080105August 1, 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, Lanier, Frye, and Lanier were present; Commissioner Davis came in later and is
so noted in these minutes. Rev. John Gullett, Bread of Life World Christian Center, Asheboro, gave the
invocation and everyone recited the Pledge of Allegiance.
Recognition of Retiree
MiMi Cooper, Public Health Director, recognized Rosa Butler, who is retiring from the Health
Department with 23 years of service, and Chairman Holmes presented an engraved clock to her.
Introduction of New Archdale Library Branch Manager
Richard Wells, Public Library Director, introduced George Taylor, new Archdale library branch
manager.
Public Comment Period
Chairman Holmes announced that pursuant to N.C.G.S.§ 153A-52.1, County boards of commissioners
must hold a public comment period at their regular meeting each month. The Board discussed the future
time of this period and proposed rules of procedure.
On motion of Frye, seconded by Kemp, the Board voted unanimously to hold the public comment
period at the beginning of each regular monthly meeting and adopted the following rules of procedure:
The public comment period will be limited to 15 minutes at the beginning of each regular
monthly meeting; if more time is required it will be at the discretion of the Board. Each
speaker must give his/her name both orally and in writing before speaking. Speakers will be
limited to 3 minutes. Comments are to be directed to the Board as a whole and not to one
individual commissioner. Response, discussion or action concerning issues raised during the
public input session will be at the discretion of the Board. Speakers will be courteous in their
language and presentation. Speakers should not discuss matters which concern the candidacy
of any person seeking public office or matters in current or anticipated litigation.
At 4:20 p.m., Chairman Holmes opened the floor for public comment.
Phillip Wall said that he was there to hear the road closing item scheduled for 5:00 p.m. because he is
interested in getting a portion of Wall Brothers Road abandoned.
Chairman Holmes told Mr. Wall that D.O.T. representatives told him at a meeting held on July 281h
that Wall Brothers Road would not be closed because it is a thru road.
Mr. Wall said that it was a mistake to keep this road open because of all the illegal trash dumping,
shooting, and loitering.
Chairman Holmes closed the public comment period.
Consent Agenda
On motion of Kemp, seconded by Frye, the Board voted unanimously to approve the Consent Agenda,
as follows:
• approve minutes of the July 11, 2005 meeting;
• reappoint Frank Willis, Rodney Trogdon, Tom Sullivan, Tim Poole, Talmadge Baker to the Criminal
Justice Partnership Advisory Committee
• approve D. O. T. resolution adding Cedar Run Drive to the State roads system, as follows:
WHEREAS, the Department of Transportation has investigated 0.44 mile Cedar Run Drive in the Cedar
Run 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 0.44
mile Cedar Run Drive in the Cedar Run Subdivision be added to the Division of Highways' Secondary Road
System.
National Incident Management System Overview
Neil Allen, Emergency Services Director, and Aimee Scotton, Associate County Attorney, briefed the
Board about Homeland Security Presidential Directive #5, which directs the Secretary of Homeland
Security to establish and administer a National Incident Management System (NIMS) to serve as the
preferred method of achieving such coordination in the event of an emergency situation. NIMS enhances
the handling of domestic incidents by establishing a single, comprehensive system for incident
management. It will help achieve greater cooperation among departments and agencies at all levels of
government to prepare for, prevent, respond to and recover from domestic incidents, regardless of cause,
size or complexity. In addition, NIMS defines training and response standards for all levels, local, state
and national, as well as for all agencies that may be involved in responding to an emergency, whether or
not they are government agencies. In order for NIMS to work, there has to be a "buy in" at all levels from
all involved agencies. In other words, federal, state and local governments, as well as fire departments,
rescue agencies, and any other entity involved in emergency management, will all need to adopt NIMS as
their incident management system and will need to commit to putting the system into place. In order to
insure cooperation at all levels, NIMS participation is being tied to grant monies and to FEMA funds.
Ms. Scotton said that they are in the process of drafting an ordinance that will adopt NIMS as Randolph
County's incident management system (thereby insuring our eligibility to receive grants and FEMA funds
in the future). Ms. Scotton said that the Board of Commissioners will have to have some level of training.
She expects to present this ordinance at the Board's September meeting.
Commissioner Davis entered the meeting at this time.
The Board also asked Mr. Allen and Ms. Scotton to research the legalities of Randolph County's
jurisdiction issues regarding emergency management situations within municipal limits.
Bid Award for Mobile Generator Purchase
Neil Allen, EMS Director, requested approval of purchase for a mobile 40kw generator, mounted on a
tandem axle trailer. It will be used during times of severe weather to power necessary public shelters and
may also be used as backup to existing generators at the 911 Center, Dave's Mountain public safety
communications point and the various departments of local government. Mr. Allen said that funds are
available in the current budget for this purchase. The following informal bids were solicited and obtained:
Piedmont Generator
$17,989
Carolina Generators
$20,451
Pointer Electric Supply
No Bid
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Mr. Allen recommended that the bid be awarded to the low bidder, Piedmont Generator.
On motion of Lanier, seconded by Davis, the Board voted unanimously to award the bid for a mobile
generator to Piedmont Generator for $17,989.
Public Hearing on Closing of an Unnamed Public Road and a Portion of Bethel Park Drive/Davis
Avenue; Adoption of Order
Aimee Scotton, Associate County Attorney, reminded the Board that 84 Lumber has requested that
the Randolph County Board of Commissioners act to permanently close an unnamed public road and to
permanently close a portion of Bethel Park Drive/Davis Avenue. On July 11, 2005 the Board took the
first step in closing these roads by adopting a resolution declaring intent to do so and setting a public
hearing on the question for 5:00 p.m. on August 1, 2005. Notices of this public hearing were published,
mailed and posted in accordance with N.C. General Statutes. She said that after the public hearing, if the
Board of Commissioners is satisfied that closing these roads will not be detrimental to the public interest
and will not deprive any individual of access to his property, the Board may adopt an order closing these
roads. A certified copy of this order will then be filed with the Register of Deeds Office, and the
unnamed road and the affected portion of Bethel Park Drive/Davis Avenue will be officially closed.
Chairman Holmes opened the duly advertised public hearing. No one spoke.
On motion of Frye, seconded by Davis, the Board voted unanimously to adopt the following order:
WHEREAS, the Randolph County Board of Commissioners received a request from 84 Lumber Company,
Pierce Hardy Limited Partnership to permanently close the following section of Bethel Park Drive/Davis Avenue:
From where it is bordered by Tract "C" of the R.L. Honbarrier property (approximately 267 feet from its
intersection with Bethel Drive Extension) to its intersection with an unnamed public road, as depicted in
survey entitled "Property of R.L. Honbarrier" and recorded in Book ofMaps 1122, Page 834, Randolph
County Registry,
and to permanently close an unnamed public road that connects Bolivar Avenue to a service road that runs parallel
with U.S. Highway 29 & 70, as depicted in survey entitled "Property of R.L. Honbarrier" and recorded in Book of
Maps 1122, Page 834, Randolph County Registry, and;
WHEREAS, on July 11, 2005, the Randolph County Board of Commissioners adopted a resolution
declaring its intent to close said streets or easements and set a public hearing on the issue for August 1, 2005, all in
accordance with North Carolina General Statute §153A-241; and
WHEREAS, notices of the closings and public hearing were prominently posted in two places along each
road; and
WHEREAS, notice of the public hearing set by the Randolph County Board of Commissioners on July 11
2005 was published once a week for three successive weeks before the hearing (on July 15, 22, and 29); and
WHEREAS, the Randolph County Board of Commissioners has determined through the public hearing
that the closing of the aforesaid streets is not contrary to the public interest and that no individual owning property
in the vicinities of said streets would be deprived of reasonable means of ingress and egress to his property;
NOW THEREFORE, BE IT ORDERED by the Randolph County Board of Commissioners that the
unnamed public road referenced above and the above -referenced portion of Bethel Park Drive/Davis Avenue be
permanently closed and that all right, title, and interest in their respective rights-of-way is vested in those persons
owning lots or parcels of land adjacent to the streets or easements.
BE IT FURTHER ORDERED that a certified copy of this Order shall be filed in the Register of Deeds
Office.
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Bid Award for Computer Purchase
Audrey Alexander, Purchasing Technician, said that the Public Library has obtained a quote from the
State Contract vendor, Dell Computer Corporation, for 40 Dell OptiPlex, Pentium 4 computers with the
Windows XP Professional operating system. The quote received was $772.10 each for a total of $30,884
for the 40 systems. This price represents a savings of about $300.00 off the state contract price for a
computer with a similar configuration. This reduction will result in an overall savings of approximately
$7,000. The following chart outlines the proposed placement of these machines:
Location
Quantity
Asheboro
18 Computers
Archdale
6 Computers
Franklinville
1 Computer
Liberty
5 Computers
Ramseur
2 Computers
Randleman
3 Computers
Seagrove
5 Computers
With the exception of the computers that will be placed in the Seagrove Library for the first time, the
remaining computers will replace obsolete existing systems at the public catalog desk(s), the service
desk(s) and staff computers. All of the systems currently are utilizing the Windows 95 operating system.
These replacements will be supported by the Windows XP Professional operating system, which is
necessary in order to accommodate the upgrade of the automated system as well as to support the Internet
Explorer 6 required for the web -based public catalog system.
On motion of Frye, seconded by Davis, the Board voted unanimously to award the bid for 40
computers for the Public Library to Dell Computer Corporation at a total cost of $30,884. 00.
Budget Amendment—Library Automation Grant
Richard Wells said that the library has been awarded a grant from the State library to upgrade the
automation system for a117 libraries in the county. Total price for the project is $118,657. The grant is for
$94,526. The 25% local match is $24,131. Mr. Wells requested that the Board appropriate $24,131 from
fund balance in order to receive this grant.
On motion of Frye, seconded by Davis, the Board voted unanimously to purchase the equipment from
Dynix Corporation, receive the grant from the State Library and to approve Budget Amendment #2, as
follows:
2005-20061 Budget
General Fund—Amendment
Ordinance
#2'
Revenues
Increase
Decrease
Appropriated Fund Balance
$24,131
Restricted Intergovernmental
$94,526
Appropriations
Increase
Decrease
Public Library
$118,657
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Budget Amendment—Library Smart Start Grant
Richard Wells said that the library has been awarded a grant from the Randolph County Partnership
for Children (RCPC-Smart Start). The grant will fund all costs to institute a Parents -As -Teacher (P.A.T.)
Program in Randleman. The office for the coordinator will be provided by the City of Randleman and will
be located in City Hall. The total project cost is $52,000. There is no match required. The library
administers the grant.
On motion of Kemp, seconded by Lanier, the Board voted unanimously to approve the Library Smart
Start Grant in the amount of $52, 000 and Budget Amendment #3, as follows:
2005-2006 BUDGET
General Fund
ORDINANCE
--Amendment #3
Revenues
Increase
Decrease
Restricted Intergovernmental
$52,000
Appropriations
Increase
Decrease
Library
$52,000
Budget Amendment—Public Health
Will Massie said that the Health Department has been contracted to conduct a "Water Supply
Inspection and Survey Program," funded through Senate Bill 7, Hurricane Recovery Act of 2005. The
contract provides reimbursement up to $15,450 for collection of bacteriological and nitrate samples,
testing, and submission of required reports. A budget amendment is needed.
On motion of Frye, seconded by Kemp, the Board voted unanimously to approve Budget Amendment
4#, as follows:
2005-2006 BUDGET
General Fund
ORDINANCE
--Amendment #4'
Revenues
Increase
Decrease
Sales and ,Services
$15,450
Appropriations
Increase
Decrease
Public Health
$15,450
Budget Amendment --Encumbrances
Jane Leonard, Deputy Finance Officer, said that an encumbrance is created when a contract is entered
into or a purchase order is issued. Encumbrances outstanding at June 30 must be recorded in the Fund
Balance section of the County's Financial Statements and are added to the next year's budget by
amending the budget. At 6/30/05, the encumbrances to be carried over to the 2005-2006 budget totaled
$3,390,100. These encumbrances consist of funds set aside for major repairs and improvements
($686,841), technology purchases and contracts ($588,175), economic development incentives
($1,523,000), grants ($289,312), other contracts and services ($125,500) and miscellaneous
supplies/equipment ($177,272).
On motion of Lanier, seconded by Frye, the Board unanimously approved Budget Amendment #5 to
the FY 2005-2006 Annual Budget, as follows:
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2005-2006 BUDGET ORDINANCE
General Fund—Amendment
95
Revenue
Increase
Appropriated Fund Balance
$3,390,100
Appropriations
Increase
Administration
$ 89,468
Computer Services
280,443
Elections
44,444
Tax
9,030
Register of Deeds
16,500
Public Buildings - Maintenance
806,841
Sheriff
34,245
Emergency Services
266,612
Public Works
125,500
Public Health
81,625
Cooperative Extension Service
6,158
Social Services
89,234
Soil & Water
17,000
Other Economic & Physical Development
1,523,000
Budget Amendment—Cooperative Extension
Jane Leonard said that Cooperative Extension has received a $6,000 grant from United Way to be
used for program cost involved with the 4H program. Cooperative Extension has also received $2,710
from the Asheboro Housing Authority to provide a summer program. Cooperative Extension will hire 2
part-time temporary employees to coordinate the program.
On motion of Davis, seconded by Lanier, the Board voted unanimously to approve Budget Amendment
#6, as follows:
2005-2006 BUDGET''ORDINANCE
General Fund
--Amendment #6'
Revenues
Increase
Decrease
Miscellaneous
$8,710
Appropriations
Increase
Decrease
Cooperative Extension
$8,710
Budget Amendment—Day Reporting Center
Jane Leonard reported that the Administrative Office of the Courts has approved an allocation of
$34,468 to fund our drug court case manager position. The Sandhills Center for Mental Health has
approved payment of $8,125 for substance abuse treatment services for the drug court participants. This
gives us a total of $42,593 to assist in funding the drug court program for FY2005-2006.
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On motion of Kemp, seconded by Davis, the Board voted unanimously to approve Budget Amendment
# 7, as follows:
2005-2006 BUDGET ORDINANCE
General Fund --Amendment #7'
Revenues
Increase
Decrease
Restricted Intergovernmental
$34,468
Miscellaneous
$8,125
Appropriations
Increase
Decrease
Day Reporting Center
42,593
Closed Session
On motion of Frye, seconded by Davis, 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 NCGS 143-
318.11(a) (4).
Recess
At 5:20 p.m., the Board recessed and reconvened at 6:30 p.m.
Rezoning Public Hearing
At 6:30 p.m. 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 each
request.
1. DONALD LANIER, Asheboro, North Carolina, is requesting that 16.47 acres located on the
southwest corner of the Tot Hill Farm Road and Hwy 49 South intersection, Cedar Grove Township, be
rezoned from Residential Agricultural to Highway Commercial/Conditional Use. Tax ID# 7629335301.
Secondary Growth Area. It is the desire of the applicant to use the property for commercial development.
The proposed Conditional Use Zoning District would only allow retail sales and would require buffers as
per site plan. The Planning Board considered this request at public meeting on July 12, 2005, and
unanimously recommended that this request be approved.
Hal Johnson explained that this request came to the Planning Board as a general use, with no specific
use named. Although the Planning Board felt that commercial zoning would be appropriate for this site,
there was no conditional use to consider, and some types of commercial activity might not be appropriate,
especially without buffers. In addition, whatever would be approved for this site would set a precedent
for the other corners of this intersection. Therefore, Mr. Lanier has offered to change his request to
Conditional Use for retail sales only. Mr. Johnson noted that the Community Shopping District would be
the correct classification for this request. The Planning Board was also concerned about buffers. He said
Mr. Lanier would present a site plan as part of the Conditional Use, and it addresses buffers.
Commissioner Arnold Lanier announced that he would recuse himself in this matter.
Donald Lanier, 2615 Tot Hill Farm Rd., Asheboro, presented a site plan that included buffers and
watershed areas that were located by his surveyor. He said a soil scientist had designed the septic
systems. He stated that no hardwoods would be cut along the watersheds. Mr. Lanier asked that his
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request be modified to Community Shopping District, to be developed according to the site plan
presented.
On motion of Frye, seconded by Davis, the Board voted unanimously (4-0, with Lanier abstaining) to
approve the request of Donald Lanier.
2. KAREN LOWE, Liberty, North Carolina, is requesting that 2.10 acres located on Bowman Dairy
Road, Liberty Township, be rezoned from Residential Restricted to Residential Agricultural/Conditional
Use. Tax ID# 8718834735. Secondary Growth Area. The Conditional Use Zoning District would
specifically allow a single -wide mobile home to be located on the property. The Planning Board
considered this request at public meeting on July 12, 2005, and unanimously recommended that this
request be approved.
Karen Lowe, 6998 Bowman Dairy Rd., Liberty, spoke in favor of her request, saying that her son
plans to live next to her.
On motion of Davis, seconded by Lanier, the Board voted unanimously to approve the request of
Karen Lowe.
3. JANET SMITH & PEGGY HAWKINS, are requesting that 10.90 acres located on the corner of
Wicker Lovell Road/Laughlin Road, Franklinville Township, be rezoned from RA to CVOE-CU. Tax
ID# 7773856525. The proposed Conditional Use Zoning District would specifically allow the
development of a 10 -lot residential subdivision for site -built homes only with a minimum house size of
1,500 sq. ft. The Planning Board considered this request at public meeting on July 12, 2005, and
recommended that this request be approved by a split vote of 5 to 2.
Mark Terry, 10837 N. Main St., Archdale, said he is the surveyor who designed the subdivision. He
used two soil scientists to determine perkable lots. He said that the lots exceed what is required by the
County, ranging from over 40,000 square feet to 51,000 square feet, and that this subdivision would be
better than the current neighborhood.
Janet Smith, 1431 Wiley Lewis Rd., Greensboro, stated that the request reflects the best use for this
property, and it would bring revenue to the County.
Doris Cain, 1940 Wicker Lovell Rd., adjoining property owner and unofficial spokesman for the
opposition, stated that their concern is water. Since 2000, four adjoining property owners' wells have
gone dry. One drilled 400 feet for a replacement well; another drilled 500 feet and abandoned the
attempt. Ms. Cain said that several neighbors have foul-smelling water and can't drink it. She said that
ten new wells could cause a critical water problem and asked that the number of lots be reduced.
Lorele Loreth, 1903 Wicker Lovell Rd., stated that her water has sulfur bacteria and is so foul that
she had to install a $3000 filtration system. She noted that although this water may not harm an adult, it
could be harmful to children.
Stacey Wicker, 2194 Wicker Lovell Rd., said that he gets only three gallons per minute from his
well, so he is concerned about water also. He noted that there are country smells in this neighborhood,
with chicken houses, cows, and the like, and people moving into a subdivision tend to complain about the
smells and cause problems for the ones who were already living there. He noted that a curve in the road
would cause visibility problems for those entering the road from the subdivision. He stated that most
parcels in this area are three acres or more, and he asked that the number of lots be reduced.
Approximately 35 people stood in opposition to this request.
Chairman Holmes asked if the applicant had considered reducing the number of lots.
Mark Terry stated that there had been no discussion about reducing the number of lots. He added
that wells are up to the purchaser.
Janet Smith, applicant and owner of the property, stated that the developer she is working with has
told her that the well and septic system for each lot must be approved before that lot is sold.
On motion of Kemp, seconded by Holmes, the Board voted 3-2, with Frye and Lanier opposing, to
approve the request of Janet Smith & Peggy Hawkins, with the requirement that the installation of wells
be properly constructed and certified by the Health Department as a potable water supply prior to the
issuance of building permits on each lot.
Invitation
Chairman Holmes announced that Ad Penfield had invited the County Commissioners to the annual
Watermelon Spitting Contest on September 10.
Adiournment
There being no further business, the meeting adjourned at 7:35 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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