031102March 11, 2002
The Randolph County Board of Commissioners met at 4:00 p.m. in the Commissioners Meeting
Room, County Office Building, 725 McDowell Road, Asheboro, NC. Commissioners Kemp, Frye,
Holmes, Davis, and Mason were present. Kim Newsom, County Personnel Director, gave the invocation,
and everyone recited the Pledge of Allegiance.
Addition to the Agenda
Chairman Kemp announced the addition of Item D. Plat Review Officer for the City of Asheboro
to the Consent Agenda.
Presentation to Board
Chairman Kemp introduced Mary Joan Pugh, Chairperson for the Human Race. Ms. Pugh
presented t -shirts to Board members and encouraged everyone to participate in the 5K race that will be
held on March 23 at 9:00 a.m. at Memorial Park in Asheboro. Proceeds go to the non-profit charity of the
donor's choice (75%) and to the Randolph County Volunteer Center (25%). Chairman Kemp suggested
that all Board members participate with their designated charity being the Victory Junction Gang Camp.
Consent Agenda
On motion of Frye, seconded by Davis, the Board unanimously approved the consent agenda, as
follows:
• Approve regular and closed session minutes from the February 4, 2002 meeting;
• Reappoint Sam Jones as Outside Member on the Franklinville Planning Board (5 yr. term);
• Approve the following DOT addition resolution:
WHEREAS, the Department of Transportation has investigated Allred Heights Drive in the Allred
Heights 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
Allred Heights Drive in the Allred Heights Subdivision be added to the Division of Highways' Secondary
Road System.
• Approve the following resolution regarding a plat review officer for City of Asheboro:
WHEREAS, SL. 1997-309 (5875) makes a number ofsignificant changes in the procedures for
recording maps and plats; and
WHEREAS, the main purpose of the law is to transfer the responsibility for reviewing plats to
determine whether they meet recording requirements from the Register ofDeeds to a Review Officer; and
WHEREAS, the new G. S. 47-30.2 requires the Board of County Commissioners in each County, by
resolution, to appoint a person to serve as Review Officer to review each plat before it is recorded and
certify that it meets the statutory requirements for recording; and
WHEREAS, it is the desire of the Randolph County Board of Commissioners to insure an expeditious
review of all maps and plats as required by G.S. 47-30.2 before they are presented to the Register of Deeds
for recording.
NOW THEREFORE, BE IT RESOLVED, effective March 11, 2002, that Reynolds Neely in the City
ofAsheboro is hereby appointed to perform all responsibilities as required for Review Officer under the
appropriate North Carolina General Statutes.
BE IT FURTHER RESOLVED that a copy of this Resolution designating this Review Officer be
recorded in the Randolph County Register of Deeds Office and indexed in the name of the Review Officer.
New Courthouse Building Update
David Townsend, III, Public Works Director, presented the proposed new Courthouse occupancy
schedule, building procedures manual and weapons ordinance. He asked that the occupancy schedule be
approved today and the procedures manual and weapons ordinance be reviewed and considered for
adoption at the April 1 Commissioners meeting. The Board agreed to change the proposed open house
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date to July 21. Chairman Kemp stated that he felt a committee should be appointed to determine the
best future use(s) for the Old Courthouse building and suggested that Richard Wells serve as chair for that
committee. The Board decided to appoint this committee at the April 1 meeting.
On motion of Holmes, seconded by Frye, the Board voted unanimously to approve the new
Courthouse occupancy schedule as revised.-
Occupancy
evised:
Occupancy Schedule for The New Courthouse
Task
Start Date
Completion Date
Contract Completion Date
Name
March 7, 2002
Presentation to County Commissioners
Total
Monthly
Cost
March 11, 2002
Commissioners Approval of the Courthouse Security and Building
48 months
$33,682.00 $6,495.18
Procedure Manual and the Courthouse Weapons Ordinance
$482,126.16
April 1, 2002
County -Determined Completion Date
PBX. SOLUTIONS
April 15, 2002
Produce Employee Badges
April 15, 2002
May 15, 2002
Move New Furniture (duration 3 weeks)
April 22, 2002
May 10, 2002
Window Treatments/Artwork (duration 1 week)
May 13, 2002
May 17, 2002
Connect County Phones (duration 1 week)
May 13, 2002
May 17, 2002
Connect AOC phones and computers (duration 1 week)
May 20, 2002
May 24, 2002
Sheriff's Office Training/Practice
*Video Arraignment (duration 3 days)
*X -Ray Machine (duration 3 days)
*Metal Detectors (duration 3 days)
*Master Control (duration 2 weeks)
*Closed Circuit TV (duration 1 week)
*Move Inmates/Role Play (duration 1 week)
*Note: Some to be completed together (max duration 4 weeks)
May 27, 2002
June 17, 2002
Move Courthouse Agencies
District Court Judge/Superior Court Judge/Custody Mediation
June 25, 2002
D.A./Law Library/Housekeeping
June 26, 2002
Juvenile Service/Magistrate/Security Office
June 27, 2002
Clerk of Court
June 28, 2002
June 30, 2002
Open Building to Public
July 1, 2002
Open House
Sunday, July 21
Contract for Telephone Service
Annette Crotts, Computer Services Director, told the Board that the County's contractual lease
with Sprint for telephone service is fulfilled in May 2002. After much research, it became apparent that
telephone service and data network services should be combined into a single project scope. By installing
a fiber network that passes through our main office buildings in Asheboro and installing a PBX system for
voice that uses that same infrastructure, the County should realize significant savings. The following is a
table of final lease negotiation prices for the fiber and PBX equipment. Wynn Communications from
Lexington, NC has the lowest quote and meets the County's specifications and needs.
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EN14ANCED CE T E
Name
Length
of Lease
Equipment Estimated
Monthly Nan -equip
Cost Monthly Cost
Total
Monthly
Cost
Estimated
Annual
Cast
Sprint
Asheboro/Kansas
48 months
$33,682.00 $6,495.18
$40,177.18
$482,126.16
PBX. SOLUTIONS
Wynn Communications
60 months
1 $12,000.00 1 $11,182.50
$23,182.50
1 $278,190.00
2
Lexington, NC
Concord Telephone
60 months
$18,039.00
$11,182.50
$29,221.50
$350,658.00
Concord, NC
Long Communications
84 months
$18,420.00
$11,182.50
$29,602.50
$355,230.00
Winston-Salem, NC
Modern Communications
59 months
$29,130.00
$11,182.50
$40,312.50
$483,750.00
Asheboro, NC
Seimens
60 months
$34,146.00
$11,182.50
$45,328.50
$543,942.00
S . C./Germany
Jimmy Wynn, owner of Wynn Communications, answered questions from the Board. Ms. Crotts
stated that there are 3 options for a dial -tone provider: Sprint, the State Telephone Network and Concord
Telephone, and that she planned to negotiate for the best solution for the County.
On motion of Mason, seconded by Davis, the Board voted unanimously to award the 60 -month
lease contract for telephone service for all County offices to Wynn Communications for an annual cost of
$278,190, directed Annette Crotts to negotiate the best option for dial -tone, and authorized the County
Manager to execute the contract.
Amendments to the Animal Control Ordinance
MiMi Cooper, Health Director, told the Board that in order to provide safe care for animals, the
definition of "shelter" needs to be added to the Animal Control Ordinance, and, consequently, the addition
of the word "shelter" should be added to the cruelty section of the ordinance. Most animals in Randolph
County have a shelter, but for those who don't, this requirment may reduce the number of animals that
wander off their owner's property seeking shelter.
On motion of Frye, seconded by Holmes, the Board unanimously amended Section 1. of the
Animal Control Ordinance, adding:
Shelter a structure with a minimum of three sides and a roof used to house the animal and protect it
from the weather.
and Section 5. C. Cruelty to Animals. to add the words and shelter to read:
It shall be unlawful for any person to molest, torture, torment, deprive of necessary sustenance
and shelter, cruelly beat, needlessly mutilate or kill, wound, injure, poison, abandon or subject to
conditions detrimental to its health or general welfare any animal, or to aid and abet in such action.
Appoint Animal Cruelty Investigator
On motion of Holmes, seconded by Davis, the Board voted unanimously to appoint Peggy Gray
Furguson as Animal Cruelty Investigator for a one-year term.
Resolution Concerning Climax Fire Department Financing
On motion of Frye, seconded by Mason, the Board voted unanimously to approve the following
resolution:
WHEREAS, Climax Volunteer Fire Department has determined to finance an amount of up to $230, 000
for a new pumper/tanker; 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.
Workforce Development Board Annual Report
David Jarrell, Workforce Development Board member, distributed and reviewed the 6/1/2000-
6/30/2001 Annual Report of the Regional Partnership Local Area, highlighting Randolph County's
JobLink Career Center and stated that this agency is providing a great service to Randolph County's
citizens. He then showed a 6 -minute video about the benefits of the JobLink Center.
Criminal Justice Partnership Program Application for Continuation of Implementation Funding
Pam Hill, Day Reporting Center Director, asked the Board for their approval of the grant application
and budget for submission to the State for continuation of implementation funding. She also said that all
CJP Programs had been cut by 9%, thereby putting two of our staff positions in jeopardy. She further
stated that she hopes to get some of the reallocated funds from the State.
On motion of Davis, seconded by Mason, the Board voted unanimously to approve the application
and budget as presented for the Criminal Justice Partnership Program for FY 2002-03.
Appointment of County Commissioner to PART
Vice Chairman Darrell Frye told the Board that he had been appointed Chairman of the High Point
Urban Area Transportation Advisory Committee, which gives him an automatic seat on the PART
(Piedmont Authority for Regional Transportation) Board. This means that Randolph County gets another
seat on the PART Board.
On motion of Frye, seconded by Holmes, the Board unanimously appointed Robert Davis to the
PART Board for the remainder of the year 2002.
Set Special Meeting Date
The Board set March 18, 6:30 p.m. as the date and time for a special work session to discuss
performance measurement, the FY -2002-03 Budget and an offer to lease the old Guil-Rand Fire
Department Building to the County.
Robbie Mason left the meeting at this point and did not return.
Update on Status of FY 2001-02 Budget
County Manager Frank Willis gave the Board an update on the status of the FY 2001-02 Budget
since Governor Easley has decided to withhold our reimbursables again this fiscal year. He stated that he
has worked with department heads in identifying funds that have been set aside and moved into special
accounts that we have named "The Easley Accounts" that the departments cannot spend this year.
Various techniques were used to make up the deficit in our lost revenues, such as postponing capital
outlay projects and needed repairs and not funding vacant positions.
Chairman Kemp commended the department heads on their willingness to work with the County
Manager regarding their budgets.
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Resolution Requesting the Governor to Remit Obligated Funds to Cities and Counties
On motion of Frye, seconded by Holmes, the Board unanimously adopted the following resolution:
WHEREAS, North Carolina cities and counties have a tradition of promoting the highest ideals of good
government and accountability to the citizens of this state; and
WHEREAS, fiscal responsibility is consistently demonstrated by each unit of local government developing
and adhering to a budget balanced between revenues and expenditures for the services demanded by the public;
and
WHEREAS, a major revenue source used to maintain these balanced budgets has been the reimbursement
of revenues lost due to actions of the North Carolina General Assembly that have consistently eroded the tax bases
of these local governments; and
WHEREAS, the Governor of the State of North Carolina has acted to deprive the cities and counties of
North Carolina of rightfully obligated revenue from the inventory tax reimbursement as well as other revenue
sources, thus penalizing local governments for the State's fiscal problems;
THEREFORE, BE IT RESOLVED by the Randolph County Board of Commissioners that we respectfully
request that the Governor of North Carolina, Michael F. Easley, immediately release any and all funds previously
obligated to North Carolina's cities and counties and pledge never again to act to deprive the citizens of this state
of the local governments' services or to promote higher property taxes. This action will restore balance to the state
and local partnership that has served the citizens of North Carolina for the past 225 years and restore the faith of
city and county officials, as well as our citizens, in the Governor and the North Carolina General Assembly.
Budget Amendment — Library
On motion of Holmes, seconded by Frye, the Board voted unanimously to approve Budget
Amendment #29 as follows to reflect an e -rate check received by the library.
GENERAL FUND - 929
Revenue
Increase
Miscellaneous
$5,431
Appropriation
Increase
Public Library
$5,431
Budget Amendment — Day Reporting Center
On motion of Holmes, seconded by Davis, the Board voted unanimously to approve Budget
Amendment #30 as follows to reflect federal funds to be used for additional substance abuse counseling,
transportation, food, automotive supplies, uniforms and to purchase a van for the Juvenile Day and
Juvenile Expanded Day programs at the Day Reporting Center. Randolph County will use Juvenile
Justice funds to provide the 25% match required by the Governor's Crime Commission.
GENERAL FUND - 930
Revenue Increase
Restricted Intergovernmental $51,068
Appropriation Increase
Day Reporting Center $51,068
Budget Amendment — 4H After School (Cooperative Extension)
On motion of Davis, seconded by Frye, the Board voted unanimously to approve Budget
Amendment #31 as follows to reflect $4, 000 received from the Asheboro Housing Authority to provide a
4H after school adventure program.
GENERAL FUND - ##29
Revenue
Increase
Miscellaneous
$4,000
Appropriation
Increase
Cooperative Extension
$4,000
Closed Session for Economic Development
On motion of Frye, seconded by Davis, the Board unanimously voted at 6:00 p.m. to go into
closed session to discuss matters relating to the location or expansion of business in the area served by
the Board of County Commissioners, pursuant to N. C. G. S. 143-318.11(a) (4). They returned to regular
session at 6:30 p.m.
Rezoning Public Hearing
The Board adjourned at 6:30 p.m. to a duly advertised public hearing to consider rezoning
requests. Hal Johnson, Planning Director, presented the following requests and Chairman Kemp opened
the public hearing for comments on each request and closed it before voting on each request.
1. JOYCE LAMB & ANGELENE KAYLOR, Franklinville, North Carolina, are requesting that 10.00
acres (out of 43.61 acres) located on Foushee Road, Columbia Township, be rezoned from Residential
Agricultural to Highway Commercial/Conditional Use. The proposed Conditional Use Zoning would
specifically allow the operation of a restaurant in a 45'x 70' proposed building. The property owners are
Y2K, LLC. The Planning Board recommended unanimously that this request be approved with the
following conditions:
* no tractor trailer traffic;
* landscaping plans approved by Planning Staff, and
* site plan and facility plans as presented.
Debbie Craven, realtor with Coldwell Banker, 230 E. Salisbury Street, Asheboro, said she is
working with the applicants on this project. She said that with 20,000 cars per day traveling on Highway
64, a 90 -bed nursing home opening in Ramseur, and with other growth in Ramseur, this location is ideal
for a restaurant. The proposed site is only 1500 feet from Ramseur's water and sewer, and perking is
good, as well.
Angel Kaylor, applicant, said she wants to have a restaurant in which customers are treated the
way she would like to be treated, like going to their mother's or grandmother's house to eat. She
distributed a handout of information on the restaurant.
Raymond Swaim, 5705 Foushee Road, opposed the placement of a restaurant on Foushee Road
because of the traffic already on this road and because he is afraid that additional development will occur
on that tract of land.
On motion of Frye, seconded by Davis, the Board unanimously approved this request.
2. LESTER DAVIS, Sophia, North Carolina, is requesting that 23.56 acres located on Spencer Road,
New Market Township, Randleman Lake Watershed, be rezoned from Residential Agricultural to
Residential Exclusive/Conditional Use. The proposed Conditional Use Zoning would specifically allow a
2 -lot addition to Spencer Lake Downs, for a total of 12 lots, for site -built homes only with an 1,800 sq. ft.
minimum. The Planning Board recommended unanimously that this request be approved.
No one spoke concerning this request.
On motion of Frye, seconded by Holmes, the Board unanimously approved this request.
3. DONALD & CHERYL LANIER, Asheboro, North Carolina, are requesting that 38.27 acres located
on Soapstone Mountain Road, Columbia Township, Sandy Creek Watershed, be rezoned from Residential
Agricultural to Residential Exclusive/Conditional Use and Residential Restricted/Conditional Use. The
proposed Conditional Use Zoning would specifically allow a 16 -lot subdivision with 12 lots (totaling
31
30.06 acres) to be zoned Residential Exclusive/Conditional Use to allow site -built and conventional
modular (off -frame) homes only and 4 lots (totaling 8.21 acres) to be zoned Residential Restricted/
Conditional Use to allow site -built, modular or double -wide mobile homes on permanent masonry
foundations. The Planning Board recommended unanimously that this request be approved.
Hal Johnson noted that this request came before the County Commissioners in January with 23
lots planned -17 for site -built and 6 for doublewides. The site plan has been redesigned so that the
number of lots is now 16 and the average lot size is now 2.3 acres instead of 1.6.
On motion of Davis, seconded by Holmes, the Board unanimously voted to accept for review this
request of Donald and Cheryl Lanier, based on the substantial reduction (30%) in the number of lots.
Donald Lanier, 2615 Tot Hill Farm Road, Asheboro, said he wants to keep the houses 100' back
from the road. He will be responsible for wells, septic tanks, and underskirting. He said he had deeded
away the lot with the cemetery; he has recorded restrictive covenants; and he is giving a 30' access to
property behind the proposed development, which would restrict development back there to two houses,
not a subdivision.
Hazel Kimrey, 6844 Sandy Creek Church Road, said she wants to preserve their rural way of life
and asked Commissioners to require at least 5 -acre lots with play areas and walking trails. She asked why
they need more houses in that area when 25 in a 5 -mile radius are for sale.
Ted Fulk, 2151 Soapstone Mountain Road, said the developer could still make a profit with larger
lots; a developer coming into a neighborhood should be sensitive to what is already there. He and his
neighbors don't want a mobile home development there.
Kevin Williams, 6397 Whites Chapel Road, said there is too much development and traffic in this
area now. He moved to the country, but it feels like the city now. He questioned whether the water table
could handle the additional wells.
Leslie Thompson, 2050 Soapstone Mountain Road, said she was not speaking for or against this
request but commended Mr. Lanier for his efforts to compromise with the neighbors.
Jack Barker, 2153 Soapstone Mountain Road, said he is concerned about water and sewer.
On motion of Holmes, seconded by Davis, the Board voted 3 to I to approve this request, with the
condition that a buffer be planted adjacent to Soapstone Mountain Road, 20' in width, for lots 1, 8, 9, and
4-7 in Phase 1, with the standard to be set with the Planning Department. Commissioner Frye opposed
this motion.
The meeting adjourned at 8:10 p.m.
Phil Kemp, Chairman
J. Harold Holmes
Robert O. Mason
7
Darrell L. Frye
Robert B. Davis
Cheryl A. Ivey, Deputy Clerk to the Board