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10/01/84RANDOLPH COUNTY HOARD OF CJOMMISSIONERS MINUTES October 1, 1984 The Randolph County Board of Commissioners met in regular session at 2:00 p.m., October 1, 1984 in Courtroom B, County Courthouse, Asheboro, NC. Present were Chairman Darrell Frye, Floyd Langley, Kenyon Davidson, and Richard Pugh. Absent was Richard Petty. Invocation was given by Rev. Don Ashley, Liberty Road, Asheboro, NC. On motion of Kenyon Davidson, seconded by Floyd Langley, the minutes of the September 10 meeting were approved. Chairman Darrell Frye introduced Carolyn Laws and Dan Shelton of American Television and Communications Corporation. Ms. Laws is replacing Dan McLaughlin as Director of Operations for Asheboro and Archdale Cablevision. Mr. McLaughlin has been transferred to Savannah, Georgia. Mr. Shelton is Vice President of Public Affairs, Piedmont Division, Greensboro. Ms. Laws and Mr. Shelton assured the Commissioners that cablevision service in this area will remain at the high-quality level that had been provided under Mr. McLaughlin's administration. Mr. Odell Cox, Town Board member from Ramseur, came before the Board to request permission for Ramseur's recreation department to lease the ballfield and possibly the gym at Caveness School. This school is presently being used for the Willie M. program only and the field is not used at all. Mr. Cox stated that it would be less expensive for Ramseur to repair and�maintain the Caveness site than to build a new one. He requested written authorization for Ramseur to use the Caveness field for a defined period of time. Chairman Frye stated that the Board of Education, Mental Health, Randolph County and Ramseur must all agree to the terms of the lease. On motion of Richard Pugh, seconded by Kenyon Davidson, the Commissioners agreed in principle to support Ramseur's request and to authorize the county manager and county attorney to work with the Board of Education attorney and Ramseur attorney to work out options for a lease agreement. Mr. Lester Moore, Director for the Division of Economic Opportunity, Department of Natural Resources and Community Development, and Ms. Janice Scarborough, Director of Randolph Community Services, were present to discuss Randolph County's participation in state and federal funded community services programs. Mr. Moore informed the Board that Randolph County must come under the umbrella of an existing Community Action Agency in a county contiguous to Randolph. Chatham and Davidson have such agencies but Chatham has declined to administer any new programs for other counties at this time. Mr. Moore indicated that Davidson would be willing to administer the programs for Randolph. Responding to a request by Randolph Board of Commissioners, Mr. Moore said that Randolph Community Services could serve as a subcontractor through Davidson County for administering the funds. He pointed out, however, that it would be Davidson that would be responsible to the state for allocation of moneys, audit exceptions, etc. Davidson would also have to allow Randolph some representation on their agency board. Mr. Moore indicated that, as a rule, Randolph's programs would have to be the same as those Davidson County already has. All programs must provide services for the poor, elderly, or handicapped. The amount of funds Randolph could receive would be based on the number of poor as shown by the 1980 census. Mr. Moore said that Davidson should not charge an administrative fee since funds would merely be channeled through them and they would have no administrative costs. On motion of Floyd Langley, seconded by. Kenyon Davidson, the Commissioners voted to negotiate with Davidson County to serve as Randolph's Community Action Agency through a subcontract with Randolph Community Services and to establish what options can be worked out with Davidson. Commissioners Minutes October 1, 1984 Page 2 On motion of Richard Pugh, seconded by Floyd Langley, the Commissioners voted to approve in writing the authorization for the Director of Social Services, who is currently Marion S. Smith, to sign contracts for Social Services. On motion of Floyd Langley, seconded by Richard Pugh, the Commissioners unanimously approved a request from Department of Transportation for the addition of Cedar Creek Drive to the State System of Roads. Copy of resolution included by reference. On motion of Floyd Langley, seconded by Kenyon Davidson, the Commissioners unani- mously adopted the holiday schedule for 1985. Copy included by reference. Patty Sykes, Purchasing Agent, presented bids for a prisoner transport station - wagon for the Sheriff's Department. On motion of Floyd Langley, seconded by Richard Pugh, the Commissioners unanimously voted to accept the low bid of $10,993.88 from Nance Chevrolet and to waive the performance bond requirement. Copy of the bid letter included by reference. Mrs. Sykes presented bids for microfilm equipment for the Register of Deeds Office. Of the four bids, two did not meet specifications. The lower of the two other bids, Document Technology, bid a processor which operates at a speed much slower than what will be needed. Therefore, Purchasing recommended awarding the bid to Eastman Kodak, who bid $44,767.00, and recommended waiving the performance bond requirement. On motion of Richard Pugh, seconded by Kenyon Davidson, the Commissioners unanimously voted to award the bid to Eastman Kodak and to waive the performance bond requirement. Copy of bid letter attached by reference. On motion of Richard Pugh, seconded by Floyd Langley, the Commissioners adjourned to a scheduled public hearing for rezoning at 4:00 p.m. Chairman Frye stated that Howard Realty, High Point, NC, is requesting that approximately 20 acres of land located on Uwharrie Road (SR 1612), Zoning Map 1-1; Tax Map D-002-005; Trinity Township; be rezoned from Residential Suburban to Conditional Use Light Industrial. It is the desire of the applicant to expand a junk vehicle and auto parts business on the property. The Planning Board met on September 26 and recommended that the 20 acres.be rezoned Light Industrial and that 5i acres be given a special -use permit for the operation of a junk vehicle and auto parts business. Hal Johnson, Planning Director, added that the intent of the Planning Board was not to allow expansion of the existing junkyard. Robert Wilhoit, attorney for Bell & Brown, 200 Worth St., Asheboro, representing Howard Realty, stated that Mr. Howard had opened his junkyard business in 1978, after checking with the County to see if there were any zoning restrictions. He was told by the county manager that there was no zoning in the county at that time. Therefore, Mr. Howard had acted in good faith. Kenneth Howard, Howard Realty, 600 N. Main St., High Point, presented photographs of the property in question and told Commissioners that he had never received any complaints from anyone in the neighborhood of the junkyard. Mr. Howard also stated that he thought he was protected from zoning restrictions by the "Grandfather Clause." Ernest Williams, Rt. 5, High Point, and adjoining property owner, advised the Board that he opposes junkyards because of the rats, dogs, and noise problems they produce and because they are an eyesore. He maintained that no sales tax number was issued to Mr. Howard until March, 1982, which indicated that he did not have a business before that time. He said that Mr. Johnson had instructed Mr. Howard to cease pulling in cars but that Mr. Howard did not comply. Mr. Williams said that when he bought his property in 1980 he was told that Mr. Howard's business was an auto salvage operation only. At that time, six to eight cars were sitting on the lot. No sign was erected until 1982. Commissioners Minutes October 1, 1984 Page 3 Archie Smith, attorney for Smith, Casper & Smith, spoke on behalf of an adjoining property owner, who felt that the Planning Board had made the right decision. Douglas Weant, Rt. 5, Box 110, High Point, stated that he opposed junkyards and that this one is illegal. He said that the church next to the junkyard put up a fence in 1979 to prevent junked cars from being towed through the church yard. Mr. Weant stated that at the September 26 Planning Board meeting he and the other 73 property owners who had signed the petition had asked for proof that the business was there before zoning but that they were offered no proof. In fact, the petition was not even mentioned at that meeting. Rhonda Weant, Rt. 5, Box 110, High Point, stated that the neighbors did not realize the business was a junkyard until recently when many more cars were pulled in. She said the business had refused to abide by the county's instructions and that in the spring of 1982, they had called Hal Johnson about the situation. Mr. Weant said that the Trinity area already has several junkyards, more than all of High Point, in fact, and does not need another one. Marvin Hall, Rt. 5, Box 115, High Point, stated that he lives next to the church and that he can see and hear the junkyard from his property. He spoke in opposition to having the junkyard there. Commissioner Frye asked Don Lily, operator of the business, how may cars are on the property now and how many two years ago. Mr. Lily stated that about 300 cars are on the lot now; two years ago, there were about 150. Dorothy Williams, Rt. 5, High Point, pointed out that the business's bookkeeping records show the number of cars crushed but that there are no records to show the number of cars brought in. She said she did not understand how a bookkeeping system could fail to provide this information. She also mentioned that Mr. Howard had not responded to the letter sent him by Mr. Johnson asking for certain information about the business. Mr. Howard stated that he did not respond because of the appeal process. Mr. Hall mentioned that a new area on the Howard property had been cleared last fall. Mr. Lily stated that the trees were cut for firewood and because he had plans for putting a double -wide trailer on that site. Mr. Howard stated that the neighbors were referring to expansion in terms of the number of cars brought in rather than in terms of area used. He advised the Board that while more cars were being brought in, no extra space was being utilized. He maintained that his business was an actuality at the time of his purchase of the property in 1978 and that he had bought a wrecker at the time for towing cars. His intent was to use 10 acres and that much was cleared in 1978. Mr. Williams stated that Mr. Howard should have proof of the number of cars bought. Attorney Wilhoit stated that all topics brought up in this public hearing were touched on at the Planning Board meeting. Chairman Frye declared the public hearing ended and reconvened regular session. County Attorney Alan Pugh advised the Board that just because a particular land use was allowed before county zoning is no reason to allow that particular use to continue. A non -conforming use is at the sufferance of the authority governing zoning; it has no inherent right to exist. There is no contractual obligation on the part of the County because a county manager had told someone an action was permissible. Richard Pugh asked opposing citizens what action they were requesting. They said they want the junkyard closed down. Attorney Pugh asked Mr. Johnson what conditions may be stipulated with a rezoning permit. Commissioners Minutes October 1, 1984 Page 4 Mr. Johnson stated that setbacks, screening devices, distance from adjoining properties, and hours of operations are all options. Mr. Johnson stated that Mr. Howard should have applied for a conditional use permit in January, 1979, when the county zoning ordinance was adopted. ,Attorney Pugh stated that even if the property was bought and its use begun before zoning, it has no right to continue to exist. Mr. Lily stated that hours of operation are from 9 a.m. to 7 p.m. six days a week and that he lives on the property. Mr. Howard suggested that as a compromise solution he move the junkyard area to the middle of the lot with a 50' buffer on either side. Mr. Johnson informed the Commissioners that the Planning Board had not imposed any restrictions on their recommendations for rezoning. On motion of Floyd Langley, seconded by Richard Pugh, the Commissioners unani- mously voted to send this matter back to the Planning Board for reconsideration in spelling out buffer zones and for consideration of Mr. Howard's offer of shifting the junkyard to the middle of the lot. Manager Frank Willis advised the Board that he had received petitions from property owners in Piedmont Estates, Climax area, to name the roads in their sub- division. They want to erect signs at their own expense, and Department of Trans- portation has requested that the Commissioners officially name the streets first. On motion of Richard Pugh,.seconded by Kenyon Davidson, the Commissioners set a public hearing for the November meeting for the purpose of naming said roads. Mr. Willis recommended to the Board that a street sign be erected for the McDowell Center at its Fayetteville Street entrance like the sign for Randolph Technical College on Fayetteville Street. The City of Asheboro will make the sign. On motion of Kenyon Davidson, seconded by Richard Pugh, the Commissioners unanimously approved the recommended sign. Responding to a question brought up by Commissioner Pugh at the September meeting, County Attorney Pugh stated that there is no noise ordinance in Randolph County, but that under the civil nuisance law, a citizen can take someone to court. Manager Willis reported that Westside Fire District firemen have now obtained the signatures of at least two-thirds of the property owners in the gap area of the proposed annexation and are now working on the expansion area signatures. On motion of Kenyon Davidson, seconded by Richard Pugh, the Commissioners unanimously appointed Peggy Slack to the Eastern Piedmont Medical Services Advisory Board. On motion of Kenyon Davidson, seconded by Richard Pugh, the Commissioners accepted two budget amendments presented by Frank Willis. Copies included by reference. Chairman Frye announced that the County Forest Ranger is in the process of working out a written agreement with the NC Zoo for housing their bulldozer. Chairman Frye reported that Randolph County had been nominated by the'NC Zoological Park Council for the 1984 Natural Resources and Community Development Award, Community Category. Although the County did not win the award in this category, we were presented a plaque at the awards banquet last Tuesday in Raleigh. The plaque will be hung in the County Manager's office. Commissioner Pugh requested that Chamber of Commerce funds be placed on the agenda for the November meeting. The meeting adjourned. �77 - - RANDOI.PH COUNTY BOARD Or, COMMISSIONERS 145 WORTH STREET - ASHEBORO, M. C. 27203 Resolution WHEREAS, the Department of Transportation has investigated Cedar Creek Drive in. Cedar Creek Subdivision; and WHEREAS, this street has been found to meet the minimum requirements for addition; NOW, THEREFORE, BE IT RESOLVED by the Randolph County Board of Commissioners that Cedar Creek Drive in the Cedar Creek Subdivision be added to the State System of Roads. This is the Ist day of October, 1.984. Darrell L: Frye, Chairman Randolph County Board of Commissioners CERTIFICATE This is to certify that the above resolution was duly adopted at a meeting held by the Randolph County Board of Commissioners on October 1, 1984. Anni_ Shaw, Clerk to -the Board Randolph Country Board of Commissioners