050205May 2, 2005
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, Kemp, Frye, Davis, and Lanier were present. Kim Newsom, County Personnel
Director, gave the invocation and everyone recited the Pledge of Allegiance.
Presentation of Outstanding County Program Award
Ed Wooters, Director of Member Services with the North Carolina Association of County
Commissioners (NCACC), announced that Randolph County's "Property Development Assistance for
Non -Professionals" program has won an Outstanding County Program Award. Mr. Wooters presented the
award to Chairman Holmes, who called on County Planning Director Hal Johnson to give a brief
explanation of the program. Mr. Johnson recognized members of the Property Development Advisory
Team who were in attendance. Mr. Wooters also introduced Michelle Love, Marketing Representative
with the NCACC.
Introduction of New County Schools Superintendent
Dr. Bob McRae, retiring Randolph County Schools Superintendent, introduced his successor, Donald
Andrews. Mr. Andrews thanked the Board for the opportunity to formally introduce himself.
Consent Agenda
On motion of Davis, seconded by Kemp, the Board voted unanimously to approve the Consent
Agenda, as follows:
• approve minutes of 414105 Regular and Closed Sessions and 4111105 special meeting;
• appoint Rodney Moody (moving from alternate to permanent member status), Ellen Linthicum and
Judy Kirkman as alternate members to the Randleman Planning Board
• appoint Betty McNees to the Adult Care Home Advisory Committee.
Additions to Agenda
Chairman Holmes added New Business Item L. Adopt Resolution Approving Financing by Westside
Fire Department of up to $800,000 for a New Fire Station and Budget Amendment Item H. Video Poker
Settlement.
Sheriffs Report on Criminal Interdiction Team
Sheriff Litchard Hurley reminded the Board that the Commissioners approved the expenditure of
$255,293 in law enforcement restricted monies in January 2004 to start a special drug enforcement unit.
Three new officers were hired and placed under the supervision of a veteran officer already on staff He
said that the Commissioners told him that before the Board would agree to fund the cost of the special
unit for a second year that the Sheriff would have to report back to the Board regarding the effectiveness
of the unit. Sheriff Hurley said that the team has taken over $4 million worth of drugs off the street. They
have seized 4 vehicles, $83,000 in shoplifted property, $114,106 in stolen property, and $571,635 in cash.
The Team has made a total of 130 arrests, including felony drug-related charges and various traffic and
misdemeanor charges. They answered 110 calls and assisted 134 motorists and other various law
enforcement teams and agencies. He said that his department would be able to get back a good portion of
the seized cash after the State and Federal governments and the SBI retain their due portions according to
Federal law. Sheriff Hurley told the Board that the money could be used to start new programs and to buy
needed equipment and weapons.
Request to Approve Justice Assistance Grant Application and to Set Public Hearing Date
Major Allen McNeill told the Board that he became aware on March 29, 2005 that Randolph County
had been awarded a Grant for $11,485.00 from the Bureau of Justice Assistance. However, the deadline
for application to receive the funds was March 31, 2005. He said that he discovered that Local Law
Enforcement Block Grants had been renamed to Justice Assistance Grants (JAG), and that under the new
grant guidelines we were pre -approved for $11,485.00. He said that he was able to complete the
application process by March 31, 2005 and that he advised JAG of the late nature of our discovering the
grant. Stipulations for applying for the grant are "notification to the governing body at least 30 days
before the application was submitted, and that the governing body provide assurance that the application
or any future amendment was made public and an opportunity to comment was provided to citizens and to
neighborhood or community organizations to the extent applicable law or established procedure makes
such an opportunity available." He said that he made it clear in the grant application that we would be
complying with the stipulations "after the fact" of application due to our late discovery of the award. It is
unclear at this time whether the award will be forthcoming. He said that the Sheriff's Department plans to
use the funds to purchase another canine and associated equipment and pay for canine training. And, there
is no local match required. If the Board is agreeable to receiving this grant he asked the Commissioners to
set a public hearing on the matter at their June regular meeting, after which the Board could approve the
application.
On motion of Davis, seconded by Frye, the Board voted unanimously to set 4: 30 p.m. on June 6, 2005
for a public hearing to receive public comment on the Justice Assistance Grant Application in the amount
of $11, 485 from the Bureau of Justice Assistance.
Award Contract for Repairs to Transfer Station
David Townsend, III, County Public Works Director, said that Randolph County opened its transfer
station at the solid waste facility in December of 1997. In the past 6'/z years we have encountered some
wear and tear on the existing steel plated wall around the perimeter of the tipping floor, which needs to be
repaired. He said that he contacted three different companies for prices for these repairs. K -M Welding's
(of Biscoe) bid was $17,500 and Leake Associates in Charlotte submitted a bid of $22,000. Thomas
Coward of Asheboro had no bid due to the size of the job. Mr. Townsend said that he talked to a
representative of the low bidder, K -M Welding, who said that they could come in and make the repairs
during our "down time" at the transfer station, since we cannot close the facility. The repairs will include
cutting the existing front wall down by approximately 18 inches, re -plating it with 3/8" steel across the
entire front of the tipping wall, and also repairing some previous damage to the side walls. All this work
is included in the $17,500 bid quote. Public Works has funds available in its budget to accomplish the
repairs.
On motion of Kemp, seconded by Davis, the Board voted unanimously to award the contract to K M
Welding of Biscoe in the amount of $17, 500 for repairs at the Transfer Station.
Request from Christians United Outreach Center (CUOC) and the Randolph County Housing
Coalition
Jerry Hill, Director of CUOC, asked the County to lease a County -owned building (house located at
323 Cox Street, Asheboro) that was previously used by Randolph County Mental Health Center personnel
to CUOC to house a new program called Room In The Inn (RITI). This program was started in the fall of
2004 by CUOC and the Randolph County Housing Coalition. RITI offers a safe, warm place for the
homeless to stay during the cold winter months. Area churches housed and operated RITI during this past
winter but the program needs a permanent place. Mr. Hill mentioned that the County had charged a rental
rate of $1.00 per year to Mental Health and asked the Board to consider a similar amount for RITI.
Dr. Ann Suggs also spoke in support of this request.
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County Manager Frank Willis said that the building was not physically suitable for use by any County
department.
On motion of Frye, seconded by Lanier, the Board unanimously voiced their support of the Room In
The Inn Program and directed County legal staff to investigate the appropriate legal options to facilitate
the means by which a County -owned building can be leased by a program such as Room In The Inn and
report this information back to the Board.
Approval of Applications for School (ADM) Grants
Will Massie, Deputy Finance Officer, said that the County's debt service requirements on certain
school -related debt is being partially financed through grant funds available from the State Public School
Building Capital Fund (ADM). This revenue was already included in the 2004-05 General Fund budget
to offset the related principal and interest costs. In 1995, the County issued certificates of participation for
three new elementary schools, a bus garage, and renovations to high schools. In February 2003, the
County purchased the former Sir Robert Motel property for the Asheboro City Schools through an
installment purchase agreement. The amount of grant funds requested for the Randolph County Schools
and Asheboro City Schools is $1,100,000 and $179,077, respectively, to reimburse the County for
principal and interest payments on this debt. Both Boards of Education have approved the project
applications for 2004-05 debt service. The application also requires the approval of the Board of
Commissioners. Mr. Massie asked the Board to approve the project application to reimburse the County
for the 2004-05 debt service on the school debt.
On motion of Frye, seconded by Davis, the Board voted unanimously to approve applications for both
the City and County Schools systems for Public School Building Capital Fund (ADM) grants.
Adoption of Proclamation for Emergency Response Workers Day
On motion of Davis, seconded by Kemp, the Board voted unanimously to approve the following
proclamation:
Whereas, Randolph County has in place comprehensive emergency response programs with highly trained and
skilled personnel; and
Whereas, these emergency response workers deliver critical public protection services that Randolph County
citizens rely on daily; and
Whereas, the American Legion Post 45 ofAsheboro has determined that these individuals should be recognized
and appreciated for the great work that they do; and
Whereas, the American Legion Post 45 and First National Bank are sponsoring an awards ceremony on June
7, 2005, in order to recognize an Outstanding EMT, Fireman, and Policeman of the Year;
Now, Therefore, the Randolph County Board of Commissioners do hereby proclaim June 7, 2005, as
Emergency Response Workers Day in Randolph County and call upon all our citizens to join us in recognizing and
appreciating these individuals.
(Note: Frank Rose was not present at the time the Board adopted this proclamation, but Mr. Rose
came in later in the meeting and spoke in support of all the County's emergency and law enforcement
workers and thanked the Board for their support. He said that First National Bank and Post 45 American
Legion have joined together to recognize these men and women, and they hope that this effort will take
hold nationwide.)
Discussion of Proposed Handy Sanitary District
The Board discussed the need for a future county water system and expressed interest in a proposal
brought to the Board by Handy Sanitary District at their April 2005 meeting that could potentially provide
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water to residents in the southwestern part of Randolph County. However, many issues remain
unanswered and Commissioner Frye suggested the establishment of an interim advisory board to study
the legal, engineering and financial feasibility of such a project.
On motion of Lanier, seconded by Frye, the Board voted unanimously to establish an advisory board
to work with Handy Sanitary District personnel regarding the feasibility of establishing a water district in
the southwestern part of Randolph County and that the Commissioners will recommend potential
members of the advisory board to be appointed at the June, 2005 Commissioners meeting.
Adopt 2004-2005 Budget Meeting Schedule
On motion of Frye, seconded by Davis, the Board voted unanimously to set the following dates for their
budget sessions: June 6 (4:00 p.m.), June 7 (5:00 p.m.), June 13 (5:30 p.m.), June 20 (2:00 p.m.), and
June 27 (6: 00 p.m.) including a public hearing on the budget at 7: 00 p.m. on June 20.
Set July Meeting Date
On motion of Davis, seconded by Kemp, the Board voted unanimously to set July 11, 4:00 p. m. as the
date and time of the July regular meeting due to the Independence Day holiday conflict on the first
Monday of July.
Adopt Resolution Approving Financing by Westside Volunteer Fire Department Of Up to $800,000
for a New Fire Station
Rusty Turner, representing Westside Fire Department, asked the Board to adopt a resolution to fulfill
required steps to obtain tax-exempt financing for a new sub station to be built near the intersection of Old
Hwy 49 and Lassiter Mill Road on property already owned by Westside.
On motion of Frye, seconded by Davis, the Board voted unanimously to adopt the following
resolution:
WHEREAS, Westside Volunteer Fire Department has determined to finance an amount of up to $800, 000 for a
new fire station; and the United States Internal Revenue Code requires that for such financing to be carried out on
a tax-exempt basis, this Board must first approve the financing; and
WHEREAS, the Fire Department has held a public hearing on the financing after published notice, as
required by the Code; and the Fire Department has reported the proceedings of the hearing to this Board;
NOW, THEREFORE, BE IT RESOLVED by the Randolph County Board of Commissioners that:
1. The County approves the Fire Department's entering into the financing, as required under the Code for the
financing to be carried out on a tax-exempt basis. The Fire Department's conduct of the required public hearing is
approved.
2. Nothing contained or set out herein should be construed as obligating the County in any manner as a
guarantor ofany indebtedness whatsoever.
3. The County is not obligated nor legally or equitably responsible for the payment of or the security of any
debt incurred by the Fire Department, nor does the County pledge any of its full faith and credit nor does it in any
manner make this resolution to induce any party to lend monies or otherwise finance the Fire Department.
Budget Amendment—Aging Services
Candie Rudzinski, Randolph County Senior Adults Center Director, told the Board that on March 8,
2005, the Randolph County Aging Services Planning Committee (ASPC) met and approved revisions to
the FY 04-05 Home & Community Care Block Grant (HCCBG) that resulted in a net decrease of $35,902
in the Randolph County allocation for this fiscal year. One of the main reasons for the release of these
funds concerns the transfer of funding for in-home aide services from the Dept. of Social Services (DSS)
to Regional Consolidated Services (RCS). RCS was not able to assimilate all of the monies released to
them by DSS, which basically doubled their budget for the current fiscal year. A written plan has been
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submitted to the ASPC for how these funds will be spent in the upcoming fiscal year. The redistribution
of these funds follows:
Agency
Program
Decrease Increase
RCS
In -Home Aide 1,2,3
$47,322
CrossRoads
Group Respite
$1,200
RCSAA
General Transportation
$10,220
Total:
$47,322 $11,440
On motion of Frye, seconded by Kemp, the Board voted unanimously to approve form DOA -731, as
revised and to approve General Fund Budget Amendment #40, as follows:
2004-2005 Budget Ordinance General Fund Amendment #40
Revenues
Increase
Decrease>
Restricted Intergovernmental
$56,029
$35,902
Appropriations
Increase
Decrease
Other Human Services Appropriations
$56,029
$35,902
Budget Amendment—Social Services (DSS)
Will Massie said that DSS recently received $5,094 for their Progress Energy Project Share program
and $50,935 for the Crisis Intervention program. Both programs are 100% reimbursable.
On motion of Davis, seconded by Kemp, the Board voted unanimously to approve Budget Amendment
#41, as follows:
2004-2005 Budget Ordinance General FundAmendment #41
Revenues
Increase
Decrease,
Restricted Intergovernmental
$56,029
Appropriations
Increase
Decrease
Social Services
$56,029
Budget Amendment—Public Health
Will Massie said that the Health Department recently received $2,063 for additional medical supplies
for Family Planning.
On motion of Frye, seconded by Davis, the Board voted unanimously to approve Budget Amendment
#42, as follows:
2004-2005 Budget Ordinance General Fund Amendment #42
Revenues
Increase
Decrease'
Restricted Intergovernmental
$2,063
Appropriations
Increase
Decrease'
Public Health
$2,063
Budget Amendment—Day Reporting Center (DRC)
Will Massie said that the Criminal Justice Partnership Program has approved an allocation of
discretionary funding for current year expenses for the Adult Day Reporting Center. They have approved
$8,750 in funds for the Randolph County program. The DRC requested these funds in order to assist with
the high cost of client transportation and to provide substance abuse services. Also, Sandhills Center for
Mental Health has contracted with the DRC for Substance Abuse Counseling Classes. Sandhills Center
will pay for services up to $10,000. A budget amendment is needed.
On motion of Kemp, seconded by Davis, the Board voted unanimously to approve Budget Amendment
#43, as follows:
2004-2005 Budget Ordinance General Fund Amendment #43
Revenues '>
Increase
Decrease>
Restricted Intergovernmental
$8,750
Miscellaneous
$10,000
Decrease
Appropriations
Increase
Decrease»
Day Reporting Center
$18,750
Budget Amendment—County Attorney Retainer
Will Massie said that in August 2004, the Board of County Commissioners reappointed Alan Pugh as
County Attorney at an annual retainer fee of $17,500. This fee was not in the original budget and no
amendment has been approved as yet to add this cost to the Administration budget.
On motion of Frye, seconded by Kemp, the Board voted unanimously to approve Budget Amendment
#44, as follows:
2004-2005 Budget Ordinance General Fund Amendment #44
Revenues
Increase
Decrease>
Appropriated Fund Balance
$17,500
Appropriations
Increase
Decrease
Administration
$17,500
Budget Amendment—Board of Commissioners Travel
Will Massie said that in July 2005, three County Commissioners will be attending the annual
conference of the National Association of Counties. Costs for this conference were not included in the
original Governing Body budget and an amendment is needed to reimburse the cost of registration, hotels,
airline tickets, etc.
On motion of Frye, seconded by Davis, the Board voted unanimously to approve Budget Amendment
#45, as follows:
Appropriated Fund Balance 1 $6,700
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Appropriations Increase Decrease
Governing Body $6,700
Budget Amendment—Video Poker Litigation Settlement
Will Massie said that in the past month, Randolph County has settled litigation regarding the issue of
video poker machines operated by Heath Cigarette and Amusement Service, Inc. As a result of this
settlement, the County will receive $500,000 as restitution. The County will be responsible for disbursing
its share of legal costs and a reimbursement to NC Alcohol Law Enforcement in the following amounts:
NCALE $ 7,403.00
Nexsen Pruet (law firm) $164,199.00
Gavin, Cox, Pugh & Wilhoit $ 16,666.66
In addition, the County expects to receive $27,529 in confiscated funds. Upon receipt, Nexsen Pruet will
be entitled to another payment of $9,176.33 in accordance with our representation agreement. The net
proceeds from this matter will be used to reduce the level of Appropriated Fund Balance.
On motion of Davis, seconded by Kemp, the Board voted unanimously to approve Budget Amendment
#46, as follows:
2004-2005 Budget Ordinance General Fund Amendment #46
Revenues
Increase
Decrease
Miscellaneous
$527,529
Appropriated Fund Balance
$1,819
$330,084
Appropriations
Increase
Decrease'
Administration
$197,445
Budget Amendment—Merit Increases
Kim Newsom, Personnel Director, said that merit pay increases for FY 04-05 totaled $49,418,
including fringe benefit costs. He asked that the Board transfer $49,418 of merit money budgeted in the
Administration Dept. budget to the appropriate departments via budget amendment.
On motion of Frye, seconded by Davis, the Board voted unanimously to approve Budget Amendment
#47, as follows:
2004-2005 Budget Ordinance General FundAmendment #47
Appropriations
Increase
Decrease
Administration
$2,713
Computer Services
$1,819
Tax
$4,122
Register of Deeds
$527
Maintenance
$798
Sheriff & Jail
$10,930
Emergency Services
$4,641
Building Inspections
$1,337
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Planning & Zoning
$1,716
Health
$4,942
Cooperative Ext. Svcs.
$1,081
Social Services
$11,639
Library
$2,193
Public Works
$960
Administration
$49,418
Closed Session—Acquisition of Real Property
On motion of Frye, seconded by Kemp, the Board voted unanimously at 5:50 p.m. to go into closed
session to establish or instruct the staff or agent concerning the negotiation of the price and terms of a
contract concerning the acquisition of real property, pursuant to NCGS 143-318.11(a) (5).
At 6:25 p.m., the Board returned to regular session.
Rezoning Public Hearing
OLD BUSINESS:
1. At 6:35 p.m., Hal Johnson, County Planning Director updated the Board on the Roger & Christina
Brown zoning violation case. He reminded the Board that on January 3, 2005, the Commissioners heard a
request by the County Planning Department, as required by County ordinance, to rezone 1 acre (out of
14.45 acres) located at 1150 Pleasant Ridge Rd., Columbia Township, from Highway
Commercial/Conditional Use to Residential Agricultural. The County Commissioners, at their January 3,
2005 rezoning public hearing postponed their decision until the April 4, 2005 meeting, to give the Browns
the opportunity to comply with all conditions of their original rezoning. At the April 4, 2005 meeting, Mr.
Brown still had not fully complied and the Board delayed their decision until the May 2, 2005 meeting to
give Mr. Brown one final opportunity to comply.
Mr. Johnson reported on May 2, 2005 that since Mr. Brown was now in full compliance the Planning
Department has withdrawn their request for rezoning.
2. MCDOWELL LUMBER COMPANY, Asheboro, North Carolina, is requesting that 30 acres (out of
120.30 acres) located at 2473 Falling Oak Road, Concord Township, be rezoned from Light Industrial and
Residential Agricultural to Heavy Industrial/Conditional Use. Tax ID# 7619762602. The Conditional Use
Zoning District would specifically allow a sawmill operation for lumber and pallets as per site plan and
restrictions on file in the County Planning Department. The Planning Board considered this request at
public meeting on January 4, 2005, and recommended, by a vote of 3 to 2, that this request be approved.
Mr. Johnson gave the following summary of this request:
The County Commissioners concluded the Public Hearing portion of this request at their February 7,
2005 meeting. The Commissioners continued their discussion of this request until the May 2, 2005
meeting in order to consider additional options and conditions that may improve the buffer as it relates to
dust, noise, and aesthetics. In 1987, the County contracted with the Piedmont Triad Council of
Governments to develop the first Countywide zoning maps. In 1987, the County did not have the
extensive GIS and land records technology that is used by the County today. The only geographic
information available at that time was aerial photography taken in 1982. These photos did not show
property lines, and at that time the lumberyard appeared to be zoned properly. The Zoning map
established in 1987 appeared to have recognized the lumber business as an existing use, and zoned the
entire property for the operation. As our technology improved, and other information became available,
we learned that half the property being used by the existing business was zoned Residential Agricultural.
That portion of the property located outside of the Industrial Zoning District is clearly shown on a 1987
aerial photograph as being used for lumber business operations. Permits issued were to allow
continuation of activities normally associated with a lumberyard business. The request before the Board
now is to rezone 30 acres out of a 120 -acre tract from Light Industrial and Residential Agricultural to
Heavy Industrial -Conditional Use. This would make the zoning of the entire 30 acres consistent. The
Heavy Industrial -Conditional Use Zoning is also an opportunity for the County to require the landowner
to agree to special conditions and safeguards that would not normally be required. The County Zoning
Ordinance and Growth Management Plan provides, under certain circumstances, that the County
Commissioners can consider allowing large scale industrial uses in rural areas where, with proper
protections and buffers, the County would be allowed to balance preservation of rural areas with the
protection of jobs and economic growth. When the new County Growth Management Plan and Zoning
Ordinance were approved in 2002, they created a new Industrial Overlay District where the extensive use
of buffers and safeguards can lessen substantial adverse impacts to adjoining properties. The Industrial
Overlay District is designed for new development that may be proposed in a Rural Growth Area (to
provide flexibility in job protection and economic growth). The Heavy Industrial -Conditional Use
request for this existing development applies the same extensive buffering standards that would be
necessary for a new Industrial Overlay District. In addition to the special conditions agreed to by the
applicant at the February 7 Commissioners meeting, the following special buffers and enhancements have
been completed that relate to dust reduction, noise reduction, and aesthetics: (if approved by the Board of
Commissioners, these Conditions would be made part of the Conditional Use Rezoning and must be
maintained by the applicant)
1. Extensive insulation of pallet warehouse.
2. 16 ft. high solid fence enclosing pallet dryer.
3. Redirection and containment of dust bin particles into enclosed building.
County Attorney Alan Pugh asked the applicant's attorney, Ben Morgan, if Mr. McDowell is now
requesting that these new 3 conditions (listed above) be made part of the conditional use permit. Mr.
Morgan said that Mr. McDowell is now asking that these conditions be made part of the request.
Mr. Pugh also mentioned that the County has been named as a defendant in a lawsuit brought by
neighbors of McDowell Lumber Company; this lawsuit has been filed and served but the County has not
yet filed an answer to the lawsuit.
On motion by Lanier, seconded by Kemp, the Board voted unanimously to approve the request of
McDowell Lumber Company, with the newly added conditions (listed above).
NEW BUSINESS: The Board adjourned to a duly advertised public hearing to consider rezoning
requests. Hal Johnson, Planning & Zoning Director, presented the following requests, and Chairman
Holmes opened the public hearing for comments on each request and closed it before taking action on the
requests.
1. Q. D. FARLOW, Archdale, North Carolina, is requesting that 4.59 acres (out of 7.04 acres) located
on Ramblewood Road, Back Creek Township, be rezoned from RA to CVOE-CU. Secondary Growth
Area. Tax ID# 7725905334. The proposed Conditional Use Zoning District would specifically allow the
development of a 5 -lot residential subdivision for site -built homes only with a minimum house size of
1,600 heated sq. ft. The Planning Board considered this request at public meeting on April 5, 2005, and
recommended, unanimously, that this request be approved.
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Charles Morgan, surveyor, spoke in support of this request.
On motion of Frye, seconded by Davis, the Board voted unanimously to approve the request of Q. D.
Farlow.
2. FRANK LAMB, Seagrove, North Carolina, is requesting that 4.06 acres located on Hwy 134 South
(south of Williams Farm Road/Hwy 1345), Union Township, be rezoned from RA to CVOM-CU.
Secondary Growth Area. Tax ID# 7656271888 and 7656271750. The proposed Conditional Use Zoning
District would specifically allow a 4 -lot residential subdivision for manufactured homes. The Planning
Board considered this request at public meeting on April 5, 2005, and recommended, unanimously, that
this request be approved.
Frank Lamb, applicant, spoke in favor of his request. He said that by his grandson living in one of
the mobile homes on the property he hopes it will deter some of the illegal dumping that is occurring.
On motion of Lanier, seconded by Davis, the Board voted unanimously to approve the request of
Frank Lamb.
Adiournment
There being no further business, the meeting adjourned at 7:08 p.m.
J. Harold Holmes, Chairman Darrell L. Frye
Phil Kemp
Arnold Lanier
Robert B. Davis
Cheryl A. Ivey, Deputy Clerk to the Board
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