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10058710/05/1987 1 Retirement of Elizabeth Dix, Librarian Library Appr 1 Joint session with schools and school merger task force NO/AC 2 Designate County Planning Board as agent to review fair housing violation Planning & Zoning Appr 3 Adopt Fair Housing Complaint procedure Appr 4 DOT additions Hilltop Dr and McPherson Rd. Appr 5 Set Public hearing on reenactment of local government sales & use taxes Appr 6 Salvation Army request for funding Deny 7 Update of Seagrove-Ulah Water District NO/AC 8 Appointments to Randleman Planning & Zoning Bd. Appr 9 Budget Amendment Health Dept. and Public Library Health Appr 10 Randleman Lake Water Critical Designation Personnel Table 11 Roberts Realty Co. Columbia Township, 3 ac Hwy 64 Planning & Zoning Appr 12 Wayne & Billie Sue Waisner Richland Township, 14 1/2 ac 5R2845 Planning & Zoning Appr 13 Carl Kinney, Columbia Township, 2 ac Hwy 64 Planning & Zoning Appr 14 James & Ann Slaughter, Trinity Township, 4 ac Hwy 62 Planning & Zoning Appr 15 Klaussner. Cedar Grove Township, 41 ac Bus 2205 Planning & Zoning Appr RANDOLPH COUNIY BOARD OF COMMISSIONERS MINUTES OBER 5, IL987 The Randolph County Board of Commissioners met in regular session at 2:00 p.m. on October 5, 1987 in Courtroom B, Courthouse, Asheboro, NC. Commissioners Frye, Langley, Davidson and Comer were present. Commissioner Petty came in where noted in the minutes. Invocation was given by Rev. Clyde (Junior) Dawkins of Worthville Baptist Church. Approval of Minutes On motion of Davidson, seconded by Comer, the minutes of the September 8 meeting were approved. Proclamation - Retirement of Elizabeth Dix On motion of Langley, seconded by Comer, the Board adopted a proclamation in honor of the retirement of Elizabeth Dix, Librarian. Copy included by reference. Fair Housing Program Alice Dawson of the Manager's office explained to the Board that the County must initiate a fair housing program because of an economic development block grant the County has received. A fair housing program is a requirement of all such grant recipients. As part of this program, the Board of Commissioners must adopt a complaint procedure for persons who allege discrimination against them under Title VIII (Fair Housing Section) of the Civil Rights Act of 1968. The Board must also designate an agent to review complaints _filed with the County. Mrs. Dawson presented a proposed complaint procedure for the Board's consideration and recommended that the County Planning Board be designated as the County's agent to hear and resolve fair housing complaints. On motion of Comer, seconded by Davidson, the Board designated the County Planning Board as the County's agent to review fair housing violations. On motion of Langley, seconded by Comer, the Board adopted the proposed Fair Housing Complaint Procedure. Copy included by reference. D.O.T. Additions On motion of Davidson, seconded by to add Hilltop Drive and McPherson Road included by reference. Langley, the Board adopted resolutions to the State System of Roads. Copies Reenactment of Local Government Sales and Use Taxes - Set Public Heari Manager Frank Willis informed the Board that because of legislative action redefining "point of sale" as it relates to the collection of sales and use taxes, every board of commissioners in North Carolina must reenact local government sales and use taxes (the 1� and both i� taxes Randolph has) by February 1, 1988 or cease to collect them. The first step of the procedure for reenactment is to set and hold a public hearing on the issue. The Board set a public hearing for the purpose of considering reenactment of local government sales and use taxes for 2:30 p.m. on Monday, November 2, 1987. Commissioners Minutes October 5, 1987 Page 2 Salvation Army Request for Funding County Attorney Ed Gavin reported to the Board that he had researched the issue of whether the County may participate in funding the construction of a new Salvation Army facility. He said that before a county can appropriate any public money for any purpose, it must make sure it is for a public purpose. According to G.S. 153A-449, a county must be able to levy taxes for any purpose for which it appropriates money. Mr. Gavin noted that the law looks at the Salvation Army as a religious society. He said that his legal opinion is that the Salvation Army is not a public purpose for which the Board of Commissioners could levy taxes; therefore, they cannot appropriate money for it. The Board chose to make no motion concerning the funding of the Salvation Army, but they commended the organization for its very worthwhile purpose. Commissioner Petty entered at this point and was present for the remainder of the meeting. Seagrove-Ulah Water District Chairman Frye gave an update on the Seagrove-Ulah proposed water district. The City of Asheboro has indicated they would be willing to sell an undetermined amount of water for an undetermined period of time to the water district if it becomes a reality. The County has been unable to employ a planner yet and feels that the County needs a planner hired before proceeding with this project. Appointments - Randleman Planning & Zoning Board Outside Members On motion of Petty, seconded by Comer, the Board reappointed Worth Greeson, John Wood, Mildred McDonald, Leon Hucks and Charles Brown as outside members of the Randleman Planning and Zoning Board. Budget Amendments On motion of Davidson, seconded by Petty, the Borad approved budget amend- ments involving the Public Library and Public Health Departments. Copy included by reference. Randleman Lake Water Critical Designation Hal Johnson, Planning Director, told the Board that the Piedmont Triad Regional Water Authority has requested that Randolph County use all of its legal means to keep new development or subdivisions from taking place in the proposed development area of the Randleman Lake. The Water Authority has also asked that Randolph begin enforcing its Water Critical Area requirements within � mile of the future lake. The Water Authority has provided a map indicating the location of the lake with contour elevation levels at 6901. This includes a 200' natural buffer area around the lake. Because Randolph County has not previously had Water Critical Area Maps for the future Randleman Lake, the Board of Commissioners will need to approve these as the official maps prior to enforcement of Water Critical Area regulations. Sonny Davis, Sophia, voiced his concerns that property in the area of the proposed lake will not be purchased for 10 years, but the Water Authority's plan to prevent development will mean a person will not be able to use his land for those 10 years. He also questioned the 200' buffer the Water Authority wants to Commissioners Minutes October 5, 1987 Page 3 establish. He said he understood that the County Commissioners would set the maximum footage on the buffer. Also, he said, 200' would mean a loss of even more tax base. County Attorney Ed Gavin raised the question of whether approval of this Water Critical Area Map would constitute an amendment to the Randolph County Zoning Ordinance and its official maps. If so, a public hearing will be required. The Board instructed Mr. Johnson to get clarification on this issue, which was tabled until the November 2 meeting. Rezoning Requests - Public Hearing On motion of Davidson, seconded by Comer, the Board adjourned to a duly advertised public hearing at 4:00 p.m. Hal Johnson, Planning Director, presented five rezoning requests: 1. Roberts Realty Company, Asheboro, is requesting that approximately 8 acres located on the south side of Highway 64 and west of intersection SR 2626/2481, Columbia Township, be rezoned from Residential Agricultural to Highway Commercial (Zoning Map 8712). It is the desire of the applicant to use the land for commercial development. The Planning Board has recommended that this request be approved. No one spoke in favor of or in opposition to this request. 2. Jerry Wayne and Billie Sue Waisner, Asheboro, are requesting that approximately 14� acres located on the south side of SR 2845, east of SR 2831, Richland Township, be rezoned from Residential Restricted to Residential Agricultural/ Conditional Use (Zoning Map 7677). It is the desire of the applicant to operate a tire and battery shop for a rural family occupation of a commercial nature. The Planning Board has recommended that the request be approved. No one spoke in favor of or in opposition to this request. 3. Carl Kinney, Ramseur, is requesting that approximately 2 acres located south of Highway 64, fronting on SR 2626, south of SR 2621, Columbia Township, be rezoned from Residential Restricted to Residential Agricultural/Conditional Use (Zoning Map 8711 or 8712). It is the desire of the applicant to obtain dealer's license for wholesale cars and some body repair work for a rural family occupation of a commercial nature. The Planning Board has recommended that this request be approved. Mr. Kinney spoke to say that he expected to have only two or three cars on site at any given time and that his father would actually run the business. 4. James and Ann Slaughter, Route 3, Trinity, are requesting that approximately 4 acres fronting on the north side of Highway 62, immediately southwest of intersection SR 1558/Highway 62, Trinity Township, be rezoned from Residential Restricted to Residential Agricultural/Conditional Use (Zoning Map 7707). It is the desire of the applicant to operate a toy -gift shop and tanning salon for a rural family occupation of a commercial nature. The Planning Board has recommended that the request be approved. Commissioners Minutes October 5, 1987 Page 4 Mrs. Slaughter told the Board that she and her husband live on the property and that the building for the proposed business is located in their backyard. 5. Klaussner Industries, Asheboro, is requesting an addition to a Conditional Use Permit on approximately 41 acres fronting on the west side of Business 220 South, near Teague's Exxon at Ulah, adjacent to existing plant, Cedar Grove Township, which would allow the use of wood to generate electricity and produce heat to use in kilns for drying lumber in a power generating plant. The Planning Board has recommended that this request be approved. Rodney Miller of BioMass Energy Company, contractor for the proposed plant, stated that they plan to insulate the building and put mufflers on the engines to reduce the noise outside the building. Leo Peraldo of Klaussner said that his company produces 70-90 tons of waste (wood shavings) per day and that this waste will be used through oxidation to generate electricity, which will be sold to CP&L. This process will also create enough heat to use in kilns for drying lumber. Mounir Mazzawi of Mechem Associates, engineer and project manager for this proposed plant, stated that the three spark ignition engines to be used are commonly used by cities with power plants and that they are excluded from EPA control. Keith Schuler, adjacent property owner, expressed concern over the potential noise factor and asked that the Board of Commissioners place restrictions on the noise level if they approved this request. Hal Johnson, Planning Director, noted that in an earlier rezoning request, Klaussner had been instructed to maintain a 50' buffer between the property involved in today's request and adjacent property owners to provide a natural buffer of trees and other growth. It appears that this buffer has been cleared. Mr. Johnson is in the process of contacting Klaussner to determine if this buffer restriction has been violated. Shirley Fleming, adjacent property owner, raised a concern that since Klaussner has violated earlier restrictions they may violate restrictions placed on this permit too. She said the noise they already have from the planer in the existing plant wakes her up it is so noisy. She questioned whether there would be an odor from the proposed process. Mr. Mazzawi assured Mrs. Fleming that there would be no odor from the oxidation of the wood. He said the three engines would be operating at 900 RPM, 24 hours per day and that the residue from the process is activated carbon, which can be used in water treatment plants. Sandra Schuler stated that the surrounding property owners do not have the expertise to determine what an acceptable decibel level would be and do not know how to find out. Commissioners Minutes October 5, 1987 Page 5 Mr. Peraldo asked if they could get approval to begin the construction, as they have deadlines to meet, with the noise level to be determined later. He said many cities have decibel levels for industrial zoning and that he could guarantee that Klaussner would be under that level. The public hearing was closed. Rezoning Requests - Action Taken On motion of Langley, seconded by Comer, the Board approved the request of Roberts Realty Company. On motion of Comer, seconded by Petty, the Board approved the request of Jerry Wayne and Billie Sue Waisner. On motion of Langley, seconded by Davidson, the Board approved the request of Carl Kinney. On motion of Petty, seconded by Comer, the Board approved the request of James and Ann Slaughter. On motion of Davidson, seconded by Petty, the Board gave preliminary approval for Klaussner to begin construction, with the noise level to be determined at the November 2 meeting. The Board instructed Mr. Johnson to present recommendations on November 2 relative to an acceptable decibel level and to report on any previous conditional use permit violations by Klaussner. The Board advised Mr. Peraldo that Klaussner could not begin operation of the plant until the decibel level had been established by the Board of Commissioners. Adjournment On motion of Davidson, seconded by Comer, the Board adjourned. RANDOLPH COUNTY BOARD 1 COMMISSIONERS MINUTES - SPECIAL MEETING OCIUBER 5, 1987 The Randolph County Board of Commissioners met in special joint session with the Randolph County Board of Education, the Asheboro Board of Education, and the School Merger Task Force at 7:30 p.m. on October 5, 1987, in Courtroom B, Court- house, Asheboro, NC. Commissioners Frye, Langley, Davidson, Petty and Comer were present. The purpose of the meeting was to receive a final report from the School Merger Task Force. Chairman Frye welcomed those present and recognized school board chairmen and superintendents. He then turned the meeting over to School Merger Task Force Co -Chairmen Roland Albertson and Dr. Johnny Parker. Mr. Albertson recognized Task Force members and stated his appreciation for the contributions of each member. Dr. Parker presented a summary report compiled from the eleven subcommittee reports approved by the entire Task Force. Copy included by reference. Chairman Frye closed the meeting by stating that the Task Force has addressed the issues as directed and the next step in pursuing merger is up to the two school boards. Emily Redding, Chairman of the Asheboro Board of Education, said her board has already met and discussed the merger report. She said they are already implementing some of the policies suggested in the report. Don Osborne, Chairman of the Randolph County Board of Education, expressed his appreciation to the Task Force and said the report will be helpful in areas other than merger. The merger report will be a topic on his board's agenda in November. The meeting adjourned.