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050691RANDOLPH COUNTY BOARD OF COMMISSION May 6, 1991 The Randolph County Board of Commissioners met in regular session at 2:00 p.m. on May 6, 1991 in the Commissioners Meeting Room, County Office Building,707 McDowell Road, Asheboro. Commissioners Frye, Davidson, Langley, and Comer were present. Commissioner Petty was absent. Invocation was given by Rev. Robert Toler of First Presbyterian Church in Asheboro. Approval of Minutes On motion of Davidson, seconded by Langley, the Board approved the minutes of the April 2, 1991 meeting. Citizen Concern - Tax Matter Adam Lambe, who lives on the Alamance -Randolph County line, stated that this past year he had been billed for property taxes in Randolph County. He said that his deed shows that all of his property is in Alamance and that he has always paid his taxes there. Mr. Lambe said that his name had appeared in a Randolph County newspaper for delinquent taxes and that he wants the Randolph County Tax Assessor to run an apology to him in the paper. Chairman Frye explained that the problem arose from our mapping process which drew a straight line instead of following the deed lines. He apologized for Mr. Lambe's inconvenience and said that he would check with the County Manager and the County Attorney to determine if the County should take any further action. Offer to Purchase County Property Patty Sykes, Purchasing Agent, informed the Board that the County has received an offer of $10,000 from Dallas Wolfe and Keith Carmac to purchase a 36 -acre tract of land owned by the County in Columbia Township. The property, which the County has owned since 1970, is currently being leased to the Riverside Gun Club for $120 per year. The current lease expires October 31, 1994. Ms. Sykes said that she had also received a request from Riverside Gun Club to extend their lease until July 1, 1996, to waive the six-month cancellation clause in the lease, and to increase the lease payment to $500 per year. They have stated their intention to pursue purchasing the land before the expiration of the new lease. The property has been appraised by the Tax Department at $34,000. Jack Dailey, President of the Riverside Gun Club, presented to the Board a fact sheet on the club. He said the club desires to make substantial improvements to the property but would like a longer lease with option to purchase before making these investments. He said that several groups have access to the facility, including the Sheriff's Department and Eastern High School shooting club. Dallas Wolfe stated that he owns property on the west side of the County's property and that he listens to gun shots every day of the week. He said that twice when he had been fishing bullets had ricocheted over his head. Jack Dailey suggested that Mr. Wolfe contact him or another officer concerning any problems experienced with the club. Chairman Frye stated that no decision would be made on this matter today, but May 6, 1991 Minutes Page 2 that it will be placed on the June agenda. Request for Water Line Funding from Town of Stale Doug Harrelson, Town Commissioner for Staley, advised the Board that the Town of Staley is applying for a community development block grant to erect a 250,000 gallon water tank, build a well to supply the tank, and lay distribution lines from the tank to Lazar Industries. Project cost is $560,000. With Lazar's matching portion and $30,000 committed from the Town of Staley, a balance of $105,000 is needed. Staley is requesting this $105,000 from the County. Mr. Harrelson said that Lazar, who currently employees about 40 people, plans to double their size and number of employees if their water needs are met. If their water needs are not met, they plan to move their operations elsewhere. Sam Korb, grant consultant from PTCOG, stated that one-third of the water in the tank would be available to Staley for other uses. He also said that terms of the grant require that one job be created for every $15,000 of grant funds used. Chairman Frye instructed that this item be placed on the June 3 agenda. Request for Water Line from Ramseur to Liberty to be Diverted to Stale Doug Harrelson presented a petition from Staley area residents asking the County to review the recent proposals of Liberty and Ramseur regarding a water line between the two towns in which County assistance had been requested, requesting that the route be changed to include the Town of Staley. Chairman Frye noted that Liberty and Ramseur have abandoned plans for a water line at this time. Petition to Abolish Franklinville Fire Tax District Neil Allen, Emergency Services Director, informed the Board that on April 26, 1991, he had received from Arnold Pugh, resident of Franklinville, a petition calling for a referendum to abolish the Franklinville Fire Tax District. This petition was prepared by Data Processing and given to Mr. Pugh on July 11, 1990. County Attorney Ed Gavin advised that the petition signatures need to be verified as of owners of property on January 1, 1991. He stated that until the Board of Commissioners takes action, any signer of the petition could remove his or her name and that it seemed logical to assume any resident could also add his or her name. The Board instructed the Tax Assessor to verify owners as of January 1, 1991. This item may be on the June 3 agenda. Fire District Expansions from Four to Five Miles Neil Allen told the Board that all legal requirements had been met for expanding fire districts from four to five miles and that the Board could now vote on the issue. On motion of Davidson, seconded by Langley, the Board adopted a resolution expanding the Climax Fire Tax District. The resolution is included by reference. On motion of Langley, seconded by Comer, the Board adopted a resolution expanding the Coleridge Fire Tax District. The resolution is included by May 6, 1991 Minutes Page 4 potentially dangerous and must be confined. Policy on Use of Revenues for Undercover Operations Frank Willis, County Manager, illustrated the current accounting procedure for Sheriff's undercover operations and explained how the Finance Office would like to have it set up. On motion of Davidson, seconded by Langley, the Board adopted the following policy concerning the use of certain revenues for law enforcement activities: Effective immediately, it shall be the policy of Randolph County that the following three sources of revenue be designated as re- stricted: Drug Enforcement Administration Forfeitures, Controlled Substance Tax Funds, and Local Courts Undercover.Restitution. These restricted revenues shall be spent only for law enforcement purposes and shall be used to enhance law enforcement, not to replace local dollars. Theserevenuesshall be spent in the following order: (1) Drug Enforcement Administration, (2) Controlled Substance Tax Funds, and (3) Local Courts Undercover Restitution. Budget Amendment - Mental Health Rick Moll, Mental Health Finance Officer, requested that the Mental Health budget be raised by $147,613, the amount of state revenues being received for the operation of two five -bed homes in Randolph County for elderly mentally retarded and mentally ill patients. Louise Galloway, Mental Health Director, said these homes will serve the South Central Region of North Carolina and are intended for elderly patients who have spent many years institutionalized. On motion of Langley, seconded by Comer, the Board approved Budget Amendment 1137, which reflects the addition of $147,613 in state funds to the the Mental Health budget. This budget amendment is included by reference. Review of Bavlor Plan for Mental Health Frank Willis reminded the Board that in April, 1990, they had approved the Baylor Plan for Mental Health for a year trial basis. He told them that the Mental Health Board and Hal Scott, Personnel Director, had reviewed the plan and recommend continuation of it. .On motion of Davidson, seconded by Langley, the Board voted to continue the Baylor Plan indefinitely as part of the "Other Pay" portion of the County Pay Plan. Repeal of Cable Franchise Ordinance for Dou¢las Communications Alice Dawson, Clerk to the Board, advised that Douglas Communications had failed to provide to the County the bond and proof of insurance specified in the ordinance granting them a cable television franchise. She stated that the action needed from the Board was to repeal the ordinance granting the franchise. On motion of Langley, seconded by Comer, the Board repealed AN ORDINANCE GRANTING A FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN A COMMUNITY ANTENNA TELEVISION SYSTEM IN RANDOLPH COUNTY, NORTH CAROLINA TO DOUGLAS COMMUNICATIONS SOUTHEAST LIMITED PARTNERSHIP, which was adopted February 4, 1991. May 6, 1991 Minutes Page 3 reference. On motion of Davidson, seconded by Langley, the Board adopted a resolution expanding the Eastside Fire Tax District. The resolution is included by reference. The Board made no motion on the Franklinville Fire District, pending the outcome of the petition to abolish the Franklinville Fire Tax District. On motion of Comer, seconded by Davidson, the Board adopted a resolution expanding the Julian Fire Tax District. The resolution is included by reference. On motion of Langley, seconded by Comer, the Board adopted a resolution expanding the Randleman Fire Tax District. The resolution is included by reference. On motion of Langley, seconded by Comer, the Board adopted a resolution expanding the Staley Fire Tax District. The resolution is included by reference. On motion of Comer, seconded by Davidson, the Board adopted a resolution expanding the Farmer Fire Tax District. The resolution is included by reference. On motion of Frye, seconded by Comer, the Board adopted a resolution expanding the Guil-Rand Fire Tax District. The resolution is included by reference. On motion of Comer, seconded by Langley, the Board adopted a resolution expanding the Seagrove Fire Tax District. The resolution is included by reference. On motion of Davidson, seconded by Langley, the Board adopted a resolution expanding the Southwest Fire Tax District. The resolution is included by reference. On motion of Comer, seconded by Langley, the Board adopted a resolution expanding the Tabernacle Fire Tax District. The resolution is included by reference. On motion of Langley, seconded by Davidson, the Board adopted a resolution expanding the Ulah Fire Tax District. The resolution is included by reference. On motion of Comer, seconded by Davidson, the Board adopted a resolution expanding the Westside Fire Tax District. The resolution is included by reference. Animal Control Ordinance Update Frank Willis stated that the animal control ordinance is not ready in its final form, but that the latest draft has been made available to everyone. The final draft will be ready for the June 3 meeting. Report on Dangerous Dog Litigation Ed Gavin, County Attorney, reported that in the case of Randolph County vs. Daniel Oliver Grant, the judge had ruled in favor of the determination by the Sheriff and the Appeals Board that thirteen dogs belonging to. Mr. Grant were May 6, 1991 Minutes Page 5 Report on Friendship Cable of North Carolina Alice Dawson informed the Board that repeated efforts to contact Friendship Cable of North Carolina had failed and that eighteen months after receiving their franchise they have not begun any construction. The Board instructed Ms. Dawson to send the company a certified letter and instructed the County Attorney to investigate the matter of terminating their franchise. Rezoning Public Hearing At 4:00 p.m, the Board adjourned to a duly advertised public hearing to consider rezoning requests. Hal Johnson presented the following requests: 1. David Stanley, Liberty, is requesting that 3 acres on the northeast corner of Hwy 49/SR 2470, Columbia Township, be rezoned from RA to HC/CU to operate an automotive repair business and used car sales business. The Planning Board unanimously recommended approval with the following conditions: 1) Area to be used for vehicle storage should be fenced to provide screening from Highway 49; and 2) Not more than 25 cars shall be located on the property at one time prior to removal. 2. Jack Lail, Seagrove, is requesting that 10 acres at the intersection of Hwy 220/SR 2910, Richland Township, be rezoned from RR/RA to LI for industrial development. The Planning Board unanimously recommended approval, but suggested that as many trees as possible to the rear of the property be retained. Citizen Comment - Request 111 David Stanley spoke in support of his request. Citizen Comment - Request 112 Jack Lail stated that he plans to leave at least 150' of woods in the back. Board Action on•Requests On motion of Davidson, seconded by Langley, the Board approved the request of David Stanley, with the restrictions recommended by the Planning Board, as listed above. On motion of Comer, seconded by Davidson, approved the request of Jack Lail, with the restrictions recommended by the Planning Board, as listed above. Rescind Resolution for Land Records Management Program Chairman Frye explained that a resolution adopted by the Board last month was a result of the possibility of the Land Records Management Program, under the Department of Health, Environment and Natural Resources,being disbanded. Since that department has agreed to keep the program, the resolution requesting that the program be transferred to the Secretary of State no longer reflects the wishes of the Board. On motion of Langley, seconded by Davidson, the Board voted to rescind their resolution of April 2, 1991, pertaining to the Land Records Management Program. Resolution Opposing Use of Highway Trust Fund for General Fund Purposes On motion of Langley, seconded by Comer, the Board adopted a resolution opposing the use of the North Carolina's Highway Trust Fund for the State's May 6, 1991 Minutes Page 6 General Fund. Resolution - D.O.T. Request for Abandonment On motion of Davidson, seconded by Langley, the Board adopted a resolution tc abandon the dead end portion of SR 1135. The resolution is included by reference. NACo and NCACC Voting Delegate On motion of Langley, seconded by Comer, the Board appointed Kenyon Davidson to be Randolph County's voting delegate and the NACo and the NCACC annual conferences. Set Meeting Date The Board agreed to meet July 8 for their regular July meeting to avoid the July 4 holiday week. Appointments - Mental Health On motion of Langley, seconded by Comer, the Board reappointed Ted Anderson, Richard Cox, E. Leo Derrick, Jr., and Dr. Ann Suggs to 4 -year terms on the Mental Health Board. Appointments - Climax Fire Protection District Commission On motion of Davidson, seconded by Langley, the Board approved the reappointment of Frank Fields, James Bowman, and George Gregson to 2 -year terms on the Climax Fire Protection District Commission. Appointments - Julian Fire Protection District Commission On motion of Langley, seconded by Comer, the Board approved the reappointment of Glenn Gilmore, Jr., William Collier, and Pearl Shepard to the Julian Fire Protection District Commission. Executive Session - Litigation On motion of Davidson, seconded by Langley, the Board voted to go into " executive session to discuss possible litigation initiated by the County. Adjournment The Board reconvened in public session and took no action resulting from executive session. On motion of Davidson, seconded by Langley, the Board adjourned.