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100206October 2, 2006 The Randolph County Board of Commissioners met in regular session at 4:00 p.m. in the Commissioners Meeting Room, County Office Building, 725 McDowell Road, Asheboro, NC. Commissioners Holmes, Frye, Kemp, Davis, and Lanier were present. Rev. Mark Spence, New Beginnings Baptist Church, gave the invocation, and everyone recited the Pledge of Allegiance. Recognition of Retiree MiMi Cooper, Public Health Director, recognized Balinda Ferree, who is retiring from the Health Department with 29 years of service, and Chairman Holmes presented an engraved clock to her. Public Comment Period Pursuant to N.C.G.S. § 153A-52.1, Chairman Holmes opened the floor for public comment. No one spoke, and Chairman Holmes closed the public comment period. Addition to and Approval of Consent Agenda Chairman Holmes announced that Item I. Appoint Gail Moore to Nursing Home Advisory Committee and Item J. Adopt Resolution Authorizing Execution of Community Development Block Grant would be added to the Consent Agenda. On motion of Frye, seconded by Kemp, the Board voted unanimously to approve the Consent Agenda, as follows: • approve regular minutes and 3 sets of closed session minutes from 915106 meeting; • appoint Will Massie and Cheryl Ivey and reappoint Jane Leonard to Public Facilities Corporation; • reappoint Brian Moffitt, Reid Kearns and Hal Johnson to the Tourism Development Authority and reappoint Hal Johnson as Chairman; • approve Firemen's Relief Fund appointments: Benny Beck, Dale Needham Coleridge; Jim Pell, David Greason Eastside; Roger King, Steven Hughes Farmer; Kyle Dixon, Johnny Hicks Franklinville; Tony Turner, Mike Bradshaw Guil-Rand; David Davis, Kenneth Adams Level Cross; Larry Williams, William Flowe, Jr. Northeast; Darrell Voncannon, Jack McKenzie Seagrove; Donald Allred, Edwin Beeson Sophia; Ray White, Michael McDowell Southwest; Yancy King, Terry Williams Staley; Darrell Owenby, Jesse Wilson Tabernacle; Phil Pendry, Melissa Blalock Tiger Country; Michael Dickinson, Ted Scott Ulah; Brian Hedgpeth, Derrick Lyndon Westside; • adopt Proclamation for 4H Week (October 1-7, 2006), as follows: WHEREAS, 4-H is a community where young people learn leadership, citizenship and life skills; and WHEREAS, 4-H is one of the largest youth development organizations in North Carolina with nearly 6.6 million youth involved in 4-H; and WHEREAS, 4-H in North Carolina claims 195,000 youth members and 30,000 adult volunteers, while Randolph County's 4-Hprogram numbers over 4000 members and over 300 volunteers; and WHEREAS, 4-H, as part of the North Carolina Cooperative Extension, is a program where youth learn together in all kinds ofprojects, events and activities; and WHEREAS, 4-H has been helping youth and adults learn, grow and work together for more than one hundred years. NOW, THEREFORE, THE RANDOLPH COUNTY BOARD OF COMMISSIONERS DOES HEREBY PROCLAIM October 1-7, 2006 as National 4-H Week in Randolph County and urges the people of this community to take advantage of the opportunity to become more aware of this special program which gives youth the chance to learn together and on their own as part of Randolph County 4-H and to join us in recognizing the unique partnership between our county and our university system. 0 approve Budget Amendment #10 Health Department, as follows: 2006-2007 GENERAL, FUND - Amendment #10 Revenues Increase Restricted Intergovernmental $20,000 Appropriations Increase Public Health $20,000 • approve Budget Amendment #11 Library, as follows: 2006-2007 GENERAL FUND -' Amendment #11 Revenues Increase Restricted Intergovernmental $15,611 Appropriations Increase Public Library $15,611 • approve Budget Amendment #5 County Schools Capital Project Ordinance, as follows: COUNTYSCHOOLS CAPITAL PROJECT ORDINANCE - Amendment #5 Revenues Increase Decrease Debt Issued $7,026,469 Interest Earned $276,720 Appropriations Increase Providence Grove High School Profession Services Architect $15,018 Other Services Testing & Surveying $22,000 Land Acquisition $339,782 General Construction $4,939,800 Utility Construction $1,263,250 Contingency $181,590 Administrative Costs $316,985 Archdale Trinity Area High School Land Acquisition $254,800 • appoint Gail Moore to Nursing Home Advisory Committee; • adopt resolution authorizing execution of Community Development Block Grant, as follows: WHEREAS, Randolph County has received a 2006 Grant from the State of North Carolina, Department of Commerce, Division of Community Assistance under the Small Cities Community Development Black Grant Program, Scattered Site Housing Category; and WHEREAS, Randolph County has accepted the State of North Carolina Small Cities Community Development Block Grant allocation of $400, 000; and WHEREAS, Randolph County has substantially complied with all federal, state and local laws, rules, regulations and ordinances as applicable to the project. NOW, THEREFORE, BE IT RESOLVED by the Randolph County Board of Commissioners that Richard T. Wells, Interim County Manager; William L. Massie, Assistant County Manager; and David Townsend, III, Director ofPublic Works, are hereby authorized to execute all 2006 Scattered Site Housing Grant documents. Additions to Agenda Chairman Holmes announced that Item H. Historical Society Request and Item I. County -wide Water Plan Update would be added to the New Business section of the Agenda. Public Hearing - D.O.T. Secondary Road Improvement Program; Approval of Resolution Reuben Blakley, D.O.T. District Engineer, presented the 2005-2006 Secondary Roads Improvement Program and reviewed the expected allocations listed in the resolution that follows. Chairman Holmes opened the public hearing at 4:20 p.m. and, hearing no comments, closed the public hearing. On motion of Kemp, seconded by Davis, the Board voted unanimously to adopt the following resolution approving the 2005-2006 Secondary Roads Improvement Program, as follows: WHEREAS, the North Carolina Department of Transportation received in July 2005 and July 2006 an allocation of $4,119,548 and remaining funds of $0 from the previous Secondary Construction Pro, -ram, a total of $4,119,548 for Secondary Road Improvements in Randolph County for fiscal years 2005-2006 and 2006-2007 A public meeting was held on October 21 2006 in the Randolph County Commissioners Meeting Room on the expenditures of said funds; and WHEREAS, it is proposed to utilize approximately $3,553,300 to construct roads down the priority list as far as possible, provided rights of way are available; and PROGRAM SUBJECT TO AVAILABILITY OF FUNDING, RIGHT-OF-WAY, & ENVIRONMENTAL REVIEW Priority No. SR Road Name From To Miles Description Cost No. 8C.076035 2297 Old Providence Road SR 2114 EndMaint 0.26 G,D,B,P,EC $117,000 8C.076048 2903D Osborn Mill Road End Pvt. SR 2911 1.25 P & EC $125,000 8C. 076051 1118A Bethel Lucas Road NC 134 SR 1121 1 P & EC $100,000 8C.076057 2876E Pleasant Grove Church SR 2886 SR 2885 1.43 G,D,B,P,EC $643,500 Road 8C.076067 2379 Cheyenne Trail SR 2112 EndMaint 0.556 G,D,B,P,EC $145,200 (6F Sub) 8C.076068 2380 Cherokee Trail SR 2379 EndMaint 0.308 G,D,B,P,EC $ 94,600 (6F Sub) 8C.076070 2141 Hall Road SR 2261 Beg Pvt. 0.21 G, D, B, P, EC $94,500 8C.076071 2836 Archie Newsome Road SR 2835 EndMaint 0.4 P & EC $40,000 8C.076072 1173 Tom's Creek Road NC 49 SR 1174 0.70 G,D,B,P,EC $315,000 8C.076073 2908 Wayne Road SR 2911 NC 42 0.90 G, D, B, P, EC $405,000 8C.076074 1113 Pisgah Church Road SR 1114 EndMaint 1.03 B,P & EC $206,000 8C.076080 2996 Donna Road SR 2839 EndMaint 0.14 G,D,B,P,EC $ 63,000 (4F Sub) 8C.076081 2043 Dean View Drive SR 1928 EndMaint 0.13 G,D,B,P,EC $ 58,500 (8F Sub) 8C.076085 1264 Cortez Road SR 1228 SR 1228 0.54 GD &EC $108,000 8C.076088 2896C Pickett'sMill Road SR 2899 STA 78+65 1.23 G,D,B,P,EC $553,500 3F (Sub) 2553 CC Square Road SR 2483 EndMaint 0.10 B,P & EC $20,000 9F (Sub) 2994 Freedom Trail NC 159 EndMaint 0.29 B,P & EC $58,000 9F (Sub) 2995 Independence Avenue EndMaint EndMaint 0.3 B,P &EC $60,000 ]OF (Sub) 3265 Idlewild Drive Ext. SR 3264 EndMaint 0.16 B,P & EC $32,000 ]OF (Sub) 3267 Rockaway Drive SR 3265 EndMaint 0.04 B,P & EC $ 8,000 ]OF (Sub) 3268 Rockaway Drive SR 3265 EndMaint 0.1 B,P & EC $20,000 11 (Sub) 3272 Allred Heights SR 1527 EndMaint 0.33 B,P & EC $66,000 12 (Sub) 3280 Second Park Avenue SR 2383 SR 2331 0.29 G,D,B,P,EC $130,500 13 (Sub) 2312 Morning Glory Road SR 2150 EndMaint 0.2 G,D,B,P,EC $ 90,000 WHEREAS, it is proposed to retain $426,575 of the total allocation for spot stabilization, paved road improvements, replace small bridges with pipe, or safety projects; and WHEREAS, it is proposed to retain $139,673 of the total allocation for road additions, property owner participation paving, volunteer fire departments, rescue squad driveways, old subdivision improvement program, overruns, county surveys and right of way acquisition; and WHEREAS, the North Carolina Department of Transportation received in July 2005 and July 2006 an allocation of $3,943,948 and remaining funds of $0 from the North Carolina Highway Trust Fund, a total of $3,943,948 for Secondary Road Improvements in Randolph County for fiscal years 2005-2006 and 2006-2007. A public meeting was held on October 2, 2006 in the Randolph County Office Building on the expenditures of said funds; and WHEREAS, it is proposed to utilize approximately $3,186,500, 000 to construct roads down the priority list as far as possible, provided rights of way are available; and Priority No. SR No. Road Name From To Miles Description Cost 8C.076017 2853 Ridge Road Beg.Pavt SR 2843 1.00 B,P &EC $200,000 8C. 076058 2107 Old Climax Road SR 2106 Co.Line 0.80 P & EC $ 12,000 8C.076059 2904 Old Bachelor Creek SR 2900 SR 2903 0.70 G,D,B,P,EC $315,000 Road 8C.076062 1179E Lou Cranford Road SR 1180 SR 1143 2.0 G,D,B,P,EC $900,000 8C.076066 2481 Low Bridge Road SR 2455 SR 2442 1.5 G,D,B,P,EC $675,000 8C.076077 1689 Stewart Street SR 1527 EndMaint 0.5 G,D,B,P,EC $100,000 8C.076078 1149 Veteran's Loop Road SR 1145 EndMaint 0.7 G,D,B,P,EC $315,000 16 (Rural 2112 Bethel Church Road SR 2116 Beg. Pvt. 0.65 G,D,B,P,EC $292,500 Hold) IF (Sub) 3277 Woodale Forest Court SR 1554 EndMaint 0.20 B,P & EC $40,000 IF (Sub) 3278 Woodale Forest Lane SR 3277 EndMaint 0.15 B,P & EC $30,000 2F (Sub) 2150 Forest Park Drive SR 2312 SR 3264 0.28 B,P & EC $56,000 5F (Sub) 2554 Cox Lane SR 2419 EndMaint 0.31 B,P & EC $62,000 7F (Sub) 2383 Leonae Drive SR 2312 EndMaint 0.42 G,D,B,P,EC $189,000 WHEREAS, it is proposed to retain $530,472 of the total allocation for spot stabilization, paved road improvements, replace small bridges with pipe, or safety projects; and WHEREAS, it is proposed to retain $226,976 of the total allocation for property owner participation paving and overruns. BE IT RESOLVED that all of the above be carried out by the Department of Transportation. Approval of Work First Plan for FY2007-09 Martha Sheriff, Social Services Director, told the Board that the Work First Planning Committee had met and developed the proposed Work First Plan for FY 2007-2009 with only minor changes to the previous plan. Ms. Sheriff presented the plan for the Board's consideration. On motion of Frye, seconded by Lanier, the Board voted unanimously to approve the Work First Plan for FY 2007-2009, as presented. Approval of New Memorandum of Understanding for Cooperative Extension Carolyn Langley, Cooperative Extension—Randolph Center Director, presented a new Memorandum of Understanding between County government, NC State University and NC A&T State University for the Board's consideration. On motion of Davis, seconded by Kemp, the Board voted unanimously to approve a new Memorandum of Understanding for Cooperative Extension, as presented, effective January 1, 2007. Bid Award for Water Heater at Jail Major Allen McNeill, Sheriff's Office, told the Board that requests for proposals were sent to 4 vendors seeking bids for a 500 -gallon replacement water heater at the Jail. Only one bid was received: Randolph Boiler & Mechanical, Inc. for $54,373.11. He said that the Sheriff s Office has identified funds within its budget for this purchase. On motion of Frye, seconded by Davis, the Board voted unanimously to award the bid for a water heater for the jail to Randolph Boiler & Mechanical, Inc. for $54,3 73. 11. Major McNeill also informed the Board that plans for expansion at the jail would need to commence soon to alleviate overcrowding. Authorization of Refund for Overpayment of Excise Stamps Aimee Scotton, Associate County Attorney, said that Julie Stubblefield, from the law office of Bunch, Robins & Stubblefield, pursuant to NCGS 105-228.37, has requested the refund of excise tax paid on a deed that was erroneously filed in Randolph County. The deed should have been filed in Montgomery County; the excise tax paid on this property in Randolph County was $220.00. According to NCGS 105-228.37, the Board of Commissioners must review the request and hold a hearing to make a decision on the refund. If the Board finds that the refund is due, the Board shall refund the County's portion of the tax. Ordinarily, before the tax is refunded, the taxpayer must record a new instrument reflecting the correct amount of tax due. In this case, since no tax was due, before the tax is refunded, the taxpayer must record a document stating that no tax was owed because the instrument being corrected was recorded in the wrong county. This document, which must include the names of the grantors and grantees and the deed book and page number(s) of the instrument(s) being corrected, was filed in the Randolph County Registry on September 8, 2006. Since no excise tax was due in Randolph County and this deed was simply recorded in the wrong place, Ms. Scotton asked the Board to authorize the refund requested by Julie Stubblefield in the amount of $220.00. On motion of Kemp, seconded by Davis, the Board voted unanimously to approve the refund of $220 to Julie Stubblefield for the overpayment of excise tax. Update on Public Health Nuisance Abatement Aimee Scotton reminded the Board that at their last meeting, a hearing was held regarding the conditions at 1102 Country Place Road in Asheboro. The Board concluded, based on evidence provided by MiMi Cooper, Health Director, that conditions on this property were dangerous and prejudicial to the public health and safety, and the Board ordered the Health Department to take measures to abate this nuisance. Shortly thereafter, MiMi Cooper was contacted by two of the four property owners. They are interested in selling the property and have retained the services of a local real estate agent. This agent has, in turn, hired a contractor to perform the work necessary to repair the property and prepare it for sale. This repair work consists of the same work that would be necessary to abate the public health nuisance and will be paid for by the property owners. No further action by the County should be necessary. MiMi Cooper will continue to be in contact with the local real estate agent in order to monitor progress on this property. Request by Historical Society; Designation of Parking Spaces on County Property Tim Womick, Project Coordinator, Randolph County Historical Society, said that the Society plans to establish a historic park on the southeast quadrant of the original Public Square—corner of Salisbury Street and Main Street. He requested that the Board designate 6 total parking spaces, one being handicapped, in the County's over -flow parking lot adjacent to the County Courthouse—corner of Salisbury Street and Cox Street, to be used for historic park parking. On motion of Kemp, seconded by Davis, the Board voted unanimously to designate 6 total parking spaces in the County's over flow parking lot on the corner of Salisbury Street and Cox Street to be used solely for historic park parking. Update on Hwy. 22 Providence Grove School Water Transmission Line David Townsend, III, Public Works Director, said that plans are still moving forward with the water line to Providence Grove High School. All possible funding sources are being considered, including any available state and federal funding. Commissioner Lanier commented that Handy Sanitary District is still very interested in serving the southwest part of Randolph County with water; they are ready to go any time the County is. Closed Session—Economic Development (N.C.G.S.143-318.11(a)(4)) At 5:20 p.m., on motion of Frye, seconded by Davis, the Board voted unanimously to go into closed session to discuss matters relating to the location or expansion of business in the area, pursuant to N. C. G. S. 143-318.11(a) (4). At 5:52 p.m. the Board returned to open session and then took a short recess. Amendment to Unified Development Ordinance—Signs At 6:30 p.m., Chairman Holmes adjourned to a duly advertised public hearing to consider an amendment to the Unified Development Ordinance regarding special use permits for off-site directional gateway signs. Chairman Holmes opened the public hearing, and hearing no comments, closed the public hearing. On motion of Frye, seconded by Davis, the Board voted unanimously to approve an amendment to Article XII of the Unified Development Ordinance, as follows: Article VII. District Regulations Section 5.3 Regulations for Special Use Permits. Use: Directional Gateway Sign Special Use District: RA, RM, RR, RE, E -I Site Considerations: One (1) directional gateway sign shall be permitted for the same business. Landscaping of the site around the sign using appropriate plantings and shrubs is required. Sign Requirements: Directional gateway signs shall not exceed 16 sq. ft for a single business and 16 sq. ft. for the name of the street and/or development with a maximum total sign size of 75 sq. ft. No directional gateway sign shall exceed eight (8) ft in height. Non flashing or indirect illumination is required. All lighting must be motionless. Sign must be a ground mounted sign constructed of metal, brick, or fiberglass. Any directional gateway sign shall be subject to approval by the N.C. Department of Transportation. No directional gateway sign shall be placed where it may cause a hazard, or obstruct the view of any driver. Plans: A construction plan shall be required prior to issuance of a zoning permit. Rezoning Public Hearing At 6:35 p.m., the Board adjourned to a duly advertised public hearing to consider rezoning requests. Hal Johnson, Planning and 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. CHARLES LACKEY, Denton, North Carolina, is requesting that 5 acres out of 56.43 acres located at 7113 Jackson Creek Road, Concord Township, be rezoned from RA to OI -CD. Rural Growth Area. Tax ID# 6790681557. The proposed Conditional Zoning District would specifically allow an 80' x 75' multipurpose assembly building for missionary conferences & community meetings. Property Owner - Pauline Hoover. The Planning Board reviewed this request at public meeting on September 12, 2006, and unanimously recommended that this request be approved as consistent with standards and policies contained within the Growth Management Plan. Example of a Growth Management Policy that the Technical Review Committee found supporting this recommendation: Policy 8.4 The County should approach land use and economic development decisions, not as isolated individual issues, but as part of a larger interconnecting framework of building sustainable growth within Randolph County. Charles Lackey, applicant, said that he doesn't think he needs the buffer since the entire 56 acres is surrounded by trees. On motion of Lanier, seconded by Frye, the Board voted 4-1, with Kemp opposing, to approve the request of Charles Lackey, as consistent with the County's adopted comprehensive plans and as outlined in the recommendation provided by the County Planning Board, with the condition of the planting of only I row of trees on the west side of the site plan. 2. NIEMITALO INVESTMENTS, Archdale, North Carolina, is requesting that 2.76 acres located at 3194 Sumner Road, Trinity Township, be rezoned from LI -CU to LI -CD. Primary Growth Area. Lake Reese Watershed. Tax ID# 7715366651. The proposed Conditional Zoning District would specifically allow office and warehouse storage for a concrete construction business as per site plan. Property Owner — J.L. Furnishings East. The Planning Board reviewed this request at public meeting on September 12, 2006, and unanimously recommended that this request be approved as consistent with standards and policies contained within the Growth Management Plan. Example of a Growth Management Policy that the Technical Review Committee found supporting this recommendation: Policy 1.6 Planning and development decisions should be based on the principal of promoting investment in Randolph County to expand employment opportunities while preserving and improving the quality of life for all county residents. David Cecil spoke on behalf of the applicant, saying that there would be no actual production of concrete items done on-site; the warehouse will be used solely for storage. On motion of Frye, seconded by Lanier, the Board voted unanimously to approve the request of Niemitalo Investments, as consistent with adopted comprehensive plans and as outlined in the recommendations provided by the County Planning Board. Adjournment There being no further business, the meeting adjourned at 7:00 p.m. J. Harold Holmes, Chairman Darrell L. Frye Phil Kemp Arnold Lanier Robert B. Davis Cheryl A. Ivey, Clerk to the Board