050393RANDOLPH COUNTY
BOARD OF COMMISSIONERS
May 3, 1993 Meeting
The -Randolph County Board of Commissioners met in regular session at 2:00
p.m. on May 3, 1993, 725 McDowell Road, Asheboro, NC. Commissioners Frye, Kemp,
Langley, Petty and Comer were present. Invocation was given by Rev. Ronald
Hester of Clearview Baptist Church, Franklinville, NC.
Consent Agenda
On motion of Petty, seconded by Comer, the Board approved the consent
agenda, as follows:
° approve minutes for March 30, April 5, and April 21
° adopt proclamation (ATTACHED) for May as Mental Health Month
• set regular July meeting for Monday, July 12, at 2:00 p.m.
Discharge of Firearms Ordinance
Chairman Frye announced that this item would be heard first in
consideration of citizens present concerned about this issue.
Doyle Stout, spokesman for those in opposition to the proposed ordinance,
stated that he had petitions with excess of 1,100 signatures opposing the
ordinance in its current form. He said sportsmen",and hunters would be penalized
because of 1% of the population and that people with a grudge against their
neighbors could unjustly use this ordinance against them. He asked that the
distance requirement be lowered or no ordinance be adopted and that military
ammunition be outlawed. He said enforcement of the proposed ordinance would
place a burden on the Sheriff's Department.
William Maness said he should be able to do what he wants to on his own
property and that state statutes already exist relative to willful and wanton
shooting.
Allen McNeill, Chief Deputy, said he is not for or against the ordinance,
but that there are some gaps in the law now and their department can't do
anything until someone gets shot, which may be too late. He said that the key
to the distance restriction is the clause, "if such person knows or reasonably
should know that injury to persons or damage to property may result."
Ed Gavin, County Attorney, said there are different interpretations of the
ordinance but that no law or ordinance will cure all problems or satisfy
everyone.'
Chairman Frye read a letter from Chuck O'Connor complaining that Frank
Chamberlin, owner of a gun and pawn shop, :shoots carelessly toward a nearby
subdivision and horse pasture and that he shoots late at night and early in the
morning.
Frank Chamberlin stated that he never shoots unless he has to test a gun
and that he'discharges it toward his own 'propeIty-and house, but never at
unreasonable hours.
Chairman Frye instructed that this item be tabled until the regular June
meeting_.so that staff can further study this issue.
page 2
Landfill Operation Contract
George McArthur, Public Works Director, explained that proposals were
sought for vertical expansion of the landfill because those operations are
different from operations in the past. Mr. McArthur said he evaluated the seven
vendors who responded, based on criteria set out in the RFP. Responders were
Hamlet, Mace, Morton, Saunders, North Asheboro, Triad, and Wright. Interviews
were conducted with the top two proposers, Wright and Hamlet. Pursuant to
information obtained during these interviews, both vendors submitted additional
pricing information. Mr. McArthur stated that there exists some uncertainty
about what level of contractor's license is required of proposers; therefore, he
is not sure who is qualified to bid.
Bill Ivey, attorney for Wright Grading (bidder), stated that although Mr.
Hamlet was the low bidder for the base price, his license is limited to $250,000
and he was bidding on a three-year contract for almost $2,000,000. He said Mr.
Wright has an unlimited license, which requires strong financing and rigorous
testing. He added that when unit prices are added to base prices, Wright
becomes the low bidder.
L. T. Hammond, Jr., attorney for Hamlet Construction (bidder), stated that
the RFP does not address licensing, nor -was -licensing addressed at bid opening.
He contended that because there is a 90 -day cancellation clause for either
party, Mr. Hamlet's license could more than cover any work that could be done in
a 90 -day period and is sufficient for this contract.
Chairman Frye instructed the County Attorney to get an answer from the
State Licensing Board on what license is required for landfill operation., This
item was tabled for a public hearing. (This item is further discussed later in
these minutes.)
Rezoning Public Hearing
The Board adjourned to a duly advertised public hearing at 4:00 p.m. to
consider rezoning requests. Hal Johnson, Zoning Administrator, presented the
following requests:
1. Chris Isom, Asheboro, is requesting 2.47 acres on Lassiter Mill Road, Cedar
Grove Township, have new conditional uses added to the current zoning of LI/CU,
in order to make an addition to a building and a wood storage shed. The
Planning Board recommended approval.
2. Terry Rhamy, Asheboro, is requesting that 1 acre on Hwy 49 South, Concord
Township, be rezoned from RA to HC for commercial purposes. The Planning Board
recommended denial.
3. Larry McKenzie, Asheboro, is requesting that 14.36 acres•on Old NC Hwy 49,
Cedar Grove Township, be rezoned from RA to RR for a subdivision of 12 lots.
The Planning Board recommended approval.
4. Patricia Medlin, Asheboro, is requesting that 1.95 acres on the corner of
Caraway Mountain Road/Old County Home Road, Back Creek Township, be rezoned from
RA to HC for commercial purposes. The Planning Board recommended approval.
5. Alford Johnson, Franklinville, is requesting that .29 acre on Old Liberty
Road, Franklinville Township, be rezoned from RR to HC for commercial purposes.
page 3
The Planning Board recommended approval, with the following conditions:
° the building cannot,be used for anything else but the described business;
° all storage must be contained within the building;
° trash and junk on property must be cleaned up.
Comments - Request #1
Chris Isom, applicant, said they need room for expansion and storage.
Comments Request #2
Doietta Johnson, 6519 Hwy 49 S., Asheboro, said their community.is rural
and they want to keep it that way. She said if one acre is rezoned HC now, the
other 20 acres in'the tract may be rezoned HC later. Eleven people stood in
support of her comments.
Comments - Request #3
Larry McKenzie, applicant, presented /a copy of deed restrictions and said
only single-family stick -built houses will be constructed.
Comments - Request #4
Patricia Medlin, applicant, said a general store would be convenient for
this undeveloped area and would enhance it.
,
Comments - Request #5
Jean Johnson stated that they want to operate a store.
Don Phillips, adjoining property owner, said he would not oppose. .the
request if the site stays cleaned up and if Mrs. Johnson 's son keeps his
chickens away from him.
Action on Requests
On motion of Langley, seconded by Petty, the request of Chris Isom was
approved.
On motion of Petty, seconded by Kemp, the request of Terry Rhamy was
denied.
On motion of Langley, seconded by Kemp, the request of Larry McKenzie was
approved. i. I 1
On motion of Petty, seconded by Comer, the request of Patricia Medlin was
approved.
On motion of Langley, seconded by Petty, the Board approved the request of
Alford Johnson, with the restrictions recommended by the Planning Board.
Engineering Contract - Klaussner Grant
The County Manager stated that he had negotiated a contract with Marziano
and Minier based on hourly costs, but not to exceed $75,000, including cost of
soil testing and surveying.
On motion of Kemp, seconded by Petty, the Board awarded the contract to
Marziano and Minier and authorized the County Manager to sign the contract after
it is.approved by the County Attorney.
page 4
Audit Contract
On motion of Kemp, "seconded by Langley, the Board awarded a contract to
Strand, Skees, Jones & Company to audit the County's accounts for year ending
June 30, 1993.
Bid Award - Tax Department Computer Equipment
Patty Sykes, Purchasing Agent; presented bids (ATTACHED) from six vendors
for computer_ equipment to be used in the new vehicle billing system. She stated
that items 7 and 8 on the equipment list have been discontinued by IBM and that
replacement models will be announced soon. She requested that bids for items 7
and 8 be rejected and rebid informally when new model numbers are known, and
that the remaining bid be awarded to Compu-Com, the overall low bidder.
On motion of Kemp, seconded by Petty, the Board awarded the bid for all
equipment, except items 7 and 8, to Compu-Com, for a total of $22,259.
Bid Award - Waste Equipment Rental and Hauling Service
Ms. Sykes advised that she had received four bids for waste equipment
rental and hauling service: IWS, $21,600; Burgess Maness, $23,724; BFI,
$24,855; and ARS, $32,688.
On motion of Petty, seconded by Langley, the Board awarded a one-year
contract to the low bidder, IWS.
Wood Chipping Contract
This item was removed from the agenda.
Bid Award - Map Books for 911
Ms. Sykes stated that informal bids were received for the printing of 1,000
map books for emergency vehicles in conjunction with 911, as follows:
1. Printing of Map Sheets on 70# Offset Paper:
a) Pro Forms and Systems $11,450
b) Village -Printing 12,630
c) Print Shack 14,843
d) Rapid Impressions 10,492
2. Printing of .55 Ga. Polyvinyl Binders:
a) General Binding Corporation $ 2,390
b) Village Printing 3,698
c) Beaverite 2,460
d) Visual Products, Inc. 2,600
3. Index Tabs - A -H, Appendix A -D
a) Pro Forms and Systems $ 1,500
b) Beaverite Products 880
On motion of Petty, seconded by Comer, the Board awarded the bid to the, low
bidder in each category (Rapid Impressions, General Binding, and Beaverite
Products), for a total cost of $13,762.
Aging Services Planning Committee:
Frank Willis, County Manager, stated that the bylaws for this committee
must be adopted by the County Commissioners to,be official.
page 5
On motion of Petty, seconded by Langley, the Board adopted the draft of the
bylaws of the Aging Services Planning Committee, as presented by that committee.
Offer to Sell Real Estate to County
On motion of Kemp, seconded by Petty, the Board voted not to accept the
offer of Mrs. Estelle Allen to purchase her property at the corner of Salisbury
and Cox streets for $200,000.
Klaussner Grant Project Ordinance
On motion of Kemp, seconded by Petty, the Board adopted the Klaussner
Furniture Industries, Inc. Community Development Block Grant Project Ordinance
(ATTACHED). This ordinance will remain in effect for the life of the project.
Resolution of Support for Strategic Planning
Hal Johnson gave an update on the work of the Strategic Planning Organizing
Committee and explained the proposed formation of a steering committee to be to
governing body of the strategic planning process.
On motion of Kemp, seconded by Petty, the Board.adopted a resolution of
support (ATTACHED) for the proposed strategic planning process, including a
funding commitment of $23,760.
Budget Amendment — Strategic Planning
On motion of Langley, seconded by Petty, the Board approved Budget
Amendment #37 (ATTACHED), which transfers $8,000 from Contingency to Planning
and Zoning. These funds will be used to pay PTCOG to do a statistical profile
of Randolph County in conjunction with strategic planning.
Resolution Opposing Mandate Without Funding
On motion of Petty, seconded by Comer, the Board adopted a resolution
(ATTACHED) for relief from federal and state mandates which are not accompanied
with funds for carrying out these mandates.
Appointment — County Planning Board
On motion of Kemp, seconded by Petty, the Board appointed Tim Poole to
replace Arlie Culp as an alternate member of the County Planning Board.
Randolph County Board of Education
Chairman Frye stated that citizens of Randolph County are interested in
increasing the Randolph County Board of Education to nine members and in
changing the method of election so that members are elected by districts. He
attended a meeting with our area legislators to discuss this matter. He
instructed Mr. Gavin, County Attorney, to work with our state representatives
and senators and the County Manager to determine how these changes could be
accomplished.
Landfill Operation Contract — Continued
Frank Willis, County Manager, recommended that the licensing issue be
settled, that a special meeting be set in May for this item, and that.it be
treated as a service contract. The Board agreed to meet, possibly on May 17.
Adjournment
On motion of Kemp, seconded by Comer, the Board adjourned.