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080188RANDOLPH COUNTY BOARD OF COMMISSIONERS MINUTES August 1, 1988 The Randolph County Board of Commissioners met in regular session at 2:00 p.m. August 1, 1988 in Courtroom B, Courthouse, Asheboro, NC. Commissioners Frye, Langley, Davidson, Petty and Comer were present. Invocation was given by Rev. Austin Frye, Mountain View Methodist Church and was followed by the Pledge of Allegiance by all. Approval of Minutes On motion of Langley, seconded by Davidson, the Board approved the minutes of the July 11 meeting. ATC Presentation Jack Stanley of ATC presented the annual cable television franchise fee check to the Board. The check, for the year. ending June 30, 1988, totaled $34,998.38. Mr. Stanley noted that the $10,000 increase from the year before is because of 50+ miles of expansion in the northern part of the county. Ash -Rand Rescue Squad Neil Allen, Director of Emergency Services, told the Board that he had been contacted recently by Ash -Rand Rescue Squad and by the NC Department of Insurance concerning Ash-Rand's eligibility for state death benefits. In order for rescue squads to qualify for such death benefits, they must have a map or boundary description of the area they operate in, a charter, and a contract with or formal recognition from the governing body of their jurisdiction. Ash -Rand is not covered at this time because they have no contract with the County. County Attorney Ed Gavin explained that he had made some changes in the sample contract received from the state, one of which was to change it to reso- lution form. Larry Pugh of Ash -Rand asked why certain deletions had been made and Mr. Gavin explained that a principal/agent relationship is not involved and a third party claimant couldn't file a claim against the County. Mr. Gavin added that he had read the content of the resolution to Phil Riley of the NC Department of Insurance and that Mr. Riley had approved it as sufficient for making Ash -Rand eligible for death benefits. Neil Allen suggested that the following be added to the list of services Ash -Rand is to provide: "Ambulance service at the level approved by the NC Office of Emergency Medical Services." Mr. Allen agreed to send a letter for Ash-Rand's use stating that the County is currently providing dispatch services for Ash -Rand and will continue to do so. On motion of Davidson, seconded by Comer, the Board approved a resolution permitting Ash -Rand Rescue Squad to operate in Randolph County, including the additional statement referred to above. A copy of the resolution is included by reference. Community Development Block Grant Frank Willis gave an update on the County's Community Development Block Grant for the Liberty Industrial Park. The water and sewer projects are completed and in use; work has been completed on the rail spur, but we need certain infor- mation from Norfolk Southern Railway in order to close out the grant, including the final invoice and payroll information relative to the Davis -Bacon Act. Also needed are current employment figures from UltraCraft to determine how many employees meet the low -to -moderate income requirements. Commissioners Minutes August 1, 1988 Page 2 Jail Capital Project - Special Meeting Mr. Willis suggested that the Board set 3:00 p.m. on August 22 as a special meeting time to hear a presentation from Construction Control Corporation, a firm who specializes in construction project management. At that time, the Board may want to award a contract to CCC to oversee the new jail and law enforcement center project. The Board agreed to this meeting time and date. September Meeting Date Since the first Monday in September falls on Labor Day, the Board agreed to hold their regular meeting on Tuesday, September 6. D.O.T. Additions On motion of Petty, seconded by Comer, the Board approved three resolutions for D.O.T. additions. Copies of resolutions are included by reference. Hazardous Waste Treatment Coinission On motion of Davidson, seconded by Langley, the Board voted to inform the NC Hazardous Waste Treatment Commission that Randolph County is not interested in hosting a hazardous waste treatment facility. Amendments to Zoning and Subdivision Ordinance Regulations - Public Hearing Hal Johnson, Zoning Administrator, introduced proposed amendments to the Zoning and Subdivision Ordinance Regulations, in their legally prepared wording. The Board agreed to hold a public hearing on these proposed amendments at 7;00 p.m. on August 22, 1988. Budget Amendments On motion of Langley, seconded by Petty, the Board approved a budget amend- ment of $470,804 in order to reappropriate funds for purchase orders outstanding on June 30, 1988; and approved a budget amendment increasing the Social Services budget by $2,689 to reflect CP&L funds given to the State on a calendar year basis which must be carried over into this fiscal year. B.A. included by reference. Executive Session On motion of Petty, seconded by Comer, the Board voted to go into executive session to discuss a land purchase contract. The Board reconvened regular session at 3:40 p.m., taking no action on the executive session. Recess The meeting recessed until 4:00 p.m. Rezoning Public Hearing At 4:00 p.m. the Board held a duly advertised public hearing on rezoning requests. Chairman Frye announced that CBS "Sixty Minutes" crew was present to film this portion of the meeting as part of a profile "Sixty Minutes" is doing on Commissioner Richard Petty. Hal Johnson presented the following rezoning requests: 1. Howard Neal Testerman of Asheboro is requesting that approximately 2 acres of land located north of Hunt's Auto Parts on SR 1413, Back Creek Township, be rezoned from Residential Agricultural to Light Industrial (Zoning Map 7722). Commissioners Minutes August 1, 1988 Page 3 It is the desire of the applicant to use the property for industrial develop- ment. The Planning Board recommended unanimously that the request be denied as being inconsistent with the Land Development Plan. 2. James Vuncannon of Asheboro is requesting that approximately 1 acre of land located on Highway 64, 300 yeards east of Amity Hills Baptist Church, Back Creek Township, be rezoned from Residential Agricultural to Highway Commer- cial/Conditional Use (Zoning Map 7731). It is the desire of the applicant to construct a building (60' x 80') to operate a vending machine repair shop/ warehouse (Glenn Richardson - property owner). The Planning Board recommended unanimously that this request be approved as consistent with the Land Develop- ment Plan. Comments - Request #1 Cindy Testerman said her husband, Howard Neal Testerman, was on his way to the meeting. She said 95% of his business (sandblasting and commercial painting) would be conducted away from his business location. The proposed site is part of property owned for three years and her husband employs one other person. Bill Hefner, Route 2, Box 207, Asheboro, closest neighbor to the applicant, spoke againt this request. He said he would be affected by the sandblasting Mr. Testerman conducted on-site and that he would see it every day when he drove by it to his house. He was concerned that a rezoning to light industrial would allow the applicant to have any number of different businesses at that location. He urged the Board to place restrictions such as buffers and hours of operation if they approved the request. He also asked why the business couldn't be re- located on the 22 -acre site, further away from his house. He said Mr. Testerman had indicated he would put up a chicken house next to him if the request was denied and that he considered that a threat. He also said that he considered this to be spot zoning. Lucille Simmey, neighbor, stated that her husband has emphysema and that the dust from the sandblasting would affect his breathing. Cecil Hall, neighbor, also spoke in opposition to the request. Howard Neal Testerman said he plans to build a house on the 22 -acre site but that he doesn't want to put it where he plans to put his business because he would be looking at a junkyard 800 feet away. He said he would leave a border of trees. Comments - Request #2 James Vuncannon, applicant, said he had talked to the neighbors and none were opposed to his request. He plans to build a 60' x 80' building and employs 2 other people. No one spoke against this request. Chairman Frye declared the public hearing to be closed. Commissioners Minutes August 1, 1988 Page 4 Action on Rezoning Requests On motion of Petty, seconded by Comer, the Board approved the rezoning request of Howard Neal Testerman with the following conditions: • that it be a conditional use permit only for sandlasti.ng/co mercial painting; • that a 20 -foot buffer zone of trees and natural growth remain on the two sides and back (the east, west, and north sides) of the rezoned property; • that the hours of operation for outside work be limited to 7:00 a.m, until 7:00 p.m., except that during daylight savings time the hours of operation for outside work will be from 7:00 a.m. until 8:30 p.m. On motion of Langley, seconded by Davidson, the Board approved the rezoning request of James Vuncannon. Adjournment On motion of Davidson, seconded by Petty, the Board adjourned. Neighborhood Visit Chairman Frye reminded the Board that at this time they were going to visit Ridge Road, in response to a request of the residents of that street, to view alleged problems with Oliver Rubber Company.