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020408February 4, 2008 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. Kim Newsom, County Personnel Director, gave the invocation and everyone recited the Pledge of Allegiance. Special Presentation Michelle Love, representing the North Carolina Association of County Commissioners, presented a Wellness and Safety Grant in the amount of $7,505 to Jill Williams, who accepted on the County's behalf. Public Comment Period Pursuant to N.C.G.S. § 153A-52.1, Chairman Holmes opened the floor for public comment. Christine Richardson asked the Board for any help in getting her road (Cox Mill Road) paved. She said that NCDOT had staked it off five or six years ago in preparation for paving, but the stakes are now rotten, and the road is still unpaved. She said she didn't know what the road's priority number was on DOT's paving list. Board members told Ms. Richardson that a public hearing would be held later this year on the Secondary Roads Improvement Program. Approval of Consent Agenda On motion of Frye, seconded by Lanier, the Board voted unanimously to approve the Consent Agenda, as follows: • approve minutes of the January 7, 2008 meeting; • reappoint Wilbert Hancock and Bernard Beck and appoint Ken Austin and Bobby Allen to the Voluntary Agricultural Advisory Board; • appoint Pike Johnson to the Tourism Development Authority for a 3 -year term; • adopt a resolution appointing Jason Miller and Zeb Holden as Plat Review Officers for the City of Archdale, as follows: WHEREAS, S.L. 1997-309 (5875) makes a number of significant changes in the procedures for recording maps and plats: and WHEREAS, the main purpose of the law is to transfer the responsibility for reviewing plats to determine whether they meet recording requirements from the Register of Deeds to a Review Officer; and WHEREAS, the new G.S. 47-30.2 requires the Board of County Commissioners in each County, by resolution, to appoint a person to serve as Review Officer to review each plat before it is recorded and certify that it meets the statutory requirements for recording; and WHEREAS, it is the desire of the Randolph County Board of Commissioners to insure an expeditious review of all maps and plats as required by G.S. 47-30.2 before they are presented to the Register of Deeds for recording. NOW, THEREFORE, BE IT RESOLVED, effective February 4, 2008, that Jason Miller and Zeb Holden in the City ofArchdale are hereby appointed to perform all responsibilities as required for Review Officer under the appropriate North Carolina General Statutes. BE IT FURTHER RESOLVED that a copy of this Resolution designating these Review Officers be recorded in the Randolph County Register of Deeds Office and indexed in the names of the Review Officers. • adopt a resolution, "Opposing Further Tightening of Ozone Standards, " as follows: WHEREAS, the Randolph County Board of Commissioners strongly supports clean -air standards at a level that ensures public health and improves quality of life for all our residents; and WHEREAS, both state and local governments and private industry are making measurable progress in improving air quality, with the national average for ozone levels having decreased by 21 percent from 1980 to 2006; aggregate emissions of six principal pollutants down more than half since 1980 despite a 46 percent increase in population; and programs in place to cut power plant emissions by more than 40 percent from today's levels by 2010 in 30 eastern jurisdictions, reduce emissions vehicles by 77 to 95 percent from 2004 levels, dramatically reduce levels of mercury and virtually eliminate diesel emissions; and WHEREAS, state and local governments and businesses are working diligently to meet the Environmental Protection Agency's current National Ambient Air Quality Standard for ground level ozone by the 2020 deadline, investing approximately $20 billion each year, according to EPA estimates; and WHEREAS, The Environmental Protection Agency, in the course of its required review of NAAQS, is nevertheless considering a further tightening of the ozone standard from 0.08 parts per million; and WHEREAS, further tightening the ozone standard, even before the current standard is met, could significantly expand the number of nonattainment areas and result in emissions controls in additional areas, thereby imposing significant administrative and regulatory burdens on more citizens, businesses and local governments; and WHEREAS, the burdens associated with a tightened standard would include almost certain plant and business closures and loss of jobs, along with higher energy and other prices to consumers, with total additional costs estimated at $10 billion to $22 billion per year; and WHEREAS, it is, in fact likely, that scores of local businesses in North Carolina will have to close their doors if the lowest proposed stand is established; and WHEREAS, significant questions have been raised regarding the science behind the EPA's proposal to tighten the ozone standard, and members of the Clean Air Scientific Advisory Committee (CASAC), the Agency's own scientific advisory board, have disputed its conclusions; and WHEREAS, the Agency is proposing this action with virtually no evidence that the change in standards will result in significant health benefits and with no analysis of the enormous costs that will be charged to North Carolina Business and consumers and to those communities that must implement new complicated compliance programs. NOW, THEREFORE, BE IT RESOLVED that the Randolph County Board of Commissioners advises and strongly urges the EPA to retain the existing NAAQS for ozone; and BE IT FURTHER RESOLVED that the EPA is urged to identify any unfunded mandates or other administrative and economic burdens for state or local governments or agencies that would derive from changes to the NAAQS for ozone; and BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the President of the United States, the Administrator of the United States Environmental Protection Agency, the Governor ofNorth Carolina and the Administrator of the North Carolina Department of Environmental Quality. • approve revision to the Home and Community Care Block Grant and related Budget Amendment #32, as follows: 2 00 7-2 008 BUDGET ORDINANCE—GENERAL FUND—AMENDMENT #32 Revenues Increase Decrease Restricted Intergovernmental $27,693 Appropriations Increase Decrease Other Human Service Appropriations $27,693 • approve Budget Amendment #33 for Economic Development (Timken), as follows: Revenues Increase Decrease Transfer from Economic Development Reserve $50,000 Increase Decrease Appropriations Increase Decrease Other Economic and Physical Development $50,000 Increase Decrease • approve Budget Amendment #34 for Social Services (Crisis Intervention Program), as follows: 2007-2008 BUDGET ORDINANCE—GENERAL FUND—AMENDMENT #34 Revenues Increase Decrease Restricted Intergovernmental $103,679 Appropriations Increase Decrease Social Services $103,679 Sandhills Center Update Michael Watson, Chief Executive OfficerSandhills Center for Mental Health, Developmental Disabilities & Substance Abuse Services, said that the Center is in good shape financially. He reviewed their crisis plan, policy issues and program development, stating that they are still working through some aspects of mental health reform. They also are developing new programs to help those with emergency needs and are trying to bring services back to the community. Status Report on Social Services Legal Unit Florence McCloskey, DSS Staff Attorney, thanked the Board for the new attorney position from a year ago. She introduced Erica Glass, the new attorney. Ms. McCloskey said that significant progress has been made with regard to the level of service provision. The backlog of orders has been cleared. Adoption of Revised MOU for the Piedmont Triad RPO Hanna Cockburn, Piedmont Triad Council of Governments, asked the Board to adopt a revised memorandum of understanding at NCDOT's request. She said that the original MOU did not have clear enough open meetings law and quorum references for the state attorney general's office; these are minor changes, and incorporate things that were already added to their bylaws and common practices. Ms. Cockburn also reviewed Transportation Improvement Plan priorities for Randolph County and asked the Board to approve them. She also gave an RPO update on existing and planned projects. On motion of Haywood, seconded by Frye, the Board voted unanimously to approve an amended Memorandum of Understanding for Cooperative, Comprehensive and Continuing Transportation Planning and the Establishment of the Piedmont Triad Rural Transportation Planning Organization (RPO), as follows: Amended Memorandum of Understanding for Cooperative, Comprehensive and Continuing Transportation Planning and the Establishment of the Piedmont Triad Rural Transportation Planning Organization (RPO) for Caswell County and the participating municipalities therein; Davidson County and the participating municipalities therein but lying outside the High Point Urban Area MPO and Winston-Salem/Forsyth County Urban Area MPO; Montgomery County and the participating municipalities therein; Randolph County and the participating municipalities therein but lying outside the High Point Urban Area MPO; Rockingham County and the participating municipalities therein; and the North Carolina Department of Transportation (NCDOT), hereinafter collectively, `the Parties'. Witnesseth Whereas, on April 17, 2002, the Parties entered into a Memorandum of Understanding which created the Piedmont Triad Rural Planning Organization, hereinafter RPO'; and Whereas, the RPO provides rural areas the opportunity to work in partnership with NCDOT toward the development of sound, short and long-range transportation planning for the rural areas of our region; and Whereas, the Parties have agreed to amend the original Memorandum of Understanding. Now, Therefore, the following Amended Memorandum of Understanding is made on this the 19th day of December, 2007. Section 1. Purpose and Responsibilities. It is hereby agreed that the Parties intend to establish and participate in a Rural Transportation Planning Organization created for the general purposes and responsibilities outlined in the following: 1. Develop long-range local and regional multi -modal transportation plans in cooperation with the Greensboro Urban Area MPO, the Burlington/Graham Urban Area MPO, the High Point Urban Area MPO, the Winston-Salem/Forsyth County Urban Area MPO; and the North Carolina Department of Transportation. 2. Provide a forum for public participation in the rural transportation planning process. 3. Develop and prioritize suggestions for transportation projects that the RPO believes should be included in the State Transportation Improvement Program (STIP). 4. Provide transportation -related information to local governments and other interested organizations and persons. Section 2. Lead PlanningAAgency. It is hereby further agreed that the transportation plans and programs and land use policies and programs for the RPO will be coordinated by the Piedmont Triad Council of Governments (PTCOG), an agency selected on behalf of participating local governments and NCDOT, to be the administrative entity and to serve as the lead local planning agency for coordinating rural transportation planning in the five county planning area. The RPO hereby authorizes PTCOG to be the recipient of any funds appropriated to the RPO by NCDOT pursuant to North Carolina General Statute 136-213(c), or otherwise obtained by the RPO. Section 3. Establishment of Transportation Advisory Committee (TAC). A Transportation Advisory Committee (TAC) is hereby established with the responsibility for serving as a forum for cooperative transportation planning decision making for the RPO. The TAC shall have the responsibility of keeping local elected governing boards informed of the status and requirements of the transportation planning process; to assist in the dissemination and clarification of the decisions, inclinations, and policies of the local elected governing boards and NCDOT; and to help ensure meaningful public participation in the rural transportation planning process. 1. The TAC will be responsible for carrying out the following: A. Establishment ofgoals, priorities, and objectives for the transportation planning process. B. Endorsement and review of changes to adopted transportation plans within the RPO. C. Endorsement, review and approval of a Planning Work Program (PWP) for transportation planning which defines work tasks and responsibilities for the various agencies participating in the RPO. D. Endorsement, review and approval of transportation improvement projects which support and enhance regional and local transportation within the five -county RPO. 2. The membership of the TAC shall consist of the following: A. One county commissioner representing Caswell County and one municipal elected official from Caswell County. B. One county commissioner representing Davidson County and one elected official from a municipality outside of the High Point Urban Area MPO and Winston-Salem/Forsyth County Urban Area MPO in Davidson County. C. One county commissioner representing Montgomery County and one municipal elected official from Montgomery County. D. One county commissioner representing Randolph County and one elected official from a municipality outside of the High Point Urban Area MPO in Randolph County. E. One county commissioner representing Rockingham County and one elected official from a municipality in Rockingham County. F. One North Carolina Board of Transportation member, representing Divisions 7, 8 or 9. G. The chair of the Piedmont Authority for Regional Transportation (PART), or his/her designated PART board member, participating ex officio without vote. 3. Each voting representative on the TAC shall have one vote. 4. The county commissioner representing each county on the TAC shall be selected every two years by the Board of County Commissioners of each county in regular session. While individual representation may change at the discretion of the county board of commissioners, each county shall have a seat on the TAC so long as the county is a member of the RPO. S. The term of membership for the municipal representative from each county shall be two years. At the end of each two year term, the municipalities within each county that are not included within the jurisdiction of an MPO shall caucus and select a municipal representative from the county. Municipal representatives who have just completed a two-year term are eligible to serve additional terms if selected by the county's municipal caucus. 6. An alternate for each TAC member shall be designated, provided they meet the same qualifications as the appointee. 7. In the event a county is no longer a member of the RPO, municipal representation for that county is also lost. Municipalities cannot be a member of the TAC without the county being a member of the RPO. 8. A TAC membership roster shall be compiled and updated at least annually, listing each member and alternate. 9. The TAC shall meet as often as it is deemed necessary, appropriate and advisable. A quorum shall be required for the transaction of all business. A quorum shall consist of fifty-one percent (510/6) of the active membership of the TAC. TAC members who fail to attend or send an alternate in their place for two (2) consecutive meeting of the TAC shall have their seat declared vacant, and their absence shall not count for quorum. Attendance at a future meeting shall automatically reinstate the member's seat on the Committee. On the basis of majority vote of its voting membership, the TAC shall appoint a member of the committee to act as chairperson and vice -chairperson with the responsibility for coordination of the committee's activities. 10. The PTCOG will serve as staff to the TAC. Section 4. Establishment of the Technical Coordinating Committee (TCC). A Technical Coordinating Committee shall be established with the responsibility of general review, guidance, and coordination of the transportation planning process for the RPO and the responsibility for making recommendations to the respective local, state, and federal governmental agencies and the TAC regarding any necessary actions relating to the continuing transportation planning process. 1. The RTCC shall be responsible for development, review, and recommendation for approval of the PWP for the RPO and the STIP priorities. 2. Membership of the TCC shall include technical representatives from all local and state government agencies directly related to and concerned with the transportation planning process for the RPO planning area. The membership shall include, but not be limited to, the following: A. The Manager, Assistant Manager, Planning Director, or Engineer from each county within the RPO planning area, or his/her designee. B. The Chief Administrative Official, Planning Director, Engineer or Clerk from each incorporated municipality within the RPO planning area, or his/her designee. C. The Transportation Director of each rural transportation service provider in the RPO planning area, or his/her designee. D. The Division Engineers for NCDOT Highway Divisions 7, 8 and 9, or his/her designee. E. The NCDOT Transportation Planning Branch Manager or his/her designee. F. The NCDOT Triad and Sandhills Area Traffic Engineers, or his/her designee. G. The Director of the Piedmont Authority for Regional Transportation (PART), or his/her designee, participating ex officio without vote. H The Transportation Directors of the Greensboro Urban Area MPO, the High Point Urban Area MPO, The Winston Salem/Forsyth County Urban Area MPO and the Burlington/Graham Urban Area MPO, or his/her designee, participating ex officio without vote. 3. Each voting representative on the TCC shall have one vote. An alternate shall be designated for each member, provided they meet the same criteria as the member. 4. Membership of the TCC may be altered on the basis of a majority vote of its membership and approval of the TAC, and may be further defined and expanded as permitted in the duly adopted bylaws. 5. A TCC membership roster shall be compiled and updated at least annually, listing each member and alternate. 6. The TCC shall meet when it is deemed necessary, appropriate and advisable. A quorum shall be required for the transaction of all business. A quorum shall consist of fifty-one percent (510/6) of the active membership of the TCC. TCC members who fail to attend or send an alternate in their place for two (2) consecutive meeting of the TCC shall have their seat declared vacant, and their absence shall not be counted for quorum. Attendance at a future meeting shall automatically reinstate the member's seat on the Committee. On the basis of majority vote of its voting membership, the TCC shall appoint a member of the committee to act as chairperson with the responsibility for coordination of the committee's activities. 7. The PTCOG will serve as staff to the TCC. Section 5. Commitment to the Rural Planning Process. The Parties further agree to assist in the rural transportation planning process by providing planning assistance, data and inventories where possible, in accordance with the approved PWP. Section 6. Staff Support and Coordination. Each member jurisdiction shall have the support of RPO staff in developing local transportation projects and priorities. It is further agreed that each member shall coordinate its transportation plans with those of other RPO members. Additionally, the RPO may identify and present projects of a regional nature to NCDOT for consideration. Section 7. Termination. The Parties may terminate their participation in the RPO by giving written notice of termination to the other parties ninety (90) days before the end of the fiscal year. Section 8. Applicability This amended Memorandum of Understanding supersedes and replaces any prior Memorandum of Understanding between the Parties regarding the RPO. Section 9. Witness. In witness thereof, the Parties have been authorized by appropriate and proper resolutions, and/or legislative authority to sign this Amended Memorandum of Understanding, on this, the 19th day of December, 2007. On motion of Haywood, seconded by Frye, the Board voted unanimously to approve the Transportation Priority List for Randolph County, as follows: Randolph County --Transportation Project Priority List (2009-2015) TIP State/Regional Road Projects Critical requests 1. US -220, future I-73174 (I--4407, I-4921, K-3807). Projects include safety improvements to bring US 220 to interstate standards and the proposed addition of a visitor's center at the proposed rest area south of Seagrove. 2. NC 49 (R-2535). From SR 1174 (WaynickMeadow Road) to proposed Asheboro southern bypass. Widen 9.7 miles to four -lane divided cross section. 3. US -311, future I-74 (R-2606). From south of SR 1920 to US 220 north of Asheboro, 11.5 miles of freeway on new location. Road Projects in Randolph County Critical requests 1. NC 49 (R-3803). East Liberty Bypass from NC 49 at SR 2427 to NC 49, requesting 2 -lane bypass on four -lane right-of-way, part on new location. 2. SR 1952 (High Point Street) (not on current TIP). Improve intersection with SR 1950 (West Academy Street). Provide congestion mitigation and turn lanes. 3. NC 49 at SR 1144 (MackRoad) (not on current TIP). Re -align and widen ramp between NC 49 and US 64 to three -lane cross section, with signalized intersection. 4. New Location Connector (R-4065). 1.3 mile multi -lane connector on new location from SR 1450 to US 311 near Sophia. Priority requests 5. US 64 (R-2536). Asheboro southern bypass from US 64 west to US 64 east. 13.5 mile four -lane freeway on new location. Local Road Projects Critical requests 1. NC 705 (Not on current TIP). Widen .8 miles from US 220 to US 220 A in Seagrove to curb and gutter cross section with sidewalks and bicycle accommodations. 2. US 220 Business (U-3600). From Old Liberty Road to US 220 at US 311. Widen 5.2 miles to five lanes with curb and gutter. Non Motorized Projects ■ Zoo Greenway (Not on current TIP). Design and construction for 6.5 mile greenway from US 64 to the North Carolina Zoo. Plans and Studies ■ Complete Zoo Greenway feasibility study (EB -4711). Feasibility study Deep River Greenway between Climax, NC and Ramseur, NC on abandoned rail line. Update on Voluntary Agricultural District (VAD) Program Carolyn Langley, Randolph Cooperative Extension Director, and Kemp Davis, Chairman of the VAD Board, gave an update on the VAD Program. Randolph County has approximately 10,887 acres of land (approximately 285 parcels) enrolled in the program. Seven farms, totaling 495 acres, were enrolled in the Enhanced Voluntary Agricultural District program, which was approved a year ago. Ms. Langley and Mr. Davis thanked the Board for their continued support. Ms. Langley also announced that the Cooperative Extension offices would be moving to their new offices located on Walker Ave. the week of February 25th. She also invited Board members to their Annual Report to the People on May 121h Report on County Water Plan, Public Hearings and Adoption of Resolutions on Creation of Water/Sewer Districts David Townsend, III, Public Works Director, said that construction of the Hwy 22 water line is 2'/2 months ahead of schedule. In fact, the pumps will be turned on on Wednesday, February 6 at 9:00 a.m. Mr. Townsend called on Bill Lester with Hobbs, Upchurch and Associates, for the County water plan report. Bill Lester said that Randolph County commissioned Hobbs, Upchurch & Associates, P.A. to do a study of costs to provide water along designated development corridors by contract dated November 2007. Concurrently with this report, Hobbs, Upchurch & Associates was engaged to provide recommendations for establishing water districts and to prepare the preliminary environmental scoping for designated projects. He said that the study was done with the understanding that upon its completion the County will endeavor to begin development of the infrastructure in the corridors according to priority and subsequently secure USDA funding for selected district projects. Mr. Lester said that his firm has completed the recommendation for the establishment of water districts and coordinated meetings with the Cities of Asheboro and Ramseur and Davidson Water, Inc. to discuss potential water supply sources and the County's general intent to develop the corridors and districts. The study provides preliminary cost estimates for the corridors and the first phase of the districts. Priorities along the corridors were established based on discussions with staff, existing and potential development and the need for developing the initial phases of the proposed water districts. The following is a summary of the corridors: Corridor IA: Corridor IA will install a proposed 16" water transmission main along US Highway 64 between Asheboro and Ramseur. The proposed project will connect to the Asheboro Water System and the Ramseur Water System. Both these systems are potential water suppliers; however, it is anticipated Ramseur will be the major supplier to avoid interbasin transfer concerns. Development of Corridor IA is also required prior to the development of the Eastern Randolph Water District Phase 1 project. The preliminary opinion of cost for this project is $4,181,100. Corridor IB: Corridor 1B will install a 16" water transmission main along NC Highway 49 beginning at the corridor to the Asheboro Water System and continuing approximately 5.5 miles to Grange Hall Road. Water supply is available from Asheboro. Corridor 1B is required for the development of Phase 1 of the Uwharrie Water District. The preliminary opinion of cost for this project is $4,024,480. Corridor 2A: Corridor 2A will provide a 16" water transmission main along NC Highway 49 between Ramseur and Liberty. Water supply is available from Ramseur. Development of this corridor will be dependent on the demand and/or interest in development of future phases of the Eastern Randolph Water District. Corridor 2B: Corridor 2B will provide a 12" water main along US Highway 64 from the Asheboro Water System to the Uwharrie District boundary. Water supply is available from Asheboro. This corridor also provides looped connections for portions of Uwharrie District Phase 1. The preliminary opinion of cost for this project is $1,813,360. Corridor 3A: Corridor 3A will install a 12" water main along US 64 from the Ramseur Water System to the Chatham County line. With water supply from Ramseur, this corridor development will likely be driven by economic development and/or the potential for an interconnection with the Town of Siler City. The preliminary opinion of probable cost is $1,571,850. Corridor 3B: Corridor 3B will provide the installation of a 16" water main along NC Highway 49 from the end of Corridor 1B to an interconnection with Handy Sanitary District near the Davidson County line. Water supply is available for Asheboro and completion of the project will allow for emergency supply to/from Handy Sanitary District. The preliminary opinion of probable cost for this project is $2,629,000. Eastern Randolph Water District Phase 1: (A preliminary plan for the development of Phase 1 of the Eastern Randolph Water District) The preliminary plan covers an area southwest of Ramseur and south of US Highway 64. This phase has over 1,200 potential customers. The project will include approximately 275,900 LF of water mains ranging in size from 2 -inch to 10 -inch. Based on USDA grant availability, this may be the most financially feasible phase for initial development. Further study will reveal specific details. The preliminary opinion of probable cost for this phase is $7,369,897. Uwharrie District Phase 1: The preliminary development of Phase 1 of the Uwharrie Water District is located west of Asheboro, south of US Highway 64 and north of NC Highway 49, primarily in the Cedar Grove Township. This phase has approximately 800 potential customers, but development will be more contingent on a high percentage of participation as this area is not grant eligible. This phase includes approximately 164,600 LF of water mains ranging in size from 2 -inch to 12 -inch. The preliminary opinion of probable cost for this phase is $5,355,649. Mr. Lester said that the Preliminary Engineering Report for the corridors will be finalized as details of each corridor are determined, including: water supply source, water supply rate, potential customers, prioritization of development need and designation of funding source(s). As the County formalizes the legal establishment of water districts, Hobbs, Upchurch will also work with County staff to begin the detailed study required to present potential phased projects to USDA for funding. This work will require USDA approval, engineering contracts and detailed environmental assessments for the specific project areas. Aimee Scotton, Associate County Attorney, said that NC General Statute 162A-86 sets forth the legal requirements for the formation of county water and sewer districts. Before a district may be established, a public hearing must be held on the matter. Public hearings have been set for this meeting to consider the formation of four county water and sewer districts: the Eastern Randolph Water and Sewer District, the Uwharrie Water and Sewer District, the Randleman Lake Water and Sewer District, and the Northwest Randolph Water and Sewer District. Notice of these public hearings was published in the newspaper and posted in public places in the affected areas in accordance with state law. At the conclusion of the public hearings, she said that the water and sewer districts could be created by resolution if the Board finds that: 1. There is a demonstrable need for providing in the district water services, or sewer services, or both; 2. The residents of all of the territory to be included in the district will benefit from the district's creation; and 3. It is economically feasible to provide the proposed service or services in the district without unreasonable or burdensome annual tax levies. Once adopted, each resolution must be published and opponents will have 30 days from the first date of said publication in which to bring any action or proceeding questioning the validity of the resolution or of the creation of the water and sewer district. Chairman Holmes opened the duly advertised public hearing on the Northwest Randolph Water and Sewer District and, upon hearing no comments, closed the public hearing. On motion of Frye, seconded by Haywood, the Board voted unanimously to adopt a resolution to establish the Northwest Randolph Water and Sewer District, as follows: WHEREAS, Article 6 of Chapter 162A of the General Statutes ofNorth Carolina authorizes and empowers the Board of Commissioners of any county to create a county water and sewer district; and WHEREAS, the Board of Commissioners of Randolph County has employed Hobbs Upchurch & Associates to develop a county -wide water plan, including recommendations for the establishment of county water and sewer districts; and WHEREAS, the county -wide water plan recommends the establishment of a county water and sewer district to consist of the territories located within the Townships of Trinity and Tabernacle, but excluding all territories lying within the corporate limits of a city or town and excluding any territories already located in an existing water and sewer district; and WHEREAS, the Board of Commissioners of Randolph County has held a public hearing to consider the creation of said district after giving notice of said public hearing as required by law. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Randolph County that: 1. There is a demonstrable need for providing water and sewer services in the proposed district; and 2. The residents of all the territory proposed to be included in the district will benefit from the district's creation; and 3. It is economically feasible to provide the proposed services in the district without unreasonable or burdensome annual tax levies; and 4. A county water and sewer district is therefore hereby created consisting of the territories located within the Townships of Trinity and Tabernacle, but excluding all territories lying within the corporate limits of a city or town and excluding any territories already located in an existing water and sewer district; and S. The name of the district shall be the Northwest Randolph Water and Sewer District. Chairman Holmes opened the duly advertised public hearing on the Eastern Randolph Water and Sewer District and, upon hearing no comments, closed the public hearing. On motion of Haywood, seconded by Frye, the Board voted unanimously to adopt a resolution to establish the Eastern Randolph Water and Sewer District, as follows: WHEREAS, Article 6 of Chapter 162A of the General Statutes ofNorth Carolina authorizes and empowers the Board of Commissioners of any county to create a county water and sewer district; and WHEREAS, the Board of Commissioners of Randolph County has employed Hobbs Upchurch & Associates to develop a county -wide water plan, including recommendations for the establishment of county water and sewer districts; and WHEREAS, the county -wide water plan recommends the establishment of a county water and sewer district to consist of the territories located within the Townships of Liberty, Columbia, Coleridge, Brower, Richland, Grant, Franklinville, and Pleasant Grove, but excluding all territories lying within the corporate limits of a city or town and excluding any territories already located in an existing water and sewer district; and WHEREAS, the Board of Commissioners of Randolph County has held a public hearing to consider the creation of said district after giving notice of said public hearing as required by law. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Randolph County that: 1. There is a demonstrable need for providing water and sewer services in the proposed district; and 2. The residents of all the territory proposed to be included in the district will benefit from the district's creation; and 3. It is economically feasible to provide the proposed services in the district without unreasonable or burdensome annual tax levies; and 4. A county water and sewer district is therefore hereby created consisting of the territories located within the Townships of Liberty, Columbia, Coleridge, Brower, Richland, Grant, Franklinville, and Pleasant Grove, but excluding all territories lying within the corporate limits of a city or town and excluding any territories already located in an existing water and sewer district; and S. The name of the district shall be the Eastern Randolph Water and Sewer District. Chairman Holmes opened the duly advertised public hearing on the Uwharrie Water and Sewer District. Joe Russell said that he was speaking on behalf of 11 other people who were opposed to the creation of the proposed Uwharrie Water and Sewer District. He said that most people don't want or need county water. They're also afraid that the County would raise taxes on the citizens within the district and possibly condemn and seize their land at an unfair price. They have concerns about where the water would come from and that the County would make residents pay an unreasonable fee for the water. They also fear the low income housing that they understand would result from the establishment of water and sewer districts in their area. Board members explained that it appeared that citizens have been misinformed about the proposed water and sewer districts. The districts are being created now so that county water lines could be built for future need—there are no immediate plans to construct anything in the New Hope area. They said that there would be no mandatory hook-ups for existing homeowners and county water lines would not create low income housing. Roger King, 5225 Jackson Creek Rd., Asheboro, spoke in support of county water in his area because last year, during the drought, his family lived in fear that his 505 -ft. deep well was going to run dry. There were five new wells dug in his community in the last year. He said that we are way behind the times in establishing a countywide water system, and if we don't start planning now, we likely will be in trouble in a few years. He said we need to proceed with an orderly plan for infrastructure. Chairman Holmes closed the public hearing. On motion of Lanier, seconded by Haywood, the Board voted unanimously to adopt a resolution to establish the Uwharrie Water and Sewer District, as follows: WHEREAS, Article 6 of Chapter 162A of the General Statutes ofNorth Carolina authorizes and empowers the Board of Commissioners of any county to create a county water and sewer district; and WHEREAS, the Board of Commissioners of Randolph County has employed Hobbs Upchurch & Associates to develop a county -wide water plan, including recommendations for the establishment of county water and sewer districts; and WHEREAS, the county -wide water plan recommends the establishment of a county water and sewer district to consist of the territories located within the Townships ofNew Hope, Concord, Union, Cedar Grove, and Back Creek, but excluding all territories lying within the corporate limits of a city or town and excluding any territories already located in an existing water and sewer district; and WHEREAS, the Board of Commissioners of Randolph County has held a public hearing to consider the creation of said district after giving notice of said public hearing as required by law. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Randolph County that: 1. There is a demonstrable need for providing water and sewer services in the proposed district; and 2. The residents of all the territory proposed to be included in the district will benefit from the district's creation; and 3. It is economically feasible to provide the proposed services in the district without unreasonable or burdensome annual tax levies; and 4. A county water and sewer district is therefore hereby created consisting of the territories located within the Townships ofNew Hope, Concord, Union, Cedar Grove, and Back Creek, but excluding all territories lying within the corporate limits of a city or town and excluding any territories already located in an existing water and sewer district; and S. The name of the district shall be the Uwharrie Water and Sewer District. Chairman Holmes opened the duly advertised public hearing on the Randleman Lake Water and Sewer District and, upon hearing no comments, closed the public hearing. On motion of Haywood, seconded by Frye, the Board voted unanimously to adopt a resolution to establish the Randleman Lake Water and Sewer District, as follows: WHEREAS, Article 6 of Chapter 162A of the General Statutes ofNorth Carolina authorizes and empowers the Board of Commissioners of any county to create a county water and sewer district; and WHEREAS, the Board of Commissioners of Randolph County has employed Hobbs Upchurch & Associates to develop a county -wide water plan, including recommendations for the establishment of county water and sewer districts; and WHEREAS, the county -wide water plan recommends the establishment of a county water and sewer district to consist of the territories located within the Townships ofNew Market, Level Cross, and Providence, but excluding all territories lying within the corporate limits of a city or town and excluding any territories already located in an existing water and sewer district; and WHEREAS, the Board of Commissioners of Randolph County has held a public hearing to consider the creation of said district after giving notice of said public hearing as required by law. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Randolph County that: 1. There is a demonstrable need for providing water and sewer services in the proposed district; and 2. The residents of all the territory proposed to be included in the district will benefit from the district's creation; and 3. It is economically feasible to provide the proposed services in the district without unreasonable or burdensome annual tax levies; and 4. A county water and sewer district is therefore hereby created consisting of the territories located within the Townships of New Market, Level Cross, and Providence, but excluding all territories lying within the corporate limits of a city or town and excluding any territories already located in an existing water and sewer district; and S. The name of the district shall be the Randleman Lake Water and Sewer District. Action to Conduct Referendum on Quarter -Cent Sales Tax in Randolph County County Manager Richard Wells said the NC General Assembly passed legislation in 2007 that will phase out the County's share of Medicaid over a three-year period. However, they also reduced the amount of sales taxes we will receive; the State will take a 1/4 -cent of our sales tax in October 2008 and another 1/4 - cent in October 2009. The General Assembly is giving Counties the option of assessing either an additional land transfer tax or an additional 1/4 -cent sales tax, but not both; and the General Assembly is requiring an affirmative vote of the people before Counties can assess either the land transfer tax or the 1/4 -cent sales tax. Mr. Wells suggested that the County hold a referendum on the'/4-cent sales tax on May 6, 2008. Upon an affirmative vote, the tax would be effective 10/1/08. On motion of Frye, seconded by Lanier, the Board voted unanimously to direct the Board of Elections to conduct an advisory referendum on May 6, 2008, on establishing a 114centsales tax in Randolph County. Bid Award for 911 Radios and Related Budget Amendment Neil Allen, Emergency Services Director, said that CML has been the manufacturer of the Radio Dispatch equipment for Randolph County since April 2000. The need for this bid arose when his office was notified by CML that they would no longer support the product beyond the availability of their current parts inventory. Now that Randolph's parts inventory is depleted, we can no longer rely on being able to replace electronic boards or components. It is now imperative that the radio dispatch system be replaced so that we may continue to provide emergency dispatch for responders of law, fire, emergency medical service, and rescue. This is a critical component of the overall 911 system and must be reliable and maintained, which can no longer be accomplished with certainty. Pursuant to G.S. 143-129 formal bidding requirements, a Request for Proposals was issued for a 9-1-1 Communications Radio Dispatch Controller and Individual Dispatch Stations for the Emergency Services department on 12/20/07. On 1/17/08, the following three bids were received: Vendor Total Bid Status Amerizon Wireless $282,521.55 Fully Compliant Embarq $303,687.41 Eight Exceptions Noted Radio Communications Company $291,232.00 Twenty-nine Exceptions Noted Mr. Allen said that the Emergency Services staff reviewed these bids for completeness and responsiveness and found that the proposal submitted by Amerizon Wireless fully meets requested specifications. Mr. Allen recommended that the Board award the bid for a 911 Communications Radio Dispatch Controller and Individual Dispatch Stations for the Emergency Services Department to Amerizon Wireless at a total cost of $282,521.55. On motion of Kemp, seconded by Haywood, the Board voted unanimously to award the bid for replacement radios at Emergency Services to Amerizon Wireless at a total cost of $282,521.55 and to approve Budget Amendment # 35, as follows: 2007-20©8 MIDGET ORDINANCE—GENERAL FUND AMENDMENT #35 Revenues Increase Decrease Appropriated Fund Balance $282,.522 Appropriations Increase Decrease Emergency Services $282,522 Bid Award for Ambulance Emergency Services Director Neil Allen said that pursuant to G.S. 143-129 formal bidding requirements, a Request for Bids was issued for two Type I or Type III Class I, KKK Certified 2008 Ambulances for the Emergency Services Department on 11/15/07. On 12/11/07 one sealed bid was received for two Type I, Ford F-350 XLT 2008 Ambulances from Wheeled Coach of NC at a unit cost of $100,612, for a total bid of $201,224. The Emergency Services staff reviewed the Wheeled Coach bid for completeness and responsiveness and has determined that their bid meets or exceeds requested specifications. However, due to an increased cost of almost 16% for the 2008 ambulance over the cost of the ambulances purchased in 2007, the Emergency Services Department has been unable to identify $201,224 within its budget for the purchase of two ambulances. In further discussion with Wheeled Coach, they have agreed to allow Randolph County to purchase one Type I, Ford F-350 2008 Ambulance at the single unit cost of $100,612. Based on the availability of funds, the responsiveness of their bid, and their willingness to extend the per unit price quoted to only one ambulance, Mr. Allen recommended that the Board approve and award the bid for one ambulance to Wheeled Coach of North Carolina. On motion of Haywood, seconded by Frye, the Board voted unanimously to award the bid for one Type I, Class I, KKK Certified 2008 Ambulance for the Emergency Services Department to Wheeled Coach of North Carolina at a total cost of $100,612. Bid Award for DSS Facade Repairs James Chriscoe, County Maintenance Supervisor, said that an informal bid process was conducted for repairs at the Department of Social Services building. Requests for Proposals were sent to three different vendors for the replacement of the facade (shingles) on the front of the DSS building. The following bids were received and all met requested specifications: Vendor Location Total Bid Chriscoe Aluminum Builders Inc. Asheboro, NC $45,975.00 Quality Blind & Awning Asheboro, NC $46,000.00 A&M Construction Inc. Asheboro, NC $52,454.00 Mr. Chriscoe recommended that the Board award the bid for the facade replacement to Quality Blind & Awning at a total cost of $46,000. Their proposal acknowledged they would do additional work that the County Maintenance staff would ordinarily have to do for only $25 more than the low bidder. On motion of Lanier, seconded by Frye, the Board voted unanimously to award the bid for repairs at the DSS building to Quality Blind and Awning for a total cost of $46, 000. The Board's decision not to approve the low bidder was because Quality Blind and Awning will be performing more work at a nominal ($25) charge. Approval of Asbestos Study Contract at Historic Courthouse and Related Budget Amendment James Chriscoe, Maintenance Supervisor, said that since the opening of the new Randolph County Courthouse in 2002, there has been discussion on possible uses of the Historic Courthouse; however, no final decision has been made. Before any renovation work can be done at the Historic Courthouse, a study of the interior must be done to determine the level of asbestos and lead. S&ME is an engineering firm specializing in environmental issues. They have proposed a contract to conduct the following services: asbestos survey, asbestos sample analysis, asbestos reporting, a lead-based paint consultation, and production of interior floor drawings at a cost of $7,450. Mr. Chriscoe said that the study can be funded from unbudgeted timber receipts. On motion of Kemp, seconded by Haywood, the Board voted unanimously to award a contract to S&ME for an asbestos study at the Historic Courthouse at a cost of $7, 450, to authorize the County Manager to sign the contract and to approve Budget Amendment #36, as follows: 2©07--2008 BUDGET ORDINANCE—GENERAL FUND—AMENDMENT 936 Revenues Increase Decrease Miscellaneous $7,450 Appropriations Increase Decrease Public Buildings $7,450 Update on Emergency Telephone System Fund and Related Budget Amendments Assistant County Manager/Finance Officer Will Massie said that House Bill 1755 eliminated locally - enacted E-911 landline fees, effective January 1, 2008. Instead, all telephone providers will collect a 70 cents statewide fee to be overseen by the reconstituted 911 Wireless Board (renamed as the 911 Board). Counties and Cities who levied a monthly landline fee for primary public safety answering points (PSAPs) will be eligible to receive these statewide funds. Generally, the new system of landline fees will mirror that of the wireless fee on cell phones. The 911 Board has sent letters to all telecoms and to all voice over internet protocol providers (VOIP), notifying them of the fee change and the requirement to submit the landline fee to the 911 Board starting with January collections. The NCACC and NCLM worked closely on this legislation to ensure Counties and Cities are held harmless—landline receipts collected under the statewide system should equal or exceed those collected locally in 2006-07, especially since VOIP providers must now collect and remit the fee. Unless they choose to clean up their ordinances, local boards of county commissioners and municipal councils need not take action to repeal their locally -enacted fees. Any landline funds remaining in a local government's emergency telephone system fund at the end of calendar year 2007 are to be transferred to the unit's general fund to be used for any lawful purpose. The calculated balance in wireline funds is currently $1,593,000. Because the County may still get a few last checks over the next weeks, the budget amount is rounded up to $1,620,000 and a budget amendment is needed. Only the actual ending wireline fund balance can be transferred. On motion of Kemp, seconded by Frye, the Board voted unanimously to approve Budget Amendment #37 to the General Fund and Emergency Telephone System Fund, as follows: 2#07--20#8 BUDGET ORDINANCE—GENERAL FAIN➢ AMENDMENT # 7 Revenues Increase Decrease Transfer from Emergency Telephone System Fund $1,620,000 Appropriated Fund Balance $1,620,000 2007-2008 BUDGET ORDINANCE—EMERGENCY TELEPHONE SYSTEM FUND -AMENDMENT #3 7 Revenues Increase Decrease Appropriated Fund Balance $1,620,000 Appropriations Increase Decrease Transfer to General Fund $1,620,000 Approval of 2008 Audit Contract Will Massie, Assistant County Manager/Finance Officer, said that Cherry Bekaert & Holland has served as the County's independent auditor for the past three years. The County has been pleased with the level of service provided. Their proposed audit fee for the 2008 fiscal year is $55,000, which includes the audit of the Tourism Development Authority. Mr. Massie recommended the Commissioners approve the contract with Cherry Bekaert & Holland for the audit of the fiscal year ended June 30, 2008. On motion of Kemp, seconded by Haywood, the Board voted unanimously to approve the contract with Cherry Bekaert & Holland for the audit of the fiscal year ended June 30, 2008 and to authorize the Chairman to sign the contract Action to Proceed with Agreement with Citv of Asheboro for Library & Courthouse Parking Lot County Manager Richard Wells said that the house beside the Asheboro Public Library is now available for sale, and the City plans to buy the house with the intention of tearing it and the house beside it (currently used by the Friends of the Library) down in order to build a parking lot. The County will furnish the materials for the project and the City will provide the labor. The City will provide a small store building for a new home for the Friends of the Library. The new lot will provide much needed additional parking for the Library and Courthouse. Mr. Wells asked for the Board's approval to proceed with these plans. On motion of Kemp, seconded by Haywood, the Board voted unanimously to authorize the County Manager to negotiate an agreement with the City of Asheboro for the construction of an additional parking lot at the Courthouse. Recess At 6:08 p.m., the Board took a short recess and returned to regular session at 6:37 p.m. Rezoning Pubic Hearing At 6:37 p.m., the Board adjourned to a duly advertised public hearing to consider rezoning requests. Hal Johnson presented the following requests, and Chairman Holmes opened the public hearing for comments on each request and closed it before taking action on the requests. 1. MOFFITT=S, INC., Asheboro, North Carolina, is requesting that 5.81 acres out of 127.60 acres located at 2518 Old Humble Mill Road, Grant Township, be rezoned from RA/RM to RM -CD. Tax 1D# 7679244918. Secondary Growth Area. The proposed Conditional Zoning District would specifically allow the development of a 22 -lot addition to Richland Village Mobile Home Park (existing 122 lots) as per site plan. The Planning Board reviewed this request at public meeting on January 8, 2008 and unanimously recommended that this request be approved. Mr. Johnson noted that the applicant petitioned for the entire tract to be rezoned in 1998 to allow for 300 mobile homes, but was denied. The Planning Board found the following Policies within the Growth Management Plan that support determination of consistency with the adopted plan with this recommendation: Policy 6. S The protection of viable rural neighborhoods should be encouraged by compatible residential development to insure the continued existence as a major housing source and as a reflection of the long- term quality of life in Randolph County. Policy 7.5 Site plans should be provided that design built upon areas to specifically minimize stormwater runoff impact to streams and other receiving waters. 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. Jon Megerian, Attorney, speaking on behalf of Walker Moffitt, said he wanted to expand the existing 122 -lot trailer park, increasing it by 22 more lots. Mr. Megerian said that Mr. Moffitt's family had owned the land around the trailer park since the 19th century. According to Mr. Megerian, the two people who came to the Neighborhood Information meeting said that they didn't want singlewides and didn't want trailers on the east side of the park. He said that the Planning Board and the Technical Review Committee have recommended approval. He said there's no reason not to approve it since the request exceeds all the standards set forth in the County's Growth Management Plan. The office at the park is managed 24 hours a day, seven days a week. The road has been upgraded. The park operates its own water system, which has been licensed by the State to serve the park residents. Trash pickup and lawn maintenance are provided by park management. All roads and parking areas are paved. DOT says that increased traffic would be within acceptable numbers—there's no need for a turning lane. School impact would be negligible. The Planning Board cited three policies to support approval of the request. James Harvey Humble spoke in opposition to the request, saying that the new bridge on Old Humble Mill Rd. is still a 2 -lane bridge. He presented petitions of opposition to the Board. He believes the traffic figures from DOT have been underestimated. According to the NC Highway Patrol, there were 17 crashes on Old Humble Mill Road between 8/l/04 and 7/21/07. Most involved high speeds and some accidents were not reported. He said that there have been numerous 911 calls from residents in the park involving family fights, larceny, intoxication and discharge of firearms. He said that the community doesn't deserve having to deal with these activities. Garbage along the road is a big problem. Crime has increased since the park opened—there have been lots of break-ins in the area, most of which have been traced back to park residents. Mr. Humble also believes the school impact is grossly underestimated. Also, there are usually three or four cars at each trailer, which he believes indicates there are more than one family living at each trailer. Mr. Humble distributed pictures to Board members of the area. Ralph Voncannon said that he lives 1/2 -mile from the park. He asked the Board to deny the request due to traffic concerns. He said that although it's a neat park, it's big enough already. He said that on New Year's Day a man from the park drove right up to his house and the Sheriff s Department had to be called to come and get the man because he was drunk. James Humble, Jr. said that he does not live near the park, but his family does. He said that he would not allow his children to stay with his parents now if they didn't lock their doors. His parent's buildings have been broken into and the area is not safe anymore. Trash along the road has increased since the park was established. In fact, no one will "adopt" this road because there is too much trash. They have found where someone had used candles in their hay barn—now they have to keep the barn locked up. He believes that if the park is expanded by 22 lots now, there will be more in the future. The new bridge is just a little wider than the old one. Eve Fenberg said that she lives near the park and is raising three children. The park is already too intense for the area. There is a trash problem already. The park is not good for the neighborhood. She said that Mr. Moffitt does not live there and doesn't have to deal with the problems the neighbors do. Traffic is bad; she hears screeching tires all the time. Jon Megerian spoke again and presented a letter from former Sheriff Litchard Hurley dated 4/6/1998; the letter said the park appears to be well maintained and operating properly. He urged the Board to approve the request because there's no reason to deny it. Mr. Moffitt spoke again and offered to upgrade the lots from singlewides to doublewide homes. He also offered to buffer the east side of the property and to refrain from further development of the site without coming back to the county for additional rezoning. On motion of Kemp, seconded by Haywood, the Board voted 3-2, with Frye and Lanier opposing, to approve the request of Moffitts, Inc. with the added condition of doublewide mobile homes only (no singlewides) and, as determined consistent with policies contained within the adopted Growth Management Plan and outlined in the Planning Board recommendation. 2. CES INVESTMENTS, Asheboro, North Carolina, is requesting that 28.26 acres located at 5159 NC Hwy 134, Union Township, be rezoned from RA to CVOR-CD. Tax ID#=s 7655191907. Secondary Growth Area. The proposed Conditional Zoning District would specifically allow the development of a 23 - lot, class A mobile home, modular home or site -built subdivision with a minimum house size of 1,200 sq. ft. (Eugene & Beulah Luck - Property Owner). The Planning Board reviewed this request at public meeting on January 8, 2008 and unanimously recommended that this request be denied. The Planning Board found the following Policies within the Growth Management Plan that support determination of consistency with the adopted plan with this recommendation: Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to insure the continued existence as a major housing source and as a reflection of the long- term quality of life in Randolph County. Policy 6.13 Conventional Residential Subdivisions are anticipated of similar housing characteristics to the community Jerry King, surveyor, said that they have redone the site plan to combine Lots 1, 2 and 3 into two lots, lots 5, 6 and 7 into two lots, thereby decreasing the number of driveway entrances onto Hwy 134. All lots will have individual wells and septic tanks. Lots 20 and 21 may not be developed due to problems with an old pond site. The average lot size is 1.14 acres. The developer will require a 1,200 sq. ft. minimum house size with site -built or doublewide homes with a 5/12 pitch roof and will plant a buffer on the north and south sides of the property. Mr. King said that it will cost the developer $200,000 to build a road into the development. Rob Stover, CES Investments developer, spoke in favor of his request, saying that he changed the site plan due to the neighbors' concerns. He said that the subdivision would be beneficial for Randolph County because these homes would be affordable, especially in light of the poor economy and job losses. The cost of the road would be passed on to the consumer. Mr. Stover said that he had Julian West, an appraiser, to do an appraisal on one of the small lots with a small home and her value was a minimum of $95,000. He said that the average tax value of homes within one mile of the subdivision was about $70,000. He mentioned that all homes would be required to have a 5/12 roof pitch. He encouraged the Board to approve his request. Doug Cheek spoke in opposition to the request, saying that he lives right across the street from the subdivision. Hwy 134 is already hazardous. If the request is approved, more school buses will be needed and the cost of Sheriff s Dept. patrols will increase. He also has water and sewer concerns. Joe Edwards said that he lives next door to the subdivision and opposes the request. He has traffic concerns and wonders how people will exit the development on the already busy Hwy 134. He's also afraid that people from the subdivision will get in his pond or in the pasture with the bull. He asked the Board to deny the request. Doug Connor said that he also lives next door to the subdivision. He has water and sewer concerns. He also fears that when the bank forecloses on some of these doublewides, they will rip the trailers off the foundation and leave the broken foundation lying there, which will be an eyesore. He moved to the area because of its rural nature. Since he's only 20 feet from the subdivision, he would like more of a buffer. He says the sight distance is bad along Hwy 134, and he has traffic and safety concerns. Ava Bolick spoke in opposition to the request. She has septic concerns because of the clay soil and fears well and ground water contamination. Run-off will feed into Little River. She also has water table concerns as well as traffic concerns. She hears screeching tires every day. She said we need to be good stewards and use our land and resources responsibly. She asked who would be responsible for enforcing the restrictive covenants. She urged the Board to deny the request. Danny Shaw spoke on behalf of his father, whose land borders on the east side of the creek. There is a four wheeler trail and a logging road there. His family deer hunts on their land and worries about liability, should someone wander onto their property and get shot. He also asked about enforcement of the restrictive covenants. He distributed pictures of unsightly property located beside his property. Glenn Miller, adjacent land owner, distributed pictures of the nice stick -built homes in the neighborhood. He said that the Growth Management Plan does not support the requested subdivision. The bulk of new construction over the last seven years has been stick -built. He said that people take pride in their homes in the community. He said that the developer will not make concessions on decreasing the number of lots and not allowing mobile homes. They also will not restrict the five lots at the front of the development to site -built homes. Mr. Miller says this proposed development is too dense for the environment. Also, once one mobile home goes in, no one else will want to build a stick -built home. The lot sizes are too small for this rural neighborhood. If this development is approved, it will set a precedent for more mobile homes. If the plan is approved he believes that the minimum house size should be 1,600 sq. ft. and the number of lots should be reduced to 13. Brooke Campbell spoke, saying that she was a newcomer to the area in 2005 and built a home on Burney Road. She loved the ruralness of the area. Now, traffic is bad and she often has to take a different route to work because of the increased traffic. She urged the Board to deny the request. On motion of Frye, seconded by Kemp, the Board voted 4-1, with Lanier opposing, to deny the request of CES Investments, as determined consistent with the adopted policies of the Growth Management Plan and with the recommendations of the Planning Board. 3. TRIAD TRAILER REPAIR, INC., Archdale, North Carolina, is requesting that 51.76 acres located on Branson Davis Road (past Walker Mill Road), New Market Township, be rezoned from RA to RLOE-CD. Tax ID# 7746506036. Rural Growth Area. The proposed Conditional Zoning District would specifically allow the development of a 16 -lot residential subdivision for a conventional modular and site -built subdivision with 1,300 sq. ft. minimum house size. The Planning Board reviewed this request at public meeting on January 8, 2008 and unanimously recommended that this request be approved with the exception of the lower five lots. The Board added that if DOT doesn=t purchase the property, the property owner should be allowed to come back before the Board to approve those lots for development. The Planning Board found the following Policies within the Growth Management Plan that support determination of consistency with the adopted plan with this recommendation: Policy 2.6 The County should encourage new major conventional residential subdivision development to be located in growth areas likely to be served at some point by public infrastructure or in cluster subdivisions to be designed in a manner that would reduce infrastructure extension distances. Policy 6.13 Conventional Residential Subdivisions are anticipated of similar housing characteristics to the community. Policy 6.14 Residential subdivisions should, in order to promote efficiencies in the delivery of urban services, be encouraged to develop in a fashion which minimizes Aleap frog- development (i. e. leaving large vacant areas between developments). Policy 8.10 The County should support local and regional efforts in promoting the development of transportation systems which provide transportation choices, enhance mobility, encourage economic development, and protect the manmade and natural environments of the county and region. Jerry King, surveyor, spoke on behalf of the applicant, saying that Mr. East brought this request before the Board about a year ago and the Board denied it because of questions concerning the anticipated location of the new I-73 corridor. However, Mr. King said, while the new road will probably be built sometime, how long can a man's property be kept tied up? Lyn Small said that while this request is more acceptable, he still opposes the section with the five lots that may be taken by DOT. If this section is rezoned residential instead of agricultural, it will increase the cost of the highway project for taxpayers. He said that Mr. East knew that the corridor was coming through that area when he purchased the property. He asked the Board to deny the 15 acres that will be affected by the new highway and approve the remainder. Mr. Small also said that Mr. East did not attend the Neighborhood Information Meeting and argued that the request should be denied just because of that alone. He also encouraged Mr. East to increase the minimum square footage for the houses back to the original request of 1,600 sq. ft. Mr. Small urged the Board to require developers to attend the Neighborhood Information Meetings. Reuben Blakley, Division 8, District 1 Engineer, said that the I-73/74 project is on the fast track and will be let for bids soon. On motion of Frye, seconded by Kemp, the Board voted unanimously to approve the request of Triad Trailer Repair, Inc. with the recommendations of the Planning Board, as determined consistent with the adopted policies of the Growth Management Plan. This approval, as recommended by the Planning Board, excludes the lower five lots; if DOT doesn't purchase the property, the property owner will be allowed to come back before the Board to request approval of those lots for development. 4. ERNEST HAMMER, Asheboro, North Carolina, is requesting 10.00 acres out of 44.33 acres located at 2708 Fairview Farm Road, Grant Township, be rezoned from E-1 to CEO -CD. Zoo Growth Area. Tax ID# 7679909368. The proposed Conditional Zoning District would specifically allow the operation of a zipline course as per site plan. The Planning Board reviewed this request at public meeting on January 8, 2008, and unanimously recommended that this request be approved. The Planning Board found the following Policies within the Growth Management Plan that support determination of consistency with the adopted plan with this recommendation: Policy 1.3 The continued growth of Randolph County's heritage tourism industry will be encouraged. Policy 2.7 The County should ensure that land development decisions are made to protect surface and groundwater resources through protection, preservation, and development enhancement. Earnest Hammer spoke in support of his request, saying that this is only the second zipline in North Carolina. It will be low impact and environmentally friendly. He distributed pictures of the scenic property where the zipline will be located and said that the ride would be a 2- to 21/2 -hour ride. All guides will be trained in CPR, first aid and rescue. There will be a 72 -ft. training line. Although there will be only one rider at a time, the ride will be done in groups of 12-15 people. He proposes a $50/person or $35/children cost to ride. Bill Johnson spoke in support of this request, saying that this will be a great asset for Randolph County, especially since it borders zoo property. On motion of Lanier, seconded by Haywood, the Board voted unanimously to approve the request of Ernest Hammer, as determined consistent with the adopted policies of the Growth Management Plan and with the recommendations of the Planning Board. 5. WILLIAM SMITH, Liberty, North Carolina, is requesting that 13.10 acres located at 3347 Old 421 Road, Liberty Township, be rezoned from HI to HC -CD. Rocky River Watershed. Primary Growth Area. Tax ID# 8735359444. The proposed Conditional Zoning District would specifically allow the operation of an outdoor flea market as per site plan. The Planning Board reviewed this request at public meeting on January 8, 2008, and unanimously recommended that this request be approved with the following conditions: **no road side parking (signage and parking assistant attendants shall be required) **operate for 4 days only (a year) with the days coordinated with the Planning Office . The Planning Board found the following Policies within the Growth Management Plan that support determination of consistency with the adopted plan with this recommendation: Policy 4.2 Highway oriented commercial uses should be clustered along segments of arterial streets and contain land uses that are mutually compatible and reinforcing in use and design. They should be designed in a way that minimizes signage, access points and excessive lengths of commercial strip development. Resolution Establishing The Randolph County Growth Management Plan: 1) Recognize that all individual growth management decisions are part of a larger interconnecting framework of building sustainable and quality growth within Randolph County. William Smith, applicant, spoke in support of his request, saying that since the January Planning Board meeting, he plans to move the vendor area to the back of the property and situate the parking lot up front. On motion of Frye, seconded by Haywood, the Board voted unanimously to approve the request of William Smith, as determined consistent with the adopted policies of the Growth Management Plan and with the recommendations of the Planning Board, which include the conditions of no road side parking (signage and parking assistant attendants shall be required) and a restriction of being able to operate for only four days a year, with the days coordinated with the Planning Office Special Meeting Date Set for County Retreat On motion of Frye, seconded by Kemp, the Board voted unanimously to set the special meeting date for a County Retreat for Saturday, March 8, at 8:30 a.m., the location to be determined. Adiournment At 8:32 p.m., there being no further business, the meeting adjourned. J. Harold Holmes, Chairman Darrell L. Frye Phil Kemp Arnold Lanier Stan Haywood Cheryl A. Ivey, Clerk to the Board