090710September 7, 2010
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, Frye, Haywood, Kemp and Lanier were present. Dr. Mark Key, Central
United Methodist Church, Asheboro, gave the invocation, and everyone recited the Pledge of
Allegiance.
Public Comment Period
Pursuant to N.C.G.S. § 153A-52.1, Chairman Holmes opened the floor for public comment.
No one spoke.
Approval of Consent Agenda
On motion of Frye, seconded by Kemp, the Board voted unanimously to approve the Consent
Agenda, as follows:
• approve minutes of the regular meeting and 2 sets of closed session of August 2, 2010;
• unseal closed session meeting minutes of 114110 III, 114110 VI, 114110 VII, 415110 II,
812110L -
•
/2/10I;
• reappoint Will Massie, Cheryl Ivey and Jane Leonard to the Randolph County Public
Facilities Corporation;
• reappoint Cindy Miller to the Randolph County Adult Care Home Community Advisory
Committee;
• adopt 2010 Proclamation Designating "Family Day A Day to Eat Dinner with Your
Children" on Monday, September 28, 2010, as follows:
Family Day—A Day to Eat Dinner with Your Children Monday, September 27, 2010
WHEREAS the use of illegal and prescription drugs and the abuse of alcohol and nicotine constitute
the greatest threats to the well-being ofAmerica's children; and
WHEREAS 15 years of surveys conducted by The National Center on Addiction and Substance Abuse
(CASA) at Columbia University have consistently found that the more often children and teenagers eat
dinner with their families the less likely they are to smoke, drink and use illegal drugs; and
WHEREAS frequent family dining is associated with lower rates of teen smoking, drinking, illegal
drug use and prescription drug abuse; and
WHEREAS the correlation between frequent family dinners and reduced risk for teen substance
abuse is well documented; and
WHEREAS parents who are engaged in their children's lives through such activities as frequent
family dinners are less likely to have children who abuse substances; and
WHEREAS family dinners have long constituted a substantial pillar of family life in America.
NOW, THEREFORE, the Randolph County Board of Commissioners hereby proclaim the fourth
Monday of every September as
Family Day —A Day to Eat Dinner with Your ChildrenTM
and urge all citizens to recognize and participate in its observance.
• ratify Individual Board of Commissioner poll of 8112110 for lease of 1999 van to Pamlico
County Sheriff's Department;
• approve Budzet Amendment #4 for match for CDBG for Allen Precision, as follows:
2010-2011 BUDGET ORDINANCE
General Fund—Amendment # 4
Revenues
Increase Decrease
Transfer from Economic Development Reserves
$10,975
Appropriations
Increase Decrease
Other Economic and Physical Development Approp.
$10,975
• reappoint Joe Taylor to the Nursing Home Community Advisory Committee;
• reappoint Eddie Causey and April Thornton to the Tourism Development Authority;
• approve Budget Amendment #1 to 2009 CDBG Scattered Site Project Standard Grant
Budzet Ordinance, as follows:
2010-2011 BUDGET ORDINANCE
2009 CDBG Scattered Site Housing
Amendment # I
Revenues
Increase Decrease
Program Income
$18,139
Appropriations
Increase Decrease
Rehabilitation
$18,139
Chairman Holmes read aloud the Family Day A Day to Eat Dinner with Your Children
proclamation.
Recognition of Public Library System Anniversary
Suzanne Tate, Public Library Director, said that September 1 marks the 70th anniversary of
the founding of the Randolph County Library System. On that day in 1940, the Randolph County
Commissioners appropriated $50.00 per month to help fund the system. The board also appointed
a library board of six men from various parts of the county to serve as a governing board. Those
men, appointed to serve as trustees, were Mr. G.C. Gilmore, Mr. W.P. Rodgers, Dr. C.D. Kistler,
Mr. M.E. Johnson, Mr. T. Fletcher Bulla and Mr. Charles W. McCrary. In 1940, the library
system was composed of the Franklinville Library (founded in 1924), the Asheboro Library
(founded in 1936) and the Ramseur Library (founded in November 1936). The Randleman
Library was established in 1941. The Liberty Library was established in 1942 and the Archdale
and Seagrove libraries in 1972. February 2011 marks the 75th anniversary of the founding of the
Asheboro Public Library. Beginning in 1935, a group of women bridge club members decided
that a public library was needed in Asheboro and set about starting one. The group was
comprised of Dorothy Whitaker, Carrie Brittain, Betsy Armfield, Virginia Barker, Margaret
Hammond, Alice and Dorothy Lewallen, and Elizabeth and Lucy Clyde Ross. They held
fundraisers and went door to door collecting books, hence "the little red wagon brigade" was
formed. On February 10, 1936, the library opened in a room over Standard Drug Company. All
the books were checked out the first day. The Asheboro Public Library Foundation and the
Friends of the Library are planning several special events to celebrate this occasion.
Ms. Tate thanked the Commissioners for their continuous support of public library service in
Randolph County.
NCACC Risk Management Pools Award Announcement
County Manager Richard Wells said that the County was presented a 2010 Group Benefits
Pool Award from the NCACC Risk Management Pools at the NC Association of County
Commissioners annual meeting in Greenville, NC in August. The award is in recognition of
recording the largest increase in use of the mail order prescriptions program of all county
members.
Addition to Agenda
Chairman Holmes announced that Item K Closed Session -Economic Development [N. C. G. S.
143-318.1 ](a) (4)] had been added to the agenda.
Request and Approval of Reclassification Study
Personnel Director Stacy Griffin said that the last time Randolph County contracted for a full,
independent classification study was in October 1989. Best practice indicates that a thorough
classification study (studying salary, job duties and exemption status) should be conducted every
5-7 years. It has been 21 years since Randolph County's last comprehensive study. Instead of a
full study, Randolph County Human Resources has annually solicited data since 2000 on 18-24
line positions, 19 Dept. Head positions and County Commissioner and County Manager salaries.
This "mini salary survey" has been conducted with 13 contiguous and comparable
(size/population) counties (Alamance, Chatham, Davidson, Guilford, Montgomery, Moore,
Cabarrus, Catawba, Iredell, Orange, Rockingham, Rowan, and Union) and has been based on job
title only, not job duties. The survey results have been mixed. We are market competitive on
some positions and below market on others. As a result of not conducting a classification study
for so long, the following has occurred:
• FLSA Exemption status is an issue. We have some misclassifications that could possibly
lead to costly fines. Exemption status needs to be firmed up on all positions, which is a very
involved comprehensive process of looking at job duties for each position.
• The majority of class specifications are outdated (over ten years since latest revision). As a
result, many employees may be performing duties well above or below their class
specification and thus, are misclassified in the pay plan. In addition, ancillary "job
descriptions" are floating around. Sometimes these job descriptions match the class
specification, sometimes they do not. A study will combine the updated class specification
and job description into one document and eliminate multiple documents. A study will also
ensure that accurate physical requirements are noted in the job descriptions per compliance
with the Americans with Disabilities Act (ADA) guidelines.
• Our pay ranges may not accurately reflect the fair market value of a position. Given the 21
years that have lapsed since a comprehensive study, coupled with pay ranges based on many
outdated specs, we need to update and reassess which positions fall into which ranges and
ensure we are correct in assessing the market value of a specific position.
Ms. Griffin said that now is a great time to implement a study for the following reasons:
• We have not had a study in 21 years.
• The compensation market has not moved significantly since late 2008. Salaries have
remained flat for the most part and where furloughs and salary adjustments have taken place,
even decreased. We will get a much more realistic and less inflated study by doing it at this
time.
• A study indicates that County Administration believes updating our Classification plan is
important by taking steps to position ourselves to take action when the market moves
forward.
Ms. Griffin said that in March 2010, Request for Proposals for a county -wide Classification
Study were solicited from three reputable vendors:
• The Archer Company — • Springsted, Inc. - • Piedmont Triad Council of
Rock Hill, SC Richmond, VA Governments - Greensboro, NC
Ms. Grifffin's recommendation is Springsted, Inc. for the following main reasons:
• They are a "Preferred Provider" of services for the North Carolina Association of County
Commissioners (NCACC). This ensures that their work will not only meet our expectations,
but those of NCACC, as well.
• They came highly recommended from other County HR Directors, and we have seen their
work firsthand from participating in their studies for other counties. They are thorough and
comprehensive, yet not overbearing in their approach to the study.
• They are the only vendor that recognized the difficult economic situation we are facing and
thus, offered to conduct the study now, yet bill us for the study over a three-year period.
• Their proposal pricing includes helping us create various scenarios to address study findings
and includes future support in reviewing jobs that we classify on our own (future) to ensure
we are using the system correctly. They will also train Randolph HR staff to maintain the
system in house.
• Our primary contact would be a past County Manager who works with counties all over the
U.S. He and his team can help us as we look at cost cutting initiatives and creative ideas for
addressing the findings.
Ms. Griffin said that, upon approval, the study would begin in October 2010 and conclude in
December 2010. Findings would be presented to the County in January 2010. The cost of the
study is $44,800 spread over three years (roughly $14,934 per year). Included in this proposal is
a full study of 122 General Government and 72 Competitive Services (Office of State Personnel
— DSS and Health) positions. These numbers do not reflect any positions in the Sheriff s Office
as the Sheriff has declined to participate in the study.
Ms. Griffin mentioned that the County had recently received a Workman's Comp premium
refund in the amount of $32,553 that could be applied to the $44,800 cost, which would leave a
balance of only $12,247.
On motion of Kemp, seconded by Frye, the Board voted 3-2, with Haywood and Lanier
opposing, to approve a classification study at a cost of $44,800 spread over three years, to be
completed by Springsted, Inc., as requested, and to use the $32,553 Workmen's Comp refund to
help offset the cost of this study.
Approval of Construction Easement Across County Property
County Attorney Aimee Scotton stated that the City of Archdale (City) has received a grant
from the Safe Routes to School Program (administered by the North Carolina Department of
Transportation) that will allow the City to construct sidewalks in some areas, including an area
along Balfour Drive. Pursuant to this grant, the City has two years to complete the construction,
but the plan is for the construction to take place next summer.
The City has requested that the County grant it a temporary construction easement extending
twenty feet from the existing public right-of-way along Balfour Road along the length of the
County's property at 402 Balfour Drive. Once completed, the construction of this sidewalk
should enhance the value of the County's property.
On motion of Frye, seconded by Kemp, the Board voted unanimously to approve a temporary
construction easement across County property at 402 Balfour Drive, along Balfour Road, in
Archdale, as requested, and to authorize the Chairman and Clerk to execute the document.
Public Hearing and Approval of Economic Incentive Grant for Seagrove Water Line
Extension
Bonnie Renfro, Economic Development Corporation Executive Director, said that the Town
of Seagrove is seeking an Economic Infrastructure Grant from the NC Rural Center to fund
extension of a water line to the site for a proposed grocery store and the construction of a sewer
line with regional pump to service the grocery site and two businesses that have committed to job
creation. A local businessman plans to open Fresh Cuts Grocery to serve Seagrove and southern
Randolph County on a 1.58 -acre site located at 137 N. Broad St. in the central business district of
Seagrove, which is not served by water or sewer service. The business will create six full-time
jobs and involve construction of an 11,472 sq. ft. facility with investment estimated at $2 million.
No grocery currently exists in Seagrove or southern Randolph County.
The proposed grocery would require extension of a 6 -inch water line located 150 feet from
the site. Sewer construction includes 900 linear feet of 8 -inch gravity sewer to a pump station
and construction of an 800 -foot, 4 -inch force main to connect to an existing force main line. The
pump station would be located and sized to accommodate future customers from surrounding
pottery studios, galleries, museums and commercial businesses and the NC Pottery Center.
Ms. Renfro also said that 4 Seasons Furniture is located at 105 East Avenue in Seagrove and
employs 52 workers. The business is co -located with H&H Furniture and Chief Express,
collectively the Town's largest employment center, but does not have sewer access. With the
proposed new infrastructure, the company will create nine new jobs to meet increased market
demand.
Ms. Renfro presented the following estimate for the project:
$290,940 project cost
$145,485 grant from NC Rural Center
$ 15,000 required 5% local grant match from local government (equally split between
Seagrove and Randolph County at $7,500)
$130,455 to come from the developer and local business owners in Seagrove
At 4:50 p.m., Chairman Holmes opened the floor for public comment on this economic
development project. Hearing no comments, the public hearing was closed.
On motion of Haywood, seconded by Lanier, the Board voted unanimously to approve a
$7,500 economic incentive grant to the Town of Seagrove for extension of a water line to a new
grocery and construction of a sewer line to service two businesses that have committed to job
creation. The incentive is contingent upon the Town of Seagrove successfully acquiring a NC
Rural Center Water/Sewer grant and the Town of Seagrove providing like economic incentives of
its own.
Approval of Contract with Solid Waste Consultant for Study of Regional Landfill
David Townsend, III, Public Works Director, said that County staff has been negotiating a
contract with Golder and Associates for analysis of the feasibility of developing a County
regional landfill. The contract, for professional services only, totals $95,000. However, the
contract does provide for extra services, i.e., soil borings and surveying, which will be bidded out
separately. Mr. Townsend asked the Board to approve the contract.
On motion of Frye, seconded by Lanier, the Board voted unanimously to approve a contract
with Golder and Associates in the amount of $95, 000 to determine feasibility of a County
regional landfill.
Approval of Purchase of Ambulances
Emergency Services Director Donovan Davis said that in October 2009, Randolph County
Emergency Services issued a Request for Bids for two 2009 or later Chevy 4500 Type III
ambulances. Mr. David reminded the Board that on November 2, 2009, the Board awarded the
bid to Southeastern Specialty Vehicles (SSV). SSV has agreed to extend this previous bid
amount for the additional purchase of two new 2010 Chevy 4500 Type III ambulances at the
same price, $232,382.00 ($116,191 each). Due to new emission standards and the additional
costs of 2011 models, this purchase will save the County approximately $10,000.00 per
ambulance. North Carolina General Statute 143-129(g) allows the waiver of the formal bid
process when that process has been completed within the previous twelve months for the same
apparatus, supplies, materials or equipment when the governing board determines that it is in the
best interest to do so. In order to take advantage of these provisions, the decision to waive the
bidding requirements and award the bid must be made by the governing board. Pursuant to
NCGS 143-129(g), notice of the intent to waive the bidding requirements was duly published on
8/8/10. Mr. Davis asked the Board to waive the formal bidding process and to authorize the
purchase of two ambulances.
On motion of Kemp, seconded by Frye, the Board voted unanimously to waive the formal
bidding process for purchase of ambulances according to State law and to authorize the
purchase of two 2010 Chevy 4500 Type III ambulances from Southeastern Specialty Vehicles at
their previous bid price of $116,191 per ambulance for a total cost of $232,382, as requested.
Radio Frequency Committee's Recommendation on FCC's Mandated Radio Changes
Emergency Services Director Donovan Davis reminded the Board that on August 2, 2010, he
presented the Radio Frequency Committee's recommendation to move to the NC VIPER radio
system in order to comply with the Federal Communication Commission's mandated narrow -
banding regulation changes. Mr. Davis asked the Board's approval on the following:
1. Approve the NC VIPER 800 mhz radio system for Randolph County public -safety agencies.
2. Approve the budget amendment to allow the County to move forward in purchasing the
necessary equipment for the 9-1-1 Center and countywide paging system. All necessary
equipment is available through NC State contracts. This budget amendment will utilize
available 9-1-1 emergency telephone system fund only.
Mr. Davis also asked the Board's consideration in regards to the necessary funding that the
fire and rescue departments will need in order to comply with the mandated change. He said that
the Board of Commissioners must decide if the County will invest public funds to assist the fire
and rescue agencies. These agencies have collectively applied for an Assistance for Firefighter
Grant (AFG), but will not find out the results for several weeks. Many fire departments have
indicated that it will be difficult for them to fund the 20% match of the grant. If the Board of
Commissioners decides to provide assistance, Mr. Davis provided several options for
consideration, but noted that no decision would be required immediately. The total amount for
the fire/rescue project, initially, with a minimum number of radios, is $1,722,000.
Option 1: Increase the fire districts tax rate
Option 2: Fund the Fire/Rescue agencies 20% match of the Assistance for Firefighter Grant
(AFG) @ $344,400
Option 3: Fund the entire project for Fire/Rescue agencies if they don't receive the AFG @
$1,722,000
Option 4: Fund the Fire/Rescue agencies 80% with local Fire/Rescue 20% match @ $1,377,600
(F/R match $344,400)
Option 5: Fund 50% for the Fire and Rescue agencies with local Fire and Rescue 50% match @
$861,000 (F/R match $861,000)
Option 6: Provide interest-free loan(s) for individual agencies, as needed.
Note: The amount listed for the Fire/Rescue departments includes only the necessary amount for
them to get started on the VIPER system. It does not include additional equipment that may be
required (i.e., mobile repeaters or additional portables/mobiles).
Mr. Davis also provided tentative timeline and estimated cost for the VIPER Radio Project,
as follows:
September 7, 2010 ......................
September — December, 2010........ .
September — February, 2011...........
January 2011 —January 2012........ .
July 2012 .................................
Adopt VIPER for Randolph County
Purchase and Install 9-1-1 Equipment
Purchase and Install Paging Equipment
Purchase Portable & Mobile Radios
Deadline for Project Completion
On motion of Haywood, seconded by Kemp, the Board voted unanimously to approve the
recommendation of the Radio Frequency Committee to move forward with the changeover to the
NC VIPER 800 mhz radio system for Randolph County public -safety agencies, utilizing available
9-1-1 emergency telephone system funds to begin purchasing the necessary equipment for the
911 Center and countywide paging system and to approve Budget Amendment #5, to effect the
transfer of these funds, as follows:
2010-2011 BUDGET ORDINANCE
Emergency Telephone System Fund
Estimated Radio Costs
Revenues
Increase Decrease
Agency
Portable Radios
Mobile Radios
Pagers
Total Per
911 fund eligible
$1,485,750 minus 911 eligible
$3,804,764 Combined
$3,207,750 minus 911 eligible
$3,000 $3,000$450 Agency
Emergency 8 3 6 $35,700
EMS 24 16 24 $130800
911 Center & Paging 597 014
Fire Marshal 5 5 5 $32,250
Sheriff 237 180 0 $1,251,000
Public 6 6 $36,000
TOTAL 280 210 35 $2,082,764
Ash -Rand Rescue 32 18 0 $150000
Fire Departments 345 179 0 $1,572,000
TOTAL 377 197 0 $1,722,000
Archdale PD Already on 800 mhz 0 0 $0
Asheboro PD 80 55 0 $405,000
Liberty PD 15 7 0 $66,000
PTRWA Lake Wardens 10 6 0 $48,000
Ramseur PD 15 7 0 $66,000
Randleman PD 15 7 0 $66,000
Seagrove PD 7 3 0 $30,000
TOTAL 142' 85 0 $681000
TOTAL 799 492 35 $4,485,764
Subtract 911 Fund ($597,014)
PROJECT GRAND TOTAL $3,888,750
*Equipment is available on NC State contract(s)
On motion of Haywood, seconded by Kemp, the Board voted unanimously to approve the
recommendation of the Radio Frequency Committee to move forward with the changeover to the
NC VIPER 800 mhz radio system for Randolph County public -safety agencies, utilizing available
9-1-1 emergency telephone system funds to begin purchasing the necessary equipment for the
911 Center and countywide paging system and to approve Budget Amendment #5, to effect the
transfer of these funds, as follows:
2010-2011 BUDGET ORDINANCE
Emergency Telephone System Fund
Amendment # S
Revenues
Increase Decrease
Appropriated Fund Balance
$850,000
Appropriations
Increase Decrease
Other Public Safety
$850,000
Demonstration of State Treasurer's Financial Condition Dashboard
Finance Officer Will Massie provided a demonstration of a web -based dashboard on County
and Municipal Fiscal Analysis, which is a management tool that helps local governments in
North Carolina analyze and communicate their financial condition. This tool is the result of a
collaborative effort between the Department of State Treasurer and the NC School of
Government.
Closed Session—Economic Development
At 5:50 p.m., on motion of Frye, seconded by Kemp, 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 N. C. G. S. 143-318.11(a) (4).
Regular Session Resumed
At 6:12 p.m., the Board returned to regular session.
Recess
At 6:12 p.m., the Board took a short recess.
Rezoning Public Hearing and Action
At 6:35 p.m., the Board reconvened to a duly advertised public hearing to consider a
rezoning request. Hal Johnson presented the following request, and Chairman Holmes opened
the public hearing for comments on the request and closed it before taking action.
TONY MCDOWELL, Asheboro, North Carolina, is requesting that 136.90 acres (out of
195.66 acres) located at 2473 Falling Oak Road, Concord Township, be rezoned from
Residential Agriculture to Rural Industrial Overlay—Conditional District. Tax ID# 7619762602
and 7619852293. Rural Growth Area. The proposed Conditional Zoning District would
specifically allow the processing and manufacturing of forest related products, which would
include the lumber mill and pallet making facility that is currently in operation.
Hal Johnson, County Planning Director, said that this is the second request for Rural
Industrial rezoning since enactment of the 2009 Randolph County Growth Management Plan, the
other request being for a Solar Energy facility located in southern Randolph County. Mr.
Johnson presented the history of the County's rural industrial growth management policies as
they relate to existing growth patterns and the current economic challenges faced by Randolph
County, as follows:
Beginning in the late 1980's and early 1990's, Randolph County began experiencing
population and related residential growth of almost unprecedented proportions. As a result, the
Board of County Commissioners asked that a Growth Management Plan be developed that
would provide guidance on how and where growth would occur. In 2002, the Board of County
Commissioners adopted Randolph County's first Growth Management Plan. This plan was very
effective in providing guidance on issues related to major residential subdivision developments.
However, the 2002 Growth Management Plan did not provide adequate policy guidance that took
into consideration rural industrial and commercial operations that would normally require large
acreage and general proximity to rural resources.
As Randolph County entered the first decade of the 21st Century, it was difficult to foresee
the sustained economic recession that would befall not only the county, but North Carolina and
the nation. Our economy had begun to change with increased global competition and the loss of
many traditional manufacturing jobs to other countries, and these changes have particularly
impacted Randolph County. In June 2009, the unemployment rate in Randolph County was
12.3%, which exceeded both the North Carolina (11.3%) and National (9.5%) rates. In 2008 &
2009, business closings and layoffs affected over 1400 Randolph County citizens, with 13.6% of
county residents living below the poverty level in 2009 (compared to 9.8% in N.C.).
Among the challenges facing Randolph County as we approached the end of the first decade
of the 21st Century would be the continued necessity to strengthen the rural economy by
increasing economic activity to create new jobs while maintaining existing employment
opportunities, and to expand the tax base of Randolph County. As a result, in April 2009, the
Board of County Commissioners approved revisions to the Growth Management Plan and
Zoning Ordinance that provided policy guidance designed to implement these rural economic
development goals.
Randolph County is approximately 793 square miles. Of this area, 675.9 sq miles (85.6%) is
located within the planning jurisdiction of the Board of County Commissioners. A total of 368.2
sq. miles (46.6%) is located within areas defined as "Rural Growth Areas" on the Growth
Management Plan. Within this 368.2 sq. miles of Rural Growth Area, there currently exist over
80 individual industries and businesses, located in all geographic areas of the county.
One of the unique characteristics of the new Rural Industrial Zoning District is the
requirement that 30% of the property be maintained as "Open Space." The site plan for
McDowell Lumber Company reflects 48 acres designated as open space (out of the 136 -acre
tract). Open space is designed to provide a low density buffer between the Rural Industrial
activities and adjoining neighbors. Activity that is normally allowed in a Residential Agricultural
District, such as agricultural and residential, is allowed within the area designated as "open
space."
Concern was expressed at the August 3, 2010 Planning Board meeting that Old NC Highway
49 (SR 1193) was not designed to accommodate increased truck traffic. Planning staff met with
the local NCDOT engineer, Justin Bullock, and was told that the traffic count on Old NC
Highway 49 was considered low. Staff was also told that no unexpected adverse affects had been
seen on the pavement from existing traffic (truck or other). Should this occur, NCDOT routinely
makes the appropriate repairs or improvements dependent upon specific conditions.
The site plan submitted by McDowell Lumber Company meets the intent and conditions
required of Rural Industrial districts outlined in the Zoning Ordinance. The plan has been
reviewed and recommended for approval by the Technical Review Committee and the County
Planning Board. The site plan reflects that new development would be located in areas of the
site that would lesson impacts to adjoining agricultural and residential properties. Existing
buffers consisting of evergreen trees, planted in 2005, are reflected on the site plan and will be
required to be maintained. As a condition of final approval, the Zoning Ordinance requires
Compliance Monitoring on an annual basis. The applicant is required to furnish the County
Planning Department, on an annual basis, information showing that it is in compliance with
applicable state and federal guidelines pertaining to dust, noise, and related erosion and
sedimentation control regulations.
The County Planning Board reviewed the request of McDowell Lumber Co. at public
meeting on August 3, 2010, and recommended unanimously that the request be approved. The
Planning Board noted numerous statements and policies contained in the Randolph County
Growth Management Plan, adopted by the Board of County Commissioners on April 6, 2009,
and by additional Resolutions of the Board of County Commissioners, dated July 6, 2009 and
September 1, 2009, that support a Determination of Consistency for approval of the Rural
Industrial rezoning request, as follows:
1: Land use policies are designed to recognize that sustainable economic growth,
environmental protection, and rural quality of life, can be pursued together as mutually
supporting public policy goals. One goal does not necessarily exclude the other. (Page 1,
GMP)
2: The 2009 Randolph County Growth Management Plan focuses on the physical growth
necessary to sustain and support future rural economic development of Randolph County. (Page
1, GMP)
3: As our economy continues to change with the loss of jobs, and global competition, the
characteristics of rural industry and commerce are also evolving. With proactive county Growth
Management Policies, there could be opportunities for rural industry to be located within Rural
Growth Areas without causing unacceptable disturbance to the rural community. (Page 2,
GMP)
4: The unique economic challenges faced by large counties in the 21s' Century include the
necessity to enhance rural economic development, rural employment opportunities, and the
County's tax base, by accommodating industrial/commercial activities that require proximity to
rural resources. (Page 2, GMP)
S: To provide additional public policy support for Randolph County's critical needs in job
development and diversification, the 2009 Randolph County Growth Management Plan provides
greater flexibility in enhancing rural economic development and rural employment opportunities
by seeking to accommodate industrial/commercial activities requiring proximity to rural
resources. (Page 3, GMP)
6: The Randolph County Growth Management Plan outlines growth management corridors
and policies that build sustainable development principles by reshaping residential and rural
industrial development patterns with the intent to strengthen our local economy, create and
sustain jobs, while protecting our environment and rural resources. (Page 8, GMP)
7: Individual rezoning decisions are dependent upon the scale of the proposed development as
it relates to the specific site and location. Sustainable rural economic growth, environmental
protection, and rural quality of life, shall be pursued together as mutually supporting growth
management goals. With appropriate site conditions, one goal does not necessarily exclude the
other. (Page 10, GMP)
8: The characteristics of rural industry and commerce are constantly evolving, and there are
opportunities for rural businesses and industry to be located in Rural Growth Areas without
causing unacceptable disturbance or substantial adverse impacts to the rural community. (Page
12, GMP)
9: Policies of the Growth Management Plan are designed to recognize that it is not always
appropriate to separate rural industry and commerce from communities for whom they are a
source of employment. (Page 12, GMP)
10: In Rural Growth Areas, rezoning requests necessary to sustain the rural economy shall be
weighed with the need to protect the rural area through the use of site specific and conditional
zoning. (Page 13, GMP)
11: Enhance rural development and rural employment opportunities by providing zoning
districts where appropriate industrial/commercial uses requiring proximity to rural resources
can be located. (Page 16, GMP)
12: Site specific development plans and the use of building location, natural buffers, and
landscaping will be utilized with the goal of lessening adverse impacts. (Page 25, GMP)
13: Rural Industrial Districts are anticipated to accommodate industrial and commercial
activity requiring proximity to rural resources. (Page 25, GMP)
The following Policy Guidelines of the 2009 Randolph County Growth Management Plan
support a Determination of Consistency recommending approval of the McDowell Lumber
Company rezoning request:
Policy 1.1. Sustainable economic development, environmental protection, and quality of life,
shall be pursued together as mutually supporting public policy goals.
Policy 1.7. Planning and development decisions should be based on the principle of promoting
investment in Randolph County to expand employment opportunities while preserving and
improving the quality of life for all Randolph County residents.
Policy 3.6. Randolph County should encourage the use of performance based rural industrial
overlay zoning when the use of large acreage, natural buffer, and extensive landscaping would
not have substantial adverse impact upon the general area growth characteristics, and the
location of such a site would substantially increase economic activity, job creation, and the tax
base of Randolph County.
Policy 3.7. Sustainable economic growth, environmental protection, and quality of life shall be
pursued together as mutually supporting growth management goals.
Policy 3.8. Provide for sites in Rural Growth Areas where industrial activity requiring proximity
to rural resources could locate; with the goal of increasing economic activity, job creation, and
the tax base of Randolph County.
Policy 3.9. Individual rezoning decisions with Rural Growth Areas will depend upon the scale of
the development, and the specific nature of the site and its location.
Policy 3.11. New rural industrial development shall be located in areas of the site that would
lesson impact to adjoining residential and agricultural lands.
Policy 3.12. New rural industrial development should provide site specific development plans
along with vegetated buffers or other landscaping designed to reduce substantial impacts to
adjoining land uses.
Policy 7.6. Stormwater impact should be minimized by designing new development in a manner
that minimizes concentrated stormwater flow through maximizing the length of stormwater sheet
flow through vegetated buffer areas.
Policy 8.4. Randolph County should approach land use and economic development decisions,
not as isolated individual issues, but as part of a larger interconnecting framework of building
sustainable growth with the county.
The following policies contained in the Board of County Commissioner Resolution Adopting the
2009 Randolph County Growth Management Plan, dated July 6, 2009, support a Determination
of Consistency with rezoning approval for the McDowell Lumber Company request:
1: Recognize that sustainable economic growth, environmental protection, and rural quality of
life can be pursued together as mutually supporting public policy goals
2: Recognize that growth management policies should afford flexibility to Randolph County
boards and agencies that will enable them to adapt to the practical requirements often necessary
for rural development;
3: Ensure the opportunity for landowners to achieve the highest and best uses of their land that
are consistent with growth management policies in order to protect the economic viability of the
County's citizens and tax base.
On September 1, 2009, the Randolph County Board of Commissioners unanimously adopted
a "Resolution Designating Randolph County As A Recovery Zone Pursuant To The American
Recovery and Reinvestment Act of 2009 ". The following elements of that Resolution support the
Determination of Consistency that approval of the McDowell Lumber Co. rezoning requests
meets the intent of Rural Industrial Overlay Zoning Districts: (the following is a summary of the
September 1, 2009, Board of Commissioner Resolution designating Randolph County as a
recovery zone):
WHEREAS, the June 2009 unemployment rate in Randolph County was 12.3% as compared
to North Carolina's rate of IL 2% and the National rate of 9.5%; and
WHEREAS, business closings and layoffs in Randolph County during 2008 affected 743
citizens countywide, and 716 citizens so far in 2009; and
WHEREAS, Randolph County's rate for families below poverty level is 13.6% as compared
to North Carolina's rate of 9.8%; and
WHEREAS, the manufacturing sector sustained its highest US job loss over the last 10
years; and
WHEREAS, manufacturing comprised 34.87 % of Randolph County's workforce in 2008;
and
NOW THEREFORE, BE IT RESOLVED, by the Randolph County Board of Commissioners
that after a thorough review of County maps and data detailing high poverty levels, foreclosure
risk, historically underutilized business zones, unemployment above the state and national
average for two years, and United States Department of Housing and Urban Development low
or moderate income census tracts, and after consideration of other relevant factors, the Board of
Commissioners hereby designates Randolph County as a Recovery Zone pursuant to the Notice
and the Code. The County hereby declares that such designation has been made in good faith
and in a reasonable manner.
Ben Morgan, attorney for the applicant, presented a timeline of the company and its zoning
history. McDowell Lumber Company (MLC) has been in operation since 1977. The County
enacted countywide zoning in 1987, at which time MLC property to the west of Falling Oak Rd.
was zoned Residential Agricultural and the MLC property to the east of Falling Oak Rd. was
zoned Light Industrial. This split zoning, which was inadvertently done in error, was discovered
in 2003, when MLC applied for a building permit. One other lumber mill in Randolph County
was also incorrectly zoned. In 2004, MLC attempted to rezone the 35 acres that had been
incorrectly zoned as Residential Agricultural to a Heavy Industrial -Conditional Use
classification. The Board of County Commissioners approved this and required buffers as a
condition of the new zoning, which the applicant, Tony McDowell, met. Opponents, neighbors
Maxton and Wanda McDowell and Claude and Barbara Winslow, sued, claiming that the
rezoning was illegal spot zoning. In 2005, the state Superior Court ruled in favor of the
opponents. That decision was appealed to the Court of Appeals. The Court agreed in part with
the petitioners and with the applicant, and the zoning reverted to the original zoning in 1987. Mr.
Morgan said that although the original zoning requires no buffers, Mr. McDowell has maintained
all the existing buffers on the property. In 2008, Claude and Barbara Winslow filed a nuisance
complaint against MLC with the County Board of Adjustment, asking the County to order
demolition of improper operations on the property. A Randolph County jury ruled in favor of
MLC, holding that the operation of the lumber mill did not constitute a nuisance. About two
months after that decision, the opponents of the rezoning appealed a decision of Hal Johnson to
the Randolph County Board of Adjustment. In this appeal, the opponents asked for the
demolition of all structures built after October of 2004. The Board of Adjustment ruled against
the opponents. The opponents then appealed that matter to Superior Court, where the judge ruled
in favor of the County. The McDowells and Winslows appealed that decision to the State Court
of Appeals where the case was dismissed due to the plaintiffs' failure to produce proof of injury.
Bonnie Renfro, Randolph County Economic Development Corporation President, said that
the EDC's highest priority is the County's retention of its existing industries. The EDC was a
supporter of the amendments to the County's Growth Management Plan in 2009 and continues to
support any action that supports job growth and job creation, especially in this challenging
economy where so many of Randolph County's citizens are unemployed.
Ben Morgan spoke again, saying that MLC is responsible for the employment of 120 people.
Opponents have requested the removal of the pallet operation. But relocating the pallet operation
is estimated to cost $3.5-$4 million.
Teresa Durham, President of Safety -Net, Inc., said that she was hired in 2004 by MLC to
oversee and monitor the operations of the business to make sure that the company remains
compliant with all OSHA, NCDOT and NC DENR regulations. She said that MLC has never had
any problems with compliance. She said that air quality inspections are performed monthly and
water quality inspections are done quarterly. Noise levels are also monitored. OSHA made a
surprise inspection and MLC received a perfect evaluation. She said that this is one of the best
companies with which her firm works as far as compliance goes. She said that MLC is up-to-date
on all inspections, and there are no outstanding or current violations. She said that she had not
received a copy of the Winslow's most recent complaint to NC DENR about dust and poor air
quality.
Ben Morgan gave a copy of the July 2010 complaint by Claude Winslow to the
Commissioners for the record.
Greg White, 1677 Richardson Farm Rd.; Sophia, NC, said that he had been an employee of
MLC for 15 years and was speaking on behalf of all of the employees. Mr. White said that the
last six years have been difficult because the complaints and lawsuits are always hanging over
everyone's heads. He said that it would be nice to add a new piece of equipment or a new
building to make operations more efficient but that can't be done because they always hear,
"we're not zoned right." Mr. White said that he respects the rights of the opponents but this
company is his and the other employees' livelihoods; if MLC can't grow and compete, it will
negatively affect the employees. He asked the Board to protect the employees of MLC and to
please fix the zoning problem so they can grow.
Ben Morgan asked those who appeared in support of the rezoning to stand. Approximately
40 people stood in support of Tony McDowell's request. Ben Morgan asked those who appeared
in opposition of the rezoning to stand. Approximately 7 people stood in opposition to the request.
Mr. Morgan said that the applicant has no plans to expand his operation at this time. He said
that the site plan shows future buildings, but these were put on the plan at the request of the
Planning Department to show where any future structures should be placed. Mr. Morgan said
that any future expansion would have to be approved by the Planning Board.
Mr. Morgan addressed the issue of spot zoning, which was the basis for the ruling in the
prior decision. Mr. Morgan said that the applicant's request passes the Chrismon spot zoning
reasonableness analysis, as follows: 1) the size of the tract to be rezoned: the 137 acres falls
within the preferred range, and no decision has ever invalidated a rezoning based on spot zoning
when the tract is larger than 50 acres; 2) compatibility with surrounding areas and with the
County's comprehensive zoning plan; 3) detriment to neighbors: Mr. Morgan said that a
Randolph County jury found no evidence of nuisance to the community and that the local
economy would suffer without this business; 4) compatibility of uses: Mr. Morgan recounted
Teresa Durham's testimony that the location of MLC is not unusual when compared to the
locations of other lumber companies; they are generally located in secluded areas. Mr. Morgan
noted that MLC has gone to great lengths to be a responsible business and to maintain buffers to
the properties of the Winslows and the Maxton McDowells.
County Attorney Darren Allen asked for a breakdown of the company's 120 employees
and what the company's payroll is.
Mr. Morgan gave the following information:
72 employees that work at the lumberyard
30 loggers that work for MLC
2 timber contractors
12 outside contractors
Kathy Tysinger, MLC's Secretary, said that she had been employed by MLC for 18 years.
She said that the company's payroll is approximately $90,000/2 weeks and the company pays the
loggers $150,000-$200,000/week.
Vice Chair Frye asked what the applicant's plans are for the 137 acres if it is rezoned.
Ben Morgan said that Mr. McDowell plans to continue with his current operations and that
there are no plans for expansion. If at some point the owner wants to add another building, he
would have to come before the Planning Board.
Patricia Crawford, 5166 Old NC Hwy 49 S., said that she has lived at the entrance of MLC
since 1999. She said that she was not speaking in an attempt to shut down MLC. Her concern is
about increased traffic and hours of operation. If the economy turns around she wants to know
what to expect: will there be transfer trucks in and out of the property 24/7? She noted that most
of the people who stood in support earlier don't live near the property. She also disagreed with
NCDOT's analysis that there is a low traffic count on Old NC Hwy 49.
Ben Morgan said that the applicant would not want hours of operation to be a condition of
the rezoning due to the need for overnight deliveries.
Bob Hornik, attorney representing Maxton and Wanda McDowell and Claude and Barbara
Winslow, said that his clients have never wanted to shut down MLC. They only want to limit
future growth and argued that the proposed rezoning classification (an overlay district) is a "wolf
in sheep's clothing" and could lead to abuse by the property owner.
Three people stood in opposition of the request. These three live next door to MLC.
Mr. Hornik suggested that the 1987 zoning was done correctly, saying that the Residential
Agricultural classification was the appropriate classification. He said that the term "forest related
products" is too broad and could encompass hundreds of different types of products. Mr. Hornik
said that if the Board denies the rezoning request, there won't be any detriment to anyone. He
urged the Board to "stop the bleeding" so there won't be any more growth. He said that the
proposed overlay district is spot zoning. He asked the Board to deny the request.
Barbara Winslow, 5179 Old NC Hwy 49, said that she lives next door to the sawmill. She
doesn't want to close down the business but wonders why Tony McDowell put the operation that
produces the loud noises right next to them. Ms. Winslow said that she has been in poor health
for the last year and finds it hard to recuperate when the noise at 6 a.m. is so bad; she has to wear
earplugs to sleep. She contends that the noise doesn't impact Mr. McDowell as much because he
lives in the woods. She said they hear trucks all day and night. There are workers there making
noise at 5 a.m. on Saturdays. She can't understand why Mr. McDowell put the pallet operation so
close to her house. She spoke about the bumpy road created by the hundreds of trucks that travel
Old 49. Ms. Winslow said that her husband invited the Commissioners to come and hear the
racket during the day; no one came. She said that the only time she can enjoy their deck is on
Saturdays and Sundays. Ms. Winslow said that to be a good neighbor one should think about
how his actions affect neighbors. They can't find a tenant willing to rent their rental house. She
suggested that Tony McDowell move the pallet operation somewhere else on his 100 acres of
land.
Claude Winslow, 5179 Old NC Hwy 49, said that he has no problem with the employees of
MLC. He said that it has been six years since he has been able to rent his rental house because it
is 50-75 feet from the pallet operation. He distributed photos that he claimed showed that some
of the Leyland Cypress trees near his property were being removed. Commissioner Lanier
remarked that it looked like those trees were dying. Mr. Winslow responded that he was glad that
dead trees were being removed. Mr. Winslow said he didn't understand how MLC could have
hired 51 people since the Planning Board meeting when it was stated that the company employed
only 69 people. Mr. Winslow asked Mr. Morgan where he got the estimate of $344 million to
move the pallet operation.
Mr. Morgan said that it was a reputable source.
Mr. Winslow said that he has an estimate of $500,000 to move the operation.
Kim Hoffman, 757 Stoney Creek Dr., Asheboro, said that she is the daughter of the
Winslows and added that she doesn't live anywhere near MLC. She said that she always planned
to build near her parents' home but doesn't want to raise her daughter there because of the
negative impact of MLC. She claims that there should be a compromise to this situation and that
the job of the County is to protect everyone, but that hasn't happened. Ms. Hoffman said her
biggest beef is with the Planning & Zoning office, claiming that if they had done their job years
ago, there would not be a problem now. She said that they let Tony McDowell spend his money
even though they knew the zoning wasn't right. Ms. Hoffman said that she worked for the
Planning Department for two years and every time she asked about the zoning she was told, "It
was grandfathered in." According to Ms. Hoffman, the Planning & Zoning office led this Board
to a spot zoning decision, and spot zoning is illegal. She is not denying that this business needs to
be here and that MLC's employees need these jobs. She said that the only thing that needs to be
done is that the pallet operation needs to be moved and that the County should pay to move it.
Maxton McDowell, 5354 Old Hwy 49, said that most of the Leyland Cypress (two rows)
between his property and MLC are not actually Leyland Cypress. He knows this because he
planted them, not Tony McDowell; Tony planted one row on his side of the property. The area of
"open space" near to his property line is in pine trees now (about 50 feet of trees), and claimed
that wasn't much of a buffer. Mr. McDowell said that he appreciates that Teresa Durham has
been hired to monitor the air and water quality at MLC. He's glad that the water running down
from MLC that is killing his trees is "good" water. He doesn't blame Tony McDowell for not
wanting to move the pallet operation, but it is impacting his family and the Winslows. Mr.
McDowell said that it's fun listening to a wood chipper at 6:15 in the morning. He was there
before the lumber company. He said that a rural industrial overlay is a veiled attempt to turn this
into a heavy industrial facility. He asked the Commissioners to please think about what they're
voting for. Are they voting for an illegal operation? He asked them to consider the Golden Rule;
would you want this done to you? Mr. McDowell said that he thought all the Commissioners are
card-carrying Republicans and members of the Republican Executive Committee. He asked them
to consider their positions. He mentioned a 40' x 40' platform that was built at MLC and the
County intervened because there wasn't a permit. What will happen to this platform? Mr.
McDowell said there were some buildings built in 2006 that the tax assessor's office didn't know
existed until they visited the site in 2007. He said that he thought that Chairman Holmes and Ben
Morgan were Rotarians and that Commissioner Kemp is a former Rotarian. He cited the four
tests that Rotarians apply to issues before making a decision on them: 1) Is it the truth? 2) Is it
fair to all concerned? 3) Will it build goodwill and better friendships? 4) Will it be beneficial to
all concerned? Mr. McDowell said that this test should be applied to all parts of life.
Commissioner Haywood asked that the minutes show that Ben Morgan's wife works for
him but they have not discussed the case. He asks if he should recuse himself from voting.
Darren Allen asked Bob Hornik if he objected to Mr. Haywood voting based on a possibility of a
conflict. Mr. Hornik said that as long as he can vote without prejudice, he did not object. Mr.
Haywood said that he can vote without being prejudiced by the employment of Mr. Morgan's
wife.
Commissioner Frye said that the major reason that countywide zoning was instituted in
1987 was to address mobile home parks and junk yards. Since this was such a huge undertaking
there were bound to be mistakes and instances arose over time that had to be addressed. The land
use plan was created to allow "what was already there." He said that he did not like Maxton
McDowell's interjecting a political tone and that politics have never affected the way he votes.
Planning Director Hal Johnson spoke to correct a misimpression created by Mr. Morgan.
In the future, if MLC needs to expand with future buildings, those buildings will be located as
they are located on the site plan, at the end of the property away from the boundaries. MLC will
not need to go back before the Planning Board to expand in accordance with the site plan.
Commissioner Lanier made a motion to approve the request. Commissioner Frye seconded
the motion.
Commissioner Frye asked Darren Allen for clarification on the Board's options.
County Attorney Darren Allen replied that the Board may approve, deny, ask the applicant
if he would agree to added conditions, or table the request.
Teresa Durham spoke again, explaining that she believed that the loud noise that neighbors
are hearing that they think is the chipper, is actually the nailing of the pallets because the chipper
is enclosed.
Following discussion, on previous motion of Lanier (above), seconded by Frye, the Board
approved the request of Tony McDowell, with consideration of the numerous statements and
policies contained in the 2009 Growth Management Plan, as recommended by the County
Planning Board, and with conditions included in the County Zoning Ordinance, and information
presented at this hearing that support a Determination of Consistency for approval of the Rural
Industrial rezoning, including the following conditions: 1) Existing buffers consisting of
evergreen trees, planted in 2005, which are reflected on the site plan, will be required to be
maintained; 2) Compliance Monitoring will be required on an annual basis; 3) The applicant is
required to furnish the County Planning Department, on an annual basis, information showing
that it is in compliance with applicable state and federal guidelines pertaining to dust, noise, and
related erosion and sedimentation control regulations.
Adjournment
There being no further business, the meeting adjourned at 9:13 p.m.
J. Harold Holmes, Chairman Darrell L. Frye
Phil Kemp
Arnold Lanier
Stan Haywood
Cheryl Ivey, Clerk to the Board