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010488RANDOLPH COUNTY BOARD OF COMMISSIONERS MINUTES JANUARY 4, 1988 The Randolph County Board of Commissioners met in regular session at 2:00 p.m. on January 1, 1988 in Courtroom B, Courthouse, Asheboro, NC. 'Commissioners Frye, Langley, Davidson, Petty and Comer were present. Invocation was given by Marion Smith, Director of Social Services. Approval of Minutes On motion of Davidson, seconded by Comer, the Board approved the minutes of the December 7, 1987 meeting. JTPA Update Janice Scarborough, Director of Randolph Community Services, presented an overview of Job Training Partnership Act (JTPA) and how the federal funds flow through the state level to the local programs. All JTPA programs in Randolph County are administered by her agency. Randolph County is in the Rural Service Delivery Area, . which means that the State is the administrative unit for these funds instead of any local agency. Mrs. Scarborough also presented the 1987 annual report, which described all the JTPA Programs operated in 1987. Public Hearing: Randleman Lake Water Critical Area Designation Hal Johnson,/Planning Director, told the Board that the Unified Development Ordinance adopted on July 6, 1987 included a water critical area protection zone for existing municipal water reservoirs in Randolph County, but that it did not include the future Randleman Lake because at that time there were no official maps showing the exact location of the proposed lake. The County now has an official map of the Randleman Lake from the Water Authority, which shows the water line, the 200' buffer zone around the lake to be purchased by the Water Authority, and the proposed i mile water critical area designation beyond the buffer zone. Mr. Johnson explained that incorporating this map into the Unified Develop- ment Ordinance constitutes an amendment to the ordinance and, therefore, requires a public hearing on the matter. The wording of the Subdivisions and Watershed Protection sections of the ordinance would be amended in the following manner: Article VI, Section 2 Compliance with Official Plans and Ordinances Add the following language: r IN 'In addition, where land lies within the area of a public water supply reservoir, so designated by a governmental authority, subdividers of such land shall be required to give notice on the face of the final subdivision plat that land within the subdivision lies within a designated public water supply reservoir area and may be the subject of future public purchase. (See Appendix F for Certificate of Dis- closure of Public Purchase.)" Appendix F Requried Certifications is amended by adding the following certification: 5. Certificate of Disclosure of Public Purchase I hereby certify that land identified within the subdivision plat shown hereon lies within the area of a designated proposed Commissioners Minutes January 4, 1988 Page 2 public water supply and may be subject to public purchase at a later date. Randolph County Planning Director Date WATERSHED PROTECTION Section 1 Definitions is amended by adding the following (underlined) words to Subsection A: A. Water Quality Critical Area (WQCA) - Land located adjacent to the shoreline of a public water supply reservoir, so designated by a governmental authority, and is located from normal pool level extending from z to 1 mile from the reservoir high water mark depending on the size of the watershed and specifically delineated on the official watershed map. Mir. Johnson further explained that for the designated water critical areas lots must have a minimum size of 80,000 square feet. He said that lots and plats already approved for development will not be affected by these regula- tions. Chairman Frye opened the hearing to public comment. The following people spoke: Lloyd Hamlet (465 Windsor Drive, Asheboro) asked if maps are available to the public so they can see exactly how their property will be affected by the lake. He also asked if there would be recreational areas and a marina. Fred Farlow (Route 1, Randleman) suggested that the County mail maps to all the affected people -and asked when people's land would be purchased. Ronald Self (Route 1, Sophia) asked if the lake would affect his poultry business. Paul Small, poultry business owner, asked if he would still be able to spread his chicken litter as before. Doris and Leon Owen voiced concern for what would happen to their house and land since a portion of their property would be affected and asked about a patrol along Deep River now to prevent some of the garbage, including dead animals, being dumped into it. Carolyn Rayle, realtor, asked if purchasers of land adjacent to the proposed lake would be able to put in docks. Thelma, Adams expressed her belief that not being able to do anything with the land in the affected area, since it will be bought 10 years from now, constitutes governmental taking of land without due compensation. She also voiced her disapproval of the proposed High Point sewage pipeline around the proposed dam. Edith Coltrane voiced her concern over the quality of water in Deep River. \ Commissioners Minutes January 4, 1988 Page 3 No one else asked to speak. Chairman Frye declared the public hearing closed. Action: Randleman Lake Water Critical Area Designation unanimously On motion,of Davidson, seconded by Petty, the Board voted/to amend the Unified Development Ordinance by incorporating the Randleman Lake map as an official part of the ordinance and by unending the wording as quoted above. Award of Heating'Oil Bid Patty Sykes,. Purchasing Agent, presented bids received for providing Randolph County with No. 2 Heating Oil for the 1988-1989 heating season. The following bids were opened and publicly read on December 30, 1987: Briles Oil Company .5520 per gallon Pugh Oil Company .5370 per gallon Randolph Oil'Company .5870 per gallon All bids were quoted with the price to fluctuate with the vendor's terminal price on the day of delivery. Mrs. Sykes recommended awarding the bid to the low bidder, Pugh Oil Company. Award of 4—[heel Vehicle Mrs. Sykes presented bids received for a 4 -wheel drive vehicle for the Sheriff's Department. The following bids were opened and publicly read on December 29, 1987: Nance Chevrolet $15,272.19 Chevrolet Blazer Vestal Motor Co. $15,143.88 Ford Bronco II Mrs. Sykes also noted that a Jeep Cherokee is available on state contract for $13,663.00. Local bids were taken to see if a vehicle could be purchased locally at a price less than state contract. Mrs. Sykes recommended rejecting all local bids so the vehicle can be purchased on state contract. The Sheriff's Department perfonnal are in agreement with this recommendation. On motion of Petty, seconded by Davidson, the Board voted to reject all local bids for a 4 -wheel drive vehicle. Amendment to the Purchasing Policy Mrs. Sykes requested the Board to amend the County's Purchasing Policy to reflect the new limit on contracts requiring the use of the formal bidding procedure. The 1987 General Assembly changed this figure from $30,000 to $50,000. This changed figure in the amended policy would appear on pages 3, 5, and 7. unanimously On motion of Comer, seconded by Petty, the Board/approved this amendment to the Randolph County Purchasing Policy. Copies of amended pages are included by reference. Public Hearing: Community Development Block Grant Program Amendment At 3:00 p.m. the meeting adjourned to a duly advertised public hearing on an amendment to the Community Development Block Grant Project Ordinance. Chairman Frye asked those in favor of or opposed to the amendment to make comments. No one spoke. Chairman Frye declared the public hearing closed. D.O.T. Additions On motion of Davidson, seconded by Petty, the Board approved the addition of Greenview Drive in the Pinewood Golf & Development Subdivision, Greenview Drive in Stoneybrook Subdivision, and Harvell Street to the State System of Roads. Copies of resolutions are included by reference. Commissioners Minutes January 4, 1988 Page 4 Special Meeting Change The Board agreed to change the date from January 14 to January 26 for a special meeting to receive a facilities study report from Black & Veatch and Nathaniel Curtis, Architect. The meeting time will remain at 7:00 p.m. Public Hearing: Rezoning Requests At 4:00 p.m. Chairman Frye declared in session a duly advertised public hearing for rezoning requests. Planning Director, Hal Johnson, presented the following requests: 1. Vance R. Davis, Randleman, is requesting that approximately 2.9 acres of land located on Highway 22, Providence Township, be rezoned from Residential Restricted to Light Industrial/Conditional Use (Zoning Map 7795). It is the desire of the applicant of use the land for commercial development. This will consist of a 5,000 sq. ft. building to manufacture stairs and handrails. Approximately 14 persons wi_1.1 be employed. The Planning Board voted 4-3 to recommend this request be approved. How- ever, the Planning Board made special note that the request was not consist- ent with the Land Development Plan for this area. 2. Robert York, Trinity, is requesting that approximately 15,000 square feet of land located on the southeast corner of SR1619/1620, Trinity Township, be rezoned from Residential Agricultural to Light Industrial/Conditional Use. It is the desire of the applicant to use the property for industrial/commer- cial development. This will consist of a 3,700 sq. ft. building to locate an industial supply business on the site. The Planning Board recommended unanimously that the request be approved as consistent with the Land Development Plan. The Board noted that the 15,000 sq. st. lot had been platted prior to current regulations. 3. Gilmore Plant & Bulb Company, Inc., Julian, is requesting that approximately 1 acre of land located on the corner of SR2405/1006, Liberty Township, be rezoned from Residential Agricultural to Highway Commercial/Conditional Use (Zoning Map 8708). It is the desire of the applicant to construct a 2,300 sq. ft. building to locate an automotive starter repair service. Approxi- mately 5 persons would be employed The Planning Board recommended unanimously that the request be approved as consistent with the Land Development Plan. Comments - Request #1 Vance Davis stated that he would employ only 12 persons and only 8-10 of those would work in the proposed building. The Health. Department has told him there would be no problem with the septic tank requirements. Mr.. Davis said he plans to set the building back 100 feet and it will not be close to property lines. Roger Hines, Route 1, Franklinville, said he lives ne.xtdoor to the site and that he opposes the request because of the dangers of the welding that will take place and because it will devalue his property. Commissioners Minutes January 4, 1988 Page 5 Comments - Request #2 Robert York said that he has the septic tank approved by the Health Depart- ment and that he will be on Davidson Water. No one spoke in opposition to this request. Comments - Request #3 Betty Gilmore stated that the building will be 651x351. No one spoke in opposition to this request. The public hearing was closed. Action Taken on Rezoning Requests On motion of Petty, seconded by Comer, the Board approved the rezoning request of Vance Davis. On motion of Langley, seconded by Davidson, the Board approved the rezoning request of Robert York. On motion of Davidson, seconded by Comer, the Board approved the rezoning request of Gilmore Plant & Bulb Company. Planning Board Recommendations - Poultry House Regulations Hal Johnson, Planning Director., advised the Commissioners that the Planning Board has studied the issue of commercial poultry house regulations, following concerns expressed by citizens during recent zoning public hearings. The Planning Board has held a public hearing on this issue and has come up with a, list of recommendations for regulation. Mr. Johnson said he had been advised by the Ins�titu.te of Government to get an opinion from the North Carolina Attorney General relative to the definition of "bona, fide farm" as it applies to poultry houses. Poultry houses considered bona fide farms would be exempt from any County zoning authority. Mr. Johnson said he has not received a response from the Attorney General. He also noted that prior to any final decision on commercial poultry house regulations, a public hearing would be required to amend the County Unified Development Ordinance (Zoning). The Board delayed action on this matter until Mr. Johnson has a written opinion from the Attorney General. Request for Additional Home Health Nurse George Elliott, Public Health Director, requested the Commissioners allocate an additional position for Public Health Nurse II to alleviate escalating and overwhelming demands on the Home Health Program. Factors creating this need include the following: Patients are arriving home from the hospital more acutely ill. These patients require more frequent home visits of longer duration. Continual changes in their condition results in more physician -contact time by current nurses. Often a nurse is requested to be at the patient's home at the time of discharge so the nurse can set up equipment, give instructions to family members or administer medication and/or treatment. Nurses are working overtime on a regular basis and it is no longer possible to cover the patient load, with accompanying paperwork and physician contact hours, in an 8 -hour day. Mr. Elliott stated that the additional position will pay for itself through fees collected. Commissioners Minutes January 4, 1988 Page 6 On motion of Davidson, seconded by Comer, the Board approved an additional Public Health Nurse II position for the Health Department and approved funds sufficient to hire a nurse at Grade 70, Step 4 ($13,541 with fringe benefits for the remainder of this fiscal year). A copy of the budget amendment is included by reference. Citizen Participation Program for Paving Roads The Board discussed General Statute 153A-205, which allows counties to make assessment for and finance paving of a subdivision or residential street if the county receives a petition signed by at least 757o of the owners of property to be assessed, who must represent at least 75% of all the lineal feet of frontage of the lands abutting on the street or portion thereof to be paved. Chairman Frye informed the Board that he had. had some requests from citizens that the County become involved in this program. D.O.T. will pay about half of,paving costs and property owners pay the other half. The County advances the money for the citizens' portion; then, when paving is complete and costs are known, citizens pay back the County over a period of 3 or 4 years. Pat Jennings, Route 4, Randleman (representing property owners on SR2282 and 2281) spoke in support of this program and said that she has verbal com. itment from 75-80% of the property owners on her street agreeing to pay their half for paving. Mrs. Hilton of the same street also spoke in favor of this program. Chairman Frye cautioned the citizen group that the wording of any petition must be in compliance with D.O.T. requirements. Also, the Board must adopt a policy on how to implement this program if they decide they want to become involved, and they must decide what percentage of signatures they will require beyond the minimum 75%. He instructed the manager and attorney to investigate this matter and to bring a proposed policy back to the Board next month. Seagrove-Ulah [dater District The Board discussed pursuing the Seagrove-Ulah Water District project. The next legal step will be a public hearing in the affected area. First, however, the County must determine several technical factors, such as who will operate and maintain the system, who will do billing, what size will the distribution system be, cost of distribution, and what will be the source of. water. Chairman Frye directed the manager and attorney to research this informa- tion and have it ready for the Commissioners' March meeting. Lewis Thomas, who lives outside the proposed Seagrove-Ulah Water District, asked about extending water to Dorlan Hosiery Mill on Highway 159. Mental Health Budget Amendment On motion of Davidson, seconded by Comer, the Board approved a Mental Health budget amendment. This amendment was necessary to correct an erroneous figure which was placed on last month's Mental Health budget amendment. A copy of the budget amendment is included by reference. C.cxi'm i ty Development Block Grant Program Amendment On motion of Langley, seconded by Comer, the Board voted to request the State to approve a program amendment to Randolph County's Community Development Block Grant (CDBG) 86-C-7203, which is used for an economic development project. The requested program amendment is required because Randolph County proposes to Commissioners Minutes January 4, 1988 Page 7 change the approved project budget. The current Project Source and Use Form shows that the total project budget is $378,000.00. The project is divided into three activities: railroad siding - $60,000.00, water and sewer improvements - $300,000.00, and administration - $18,000.00. The amended Project Source and Use Form dated January 4, 1988 increases the railroad siding activity by $47,871.00 and decreases the water and sewer improvements activity by $47,871.00. The amended project budget would then become: railroad siding - $107,871,00, water and sewer improvements - $252,129.00, and administration unchanged at $18,000.00. The total project budget is unchanged at $378,000.00. The Board instructed the Chairman to execute the proper documents required by the State (NRCD). Oxmmity Development Block Grant Budget Amendment The County Manager explained that prior NRCD approval must be obtained whenever the cumulative effect of budget changes involving approved activities in a community development block grant exceeds 10% of the total project amount, which would be $37,800 for this particular grant. The Randolph County CDBG project ordinance was amended on September 8, 1987 for $20,885, an amount less than the 10% requiring NRCD approval. After the September 8, 1987 budget amend- ment was approved by the Randolph County Commissioners, the County Manager was informed by Mr. Frank Cummins, P.E. of Hobbs, Upchurch & Associates, P.A. that he had discovered that a segment of the railroad siding -was not included in the Queen City, Incorporated contract. Mr. Cummins had just joined Hobbs, Upchurch & Associates and was not involved in the design of the project. Pair. Cummins discovered that Southern Railway Company had not given Queen City, Inc. permission to build past the clear point (the point at which the center of the railroad and the center of the siding are 15 feet apart). On motion of Langley, seconded by Comer, the Board voted to amend the Randolph County CDBG Project Ordinance by decreasing the appropriation to water/ sewer construction by $26,986 and by increasing the appropriation to railroad siding construction by $26,986, contingent on NRCD approval of the program amend- ment. A copy of the budget amendment is included by reference. Contract with Southern Railway Company for Railroad Siding to the Clear Point On motion of Langley, seconded by Comer, the Board approved the contract (Southern Railway Company Form 627) with Southern Railway Company to construct railroad siding to the clear point, at a cost of $26,986, contingent on NRCD approval of the program amendment. They authorized the Chairman to execute the Southern Railway Company Form 627 on behalf of the County. Resolution For Full Property Disclosure The Board discussed support of a resolution from the State Property Tax Study Commission supporting a law requiring full property disclosure through the requirement of revenue stamps reflecting full purchase price of real property. The Board decided to take no action on this resolution. Commissioners Minutes January 4, 1988 Page 8 Resolution Supporting Local Autonomy for County Governments On motion of Petty, seconded by Comer, the Board adopted a resolution supporting the concept of local autonomy for county governments. A copy of the resolution is included by reference. Additional Septic Tank At Ramseur Ambulance Base Commissioner Langley told the Board that Bill Brown, who donated to the County the land for the Ramseur Ambulance Base in exchange for the use of their septic tank, has had to install another septic tank at the western end of his property adjacent to the ambulance base. The original septic tank is uphill from the proposed building on the eastern end of the property and could not be used for buildings downhill from it. Mr. Brown has requested the County reimburse him for the second septic tank, which he paid $725 for. On motion of Langley, seconded by Petty, the Board voted to reimburse Bill Brown $700 for this additional septic tank. Naming of Happy Hollow Corm►unity Alice Dawson advised the Board that Carl Cheshire, spokesman for petitioners requesting that their community be named "Happy Hollow," has provided the County with boundary descriptions for the proposed community. The Board set a public hearing on the naming of Happy Hollow for 2:30 p.m., February 1, 1988. Health Departmnet Budget Amendment On motion of Comer, seconded by Petty, the Board approved a budget amendment for the Health Department for health care equipment for patients in the Home Health program. The Health Department purchases the equipment and is reimbursed at a rate of cost plus 50% by the patient's insurance company or Medicare. Due to an unexpected increase in the number of patients and equipment required,'we need to increase the budget by $7,000, which will be reimbursed. A copy of the budget amendment is included by reference. NACo Annual Conference Chairman Frye told the Board that they should let the Clerk know as soon as possible if they plan to attend the NACo Conference in order to get the best motel accommodations. D.O.T. Public Hearing Chairman Frye announced that D.O.T. will hold a public hearing at 7:30 p.m. on January 21 at Seagrove School to discuss the widening of Highway 220 from Ulah to Steed. Executive Session The Board went into executive session to discuss real estate acquisiiton. Adjournment The Board returned to regular session and adjourned. RANDOLPH COUNTY BOARD OF COMMISSIONL+RS 145 WORTH STREET - ASHEBORO. N. C. 27203 A RESOLUTION URGING MAXIMUM LOCAL AUTONOMY IN SETTING SALARIES AND FRINGE BENEFITS OF COUNZy EMPLOYEES WHEREAS, North Carolina has a national reputation for its strong and effective county government; and WHEREAS, that national recognition includes an acknowledgement of the large amount of home rule afforded counties by the North Carolina General Assembly; and WHEREAS, the National Advisory Committee on Intergovernmental Relations in a recent survey ranked North Carolina among the top states in the nation for the amount of home rule afforded counties and cities; and WHEREAS, recent actions of the General Assembly have restricted this local autonomy in that the General Assembly has enacted special mandated retirement systems for law enforcement officers and most recently register of deeds; and WHEREAS, at a recent meeting of the Social Services Study Commission, the Social Services Association in testimony before the committee recommended mandatory salaries for social workers; and WHEREAS, it is not in the best interest of an effective and strong county government system for continued deterioration of home rule relating to county employees salaries and fringe benefits be continued. NOW, FORE BE IT RESOLVED by the Randolph County Board of Commissioners that: I. The General Assembly of North Carolina is commended for the high degree of local authority which has been granted to county government in North Carolina. 2. It is desirable for this high degree of local authority to be continued. 3. Deterioration in this local authority such as was evidenced in the recent law enforcement and register of deeds retirement action is of great concern to county government. 4. The General Assembly is urged to refrain from additional restraints and restrictions so that the strong tradition of county government authority may continue to serve the citizens of. North Carolina. This is the 4th day of January, 1988. l Darrell L. Frye, ChaiAnan Randolph County Board of Commissioners