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070891RANDOLPH COUNTY BOARD OF COMMISSIONERS July 8, 1991 Minutes The Randolph County Board of Commissioners met in regular session at 2:00 p.m. on July 8, 1991 in the Commissioners Meeting Room, County Office Building, 707 McDowell Road, Asheboro. Commissioners Frye, Davidson, Langley and Comer were present. Commissioner Petty was absent. Rev. Bradford Frazier, Farmer Charge, United Methodist Church, gave the invocation. On motion of Langley, seconded by Davidson, the minutes of the June 3, 4, 10, 11, 17 and 24 meetings were approved. Franklinville Fire District Annexation Petition for Whites Memorial Chairman Frye stated that the Whites Memorial area had been taken into either the Franklinville or Climax Fire District through the expansion of four to five miles; therefore, this petition is no longer an agenda item. Appeal of Decision on Petition to Abolish Franklinville Fire District Billy York, Franklinville Fire District resident, introduced Max Ballinger, attorney representing petitioners calling for a referendum to abolish the tax district. Mr. Ballinger stated that the petitioners feel that the petition they turned in had the required 15% signatures and that names should not have been allowed to be removed. He said that after the petition was submitted to the County, someone had kept the Courthouse open past 5:00 p.m. to allow people to come in to remove their names from the petition. 11e asked the Board to reverse their decision on calling for a referendum or allow the petitioners more time to get more signatures based on the total number of 1362. Chairman Frye noted that after the petition was submitted, residents were given equal opportunity to add their names or to remove them. He also noted that the petition was at the County Office Building, not at the Courthouse. County Attorney Ed Gavin stated that case law shows that the North Carolina Supreme Court ruled that signers of a petition were at liberty to withdraw their names until action was taken on it. No case has come up in North Carolina, concerning the adding of names, but a Missouri case ruled they could. He added that he had stated in a public meeting that it seemed logical that names could be added as well as removed. Tax Assessor Billy Chilton explained the process by which petition names were verified. Neil Allen, Emergency Services Director, traced the history of the petition since Billy York had first requested one. Ed Gavin stated that the Board has no authority to call for an election without the 15% signatures and that they must act within the guidelines of the statutes. Chairman Frye stated that unless someone made a motion to reconsider the petition, their earlier decision would stand. He informed Mr. York that he could start a new petition. 7/8/91 Minutes page 2 County Classification Plan Hal Scott, Personnel Director, presented recommended changes to the County Position Classification Plan, to be effective July 1, 1991. On motion of Davidson, seconded by Langley, the Board approved the recommended changes. Public Works Update George McArthur, Public Works Director, summarized recent department activities concerning the landfill and recycling. Request to Reallocate a Public Health Position MiMi Cooper, Public Health Director, requested to reallocate a full-time Public Health Nurse II position that has been vacant for six months by dividing it into two part-time (30 hours a week/75%) positions. One position would be a Data Entry Operator II, Grade 57, to work in Home Health. The other position would be a Public Health Nurse I, Grade 70, to work in the Communicable Disease Clinic. Funding for the current position would be sufficient to cover the two proposed positions. On motion of Davidson, seconded by Comer, the Board approved this request. Annual Settlement Report Billy Chilton, Tai; Assessor, presented the annual settlement reports for taxes and ambulance fees collected during the past year and also presented a preliminary report of unpaid property taxes. On motion of Langley, seconded by Comer, the Board accepted the settlement report. New Law for Tax Commission Ed Gavin, County Attorney, reported that a local bill making changes in the Randolph County Ta-,. Commission has beenenacted by the General Assembly. The new law is effective July 1, 1991, repealing the old law, but a provision in, the new law states that Tax Commission members' appointments will begin December 2, 1991. Mr. Gavin stated that he believes it was the intent of the General Assembly that members be appointed now. He suggested that these terms expire December 2 and that new appointments be made then. On motion of Langley, seconded by Comer, the Board appointed Allen Holt, Charles Teague and Billy Chilton to the Tax Commission, terms expiring December 2, 1991. On motion of Davidson, seconded by Langley, the Board set the Tax Commission's compensation at $75 per month. On motion of Langley, seconded by Comer, the Board set the Tax Commission's regular meeting time at 1:30 p.m. on the first Friday each month. On motion of Davidson, seconded by Langley, the Board appointed Billy Chilton to a four-year term as Tax Assessor and Tax Collector, Request from The Timken Company Chairman Frye stated that when Timken announced its plans to build a new 7/8/91 Minutes page 3 plant in Randolph County, the County Commissioners didn't know exactly what would be requested of them in financing for water lines and railroad spur. Now Timken is asking for written commitment as to what the County will pay for. Mr. Frye submitted a proposed letter to Timken stating that the County will bear the expense for installation of appropriate water and wastewater lines from the Timken property line to their building and installation of a railroad spur line from the existing Norfolk Southern rail to their building. The letter also states that the County will apply for a community development block grant from the State for the erection of a water tank and a water line from the tank to the Timken property line and for a wastewater line from the existing line to the Timken property line. On motion of Langley, seconded by Comer, the Board approved sending this letter to Timken. September Meeting Date On motion of Langley, seconded by Comer, the Board agreed to have their regular September meeting on Tuesday, September 3, due to the Labor Day holiday. Certificate of Achievement for Excellence in Financial Reporting Frank Willis, County Manager/Finance Officer, announced that Randolph County recently received notification from the Government Finance officers Association of the United States and Canada that we had won the Certificate of Achievement for Excellence in Financial Reporting .our our comprehensive annual financial report. Mr. Willis stated that of the counties, cities, school districts, and councils of government eligible to win this award, only 23 cities, 19 counties, and 8 boards of education in North Carolina won it last year. Chairman Frye noted that an Award of Financial Reporting Achievement was also awarded to Frank Willis, the individual designated as primarily responsible for preparing this report. Friendship Cable of North Carolina Alice Dawson, Clerk to the Board, informed the Board that she had not had a reply to the certified letter to Buford Television, parent company of Friendship Cable of North Carolina, that she reported on last month. She recommended that the Board terminate this franchise for failure to comply with the terms of Section 6 of their franchise. Frank Willis suggested that the Board vote twice on this matter, since a franchise ordinance must be voted on twice to be adopted. On motion of Langley, seconded by Comer, the Board voted to repeal the franchise ordinance granted to Friendship Cable of North Carolina. This matter will be voted on again at the August 5 meeting. Sale of Columbia Township Property (Riverside Gun Club Leased Property) Frank Willis advised the Board that the highest bid on the Columbia Township Property currently stands at $28,050. Appointment — Asheboro Planning Board On motion of Davidson, seconded by Langley, the Board appointed Caroline Frye to the Asheboro Planning Board to fill the unexpired term of Margaret Womick, term expiring January, 1992. 7/8/91 Minutes page 4 Resignation - Library Board On motion of Langley, seconded by Comer, the Board accepted the resignation of Ed Gavin from the Library Board. Mr. Gavin had stated that he felt a conflict of interest serving as County Attorney and a member of the Library Board at the same time. Appointment - Industrial Bond Authority On motion of Davidson, seconded by Comer, the Board reappointed Danny Sykes to a six-year term on the Industrial Bond Authority. Rezoning Public Hearing At 4:00 p.m. the Board adjourned to a duly advertised public hearing to consider rezoning requests. Hal Johnson, Zoning Administrator, presented the following requests: 1. The Phillip L. Ryan request has been withdrawn. 2. McDowell, Kearns & Craven of Asheboro is requesting that 80 acres at the intersection of SR 2843/ SR 1002, Richland Township, be rezoned from RA to RM to develop a 90 -lot residential subdivision. The Planning Board unanimously recommended denial of this request because of the proposed high density level's impact the low-density rural nature of the area and the impact of so many wells and septic tanks. Citizen Comment - Request #2 Ren McDowell, applicant, presented a revised request of 40 lots on 69 acres. Eldora Robbins, 1237 Arrowwood Road, Asheboro, presented a petition with 116 names of property owners within a two-mile radius of the requested rezoning. She stated that the petitioners are opposed to any lots smaller than 5acres and that the proposed project would overcrowd Seagrove School. She said that the only access to the property is on a hill and dangerous curve. Mrs. Robbins also noted the extra traffic over a dirt road that this project would generate. Martha Yow, Route 1, Seagrove, stated that she is a bus driver for the County Schools and that she is concerned about bus access and a bus stop at the proposed entrance, which is on a hill and curve. She also spoke against increased traffic. Paul Jones, Route 1, Seagrove, stated that as a Randolph Electric employee, he had worked in many mobile home parks. He said that he had seen how how these parks devalue the properties around them. Pam Joyner, Route 1, Seagrove, stated that in working in Social Services' Child Protective Services Unit, she had visited many mobile home parks and had seen many problems in them. Sue Spencer, Route 1, Seagrove, said that she is Director of Media Services for Randolph County Schools and that if any children are gained at Seagrove School, it would cause overcrowding and mobile classrooms. Susan Bing, Route 1, Seagrove, said that as a bus driver she has been in all the subdivisions mentioned earlier and she has seen problems with children there. She also stated that she is a volunteer fireman for Seagrove and that fire safety would be a problem in the proposed project. 7/8/91 Minutes page 5 Lemuel Yow, adjacent property owner, spoke in opposition to the request. Sharon Caldwell, SR 1002, spoke against increased traffic created by the proposed project. Roger Cagle, Route 1, Seagrove, stated that Ken McDowell has another recently approved mobile home park within four miles of this request that will affect Seagrove School. Thirty to Forty people stood in opposition to this request. Board Action on Request On motion of Comer, seconded by Langley, the Board voted to deny the request of McDowell, Kearns & Craven. The Board recessed until 7:00 p.m. Schematic Design and Cost Estimate for Law Enforcement and Detention Center Bill O'Brien of O'Brien/Atkins gave an overview of their draft schematic design specifications and drawings for the new law enforcement and detention center. Bob Goble of Carter Goble Associates discussed the specific uses for the medical, education, and operations areas. He stated that he does not agree with the alternate housingplanand urged the Board to reconsider the original plan. Ed Watson of Construction Control Corporation stated that the O'Brien/Atkins schematic design book is very good, with excellent detail. He said that often at this point in planning for a new jail, cost figures are 5-10% over budget, but that that is not the case in this instance. The total projected cost at this point is $10,900,000. Chairman Frye asked Mr. O'Brien, Mr. Goble, and Mr. Watson to work toward reducing the overall cost of the project to as close to $10,000,000 as they can get it. The Board set a special meeting for 6:00 p.m. on Tuesday, July 23, 1991, at which time they will adopt the 91-92 budget budget, give the Tax Assessor the charge to collect tares, and make a decision on the schematic design for the law enforcement and detention center. Adjournment On motion of Davidson, seconded by Langley, the Board adjourned.