110104 (2)November 1, 2004
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, Kemp, Frye, Davis, and Mason were present. Rev. Marion Smith,
Retired Social Services Director, gave the invocation, and everyone recited the Pledge of
Allegiance.
Presentation of County Employee Service Awards
Kim Newsom, Randolph County Personnel Director, said that this meeting would mark the
first presentation of service awards to County employees. The criteria for determining these
awards were established by recognizing employees who have reached specific milestones of
employment during this calendar year. Year levels 15, 20, 25 and 30 were set as those
milestones. Since this is our initial service award presentation, current employees who have in
excess of 30 years of service to Randolph County are also being recognized. In subsequent years
service awards will be awarded in only the four milestone levels. Board Chairman Harold
Holmes and Vice Chair Darrell Frye presented each honoree (a total of 29) with a certificate of
appreciation and special gift of either pottery or a watch. The honorees were
15 years of service: Donald A. Calloway, Sheriff s Dept.; Lewis R. (Rick) Davis, EMS; Barry S.
Foushee, Cooperative Extension; Timothy D. Jordan, EMS; Carolyn J. Maness, Social Services;
Arey R. Myers, Health; Joyce H. Oliver, Tax; Joy M. Ratliffe, Social Services; G. Kent
Strickland, Tax; 20 years of service: Lisa K. Faircloth, Sheriff, Cynthia C. Grantham, Health;
Charles T. Hasty, Sheriff, Deborah L. Hines, EMS; Pamela A. Mattson, Library; Diane R.
Mitchem, Computer Services; Lisa B. Royal, Social Services; Paula F. Unrue, Tax; 25 years of
service: Sara C. Baker, Personnel; Marsha F. Haithcock, Library; John T. Hancock, Building
Inspections; Ava J. Hooker, Tax; 30 years of service: Linda F. Allred, Social Services, Billy T.
McDaniel, Maintenance; Suzanne G. Tate, Library; 30+ years of service: William N. McCaskill,
32 years, Social Services; Ann N. Shaw, 33 years, Register of Deeds; Ed Phillips, 35 years, Tax;
Martha C. Sheriff, 36 years, Social Services; John D. Workman, 37 years, Health.
Addition to Consent Agenda
Chairman Holmes added Item G. Proclamation for Family Caregivers Month 2004 to the
Consent Agenda.
Consent Agenda
On motion of Davis, seconded by Frye, the Board unanimously approved the Consent
Agenda, as presented:
• approve minutes of the 10/04/04 regular meeting;
• adopt D. O. T. resolution adding Cortez Road in the Bonita Woods Estates Subdivision, as
follows:
WHEREAS, the Department of Transportation has investigated 0.29 miles of Cortez Road in the
Bonita Woods Estates Subdivision; and
WHEREAS, the subject street has been found to meet minimum requirements for addition.
NOW, THEREFORE, BE IT RESOLVED by the Randolph County Board of Commissioners
that 0.29 miles of Cortez Road in the Bonita Woods Estates Subdivision be added to the Division of
Highways' Secondary Road System.
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• reappoint Danny Sykes to the Tax Commission and E & R Board;
• reappoint Darlene & Chris Wagoner to Child Fatality Review/Community Child Protection Team;
• appoint Dawn Cole to the Nursing Home Advisory Committee;
• appoint Steven Jones to Guil Rand Fire District Commission (Joint appointment with Guilford
County);
• adopt proclamation for Family Caregivers Month 2004, as follows:
WHEREAS, the County of Randolph is joining the State and the Nation in declaring November as
Family Caregivers Month 2004 to honor and support the daily contributions of family caregivers; and
WHEREAS, Family Caregivers' Month spotlights the fact that most people who need care rely on
family and friends for their support one in four adult North Carolinians are caring for a person age 60 or
older and 22.9 million American households provide personal assistance to adult family members or friends
with a disability or chronic illness; and
WHEREAS, family caregiving often comes with great personal sacrifice in terms of job and financial
security, social life, and physical, mental and emotional health; and many businesses are realizing the value
in providing support to employees who are family caregivers; and
WHEREAS, North Carolina's caregivers are diverse in their characteristics and circumstances but
share the common goal of enabling their family member or friend to stay functioning in the community
whenever possible; and
WHEREAS, the number of people age 70 and older who need assistance with activity limitations is
expected to grow substantially during the next several decades as our senior population increases; and
WHEREAS, families should be able to enter into caregiving with the knowledge and assurance that
they can call upon the business, faith, and health and human service communities to assist with information,
counseling, respite and formal services when needed; and
WHEREAS, The Region G Area Agency on Aging and many other human service agencies are
committed to increasing the awareness of caregivers' needs and continue to work to meet these needs;
NOW, THEREFORE, the Randolph County Board of Commissioners does hereby proclaim November
2004 to be "FAMILY CAREGIVERS' MONTH" in Randolph County, and urges all citizens of this County
to acknowledge and support family, friends and neighbors who are helping our older and disabled citizens.
Support of family caregivers is not only the right thing to do but also an essential investment for the future
ofNorth Carolina's long-term care system.
Mental Health Quarterly Report
Michael Watson, Chief Executive Officer, Sandhills Center, presented the quarterly fiscal report
for April -June 2004, with expenditures of $55,978,726, revenues of $56,708,250 and revenues in
excess of expenditure of $729,524. He also gave updates on the local business plan, mental health
reform, divestiture of services, and consolidation of area programs. He said that the Center is in the
process of exploring a potential merger with the Lee -Harnett Area Program. Final approval of this
merger would require the unanimous approval, by resolution, of all 8 counties involved.
Status Report of the Voluntary Agricultural District Board (VADB)
Kemp Davis, Chairman of the VADB, told the Board that the VADB, which the Board of
Commissioners appointed in 2002, has approved 16 agricultural districts in Randolph County totaling
2,300 acres. The intent of placing farms within agricultural districts from the farmers' perspective is to (1)
Make every attempt to preserve farmlands from development if at all possible (look to other areas first),
and (2) Let neighbors know (be aware) that they are moving into a farm area with all the nuances of rural
life. From county governments' perspective it is an attempt to maintain balance between urban growth and
rural areas, enhance air quality and the environment by maintaining open space and provide economic
diversity in the county. Mr. Kemp distributed and reviewed a pamphlet that the VADB had designed
describing voluntary agricultural districts and said that these pamphlets will be available to the public. He
also said that a sign had been designed that would be displayed along the roadside of every voluntary
agricultural district. The signs will be installed by the County's Maintenance staff
On motion of Frye, seconded by Kemp, the Board voted unanimously to reaffirm the appointments of
all the Voluntary Agricultural Board members that had been previously appointed
Request from Progress Energy for Easement Across County Property
Aimee Scotton, Associate County Attorney, said that Progress Energy has requested that the
County grant an easement across County -owned property located in the Columbia Township (near the
Town of Staley) on Ward Road in order for the Department of Transportation to pave the road.
Pursuant to NCGS 153A-176, the County may dispose of any real or personal property belonging to it
according to the procedures prescribed in Chapter 160A, Article 12. NCGS 160A-273 governs the
granting of easements and simply states that the County has the authority to grant an easement over,
through, under, or across any County -owned property; hence, there is no special process involved.
On motion of Kemp, seconded by Mason, the Board voted unanimously to grant an easement to
Progress Energy, as requested, and authorized the Chairman of the Board of Commissioners to sign
the easement and directed the Associate County Attorney to send the signed easement to Progress
Energy for recording purposes.
Approve Resolution Declaring The Intent To Close A Section Of Spring Street And Set Public
Hearing Date
Aimee Scotton told the Board that the residents of Spring Street in Seagrove have requested that
the Randolph County Board of Commissioners act to permanently close Spring Street. It is important
to note that, while part of this street is located in Randolph County, a portion of it is located within the
Town of Seagrove. The request that has been submitted to the County involves only that portion of the
street located outside of Seagrove's town limits. For the street to be closed within the Town, the
residents will have to petition Seagrove to take action to do so. The procedure for closing a public road
or easement is governed by North Carolina General Statute §153A-241. The first step requires that the
Board of Commissioners adopt a resolution declaring its intent to close the road and calling for a
public hearing on the question. This notice must be published once a week for three successive weeks
before the hearing, and a copy of the resolution must be sent by registered certified mail to each owner
of property adjoining the road, as shown by the county tax records, who did not join in the request to
have the road closed. In this case, all of the adjoining property owners have joined in the request, so
no mailing will be necessary. Furthermore, a notice of the closing and the public hearing must be
posted in at least two places along the road. After the public hearing, if the Board of Commissioners is
satisfied that closing this road will not be detrimental to public interest and will not deprive any
individual of access to his property, the Board may adopt an order closing the road. A certified copy
of the order shall then be filed with the Register of Deeds office.
On motion of Frye, seconded by Davis, the Board voted unanimously to approve the following
resolution declaring the intent to close a section of Spring Street contingent upon the Town of
Seagrove's approval, and seta public hearing on the matter for S: 00 p.m., December 6, 2004.
WHEREAS, the Randolph County Board of Commissioners has received a request from the
residents of Spring Street to permanently close the following section of Spring Street:
From its intersection with Little River Road to where it enters the jurisdiction of the Town of
Seagrove and;
WHEREAS, North Carolina General Statute § 153A-241 requires that the Board of
Commissioners hold a public hearing prior to the closing of any road to consider the effects of said
closing on the public interest or on individual property rights;
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BE IT THEREFORE RESOLVED that the Randolph County Board of Commissioners hereby
declares its intent to permanently close that section of Spring Street outlined above.
BE IT FURTHER RESOLVED that the Randolph County Board of Commissioners has set a
public hearing for 5: 00 p.m. on December 6, 2004 to consider said closing and to allow for the public
to be heard on this matter.
Public Hearing & Action to Rename Portion of Old Walker Mill Road Extension
Hal Johnson told the Board that as a result of road closures due to the construction of the
Randleman Lake, a portion of SR 1961, Old Walker Mill Road Extension, needed to be renamed. The
section to be renamed is from US Hwy 220 Business North to the road closing. The Planning Board
reviewed this request for road name change on September 14, 2004 and recommended unanimously
that the road name be changed to Randleman Dam Road. Since the Planning Board meeting, Mr.
Johnson said that he had received several calls from citizens who said that they did not want the word
"dam" in their address.
At 5:05 p.m., Chairman Holmes opened the public hearing.
Gail LaPrade, 4447 Old Walker Mill Rd. Ext., said that she had no problem with the road being
renamed to Randleman Dam Road.
Joyce Young, asked that the road be named after her father, Lee Pierce, since he was instrumental
in getting this road paved initially and getting the road straightened.
Chairman Holmes closed the public hearing.
On motion of Davis, seconded by Kemp, the Board voted unanimously to rename a portion of Old
Walker Mill Road Ext. to Randleman Lake Road
Request for Funding for Veterans Memorial and Budget Amendment
David Townsend, III, Public Works Director, told the Board that Mr. Robert Cheatham, Head of
the Randolph County Veterans Service Council (RCVSC), has approached Randolph County about
requesting County funding to install two additional granite panels at the Veterans Monument located at
the Randolph County Courthouse. Each panel will hold 900 names. The RCVSC surveyed county
citizens for 2'/z months during the summer of 2004 and received requests for 252 new names. With
only 3,500 names currently on the monument and since there are about 11,000 veterans from Randolph
County, the RCVSC feels confident that the new panels are needed. Mr. Townsend said that Mr.
Cheatham had contacted several vendors and received quotes for the purchase and installation of the
panels. The following quotes include purchasing and installing a granite concrete monument on a 24 -
inch foundation:
Coggins Marble & Granite Co., Asheboro, NC
$6,439
Wiley Brothers Marble & Granite, York, SC
$6,690
Asheboro Monument Co., Asheboro, NC
$7,000
The RCVSC has also requested that the County assist in providing the necessary sidewalks around
the monument. The cost to having the lowest responsible bidder install the sidewalks will be
approximately $2,000. The actual amount will be determined once the configuration of the sidewalk is
finalized. Therefore, the RCVSC is requesting a total appropriation not to exceed $8,439 for this
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expansion (panels and sidewalk). If approved, the County will coordinate the purchasing of the panels
and oversee the installation of the panels and sidewalk construction.
The cost of the names engraved on the panels will be charged to those who are requesting the
names to be added. There will be a future charge of approximately $2.50 per letter, as new requests are
received for additional names. The RCVSC will be responsible for handling and coordinating all
aspects of the engraving of these panels.
On motion of Frye, seconded by Mason, the Board voted unanimously to approve a total
appropriation not to exceed $8,439 for additional expansion at the Veterans Memorial (panels &
sidewalk) and approved Budget Amendment #13, as follows:
2004-2005 Budget Ordinance
General Fund — Amendment #13
Revenues
Increase
Decrease
Appropriated Fund Balance
$8,439
Appropriations
Increase
Decrease
Public Works
$8,439
Request for New Cooperative Extension Full-time Employee
Jane Leonard, Deputy Finance Officer, told the Board that when the State was having financial
difficulty several years ago, a secretarial position at the Randolph County Cooperative Extension
department was eliminated. Since that time, the agency has been struggling to manage the workload
required. In 2002, a temporary part-time employee was hired with lapsed salary to assist the agents in
preparing materials for programs and responding to public inquiries. There have been several
temporary employees in this position. During this time, the agency had a horticultural agent position
and a family/consumer science position vacant. Currently, all agent positions are filled and the
workload has increased tremendously. The support staff is essential in the agency's ability to assist the
citizens with programs and information. The agency is requesting that the temporary half-time position
be made into a full-time allocated position. This position would have a classification as an Office
Assistant at a Grade 58. The annual salary for Grade 58 is $19,824 with fringe benefits of $6,687.
There are sufficient funds from lapsed salary in this year's budget to pay for this position. However,
new funding would be required in future budgets.
On motion of Kemp, seconded by Davis, the Board voted unanimously to approve a new full-time,
Grade 58, Office Assistant position for the Cooperative Extension office, effective November 1, 2004.
Request to Change Existing Cooperative Extension Employees' Salaries, Fringes, Benefits to
State Send -In Method
Jane Leonard said that NC State University has approached Randolph County about changing the
shared Cooperative Extension employees' payroll to a send -in arrangement. This would affect four
shared employees. The County is paying approximately one-half of the employees' salary and the State
is paying the other half. There are many employee benefit -related factors to consider when moving to a
send -in arrangement. The employee would be a member of only one retirement system instead of two.
An employee in dual retirement systems is not treated equally because of the calculations and formulas
used to compute his retirement earnings. In addition, by contributing to dual systems, an employee is
not eligible to work for either the State or the local government after retirement. Employees in a send -
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in arrangement may also be eligible for the Optional Retirement Program (ORP) that is offered by the
State. Disability benefits have worked against employees in dual employment systems when they are
not seen as 100% employees. The Local Government Employees' Retirement System (LGERS) and
the Teacher State Employees' Retirement System (TSERS) each have different disability -related
benefits guaranteed to participants. For non -send -in arrangements, when a disability qualifying event
occurs, the split -time between the two systems can cause an employee to be ineligible under either, or
to receive only a portion of each system's benefit but not the whole of either. With the send -in option,
the County would still control the amount of County salary an employee receives. For instance, if the
State gives a 5% COLA and the County gives a 2% COLA, then the employee would receive a 5%
adjustment on the State's half and a 2% adjustment on the County's half. The County can also give
merit increases to Cooperative Extension employees. The County would simply notify the State of the
performance review and the amount of merit adjustment. The additional cost to the County for this
arrangement would be minimal. All shared employees are already on the State health insurance plan.
The County currently contributes 4.89% of an employee's earnings to the LGERS. The State rate for
the TSERS is currently 5.815% of an employee's earnings. The rate for the ORP is 10.485%. The four
employees that this change would involve are on the TSERS plan. The estimated additional annual cost
to the County for this arrangement would be $620 for the difference in the retirement rate. Based on
this information above, it would be beneficial to the employees to change to a send -in arrangement.
On motion of Frye, seconded by Davis, the Board voted unanimously to approve the new State
send -in method of changing Cooperative Extension employees' salaries, fringes and benefits, effective
January 1, 2005.
Citizen Concern—Requested Chante to County's Discharge of Firearms Ordinance
Eric Black, 6651 Post Rd., Thomasville, said that during this past dove hunting season, there was a
paid dove shoot on Post Road with about 75-100 hunters participating. The hunters were so close to
nearby residents that the property owners had to move their livestock and family members had to
remain inside for fear that they would be shot. Mr. Black said that the hunters actually shot down some
phone lines. Mr. Black also said that the Sheriff's Dept. was called and a deputy came out but told Mr.
Black that, according to the County's current Discharge of Firearms Ordinance, actual damage had to
have occurred before something could be done to stop the hunting. Mr. Black distributed copies of a
proposed change to the ordinance that could help to eliminate future problems. He asked that the
following be added under Section 1. Restrictions of the ordinance:
B. It shall be unlawful for any person other than the owner or lessee of a dwelling or a member of the
immediate family actually residing in such dwelling to discharge any firearm within 100 yards thereof
without the written permission of the owner or lessee of such property. The written permission shall be
dated and shall be valid for no longer than one year after its issuance. Such permission must be
displayed upon the request of any law enforcement officer with authority to enforce this Article.
C. It shall be unlawful for any person to discharge any firearm within 100 yards of any building
reasonably likely to be occupied, including but limited to any school, church or warehouse, or any
playground or park.
D. It shall be unlawful for any person to discharge any firearm within 100 yards of any domestic
livestock belonging to others unless such person first procures the permission of the owner of such
domestic livestock.
It was the consensus of the Board to consider these proposed changes at a later meeting.
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NCGS 160A-20 Financing Contracts for Water Allocation Transfer Agreements, Seagrove
Library Proiect and Facilities Improvements at Archdale Building and Social Services Building
Frank Willis, County Manager, reviewed the procedures to secure installment financing for (1)
purchase of rights (from Greensboro) to an additional 3 million gallons per day (mgd) of water from
the Randleman Dam (approximately $5,234,574); (2) the construction and equipping of a new public
library in Seagrove (approximately $750,000); (3) concrete work at the Archdale Building
(approximately $60,000); (4) paving, renovations to reception area, carpeting, and interior painting at
the Social Services Building (approximately $160,000); and (5) $95,426 for Contingency. The
Archdale Building, Social Services Building and Seagrove Library will be subject to a deed of trust
securing the County's obligations under the contract and the total contract proceeds will not exceed a
total of $6,300,000. Mr. Willis said that a preliminary conference has been held with the Local
Government Commission for this financing. He also said that a public hearing on the matter must be
held in accordance with NCGS 160A-20. Mr. Willis reviewed 2 proposed resolutions concerning
water transfer allocations between Randolph County and (1) Greensboro and (2) High Point (funds for
the High Point water purchase will come from fund balance). Mr. Willis also said that the City of
Archdale will decide on November 16, 2004 whether to exercise its option to purchase 1 mgd of water
allocation from Randolph County (Archdale's option to purchase will expire on December 30, 2004.).
Mr. Willis reviewed a proposed resolution concerning this water allocation agreement between
Randolph County and Archdale.
Will Massie, Deputy Finance Officer, said that 2 more resolutions needed to be approved
concerning this financing. One authorizes the filing of an application for approval of the financing and
the other approves the financing terms as required by BB&T. He also reviewed the Seagrove Library
Capital Project Ordinance, which needs to be established.
Chairman Holmes opened the duly advertised public hearing.
Neil Allen, Randolph County Emergency Services Director, spoke in support of the installment
financing because the driveway entrance to the Archdale Ambulance bays, located at the Archdale
Building, is in need of repair for both aesthetic and safety reasons.
Vanesia Smith spoke in support of the financing for the new Seagrove Library. She reported that
some repairs had been made to the current library building but mold continues to be a big problem. She
said that the summer reading program at the Seagrove Library had been a huge success with 379
children participating. She said that children and parents in the southern part of Randolph County value
their library. She said, "We need it (new library), we want it, so let's have it!"
Anna King, spoke in support of the new library.
William Thomas, spoke in support of the new library and asked for all in attendance who support
the new library to stand.
Approximately 25 people stood in support of the new library.
Martha Sheriff, Social Services Director, spoke in support of the proposed improvements at the
DSS building. She said that the paving would help to alleviate some safety issues in the parking lot.
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Ronnie Pugh, Past Chair of the Economic Development Corporation, spoke in support of the
financing to obtain additional water allocation from the Randleman Lake. He said that the future of
Randolph County could depend on this water.
Bonnie Renfro, Randolph County Economic Development Corporation President, spoke in
support of the financing for more water from the Randleman Lake, saying that water supply is the
bedrock of good economic development. She commended the Board for their foresight in reserving
precious water for Randolph County's future.
Chairman Holmes closed the public hearing.
On motion of Frye, seconded by Mason, the Board voted unanimously to approve a resolution
concerning Randleman Dam water allocation transfer agreement with the City of Greensboro, as
follows:
WHEREAS, in September, 1987, Randolph County entered into a Joint Governmental Agreement (the
"Joint Agreement') with the City of Archdale, the City of Greensboro, the City of High Point, the Town of
Jamestown, the City of Randleman, and the Piedmont Triad Regional Water Authority (the `Authority')
regarding the Randleman Dam Project; and
WHEREAS, in addition to providing for each local government's responsibilities concerning the
acquisition of land and the construction of the Randleman Dam, the Joint Agreement also prescribes the raw
water allocations for each local unit of government proportionate to its share in the costs of the project; and
WHEREAS, the Joint Agreement further provides that a change in the percent of raw water allocation may
be made by the mutual consent of those governments who would agree to an exchange of the percentage of
allocation among themselves but that said change in water allocation would be accompanied by a concurrent
adjustment in the percent of cost allocation for those local units of government affected; and
WHEREAS, on September 4, 2001, Randolph County entered into a Water Allocation Transfer Agreement
(the "Greensboro Agreement') with the City of Greensboro; and
WHEREAS, pursuant to the Greensboro Agreement, the City of Greensboro agrees to transfer 3 million
gallons per day of raw water allocation to Randolph County at the option of the County and with the
concurrence of the Piedmont Triad Regional Water Authority; and
WHEREAS, the Greensboro Agreement further provides that if Randolph County exercises its option with
the City of Greensboro for the transfer of raw water allocation, that the County shall immediately reimburse the
City of Greensboro for its share of land acquisition costs, administrative costs, and all other costs associated
with the construction of the Randleman Lake as outlined in the Joint Agreement based on the amount of water
allocation transferred; and
WHEREAS, the Greensboro Agreement remains in force and effect until December 31, 2004, at which time,
the County's option to buy water from the City of Greensboro shall expire.
NOW, THEREFORE, BE IT RESOLVED that the Randolph County Board of Commissioners hereby
authorizes the Chairman of the Board of County Commissioners to exercise the above -referenced option, in
writing, by letter to the Mayor of the City of Greensboro on or about December 20, 2004.
AND BE IT FURTHER RESOLVED that the Chairman of the Randolph County Board of Commissioners'
authority to exercise said option is made expressly contingent upon the approval of N.C.G.S. § 16OA-20
financing by the North Carolina Local Government Commission and upon the County's receiving the
concurrence of the Piedmont Triad Regional Water Authority as provided in the Greensboro Agreement.
AND BE IT FURTHER RESOLVED that in the event that the Chairman of the Randolph County Board of
Commissioners exercises the option with the City of Greensboro, the Randolph County Finance Officer is
hereby authorized to remit payment reimbursing the City of Greensboro as provided for in the Greensboro
Agreement and in an amount to be determined by the Piedmont Triad Regional Water Authority, said payment
to be remitted from appropriated fund balance and to be reimbursed when the above -referenced financing is
complete in early 2005.
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On motion of Frye, seconded by Davis, the Board voted unanimously to approve a resolution
concerning Randleman Dam water allocation transfer agreement with the City of High Point, as
follows:
WHEREAS, in September, 1987, Randolph County entered into a Joint Governmental Agreement (the
"Joint Agreement') with the City of Archdale, the City of Greensboro, the City of High Point, the Town of
Jamestown, the City of Randleman, and the Piedmont Triad Regional Water Authority (the `Authority')
regarding the Randleman Dam Project; and
WHEREAS, in addition to providing for each local government's responsibilities concerning the
acquisition of land and the construction of the Randleman Dam, the Joint Agreement also prescribes the raw
water allocations for each local unit of government proportionate to its share in the costs of the project; and
WHEREAS, the Joint Agreement further provides that a change in the percent of raw water allocation may
be made by the mutual consent of those governments who would agree to an exchange of the percentage of
allocation among themselves but that said change in water allocation would be accompanied by a concurrent
adjustment in the percent of cost allocation for those local units of government affected; and
WHEREAS, on September 20, 2001, Randolph County entered into a Water Allocation Transfer Agreement
(the "High Point Agreement') with the City ofHigh Point; and
WHEREAS, pursuant to the High Point Agreement, the City of High Point agrees to transfer I million
gallons per day of raw water allocation to Randolph County at the option of the County and with the
concurrence of the Piedmont Triad Regional Water Authority; and
WHEREAS, the High Point Agreement further provides that if Randolph County exercises its option with
the City ofHigh Point for the transfer of raw water allocation, that the County shall immediately reimburse the
City of High Point for its share of land acquisition costs, administrative costs, and all other costs associated
with the construction of the Randleman Lake as outlined in the Joint Agreement based on the amount of water
allocation transferred; and
WHEREAS, the High Point Agreement specifically states that the County's option to purchase water, as
outlined above, may be exercised only if the County has previously exercised all other option agreements to
their full extent; and
WHEREAS, the High Point Agreement remains in force and effect until December 31, 2004, at which time,
the County's option to buy water from the City ofHigh Point shall expire.
NOW, THEREFORE, BE IT RESOLVED that the Randolph County Board of Commissioners hereby
authorizes the Chairman of the Board of County Commissioners to exercise the above -referenced option, in
writing, by letter to the Mayor of the City ofHigh Point on or about December 20, 2004.
AND BE IT FURTHER RESOLVED that the Chairman of the Randolph County Board of Commissioners'
authority to exercise said option is made expressly contingent upon the County's first exercising a similar option
that the County has with the City of Greensboro and upon the County's receiving the concurrence of the
Piedmont Triad Regional Water Authority as provided in the High Point Agreement.
AND BE IT FURTHER RESOLVED that in the event that the Chairman of the Randolph County Board of
Commissioners exercises the option with the City ofHigh Point, the Randolph County Finance Officer is hereby
authorized to remit payment reimbursing the City of High Point as provided for in the High Point Agreement
and in an amount to be determined by the Piedmont Triad Regional Water Authority, said payment to be
remitted from appropriated fund balance.
On motion of Frye, seconded by Davis, the Board voted unanimously to approve a resolution
concerning Randleman Dam water allocation between Randolph County and the City of Archdale, as
follows:
WHEREAS, in September, 1987, Randolph County entered into a Joint Governmental Agreement (the
"Joint Agreement') with the City of Archdale, the City of Greensboro, the City of High Point, the Town of
Jamestown, the City of Randleman, and the Piedmont Triad Regional Water Authority (the `Authority')
regarding the Randleman Dam Project; and
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WHEREAS, in addition to providing for each local government's responsibilities concerning the
acquisition of land and the construction of the Randleman Dam, the Joint Agreement also prescribes the raw
water allocations for each local unit of government proportionate to its share in the costs of the project; and
WHEREAS, the Joint Agreement further provides that a change in the percent of raw water allocation may
be made by the mutual consent of those governments who would agree to an exchange of the percentage of
allocation among themselves but that said change in water allocation would be accompanied by a concurrent
adjustment in the percent of cost allocation for those local units of government affected; and
WHEREAS, on October 1, 2001, the Randolph County Board of Commissioners voted to allow both the
City of Randleman and the City ofArchdale to purchase I million gallons per day of raw water allocation from
the County at either City's respective option contingent upon the County's having first exercised options with
the City of Greensboro and the City of High Point for the purchase of 3 million gallons per day and I million
gallons per day of raw water allocation respectively (the "Option'); and
WHEREAS, the Option approved by the Randolph County Board of Commissioners further provides that if
either City exercises its option with the County for the transfer of raw water allocation, that said City shall
immediately reimburse the County for its share of land acquisition costs, administrative costs, and all other
costs associated with the construction of the Randleman Lake as outlined in the Joint Agreement based on the
amount of water allocation transferred; and
WHEREAS, the Option remains in force and effect until officially declined or until 5: 00 p.m. on December
30, 2004, at which time, each City's option to buy water from the County shall expire; and
WHEREAS, on Wednesday, October 6, 2004, the Randolph County Manager was notified by telephone by
Mayor Bruce Moore that the City of Randleman shall not exercise its option to purchase I million gallons per
day raw water allocation from Randolph County.
NOW, THEREFORE, BE IT RESOLVED that the Randolph County Board of Commissioners hereby
officially notifies the City ofArchdale that its option to purchase I million gallons per day raw water allocation
shall expire at 5: 00 p. in. on December 30, 2004 unless exercised as provided below.
AND BE IT FURTHER RESOLVED that once the County has notified the City of Archdale that it has
exercised its options with the City of Greensboro and with the City ofHigh Point, the Option referenced herein
may be exercised by Archdale by delivery to the Randolph County Manager of payment in an amount to be
determined by the Piedmont Triad Regional Water Authority, said amount to reimburse the County for its share
of land acquisition costs, administrative costs, and all other costs associated with the construction of the
Randleman Lake as outlined in the Joint Agreement and based upon the I million gallons per day raw water
allocation transferred by exercise ofArchdale's option.
AND BE IT FURTHER RESOLVED that in the event that the City of Archdale exercises its option with
Randolph County as provided herein, the Randolph County Finance Officer is hereby ordered to apply the
payment remitted by Archdale to the County to reimburse the amount of fund balance previously appropriated
by Randolph County to the above -referenced option with the City ofHigh Point.
On motion of Mason, seconded by Davis, the Board voted unanimously to approve a resolution
authorizing the filing of an application for approval of a financing agreement authorized by NCGS
160A-20, as follows:
WHEREAS, the County of Randolph, North Carolina desires to construct a library facility for the Seagrove
area, renovate the Department of Social Services building and the Archdale Building, and acquire additional
water rights (three million gallons per day) in the Randleman Lake (the "Projects') to better serve the citizens
of Randolph County both now and in the future; and
WHEREAS, the Randolph County Board of Commissioners have voted unanimously to exercise options to
purchase these water rights, which expire on December 31, 2004; and
WHEREAS, The County of Randolph desires to finance the Projects by the use of an installment contract
authorized under North Carolina General Statute 160A, Article 3, Section 20; and
WHEREAS, findings of fact by this governing body must be presented to enable the North Carolina Local
Government Commission to make its findings of fact set forth in North Carolina General Statute 159, Article 8,
Section 151 prior to approval of the proposed contract;
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NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners
of Randolph County, North Carolina, meeting in regular session on the I st day of November 2004, make the
following findings of fact:
1. The proposed contract is necessary or expedient because the Projects represent critical responses to the
growing needs of our county.
2. The existing Seagrove Library facility, built in 1972, is very small, in bad condition, and has increasing
amounts of mold and mildew in the basement. The Seagrove Library serves much of southern Randolph County,
not just the Seagrove area.
3. The Randolph County Schools has donated 1.5 acres next to Seagrove Elementary School to use for a
new library building. The blueprints from the Archdale Public Library, a 4,500 -square -foot building, are
available to use for the new Seagrove Library.
4. The Department of Social Services building requires renovation to provide more office space for
employees, a new waiting area for applicants, and parking lot improvements.
5. The Archdale area is experiencing steady population growth, and the current Archdale Building needs
to expand accordingly in order to maintain public safety.
6. Randolph County has one of the highest rural populations in the state; over sixty-three percent of the
County's population lives beyond municipal water services and relies on 40, 000 drilled wells for potable water.
7. Randolph County desires to develop water resources sufficient enough to supply rural citizens with
water in the future.
8. Randolph County is a member of the Piedmont Triad Regional Water Authority with a 12.5% share of
the raw water in the Randleman Lake and desires to exercise its options with the City of Greensboro and the
City ofHigh Point to purchase the additional rights to raw water, thus raising its share to nine million gallons
per day.
9. The Projects are too large to fund through current appropriations or by appropriating fund balance.
10. The proposed contract is preferable to a bond issue for the same purpose because time is critical for
exercising the options for water rights; the remaining projects are not large enough in total to justify issuance of
bonds. The County has no meaningful capacity to issue general obligation bonds during the 2004-05 fiscal year
without obtaining referendum approval, which would cause an unavoidable delay in the Projects.
11. Randolph County has had a successful relationship with Branch Banking and Trust on previous
installment purchase contracts; it is in the best interest of the County, due to the expediency required for these
Projects, to award the financing contract to BB&T without competitive bidding.
12. The sums to fall due under the contract are adequate and not excessive for the proposed purpose
because Randolph County has the funding for the proposed debt service obligations already available in the
current budget.
13. Randolph County's debt management procedures and policies have been carried out in strict
compliance with law, as indicated in the County's most recent audited financial statements.
14. The financing will not require an increase in taxes necessary to meet the sums to fall due.
15. The County of Randolph is not in default in any of its debt service obligations.
16. The attorney for the County of Randolph has rendered an opinion that the proposed Projects are
authorized by law and are a purpose for which public funds may be expended pursuant to the Constitution and
laws of North Carolina.
BE IT FURTHER RESOLVED that the County Manager is hereby authorized to act on behalf of the
County of Randolph in filing an application with the North Carolina Local Government Commission for
approval of the Projects and the proposed financing contract and other actions not inconsistent with this
resolution.
On motion of Kemp, seconded by Davis, the Board voted unanimously to approve a resolution
approving financing terms as required by BB&T, as follows:
WHEREAS, Randolph County, North Carolina (the "County') has previously determined to undertake a
project for the purchase of rights to an additional three million gallons per day of water from the Randleman
Dam; the construction and equipping of a public library on a site donated by the Randolph County Schools and
adjacent to the Seagrove Elementary School, Old Plank Road, Seagrove, NC; concrete work at the Archdale
Building, a County -owned facility located at 402 Balfour Drive, Archdale, NC; and paving, renovations to the
reception area, carpeting, and interior painting at the County Social Services Building, located at 1512 N.
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Fayetteville Street, Asheboro, NC; and the County Manager/Finance Officer has now presented a proposal for
the financing of such Project;
BE IT THEREFORE RESOLVED, as follows:
1. The County hereby determines to finance the Project through Branch Banking and Trust Company
("BB&T'), in accordance with the proposal dated October 26, 2004. The amount financed shall not exceed
$6,300, 000.00. The annual interest rate (in the absence of default or change in tax status) shall not exceed
3.59%, and the financing term shall not exceed thirteen years from closing.
2. All financing contracts and all related documents for the closing of the financing (the "Financing
Documents') shall be consistent with the foregoing terms. All officers and employees of the County are hereby
authorized and directed to execute and deliver any Financing Documents, and to take all such further action as
they may consider necessary or desirable, to carry out the financing of the Project as contemplated by the
proposal and this resolution. The Financing Documents shall include a Financing Agreement and Deed of
Trust and a Project Fund Agreement as BB&T may request.
3. The County Manager/Finance Officer is hereby authorized and directed to hold executed copies of the
Financing Documents until the conditions for the delivery of the Financing Documents have been completed to
such officer's satisfaction. The County Manager/Finance Officer is authorized to approve changes to any
Financing Documents previously signed by County officers or employees, provided that such changes shall not
substantially alter the intent of such documents or certificates from the intent expressed in the forms executed by
such officers. The Financing Documents shall be in such final forms as the County Manager/Finance Officer
shall approve, with the County Manager/Finance Officer's release of any Financing Documents for delivery
constituting conclusive evidence of such officer's final approval of the Document's final form.
4. The County shall not take or omit to take any action the taking or omission of which shall cause its
interest payments on this financing to be includable in the gross income for federal income tax purposes of the
registered owners of the interest payment obligations. The County hereby designates its obligations to make
principal and interest payments under the Financing Documents as "qualified tax-exempt obligations" for the
purpose oflnternal Revenue Code Section 265(b)(3).
5. All prior actions of County officers in furtherance of the purposes of this resolution are hereby ratified,
approved and confirmed. All other resolutions (or parts thereof) in conflict with this resolution are hereby
repealed, to the extent of the conflict. This resolution shall take effect immediately.
On motion of Mason, seconded by Kemp, the Board voted unanimously to adopt a capital project
fund ordinance for the Seagrove Library, as follows:
BE IT ORDAINED by the Board of the Randolph County Commissioners that, pursuant to section 13.2 of
Chapter 159 of the General Statutes ofNorth Carolina, the following capital project ordinance is hereby adopted:
Section 1. The construction of a new library facility to be located in Seagrove, serving the
southern portion of Randolph County, is hereby authorized as a capital project
with revenues and expenditures projected for the duration of the project.
Section 2. The officers ofRandolph County are hereby authorized to proceed with the capital
project in accordance with all General Statutes of North Carolina and within
terms of the contracts approved by the Randolph County Board of Commissioners
and the budget contained herein.
Section 3. The following amounts are anticipated to be available to complete this capital
project:
Proceeds from Debt Financing $ 750,000
Interest Earned $ 1,000
TOTAL: $ 751,000
Section 4. The following amounts are appropriated for expenditures for the capital project:
Professional Services
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$ 50,000
Site Development $ 42,500
Construction $ 613,500
New Furnishings $ 45,00
TOTAL: $ 751,000
Section 5. The Finance Officer is hereby directed to maintain within the Capital Project
Fund sufficient specific detailed accounting records to satisfy the requirements of
General Statutes of North Carolina. The terms of the installment purchase
contract also shall be met.
Section 6. Funds may be advanced from the General Fund for the purpose of making
payments as due. Reimbursement requests should be made to the financial
institution in an orderly and timely manner.
Section 7. This Capital Project Ordinance shall be entered in the minutes of the Board of the
Randolph County Commissioners and copies of this Ordinance shall be filed with
the finance officer, the budget officer, and the clerk to the board for direction in
carrying out this project.
Section 8. This Capital Project Ordinance is adopted on November 1, 2004 and shall
continue in effect until the project is completed.
Discussion of January 2005 Meeting Date
It was the consensus of the Board to not change the regular January meeting date due to the
holidays. The meeting will be held on Monday, January 3, 2005.
Set March Regular Meeting Date
Due to a potential conflict concerning the Legislative Goals Conference in Washington, DC
scheduled for the first week in March 2005, the Board discussed changing the March meeting date for
their Commissioners meeting.
On motion of Frye, seconded by Davis, the Board voted unanimously to change the March 2005
meeting date to Tuesday, March 1, 2005.
Budget Amendment—Escrow Refunding
Will Massie said that for a third time, Randolph County took advantage of rising interest rates to
replace the securities in the 2004A escrow fund. When the County closed on September 24, we had
received an additional $55,728 beyond the previous restructuring savings. Issuance costs on this
restructuring were $9,000, resulting in a net gain of $46,728. This will reduce the amount of
Appropriated Fund Balance in the 2004-05 budget. The grand total of net savings from all three escrow
restructurings was $1,114,902. A budget amendment is needed to account for these funds.
On motion of Frye, seconded by Davis, the Board voted unanimously to approve Budget
Amendment #14, as follows:
Proceeds from Escrow Restructuring $55,728
Appropriated Fund Balance $46,728
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Appropriations
Increase
Decrease
Debt Service
$ 9,000
$500
Budget Amendment—Public Health
Will Massie said that the Health Dept. had received funding for $500 from the Heart Disease and
Stroke Prevention Branch to conduct a survey of all the restaurants in Randolph County regarding
heart health. The results of this survey will provide valuable information that can assist in promoting
heart disease and stroke prevention awareness.
On motion of Davis, seconded by Kemp, the Board voted unanimously to approve Budget
Amendment #15, as follows:
2004-2005 Budget Ordinance
General Fund – Amendment #15
Revenues
Increase
Decrease
Restricted Intergovernmental
$500
Appropriations
Increase
Decrease
Public Health
$500
Closed Session
On motion of Frye, seconded by Davis, the Board voted unanimously at 6:10 p. M. to go into closed
session to consult with the County Attorney to consider and give instructions concerning a judicial
action titled "State of North Carolina, on Relation of, County of Randolph vs. Clarence Ray Jernigan
individually and d/b/a Heath Amusement; Heath Cigarette and Music Service, Inc. d/b/a Heath
Amusement; and James Worth Heath individually and d/b/a Heath Amusement, " pursuant to N. C. G. S.
143-318.1 ] (a) (3).
The Board returned to regular session at 6:35 p.m.
Recess
The Board recessed for a 10 -minute break.
Rezoning Public Hearing
At 6:45 p.m. the Board adjourned to a duly advertised public hearing to consider rezoning requests.
Hal Johnson, Planning & Zoning Director, presented the following requests, and Chairman Holmes
opened the public hearing for comments on each request and closed it before taking action on each
request.
1. STEVE GARNER, Asheboro, North Carolina, is requesting that 3.95 acres located at the corner of
US Hwy 64 West/Lake Park Road, Tabernacle Township, be rezoned from Residential Agricultural to
Highway Commercial. Lake Reese Watershed Water Critical Area. Tax ID# 7702948159. It is the
desire of the applicant to use the property for commercial activities. Property Owners - Tabernacle
Lions Club. The Planning Board considered this request at public meeting on October 5, 2004, and
recommended unanimously that this request be approved.
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Steve Garner, applicant, said that he intends to use the property for a restaurant. He said that only
6% of this property can be used due to the property being located within a Water Critical Watershed
area. He said that the reason that he was not seeking a conditional use zoning permit was because he
didn't want to be limited to the use of his property in case the restaurant was not successful. He said
that he planned on being open for breakfast during the week and possibly on Friday and Saturday at
night. He plans to put a barbeque pit on the property.
Brenda Fox, 5674 Gallimore Town Road, Trinity, said that she owns the property directly across
from Mr. Garner's property. She said that she is not opposed to a restaurant but she has concerns about
rezoning for general commercial use. She would feel better if the request was for a conditional use
permit.
Hal Johnson stated that the restrictions imposed by the property being in a Water Critical
Watershed are about the same as those imposed by a conditional use permit.
On motion of Mason, seconded by Davis, the Board voted unanimously to approve the request of
Steve Garner.
2. LARRY EAST, Sophia, North Carolina, is requesting that 79.39 acres located on the corner of
Wayne White Road/Hunting Lodge Road, Providence Township, be rezoned to allow a residential
subdivision overlay. Tax ID# 7787694991. Polecat Creek Watershed. The Conditional Use Zoning
District would specifically allow a 32 -lot conventional subdivision on Wayne White Road for site -built
homes only with a minimum house size of 1,500 sq. ft. and a 10 -lot rural lot subdivision on Hunting
Lodge Road for site -built homes only with a minimum house size of 1,500 sq. ft. The Planning Board
considered this request at public meeting on October 5, 2004, and by a split vote of 3-3 recommended
that this request be denied.
Stan Byrd, realtor, said that he would be marketing the proposed subdivision. He said that
Randolph County was a blue-collar county and that 1,500 sq. ft. homes were about as expensive as a
first-time homebuyer could afford.
Charles Whitaker, surveyor, said the lots averaged about 1'/z acre per lot in the proposed 32 -lot
subdivision in the secondary growth area and the lots averaged about 3.2 acres in the proposed 10 -lot
subdivision in the rural growth area across the creek. He said that there were only 7 DOT connections,
including the 2 subdivision roads. He said that DOT has approved the location of the connections and
roads.
Clarence Reynolds, 2131 Providence Church Rd., Pleasant Garden, said that he had 2 concerns
other than groundwater, overcrowded schools and traffic. One is the small lot size proposed. The other
is the wording of #21 of the proposed restrictive covenants: "These restrictions are subject to being
altered, modified, canceled or changed at any time as to said subdivision as a whole or as to any
subdivided lot or part thereof by written document executed by the Declarants or their successors in
title and by the owners of not less than 50% of the subdivided lots or part of said subdivision to which
these restrictions apply, and recorded in the Office of the Register of Deeds of Randolph County.
Provided, if the Declarants own 10% or more of the subdivided lots, the Declarants may alter or amend
these covenants without consent of anyone." He would like to see #21 deleted.
Lloyd Smith, 5958 Hunting Lodge Rd., said that there are 5 residences in the area with 300' dry
wells and he is concerned that more development will further deplete the water supply. He said that he
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volunteers full-time at Grays Chapel School and is concerned about the already overcrowdedness
there. He said that he doesn't understand how 42 new homes would yield only 4 additional students at
Grays Chapel, according to the school impact study.
Robert Reynolds, 2219 Providence Church Rd., said that he doesn't understand how a developer
could build a 1,500 sq. ft. house on such small lots, given all the setback requirements. He feels the lot
sizes should be bigger. He is also concerned about the potential impact on the already overcrowded
area schools.
Commissioner Kemp made a motion to approve the request of Larry East, with the rewording of
#21 of the restrictive covenants such that only minor revisions to the subdivision could be made.
The motion died for lack of a second.
On motion of Mason, seconded by Frye, the Board voted unanimously to approve the request of
Larry East, with the condition that he eliminate one lot on each side of the street of the proposed 32 -lot
subdivision in order to make the other lots larger, and with the restricted covenants, as presented.
3. LYNETTE GARNER, Asheboro, North Carolina, is requesting that 14.40 acres located on Zoo
Parkway (just south of Twin Creek Road), Grant Township, be rezoned to allow an exclusive
residential subdivision overlay. Tax ID# 7669719546. The Conditional Use Zoning District would
specifically allow a 14 -lot conventional subdivision for site -built homes with a minimum house size of
1,200 sq. ft. Clifton King - Property Owner. The Planning Board considered this request at public
meeting on October 5, 2004, and recommended that this request be denied by a vote of 3-2 (Larry
Brown absent). Mr. Johnson said that since the Planning Board meeting, the developer has changed her
request to 1,400 sq. ft. minimum house size. He distributed a list of new restrictive covenants to the
Board. He said that existing buffers would not be disturbed. He also said that utilities would have to be
placed underground as required by the recently adopted Hazard Mitigation Plan.
Lynette Garner, applicant, said that she has tried to address all the concerns of the neighbors by
moving the road and increasing the lot sizes to a 40,000 sq. ft. minimum by eliminating 2 lots.
Jerry King, surveyor, said that the lots will have individual wells and septic systems. He said that
there was a ditch along the property line to prevent run-off onto Willow Downs. He said that they had
met with DOT on site regarding the moving of the road. He said that DOT was receptive to the move
and anticipated no problems. He said that there would not be a lot of excavating required since the
property was already in pasture.
Approximately 35 people stood in opposition to this request.
Michael Harvell, said that Faith Meadows would alter the character of the surrounding
neighborhood. He said that the average house size in Twin Creek subdivision is 1,742 sq. ft., with a
155 ft. average road frontage. Willow Downs' average house size is 2,200 sq. ft., with a 227 ft. average
road frontage. A 1,400 sq. ft. minimum house size subdivision located here will devalue surrounding
properties. He said that traffic is already a problem on Zoo Parkway. He has concerns relative to
school buses stopping in front of the 2 proposed lots in the dangerous curve. He said that the City of
Asheboro has already reduced the speed limit on this section of the road from 45 mph to 35 mph due to
heavy traffic. He also distributed petitions asking the Commissioners to repeal the conditional use
zoning for the Faith Meadows Map 1 subdivision.
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Lou Kiessler, 1445 Twin Creek Dr., said his daughter was almost hit by a car in the blind curve on
Zoo Parkway. Also, he said that according to an arborist at the NC Zoo, Leland Cypress is not a good
buffer tree for impeding run-off, hardwoods and evergreens do a better job.
John Lambert, 1444 Twin Creek Dr., said that he has run-off concerns. He said that some of the
existing buffers would have to be cut in order to build houses.
Adam Almodova, 1315 Willow Down Court, said that he was the first property owner in this
subdivision. He said that he chose this subdivision to build his house in because of the strict
restrictions. He said that his house was 1,530 sq. ft. heated space and totals 2,600 sq. ft. with the
garage. He said that he would not give up any property for them to build their proposed road and that is
why the road was moved. He said that the road was changed without the residents knowing about it.
Tonya Needham, said that she has run-off concerns because her driveway keeps washing away.
Gary King, 592 Colony Rd., spoke on behalf of the property owners. He said that perhaps there's
room for compromise. Maybe some sort of terrace could be put between the 2 subdivisions. He said
that he would like to see Ms. Garner increase the lot size and reduce the number of lots. Also he thinks
that a minimum house size of 1,500 sq. ft. would be better. He said that this was his grandpa's land and
he doesn't want it to become a hodgepodge.
Jerry King spoke again and said that a 15 ft. buffer would address the run-off concerns. He could
do terracing on the back side to prevent run-off
Lynette Garner spoke again and said that she would like to change her request to a 125' road
frontage minimum and 1,500 sq. ft. minimum for the house size.
On motion of Mason, seconded by Kemp, the Board voted unanimously to approve the request of
Lynette Garner with the following changes: 1, 500 sq. ft minimum house size and a 125 ft minimum
road frontage on the lots.
Adjournment
There being no further business, the meeting adjourned at 9:00 p.m.
J. Harold Holmes, Chairman Darrell L. Frye
Phil Kemp
Robert O. Mason
Robert B. Davis
Cheryl A. Ivey, Deputy Clerk to the Board
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