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100190RANDOLPH COUNTY BOARD OF COMMISSIONERS MINUTES October 1, 1990 The Randolph County Board of Commissioners met in regular session at 2:00 p.m. October 1, 1990, in the Randolph County Office Building, 707 McDowell Road, Asheboro, NC. Commissioners Frye, Langley, Davidson and Petty were present. Commissioner Clinton Comer died on September 20, 1990, and the Executive Committee of the Republican Party has not named a replacement to fill this vacancy. Chairman Frye recognized Martha Comer, wife of deceased Commissioner Clinton Comer, and his daughters Elizabeth and Joan, who were present in the audience. Chairman Frye stated that Mr. Comer had written letters to the citizens of Randolph County and to the County Commissioners, and that he had requested that these letters be publicly read at the Commissioners meeting following his death. Chairman Frye read these letters at length and then read a resolution from the Board of Commissioners commemorating the life of Mr. Comer. On behalf of the Board, Chairman Frye expressed his condolences to the family. Copies of the resolution and the letters are included by reference. Invocation was given by Rev. Tim Shoaf, Associate Pastor of First Methodist Church in Asheboro, which was followed by the Pledge of Allegiance. On motion of Petty, seconded by Langley, the minutes of the September 4, 1990 meeting were approved. Resolution Supporting NC Community College System On motion of Davidson, seconded by Langley, the Board approved a resolution supporting additional funding for the NC Community College System. A copy is included by reference. Budget Amendment — CBA Jane Leonard gave a brief report on CBA programs for the year. On motion of Langley, seconded by Petty, the Board approved Budget Amendment #6, which reflects and additional $120,279 of state funds to be added to the budget. A copy is included by reference. Holiday Schedule On motion of Petty, seconded by Davidson, the Board approved a copy of the 1991 holiday schedule, which is as follows: New Year's Day Martin Luther King, Good Friday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Christmas D.O.T. Abandonment January 1, 1991 Jr. Day January 21, 1991 March 29, 1991 May 27, 1991 July 4, 1991 September 2, 1991 November 11, 1991 November 28 and 29, 1991 December 24 and 25, 1991 Commissioners Minutes October 1, 1990 Page 2 On motion of Langley, seconded by Davidson, the Board approved the abandonment of a portion of SR 2267. A copy of the resolution is included by reference. Trindale Ballfield County Attorney Ed Gavin reported that the County cannot take any action on selling the Trindale ballfield property to the Archdale Little League until he receives and reviews their articles of incorporation, bylaws, and minutes of election of officers. Appointment - Randleman Planning & Zoning Board On motion of Davidson, seconded by Petty, the Board approved the appointment of Donnie Presnell to replace John Wood, who has resigned, to the Randleman Planning & Zoning Board, with term expiring October, 1991. Appointment - Archdlae Planning & Zoning Board On motion of Langley, seconded by Petty, the Board approved the appointment of Jim Ewing to replace Jack Burton, who has resigned, to fill a term on the Archdale Planning & Zoning Board, expiring March, 1993. Executive Session On motion of Davidson, seconded by Petty, the Board voted at 2:35 p.m. to go into executive session for the purpose of discussing matters relating to the location or expansion of industries or other businesses in Randolph County. At 3:05 p.m. the Board returned to regular session without taking any action relative to the executive session. State Septage Site Program Hal Johnson, Planning & Zoning Director, briefed the Board on the new NC Department of Environment, Health and Natural Resources Septage Site Permitting Program and explained that the Randolph County Board of Health in June, 1990 repealed their local ordinance regulating the disposal of septage. Mr. Johnson said that four sites in Randolph have already been permitted by the state since their program started in August. Solid Waste Committee Report Mary Joan Pugh, chairman of the Randolph County Solid Waste Management Advisory Committee, presented a draft report from the committee concerning mandates addressed in Senate Bill 111. The committee made the following recommendations: ° Develop a recycling collection center at the landfil by February, 1991, so everything can be consolidated. ° Develop different uses at the landfill (i.e., wood chipping, demolition, composting, recycling). ° Have drop-off sites throughout the county for recyclables. Begin with dumpster sites, then add 3-6 more by April, 1991, then go countywide by July, 1991. ° Educate the general public, industries and businesses, and the schools on recycling. Hire a recycling coordinator/educator by January, 1991. ° Develop a solid waste management ordinance. Mrs. Pugh noted that the advisory committee will not disband now that they have made their report to the Board of Commissioners. They will continue to work Commissioners Minutes October 1, 1990 Page 3 on different aspects of solid waste, such as the proposed ordinance. George McArthur, Public Works Director, presented a list of tentative recycling drop-off sites around the county. He then explained cost estimates required to carry out the recommendations of the committee. Mr. McArthur discussed some issues to be addressed by the proposed ordinance, such as whether to (1)franchise areas for haulers, (2) ban grass clippings from the landfill, and (3) include a tipping fee schedule in the ordinance. He advised the Board that he needed their approval to write a letter to Southeastern Environmental Technology near Kernersville stating that Randolph County supports the idea of a regional recycling center. He also recommended that the NC Department of Transportation be allowed to deposit Adopt -A -Highway collection bags in the landfill at no cost. Mr. McArthur stated that a budget amendment would be needed to increase revenues for tipping fees. His estimates at budget time were too low. This item was tabled until after the rezoning public hearing. 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. Robert Stroud's request has been delayed, at his request, until the November 5 meeting. 2. James Craven, Greensboro, is requesting that 4.10 acres on SR 1952, Randleman Township, be rezoned from RR/RA to RA/CU in order to locate a single -wide mobile home on the front portion of the property. The Planning Board recommended unanimously that this request be denied. 3. Triple H. Associates, Lexington, is requesting that 55 acres out of a 375 -acre tract off SR 1108, New Hope/Union Township, be rezoned from RA to HI/CU in order to allow the owner to apply to the State for a mining permit which would enable on-site milling and removal of mineral ore deposits. The Planning Board voted 6-1 that this request be denied because of neighborhood concerns. 4. M. G. Foster, High Point, is requesting that .6 acres on SR 1627, Trinity Township, be rezoned from RA to HC for commercial development. The Planning Board unanimously recommended approval. 5. Steve Vestal, Thomasville, is requesting that .65 acres at SR 1627/SR 1631, Trinity Township, be rezoned from RA to LI for industrial purposes. The Planning Board recommended unanimously that this request be denied because of opposition from a nearby church. 6. Thomas Merritt, Pleasant Garden, is requesting that 2 acres on SR 2103, Providence Township, be rezoned from RA to HC/CU to construct facilities to operate a real estate office and a fence company with a storage yard. The Planning Board unanimously recommended approval. 7. Boyd Hayes and Wayne Brady, Asheboro, are requesting that 4.3 acres on SR 2713, next to Brady Dodge, Franklinville Township, be rezoned from RA to HC for commercial development. The Planning Board unanimously recommended approval. Commissioners Minutes October 1, 1990 Page 4 8. Harold Brower, Staley, is requesting that 3 acres of a 20.3 -acre tract on Hwy 49, Columbia Township, be rezoned from RA to HC/CU to construct a 36' x 60' building to operate an automotive supply sales business. The Planning Board unanimously recommended approval. 9. Donald Lanier, Asheboro, is requesting that 62 acres on SR 1163, Cedar Grove Township, be rezoned from RA to RR to develop a site -built residential subdivision. This request was delayed from the September 4, 1990 Commissioners meeting. Comments - Request #2 Francis Brown, adjoining property owner, presented a petition with 34 signatures opposing the request. Comments - Request #3 Jerry Brown, neighbor, stated that he has no objection to the request. Steven Pease, Little & Little Landscaping, representing the applicant, explained where the mining and milling sites would be and what the process would be for the operation. He stated that neighbors Jerry Brown, Frank and Jewell Hill, and Charles Hardister supported this request. George Bain, hydrogeologist retained by the owner, stated that a 200-300 foot radius around a well in crystalline rock is the rechargable area for that well. He said that since the closest well to the mining sites is 2000 feet away, none of the neighbors' wells would be affected by the mining operation. David Bennett, adjoining property owner, asked what recourse neighbors would have if their wells were to become contaminated from the mining operation. Chairman Frye stated that the permit would require restoration. Ben Gunter, associate of Bill Hedrick (applicant), addressed the noise issue for the mining operation. He said there is a similar operation in Davidson County, which is barely audible from the highway. Bill Hedrick, applicant, stated that he had signed statements from two adjoining property owners in favor of the request and giving access across their property. David Bennett presented a petition with 63 signatures opposing this request. He voiced concerns for Poison Fork Creek, which he described as a protected resource and one of the cleanest streams in the area. He stated that Planning Board member Aweilda Little should not have voted on this request because she and her husband had sold some property to Bill Hedrick, which was a conflict of interest. He expressed concerns that the state would not enforce regulations on this mining operation, if it is permitted. Barbara Bulla, area resident, voiced concerns for underground water contamination from blasting and land shifts. Twenty-two people stood in support of the opposition to this request, four of which were adjoining property owners. Commissioners Minutes October 1, 1990 Page 5 Tom Pugh, Level Cross resident, spoke in opposition to this request, stating that there are too many unknowns for water travel and the state will not enforce the regulations. Comments - Request #4 No one spoke. Comments - Request #5 Steve Vestal, applicant, presented a petition with 75 signatures of area residents in support of this request. Alvin Clark, neighbor, said he feared his taxes would go up if the property is rezoned. He expressed concern over lights at night and said that the applicant's petition had some names of people who live across I-85. Bernice Miller, neighbor, spoke in opposition. Tony Hunt, neighbor, said that traffic and curves in the road are already a problem. Merrill Foster, neighbor, had concerns for traffic. Johnny Miller, neighbor, said different residents had tried to buy this property to keep it residential, but that the owner would not sell to any of them. Comments - Reauest #6 No one spoke. Comments - Request #7 No one spoke. Comments - Request #8 No one spoke. Comments - Request 39 Donald Lanier, applicant, stated that topography separates the usable land on each side, forming a natural buffer. He said that the City of Asheboro had approached him about buying part of his property for a buffer for the airport. Action on Rezoning Requests On motion of Petty, seconded by Langley, the Board denied the request of James Craven. On motion of Langley, seconded by Davidson, the Board tabled the request of Triple H Associates until the November 5 meeting. On motion of Petty, seconded by Langley, the Board approved the request of M. G. Foster. On motion of Davidson, seconded by Langley, the Board approved the request of Steve Vestal. On motion of Langley, seconded by Petty, the Board approved the request of Commissioners Minutes October 1, 1990 Page 6 Thomas Merritt. On motion of Davidson, seconded by Langley, the Board approved the request of Boyd Hayes and Wayne Brady. On motion of Petty, seconded by Langley, the Board approved the request of Harold Brower. On motion of Davidson, seconded by Langley, the Board approved the request of Donald Lanier. The Board recessed until 7:00 p.m. Solid Waste Report, Continued On motion of Davidson, seconded by Langley, the Board approved Budget Amendment 117, which adds $78,662 to projected revenues for landfill tipping fees. A copy is included by reference. On motion of Langley, seconded by Davidson, the Board gave its approval for Mr. McArthur to write a letter to Southeastern Environmental Technology supporting their regional recycling center. Chairman Frye noted that this action does not commit the County to this market. Septage Site Education Meeting Hal Johnson advised the Board that he had received many calls and inquiries from citizens concerning the state's new septage site program. He asked Steve Clayton, Environmental Supervisor with the Septage Management Branch of the NC Department of Health, Environment and Natural Resources, to come tonight to explain the new program. Mr. Clayton introduced Carl Shafer, his associate, and gave an overview of the program. Previously septage disposal was overseen by counties. The Randolph County Board of Health passed an ordinance which required haulers to dispose of septage in municipal waste treatment plants. In 1982 a solid waste study on septage recommended that a state program be established to oversee this area. In 1988 the Septage Management Branch was established, to be funded by receipts from permit fees. (Each operator pays a $300 fee annually.) Mr. Clayton said that he and Mr. Shafer are the only two employees the state has hired. They work with 350 firms and 250 land application sites that are already permitted, and they inspect and permit all new sites. Mr. Clayton showed slides of permitted sites around the state and discussed lime stabilization, which is used to kill odors and pathogens. Ben Albright, concerned citizen, brought up the issue of health risks to the public. He asked for a moratorium on new permits to further study the alternatives. Chairman Frye asked the County Attorney to draft a letter for Mr. Clayton to take to the Attorney General for an opinion on whether or not Randolph County can stop dumping on the four sites already permitted here. Benny Kivett, a septage hauler who has already been permitted by the state, spoke in support of the new land application practice. He said that in outlying Commissioners Minutes October 1, 1990 Page 7 areas they need several sites because it is too expensive to drive back into Asheboro to the treatment plant. On motion of Davidson, seconded by Langley, the Board directed Jim Martin, Randolph County Environmental Health Supervisor, and Hal Johnson, Planning and Zoning Director, to bring back to the November meeting a policy for handling land application, directed the Health Department to require lime application on the permitted sites, and directed that no new permits be issued for the next 40 days. Adjournment On motion of Davidson, seconded by Langley, the Board adjourned.