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010598January 5, 1998 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 Frye, Kemp, Davis, Holmes, and Mason were present. Invocation was given by Rev. Ben Chavis, Associate Minister of Sunset Avenue Church of God and Randolph County Tax Administrator, after which everyone recited the Pledge of Allegiance. Additions/Deletions to the Agenda Chairman Frye announced the following changes to the agenda, under new business items: Delete E. Resolution in Support of North Carolina's 1.9 Million Credit Union Members; add K. Offer to Purchase Danwood Street Property, L. Discussion on Proposed Zoning Ordinance, M. Set Meeting Date to Consider Work First Plan. Approval of Consent Agenda Commissioner Holmes made the following corrections to the December 1 minutes: the minister was from Central Methodist Church, not First Presbyterian; the motion to award a contract to Weiser Security Services should include the hourly rate of $8.82 that will be in effect until FY 98-99. On motion of Holmes , seconded by Davis, the Board unanimously approved the consent agenda, with the corrections mentioned above, as follows: • approve minutes of November 24, December 1, and December 8; • approve resolution (ATTACHED) adding Greenbrook Road to the State System of Roads; • reappoint Sonny Bullard and Tom Kemp to the Randolph County Fire Commission; • reappoint Joanna Lee to the Asheboro Planning Board; • appoint Ometa Kenan to the Area Mental Health Board; • approve resolution (ATTACHED) appointing plat review officer for the City of Randleman. Report from Randolph County Economic Development Corporation Keith Crisco, EDC Chairman, Walt Sprouse, EDC President, and Bonnie Renfro, EDC Vice President, presented the EDC's 1997 annual report. 1997 was an excellent year, with more than $101,000,000 in new investment recorded and nearly 800 new jobs created. In the Existing Industry program, 27 expansion projects were completed. The EDC presented a "Partners in Progress" award to the Randolph County Tax Department. Mr. Sprouse reported that the EDC purchased 18 acres in Liberty from the Amphenol Corporation, after Amphenol decided not to build a facility there, and plans to construct a new speculative industrial building on that property. The EDC and the Town of Liberty were successful in obtaining a $632,000 federal grant from the Economic Development Administration for the construction of new water and sewer lines and a new water tank to the EDC's speculative building site. Mr. Sprouse asked the Commissioners to redirect funding they had previously approved for water and sewer assistance for the Town of Liberty for the Amphenol Corporation facility. He requested that they retain the amount of appropriation, but to direct it to the Town of Liberty for water and sewer lines for the EDC speculative building. John Stanley, Liberty Mayor, spoke in support of this request and answered questions about the project. On motion of Kemp, seconded by Mason, the Board unanimously voted to redesignate funds previously committed to the Amphenol project to the EDC speculative building project. Audit Report Will Massie of Strand, Skees, Jones & Company, the County's independent auditor, presented the audit report for the year ending June 30, 1997. He stated that the County may wish to consider the benefit of an internal audit function. Such a position could provide management with regular assurance that departments are operating effectively and that internal controls continue to meet management's expectations. County Schools Request to Purchase Property Bob Scherer, Assistant Superintendent, requested approval for the Randolph County Schools to purchase an 8 -acre tract adjoining the Grays Chapel Elementary School at $5,000 an acre. He said that a portion of the school's current wastewater treatment facility is on that land. Parts of the property will be needed to correct problems with the current wastewater system, which is operating under a Special Order by Consent. It will also be needed to drill additional wells for the school. On motion of Davis, seconded by Holmes, the Board unanimously approved the purchase of this property for $40, 000. Budget Amendment - COPS Bob Scherer, County Schools, reported that all the projects financed through Certificates of Participation (COPS) sold in 1995 are completed and all the funds provided by the financing and the interest revenue have been completely spent. He presented the budget amendment that is needed to adjust the appropriate categories to reflect the actual expenditures. On motion of Holmes, seconded by Davis, the Board unanimously approved BudgetAmendment #5 to the 1995 Mental Health and County School Facilities Capital Project Ordinance, as follows: 1995 MENTAL HEALTH AND COUNTY SCHOOL FACILITIES CAPITAL PROJECT ORDINANCE REVENUES INCREASE DECREASE Interest Earnings 8,695 APPROPRIATIONS INCREASE DECREASE> Administration I Coleridge Elementary 5251 Tabernacle Elementary 39,396 Level Cross Elementary 39,752 Trinity High School 5,278 Eastern Randolph High 20,000 Miscellaneous School Projects 107,869 Interest Expense Debt 900 COPS Debt Service - Principal 900 Request from Social Services for New Positions Martha Sheriff, Social Services Director, reported that the State is giving each county $25,000 to enhance program integrity efforts. She requested the allocation of an Income Maintenance Worker III position to work solely on fraud in the Work First Family Assistance and Medicaid areas within the agency. Ms. Sheriff also reported that the State, in an effort to limit growth of Medicaid expenditures in North Carolina, is expanding the Carolina Access program into the 42 counties not currently under this managed care program. Part of the implementation process is the hiring of a person to be the managed care representative who coordinates the program on the local level. Randolph County is targeted to implement Carolina Access July 1, 1998, but the worker needs to be in place one month prior to the beginning of the program. Ms. Sheriff requested the allocation of an Income Maintenance Worker II, effective June 1, 1998, to handle this program. On motion of Holmes, seconded by Davis, the Board unanimously approved the allocation of an Income Maintenance Worker III immediately and an Income Maintenance Worker II, effective June 1, 1998, to the Social Services Department, and approved Budget Amendments # 30 and #31 to the FY 1997- 98 Annual Budget to fund these positions, as follows: GENERAL FUND Appropriations Increase Social Services 25,000 Revenues Increase Restricted Intergovernmental Revenues 25,000 GENERAL FUND Appropriations Increase Social Services 2,344 Revenues Increase Restricted Intergovernmental Revenues 2,344 Budget Amendment - Social Services Ms. Sheriff stated that the State has allocated additional funds for the Crisis Intervention Program, which is for Randolph County residents in life threatening situations related to cooling and heating. On motion of Davis, seconded by Mason, the Board unanimously approved Budget Amendment #32 to the FY 1997-98 Annual Budget, as follows: GENERAL FUND Appropriations Increase Social Services 16,892 Revenues Increase Restricted Intergovernmental Revenues 16,892 Budget Amendment - Social Services Ms. Sheriff stated that the State has allocated Adult Day Care funds in the amount of $52,780 for FY 97-98. She requested that half the allocation be included in the current budget since the year is half over. These funds ($26,290) require a 12.5% ($3,770) County match, which can be found in the current budget. On motion ofHolmes, seconded by Mason, the Board unanimously approved BudgetAmendment#33 to the FY 1997-98 Annual Budget, as follows: GENERAL FUND Appropriations Increase Social Services 26,390 Revenues Increase Restricted Intergovernmental Revenues 26,390 Vacancy on Board of Equalization and Review Chairman Frye announced the need to fill this vacancy by the February meeting. Budget Amendment - Sheriff Major Allen McNeill related that the County School System has requested that the Sheriff s Office purchase two additional patrol vehicles for their school resource program. The School Board has agreed to fund the two vehicles, which will be used Highway Patrol cars purchased from the State. On motion of Holmes, seconded by Davis, the Board unanimously approved the purchase of two vehicles and approved Budget Amendment #34 to the FY 1997-98 Annual Budget, as follows: GENERAL FUND Appropriations Increase Sheriff & Jail 18,070 Revenues Increase Miscellaneous Revenues 18,070 Budget Amendment - CBA Jane Leonard, Randolph County Youth Services Advisory Committee, reported that the State has allocated an additional $20,053 to Randolph County for the Community Based Alternative Programs that serve youth at risk of becoming involved in Juvenile Court. The Committee has decided to use these funds in the Youth Restitution Program that is administered by the Asheboro City Schools. On motion of Kemp, seconded by Mason, the Board unanimously approved Budget Amendment #35 to the FY 1997-98 Annual Budget, as follows: GENERAL FUND' Appropriations Increase Community Based Alternatives 20,053 Revenues Increase Restricted Intergovernmental Revenues 20,053 Budget Amendment - Mental Health On motion of Mason, seconded by Holmes, the Board unanimously approved Budget Amendment #36 to the FY 1997-98 Annual Budget, as follows: MENTAL HEALTH FUND Appropriations Increase Mental Health Expenditures 566,597 Revenues Increase Fund Balance Appropriated 100,000 Mental Health Revenues 466,597 Budget Amendment - Courthouse Addition/Renovation Proiect Frank Willis, County Manager, stated that the County's Undesignated Fund Balance on June 30, 1997 was $2,118,690 more than the previous year. He recommended that $2,000,000 of this increase be put into the Courthouse Addition/Renovation Project in order to lessen the amount the County will have to borrow to finance this project. On motion of Holmes, seconded by Kemp, the Board unanimously approved Budget Amendment #37 to the FY 1997-98 Annual Budget, as follows: GENERAL FUND Appropriations Increase Public Buildings - Maintenance 2,000,000 Revenues Increase Fund Balance Appropriated 2,000,000 Zoning Ordinance Discussion The Board discussed the proposed new zoning ordinance and the two public hearings which they had held relative to this document. They expressed their appreciation for the Planning Board's work, but felt that the final document was too comprehensive, too cumbersome, and too extreme. On motion of Mason, seconded by Holmes, the Board unanimously voted not to adopt the proposed new zoning ordinance. Public Hearing - Amendments to Ordinance Establishing Water Resources Advisory Board At 6:00 p.m. the Board adjourned to a duly advertised public hearing to consider amending this ordinance by adding a representative from Trinity, thereby decreasing the County's representatives from three to two, and by adding the County Manager as a voting member. Talmadge Baker, Water Resources Advisory Board Chairman, explained that the reason the ordinance stated that the County would have either two or three members, whichever it would take to have an odd number of members on the Water Resources Advisory Board, was in anticipation of Trinity's incorporation. Therefore, he said, he supports the proposed amendments. No one else spoke and Chairman Frye closed the public hearing On motion of Holmes, seconded by Davis, the Board unanimously adopted the proposed changes to the Ordinance Establishing the Water Resources Advisory Board (ATTACHED). Change of March Meeting Date On motion of Holmes, seconded by Mason, the Board unanimously voted to change their regular March meeting to Monday, March 9, because of the NA Co Legislative Conference being held during the first week of March. Set Date for Public Hearing on Extension of Moratorium on Intensive Swine Livestock Operations On motion of Holmes, seconded by Mason, the Board unanimously voted to hold a public hearing at 4:3 Op. m. on February 2, 1998, on the extension of a moratorium on intensive swine livestock operations. Offer to Purchase Danwood Street Property Aimee Scotton, Staff Attorney, reviewed the events that have occurred since Habitat for Humanity of Randolph County made an offer in August of 1997 to purchase a lot owned by the County and located at 908 Danwood Street in Asheboro. When this matter came to the Board on October 6, 1997, they opted to follow the procedure for sale by negotiated offer, advertisement and upset bid as set out in NCGS 160A- 269. They proposed to accept the offer by Habitat for Humanity. Notice of this offer was then published in the newspaper, and a period of ten days, during which the bid could be upset, began to run. This procedure was followed until a ten-day period passed during which no upset bid was submitted. On December 18, 1997, the current bid of $8,000, submitted by Ken Gallimore, was advertised. The ten-day period for upset bids came to a close at 5:00 p.m. on December 29, 1997. Since the 29th was a day of inclement weather, the upset bid period was kept open until close of business the following day. No upset bid was received. Under the statute, the Board can either sell the property to Ken Gallimore for $8,000, or the Board can reject all bids and decline to sell the property. On motion of Kemp, seconded by Holmes, the Board unanimously voted to sell the 908 Danwood Street property to Ken Gallimore for $8, 000. Rezoning Public Hearing At 6:30 p.m. the Board adjourned to a duly advertised public hearing to consider rezoning requests. Hal Johnson, Planning and Zoning Director, presented the following requests: 1. Larry McKenzie and Craig Branson, Asheboro, are requesting 31.48 acres on Spencer Meadow Road, Back Creek Township, be rezoned from RA to RR/CU for a 29 -lot subdivision of site -built homes. The Planning Board, by a vote of 5 to 1, recommended denial. Mr. Johnson stated that the Planning Board was concerned about the safety issue of 2 entrances from the same road and near a curve and about sewage runoff into the lake behind this property. 2. John and Carol Sheppard, Asheboro, are requesting 2.04 acres off Hwy 220 Bus. South, Cedar Grove Township, be rezoned from RA to HC/CU for 7 mini -warehouse buildings. Construction is planned in phases. The Planning Board unanimously recommended approval with the requirement that the operation be fenced after the second building is constructed. 3. Richard and Jadene Hill, Randleman, are requesting 20.32 acres on Poole Road, New Market Township, be rezoned from RA to LI/CU to allow a planned business development of 7 lots for light industrial uses. Hill is also requesting that the property be granted a 46% special non-residential intensity allocation from the watershed regulations in lieu of the 24% granted to each parcel. The Planning Board, by a vote of 5 to 1, recommended approval. 4. Paul Thomas, Asheboro, is requesting 122.12 acres on Hopewell Friends Road, Cedar Grove Township, be rezoned from RA to RR/CU to allow a restricted residential subdivision of 106 lots for site -built homes with a minimum of 1,600 square feet. The Planning Board unanimously recommended denial. They had concerns about the number of lots (106) and felt this development would be inconsistent with the area. Citizen Comments - Request #1 Larry McKenzie, 1887 Bunting Road, Asheboro, said that with a creek running through this property they probably won't get but 20-23 lots; he also stated the lake is not downhill from this property. Houses will be at least 1300 square feet, and there will be no driveways on Spencer Meadow Road. Craig Branson, 203 Westside Circle, Asheboro, said the projects he and Mr. McKenzie complete make properties more valuable. He reviewed several projects they had completed. Vic Parks, 817 Pinewood Forest Drive, Asheboro, identified himself as president of Lakewood Club, which owns 200 acres, including an 11 -acre lake, adjoining the proposed development. He said the lake is in a valley and runoff from the subdivision would have to run into the lake. He said the lake is an "attractive nuisance" and a liability with a subdivision next to it. David Carter, 1203 Mountain Road, Asheboro, showed the lake on a map and showed where the creek from the proposed development feeds right into the lake. He said an environmental impact study should be done. Paul Flecken, 267 Spencer Meadow Road, Asheboro, said the development would double traffic and that the curves on Spencer Meadow Road are dangerous, with 2 accidents occurring there recently. He said lot size is a concern and that he wants the area to remain rural. Wayne Hartley, 402 Spencer Meadow Road, Asheboro, opposed the request because of traffic, curves on the road, and the creek emptying into the lake. Ten others in attendance stood in support of Mr. Hartley's comments. Citizen Comments - Request #2 John Sheppard, 4764 Hwy 220 South, Asheboro, stated that he planned to build one mini -warehouse now, another in 2-3 years, that he may never build as many as 7, but that he asked for that many so that he would not have to come back with another request in the future. Darrell Johnson, 4864 Hwy 220 South, said that he is not opposed to the request but that he does not want Mr. Sheppard to use his road for access to the warehouses. This road used to be Countryside Acres Drive. When the 220 Bypass was built, it cut through that road and it now has no name. Mr. Sheppard has told him he will not use that road, but he wants assurance. At this point Mr. Sheppard requested as a conditional use on his request that it be designated that he never use this road (the former Countryside Acres Drive). Citizen Comments - Request #3 Jadene Hill, 6461 Lewis Davis Road, Randleman, said they plan to put their furniture distribution business at this location as well and that there are already 8 other businesses on that road. She said Archdale is growing in that direction and that this area is becoming industrial. Romie Collins, 5881 Poole Road, Archdale, said he lives on the same road as the proposed site and that businesses in a residential area lessen the value of residential property. Seven others stood in opposition to the request. Citizen Comments - Request #4 Rebecca Nance, 2321 Hopewell Friends Road, Asheboro, opposed this request because of the very high traffic volume that would be created. She added that this is a residential and farming area with no other developments there. Board Action on Requests On motion of Holmes, seconded by Kemp, the Board voted 4 to I to approve the request of Larry McKenzie and Craig Branson. Commissioner Frye voted to deny this request. On motion of Davis, seconded by Mason, the Board unanimously voted to approve the request of John and Carol Sheppard, with the conditions that the operation be fenced after the second building is constructed and that no public access be allowed to the warehouses through the road formerly known as Countryside Acres Drive. On motion of Mason, seconded by Holmes, the Board voted 4 to I to approve the request of Richard and dadene Hill, which includedgranting a 46% special non-residential intensity allocation in lieu of the 24% granted to each parcel subject to the watershed regulations. Commissioner Frye voted to deny this request. On motion of Kemp, seconded by Davis, the Board unanimously voted to deny the request of Paul Thomas. Adjournment Having no further business, the meeting adjourned. Darrell L. Frye, Chairman J. Harold Holmes Robert O. Mason Phil Kemp Robert B. Davis Alice D. Dawson, Clerk to theBoard