it is repealed. The Solid Waste Management Ordinance is included by reference. Tipping Fee Schedule for Landfill and Dumpsters December 3, 1990 Minutes Page 8 On motion of Petty, seconded by Langley, the Board adopted a tipping fee schedule for users of the landfill and the dumpsters. A copy of the schedule is included by reference. Solid Waste Logo Mr. McArthur presented the new solid waste logo developed by the Solid Waste Steering Committee. JTPA Private Industry Council Chairman Frye presented the name of Jim Campbell of Sew Special to be considered for appointment to the JTPA Private Industry Council by the Governor. Appointments - Board of Health On motion of Langley, seconded by Petty, the Board reappointed Virginia Gavin, Jim Cole, and Bob Trogdon to the Board of Health for a three-year term. On motion of Petty, seconded by Davidson, the Board appointed Dr. Michael Loomis, D.M.V., to the Board of Health to fill the unexpired term of Dr. William Torgerson. Appointment - Tax Commission On motion of Langley, seconded by Davidson, the Board reappointed Charles Teague to a three-year term on the Tax Commission. Appointments - County Planning & Zoning Board On motion of Petty, seconded by Langley, the Board reappointed Lyndon Craven and Bill Dorsett to three-year terms on the County Planning & Zoning Board. Appointments - Sophia Firemen's Relief Fund Board of Trustees On motion of Davidson, seconded by Petty, the Board appointed Elmer Beeson and Wayne Loflin to the Sophia Firemen's Relief Fund Board of Trustees. Adjournment On motion of Davidson, seconded by Langley, the Board adjourned.