050602May 6, 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,
Davis, Holmes, and Mason were present. Rev. Curran Welch, Bethany United Methodist Church of
Franklinville, gave the invocation, and everyone recited the Pledge of Allegiance.
Addition to the Agenda
Chairman Kemp announced the addition of two agenda items: a resolution requesting that local
government revenue sources be made secure and a library budget amendment.
Consent Agenda
On motion of Mason, seconded by Davis, the Board unanimously approved the consent agenda, as
follows:
• approve regular meeting minutes for April 1, 2002 and special meeting minutes for April 1, 2002;
• approve the following resolution:
WHEREAS, the Department of Transportation has investigated Willow Downs Court in Willow Downs
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 Willow
Downs Court in Willow Downs Subdivision be added to the Division of Highways' Secondary Road System.
Public Hearing - D.O.T. Secondary Road Improvement Program; Approval of Resolution
Jeff Picklesimer, D.O.T. District Engineer, presented the 2002-2003 Secondary Roads
Improvement Program and reviewed the expected allocations listed in the resolution that follows.
Chairman Kemp opened the public hearing at 4:15 p.m. No one spoke concerning the secondary
road improvement program. Bonnie Renfro of Randolph County Economic Development Corporation
said that the D.O.T. employees are wonderful allies for EDC and that they have been a big help to her
when working on economic development projects. Chairman Kemp closed the public hearing.
On motion of Frye, seconded by Davis, the Board voted unanimously to adopt the following
resolution approving the 2002-2003 Secondary Roads Improvement Program as presented:
WHEREAS, the North Carolina Department of Transportation anticipates July 2002 an allocation of
$2,014,029 and remaining funds of $0 from the previous Secondary Construction Program,
a total of $2,014,029
for secondary road improvements in Randolph County for the forthcoming fiscal year.
A public meeting was held
on May 6, 2002 in the Randolph County Commissioners Meeting Room on the expenditures
of said funds:
WHEREAS, it is proposed to utilize approximately $1,656,500 to construct roads down the priority list as
far as possible, provided rights of way are available:
PROGRAM SUBJECT TO AVAILABILITY OF FUNDING, RIGHT-OF-WAY, AND ENVIRONMENTAL
REVIEW
Priority No. SR No. Road Name From To Miles
Description Cost
13 Rural 2241 Red Lane Rd SR 2106 D.E. 0.40
B,P $54,000
15 Rural 2638 Royal Ridge Rd SR 2662 D.E. 0.70
G,D,B,P,EC $154,000
17 Rural 2542 Cook -Collier Rd SR1006 D.E. 0.50
B,P $67,500
21 Rural 2636 Manor Rock Rd SR 2634 End Pvt. 1.40
G,D,B,P,EC $308,000
22 Rural 2903D Osborn Mill Rd End Pvt. SR 2911 1.25
G,D,B,P,EC $275,000
23 Rural 2882 Carl Cox Rd SR 2876 NC22142 1.40
G,D,B,P,EC $308,000
24 Rural 2871 Maness Rd SR 1002 SR 1003 1.30
B,P $175,500
25 Rural 1118A Bethel Lucas Rd NC 134 SR 1121 1.00
G,D,B,P,EC $220,000
26 Rural 2543 Shady Hollow Rd SR 2459 D.E. 0.70
B,P $94,500
WHEREAS, it is proposed to retain $224,858 of the total allocation for spot stabilization,
paved road
improvements, replace small bridges with pipe, or safety projects;
WHEREAS, it is proposed to retain $132,671 of the total allocation for road additions, property owner
participation paving, volunteer fire departments, rescue squad driveways, old subdivision improvement program,
overruns, county surveys, and right-of-way acquisition;
WHEREAS, the North Carolina Department of Transportation anticipates July 2002 an allocation of
$1,668,265 and remaining funds of $0 from the North Carolina Highway Trust Fund, a total of $1, 668, 265 for
Secondary Road Improvements in Randolph County for the forthcoming fiscal year. A public meeting was held on
May 6, 2002 in the Randolph County Office Building on the expenditures of said funds;
WHEREAS, it is proposed to utilize approximately $1,408, 000 to construct roads down the priority list as
far as possible, provided rights-of-way are available:
Priority No. SR No. Road Name From To Miles Description Cost
12 Rural 2853 Ridge Rd End Pvt. SR 2843 1.00 G,D,B,P,EC $220,000
14 Rural 2881 Jimmy Cox Rd 22/42 SR 2876 1.50 G,D,B,P,EC $330,000
18 Rural 2896A Picketts Mill Rd SR 1002 SR2898 0.90 G,D,B,P,EC $198,000
20 Rural 2440 Brower Meadow Rd SR 2459 SR2261 1.80 G,D,B,P,EC $396,000
27Rural 2662E Willie Wright Rd SR 2634 SR 2639 1.20 G,D,B,P,EC $264,000
WHEREAS, it is proposed to retain $230,169 of the total allocation for spot stabilization, paved road
improvements, replace small bridges with pipe, or safety projects;
WHEREAS, it is proposed to retain $30,096 of the total allocation for property -owner participation
paving and overruns.
BE IT RESOLVED that all of the above be carried out by the Department of Transportation.
Study Committee for Use of Old Courthouse
Richard Wells, Library Director, presented a list of volunteers representing every area of the
county, who have agreed to serve on the Randolph County Historic Courthouse Committee. The
proposed committee is as follows: Richard Wells, Randolph County Public Library, Chairman; Benjamin
Briggs, Randolph Community College; Patty Brown and David Townsend, III, Randolph County Public
Works Department; Robert Cross, Randolph County Maintenance Department; Warren Dixon, Liberty
Public Library Board of Trustees; Joe Hardin, Ramseur Public Library Board of Trustees; Bill Ivey, NC
Pottery Center Board; Hal Johnson, Randolph County Planning & Zoning; Reynolds Neely, Asheboro
Planning & Zoning; Eleanor Pugh, Randleman Public Library Board of Trustees; Phillip Shore, Randolph
Arts Guild; Cheryl Smith, Seagrove Public Library; Dean Spinks, Trinity Architect; Bertha Stone, Mayor
of Archdale; Joan Wall, City of Randleman; Mac Whatley, Mayor of Franklinville; Camilla White,
Randolph County Historical Society; Ex -Officio: Harold Brubaker, NC House of Representatives; Phil
Kemp, Chairman, Randolph County Board of Commissioners.
On motion of Davis, seconded by Holmes, the Board unanimously appointed all committee
members as proposed by Mr. Wells.
Budget Amendment — Library
On motion of Davis, seconded by Mason, the Board unanimously approved the following Budget
Amendment #35, which reflects an e -rate refund to the public library, to be used for automation
operations:
GENERAL FUND - #35'
Revenue Increase
Miscellaneous $6,582
Appropriation Increase'
Public Library $6,582
Budget Amendment — Library
On motion of Davis, seconded by Mason, the Board unanimously approved the following Budget
Amendment #36, which reflects an e -rate refund to the public library, to be used for automation
operations:
GENERAL FUND - #36'
Revenue Increase'
Miscellaneous $2,377
Appropriation Increase'>
Public Library $2,377
Centralized Permitting Ordinance Amendment
Hal Johnson, Planning Director, said that it had been eleven years since Randolph County had
established centralized permitting. Since then, staff from over thirty counties have come to our offices to
see how our program operates, hoping to establish such a program in their counties. Mr. Johnson then
outlined two minor proposed changes to the Centralized Permitting Ordinance. In order to accommodate
contractors who do not want to come to our office each time they apply for a permit, a prepayment system
has been established that they can draw upon. They will deposit a certain amount of money with the
County, and a new software package will facilitate the tracking of these escrow amounts. Article C,
Section 3 includes new language to say, "Contractors may elect to prepay before the actual issuance of
permits. Procedures for the prepayment system will be determined by the Building Codes Administrator."
Language from that section that refers to the fee schedule as part of this ordinance, by removing the
words, "and hereinafter provided."
Mr. Johnson also said that we need the capability to make changes to centralized permitting fees
from time to time without having to amend the ordinance. To do so, Article D, Section 6 must be
changed to separate the fee schedule from the ordinance. We have deleted the words, "a schedule of
which is attached as part of this ordinance. " We have added the words, "A copy of the current Central
Permit Program Fee Schedule is attached to this ordinance. Said schedule is a separate document, and
modification of said schedule by the Board of Commissioners does not constitute an amendment to this
ordinance. "
On motion of Mason, seconded by Frye, the Board unanimously amended the Centralized
Permitting Ordinance as proposed.
Proposed Changes to Building Permit Fee Schedule
Paxton Arthurs, Building Inspection Supervisor, explained some minor modifications he is
proposing to the building permit fee schedule to correct and clarify the current fee schedule, not to raise
any additional revenue. The proposed changes are (1) List a minimum charge of $25 under each trade.
Currently a minor plumbing and heating permit costs as much as a permit for a new house. (2) Add
additional charges for large residential permits. (3) Remove residential demolition permit from "Other
Fees." We require demolition permits for commercial projects only. (4) Remove certificate of occupancy
with change of use from "Other Fees." A standard building permit for these projects is issued.
On motion of Davis, seconded by Frye, the Board unanimously approved these proposed changes
to the building permit fee schedule.
Proposed Changes to Fees in Health Department
MiMi Cooper, Health Director, and Mike Walker, Environmental Health Supervisor, asked the
Board to approve the increase in environmental health fees and clinical fees as approved by the Board of
Health on April 17, 2002. It is estimated that these increased fees will generate an additional $125,000
for environmental health fees and an additional $12,956 for clinical services in FY 2002-2003. These
increases were recommended by staff due to an increase in cost of services, higher fees in surrounding
counties, and a need to equitably distribute the costs to the users. Ms. Cooper stated that staff had done a
52 -county survey to see what other counties are charging. They did a comparison with seven of these
counties that are comparable to Randolph in size and population.
Ms. Cooper presented the following proposed fee schedule for Environmental Fees:
• New wastewater permits, $200 (Proposed increase of $100)
Type III and IV Systems, additional $100 (No proposed increase)
Type V and VI Systems, additional $500 (Proposed increase of $300)
• Expansion Permits, $100 (Proposed increase of $50)
Type III and IV Systems, additional $100 (Proposed increase of $50)
Type V and VI Systems, additional $500 (Proposed increase of $250)
• Inspection for Connection to Existing System, $50 (Proposed increase of $25)
• Consultative Visits, $100, (Proposed increase of $50)
• Well permits, $100 (Proposed increase of $15)
• Existing Well Inspections, $50 (Proposed increase of $25)
• Water Samples, $20 (No proposed increase)
On motion of Frye, seconded by Holmes, the Board voted unanimously to postpone the decision to
adopt the proposed environmental health fees for one month and directed the Health Director to have the
Board of Health review the fees further and to compare Randolph County's fees with the fees of our
contiguous counties and to especially study the intense wastewater systems costs that appear to be driving
the overall fee increases.
Ms. Cooper also presented proposed increases in certain clinical fees, as follows:
• Increase the cost of Cholesterol testing from $5.00 to $10.00. In FY 00 — 01, five hundred eighty eight
of these tests were performed.
• Propose a fee of $5.00 for Blood Glucose testing. There is currently no charge to the clients. Six
hundred thirty nine of these tests were performed in FY 00 — 01.
• Propose a fee of $5.00 for Hemoglobin testing. This test is also currently done free of charge for the
clients. Five hundred ninety of these tests were performed in FY 00 — 01.
• Increase the cost of testing for tuberculosis from $4.00 to $5.00. This would apply to persons
requesting testing for pre- employment or school enrollment. One thousand six hundred twelve TB
skin tests were done in FY 00 — 01. Approximately 5% of these were for contacts to cases or clients
with high risk factors. All screening of suspected cases of TB or contacts to cases would continue to
be free.
• Charge a $10.00 administration fee for Hepatitis B injections given with privately purchased vaccine.
We have not previously charged an administration fee. Two hundred thirty four of these injections
were administered in FY 00 — 01.
On motion of Holmes, seconded by Davis, the Board unanimously approved the requested clinical
fees.
Budget Amendment — Health
On motion of Frye, seconded by Holmes, the Board unanimously approved Budget Amendment
#37 to reflect additional funding for the WIC program, as follows:
GENERAL FUND - #37'
Revenue Increase'
Restricted Intergovernmental $25,026
AppropriationIncrease'
Public Health $25,026
Resolution Concerning Hazard Mitigation Planning Grant
Neil Allen, Emergency Services Director, reported that Senate Bill 300, passed in 2001, requires
that all local governments have an approved hazard mitigation plan in order to receive state or federal
public assistance funds for state -declared disasters. The counties in this region have been approached by
Piedmont Triad Council of Governments to write a hazard mitigation plan for us. A federally funded
grant and a 25% in-kind match by the counties will fund the project. The grant requires the governing
body to designate by resolution an agent to administer the grant funds.
On motion of Holmes, seconded by Davis, the Board unanimously approved the following
resolution:
BE IT RESOLVED by the Board of Commissioners of Randolph County that William F. Willis, County
Manager, is hereby authorized to execute for and in behalf of Randolph County, a public entity established under
the laws of the State ofNorth Carolina, this application and to file it in the appropriate State office for the purpose
of obtaining certain Federal financial assistance under the Disaster RehefAct (Public Law 288, 93rd Congress) or
otherwise available from the President Disaster Relief Fund.
BE IT FURTHER RESOLVED that Randolph County, a public entity established under the laws of the
State of North Carolina, hereby authorizes its agent to provide to the State and to the Federal Emergency
Management Agency (FEMA) for all matters pertaining to such Federal disaster assistance the assurance and
agreements printed on the reverse side hereof.
Resolution Transferring Property to Piedmont Triad Regional Water Authority
Aimee Scotton, Staff Attorney, reported that in 1997 the Piedmont Triad Regional Water
Authority (PTRWA) purchased property totaling approximately 5 acres from Adam Beck, but a small
portion of Mr. Beck's property was inadvertently left out of the legal description on the deed to the
Authority. This property, consisting of .40 acre, is landlocked and surrounded by property owned by the
Authority and others. Rather than continue any further with the Authority, Mr. Beck simply deeded this
parcel to Randolph County. PTRWA is asking that the County transfer this .40 -acre parcel to them.
Pursuant to NCGS 160A -274(b), the County is legally authorized to give real property to PTRWA if it
sees fit to do so.
On motion of Frye, seconded by Holmes, the Board unanimously approved the following
resolution:
WHEREAS, Randolph County has in its possession a. 40 -acre tract of land (Parcel Identification Number
7755196501) located near Commonwealth Road and surrounded by properties owned by the Piedmont Triad
Regional Water Authority, Dick Broadcasting Company, and Buttke Dairy; and
WHEREAS, this property was originally part of a larger 5 -acre tract that was deeded to the Piedmont
Triad Regional Water Authority in 1997 by Adam Beck; and
WHEREAS, this property was deeded to the County by Mr. Beck free of charge by deed duly recorded in
Deed Book 1514, Page 545, Randolph County Registry; and
WHEREAS, this property is landlocked and is of no use to the County; and
WHEREAS, the Piedmont Triad Regional Water Authority has requested that ownership of this property
be transferred from Randolph County to the Piedmont Triad Water Authority for use in their buffer area; and
WHEREAS, North Carolina General Statute § 160A -274(b) authorizes the County to make such a transfer
with or without consideration,-
NOW,
onsideration;NOW, THEREFORE, BE IT RESOLVED by the Randolph County Board of Commissioners that the
ownership of that parcel of property (PIN # 7755196501) be transferred to the Piedmont Triad Regional Water
Authority and that the Chairman of the Board of Commissioners be authorized to sign the deed evidencing said
transfer.
Budget Amendment — Cooperative Extension
On motion of Davis, seconded by Holmes, the Board unanimously approved Budget Amendment
#38 to reflect a $3, 000 grant from United Way for Cooperative Extension's 4-H program, as follows:
GENERAL FUND - #38'
Revenue Increase>
Miscellaneous $3,000
Appropriation Increase'
Cooperative Extension $3,000
Public Hearing — Zoning Ordinance Amendment
At 6:00 p.m. Chairman Kemp opened a duly advertised public hearing to consider a zoning
ordinance amendment concerning adult entertainment establishments.
Hal Johnson, Planning Director, stated that his department had received inquiries from individuals
desiring to locate adult entertainment establishments in Randolph County. Our current zoning regulations
do not specifically address adult entertainment establishments. Federal court decisions have maintained
that a local government cannot totally ban otherwise legally operating adult entertainment establishments.
However, a local government can establish regulations intending to insure that the adverse effects created
by adult entertainment establishments are minimized and controlled. Mr. Johnson presented a proposed
amendment to the Randolph County Zoning Ordinance that would create a Special Entertainment Overlay
Zoning District. This overlay district could be considered only for property that is zoned Highway
Commercial. The proposed amendment would restrict the proximity of adult entertainment
establishments to schools, churches, daycare centers, youth camps, community centers, recreational/civic
centers, hospitals, other adult entertainment establishments, and any portion of a lot that is zoned
residential. There would also be a 1500 -foot minimum setback requirement. The amendment would also
establish a one-year period for any existing legally operating adult entertainment establishment classified
as a "non -conforming use" to cease operations. The Planning Board has reviewed the proposed
amendment and recommended unanimously that it be approved.
Chairman Kemp opened the floor for public comments. No one spoke. Chairman Kemp closed
the public hearing.
On motion of Frye, seconded by Holmes, the Board unanimously approved the proposed
amendment (ATTACHED) to the Randolph County Zoning Ordinance as proposed.
Closed Session — Economic Development
On motion of Frye, seconded by Davis, the Board voted at 6:15 p.m. to go into closed session to
discuss matters relating to the location or expansion of business in the area served by this governing
body, pursuant to NCGS 143.318-11(a)(4). They returned to regular session at 6:35 p.m.
Public Hearing — Rezoning
At 6:40 p.m. the Board adjourned 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. LARRY WELCH, Archdale, North Carolina, is requesting that 9.50 acres located on Cedar Square
Road, New Market Township, Randleman Lake Watershed, be rezoned from Residential Agricultural to
Rural Business Overlay/Conditional Use. The proposed Conditional Use Zoning District would
specifically allow an indoor riding academy in a 23,000 -sq. -ft. building to be constructed on site with
additional barns. The Planning Board recommended unanimously that this request be approved as
consistent with the Growth Management Plan.
Dominique Morlando of 4420 Garden Club Street, High Point, contractor for the applicant,
spoke in support of the request.
On motion of Davis, seconded by Mason, the Board unanimously approved this request.
2. PEGGY MORPHIS, Seagrove, North Carolina, is requesting that 18.07 acres located on Erect Road,
Brower Township, be rezoned from Residential Restricted to Residential Agricultural/Conditional Use.
The proposed Conditional Use Zoning District would specifically allow the placement of a singlewide
mobile home on the property. Property Owner: Rilla Kiser Hussey. The Planning Board recommended
unanimously that this request be approved as consistent with the Growth Management Plan.
Eddie Morphis, 485 Chrisco Road, Seagrove, spoke in support of the request.
On motion of Mason, seconded by Holmes, the Board unanimously approved this request.
3. GARY WHITE, Archdale, North Carolina, is requesting that 148.80 acres located on Racine Road,
Providence Township, Polecat Creek Watershed, be rezoned from Residential Agricultural to Residential
Exclusive Rural Lot Subdivision. The proposed zoning district would specifically allow a 43 -lot
subdivision for site -built homes only with a minimum house size of 1,600 sq. ft. The Planning Board
recommended unanimously that this request be approved as consistent with the Growth Management
Plan.
Reece White, 5663 Trotter Country Road, Archdale, spoke in support of the request.
Robert Reynolds, 2219 Providence Church Road, said that the new 100' well setback rule was
good but then asked the Board if they were aware of a State regulation imposed on farmers regarding a
200' setback requirement for animal waste application near new houses. He also questioned the impact
analysis study regarding schools. He believes that this subdivision would have a greater impact on area
schools than the study indicated.
Mr. Johnson stated that he had been advised by our local Cooperative Extension office that the
200' setback issue is voluntary and not mandated by State law. The Board directed Alan Pugh, County
Attorney, to research this setback issue to make sure our zoning ordinance was adequate.
On motion of Frye, seconded by Holmes, the Board unanimously approved this request.
Report on Junked Vehicle Problem in Municipalities' Extraterritorial Zoning Jurisdiction
County Attorney Alan Pugh reminded the Board that Chairman Kemp had brought a problem to
the attention of the Board at their last meeting. He had been contacted by representatives of the City of
Asheboro and the Town of Liberty regarding junked vehicles in their extra -territorial zoning jurisdiction
(ETJ). Because the County's prohibition against junked vehicles is contained in the Unified Development
Ordinance, it can only be enforced in the County's zoning jurisdiction. The cities have junked vehicle
ordinances that can only be enforced within their city limits, creating a gap in enforcement in the
municipalities' ETJs. At that meeting, the Board of Commissioners directed the County Attorney and the
Staff Attorney to investigate the options available to solve this problem.
Mr. Pugh reported that a meeting was held on May 1, 2002 to discuss the problem. In addition to
Mr. Pugh and Staff Attorney Aimee Scotton, the following people were present at this meeting: Hal
Johnson and Jay Dale (Randolph County Planning and Zoning); John Ogburn and Reynolds Neely
(representing the City of Asheboro); Chad Howell and Bill Flowe (representing the Town of Liberty); and
Bob Wilhoit (Attorney for Randleman, Trinity, Ramseur, and Seagrove). At this meeting, it was decided
that the County would adopt a junked vehicle ordinance that would apply only to the ETJs of the various
municipalities and that would incorporate by reference, the junked vehicle ordinance of each
municipality, making it applicable to that municipality's ETJ. The County will then enter into interlocal
agreements with each municipality whereby the municipality will take on the responsibility for enforcing
this ordinance in its ETJ. The County legal staff is working on drafting the ordinance, while the staff
attorney for the City of Asheboro will draft the interlocal agreements. Because the County and the various
municipalities are struggling with budget concerns at this time, this will not come back to the Board until
July or August.
2002-03 Budget Schedule
On motion of Frye, seconded by Davis, the Board unanimously adopted the schedule for all their
budget sessions (June 4, 10, 17, and 24), including a public hearing on the budget at 7: 00 p.m. on June
17.
Resolution Requesting That Local Government Revenue Sources Be Made Secure
On motion of Frye, seconded by Davis, the Board voted unanimously to approve the following
resolution:
WHEREAS, Randolph County is required by North Carolina law to operate and maintain a balanced
budget and comply with the provisions of the Local Government Budget and Fiscal Control Act; and
WHEREAS, Randolph County is required to maintain a sufficient fund balance to operate in a fiscally
sound manner and to have adequate reserves in case of emergencies; and
WHEREAS, the Randolph County Board of Commissioners have a responsibility to provide for the health,
safety and well being of the citizens of this community by providing necessary services; and
WHEREAS, the ability of county governments to borrow for capital infrastructure needs is dependent on
reliable revenue sources for repayment; and
WHEREAS, adequate revenues are required to carry out the above-mentioned responsibilities.
NOW, THEREFORE BE IT RESOLVED that the Randolph County Board of Commissioners respectfully
requests that the General Assembly enact legislation that will secure the local government revenue sources and
ensure that these revenues are distributed to local governments on a timely basis as set forth by the state's General
Statutes.
Chairman Kemp directed the deputy clerk to set up a meeting with our legislative delegation to
express our concerns about the money that the State is withholding and how this loss of funding will
affect the citizens of Randolph County.
Adiournment
The meeting adjourned at 7:55 p.m.
Phil Kemp, Chairman
J. Harold Holmes
Robert O. Mason
Darrell L. Frye
Robert B. Davis
Cheryl A. Ivey, Clerk to the Board