100608October 6, 2008
The Randolph County Board of Commissioners met in regular session at 4:00 p.m. in the
Commissioners Meeting Room, County Office Building, 725 McDowell Road, Asheboro, NC.
Commissioners Holmes, Frye, Kemp, Lanier and Haywood were present. Rev. Howard Moffitt,
Woodfern Baptist Church, Seagrove, gave the invocation and the Pledge of Allegiance was led by
Randolph County 4-H Youth. The Randolph County 4-H Youth also recited their pledge to the 4-H
flag.
Public Comment Period
Pursuant to N.C.G.S. § 153A-52.1, Chairman Holmes opened the floor for public comment.
Mark Bouldin, 225 Bobby Moran Drive, Seagrove, spoke, complaining about the noise from a
motorcycle training facility that the Board granted approval of through a zoning request in March,
2008. He said that he has lived at his current address for 25 years, works 12 -hour shifts, and is unable
to sleep due to the unbearable noise. Mr. Bouldin had the following comments and questions for the
Board:
• Does he not have the right to peaceful sleep in his own home?
• Why should he have to sacrifice his property for one individual's profit venture?
• How can he work shift work when the noise goes on until 10:00 p.m.?
• He feels that he was lied to by the Board when they said that the motorcycle facility would be
no more of a nuisance than the nearby asphalt plant.
• Was there a community impact study done?
• If so, what kind and by whom?
• Was there a notice given regarding the rezoning request? If so, where and by whom?
• Why was the property allowed to be rezoned for a racetrack this time and refused in the past?
Hal Johnson, County Planning Director, said that adjoining property owners were sent notices, and
public hearing signs were posted along the roadside in the affected area.
Robert Moran, Asheboro, also spoke about the unbearable noise at the racetrack. He said he is a
real estate agent for the agency that sold Mr. Maness the property. He said the selling agent told him
that the rezoning (back in March) would be two zonings: one for Mr. Maness's residence and one for a
training center; however, it is actually a motocross track. Mr. Moran said that he is getting calls from
his renters near the track regarding the noise and does not want to lose tenants and income. He stated
that he checked, and there have been no permits issued for a septic system yet. He told the
Commissioners that Mr. Maness needs to follow through with what is required of him.
Mr. Johnson stated that the code enforcement staff has visited the site numerous times and found
no code violations.
Mary Brewer, 245 Bobby Moran Dr. and adjoining property owner, said that she has been a resident
here for 30 years. The noise is present every day with Saturday and Sunday being the worst, and it is
driving her crazy. She stated that it sounds like hundreds of weed eaters or chainsaws all continuously
going at one time. She invited the Commissioners to come to her house any time and sit on the porch
or even come in the house and hear it for themselves. She stated that she does not think they would
like to live with those conditions in their neighborhood. She cannot enjoy being outside anymore or
get away from the noise inside of her house.
Sue Snipes, 354 Scott Farm Rd., said that she agreed with Ms. Brewer and thought Ms. Brewer
described it well. Ms. Snipes asked the Commissioners to remember who voted them into office and
the oaths they made to serve the people. Ms. Snipes said that the racetrack violates the County's noise
ordinance. She urged the Commissioners to do something to help them and invited the Commissioners
to come and listen for themselves.
Board members instructed County Attorney Darren Allen to look into the matter to see what could
be done to help these citizens and to make a report at the October 27 Retreat.
There being no further comments, the public comment period was closed.
Approval of Consent Agenda
On motion of Haywood, seconded by Frye, the Board voted unanimously to approve the Consent
Agenda, as follows:
• approve minutes of regular meeting of September 2, 2008;
• approve Firemen's Relief Fund appointments: Coleridge- Benny Beck, C.E. Teague; East
Side- Jim Pell; David Creason; Farmer- Roger King, Steven Hughes; Franklinville- Kyle
Dixon, Johnny Hicks; Guil Rand- Dustin Smith, Mike Bradshaw; Level Cross- David Davis, H.
Kenneth Adams; Northeast- Larry Williams, William Flowe, Jr.; Randleman- Melissa Blalock,
Charles Byerly; Seagrove- Darrell L. Voncannon, Bernard Needham; Sophia- Edwin W.
Beeson, Chuck Powell; Southwest- Terry Shaw, Derrick Britt; Staley- Yancy King, Terry
Williams; Tabernacle- Darrell Owenby, Joy Ann Sexton; Ulah- Norris Whatley, Ted Scott;
Westside- Brian Hedgpeth, Derrick Lyndon;
• reappoint Pike Johnson to the Tourism Development Authority;
• reappoint Fred deFriess to the Randolph County Child Fatality Review/ Community Child
Protection Team;
• appoint Rev. Randy Kelley to the Randolph County Juvenile Crime Prevention Council;
• approve Budget Amendment #6 for Cooperative Extension (4-H Grant from United Way), as
follows:
2008-2009''BUDGET ORDINANCE
GENERAL FUND- Amendment #6
RevenuesIncrease Decrease
Miscellaneous $6,000
Appropriations Increase Decrease
Cooperative Extension $6,000
• approve Budget Amendment # 7 for Day Reporting Center, as follows:
2008-2009'BUDGET ORDINANCE
GENERAL FUND- Amendment #7
Revenues' Increase Decrease
Restricted Intergovernmental $3,319
Miscellaneous $21,934
Appropriations Increase Decrease
Day Reporting Center $25,253
• approve Budget Amendment #8 Transfer for Starpet Economic Development Incentive, as
follows:
Revenues
Inerease Decrease
Trans er rom Economic Development Reserve
$ 125,000
Approptiations
Increase Deerease
Other Economic and Physical Development
$ 125,000
• approve Budget Amendment #9 for Health Department (Preparedness & Family Planning), as
follows:
2008-2009 BUDGET ORDINANCE
GENERAL FUND- Amendment #9
RevenuesIncrease Decrease
Restricted Intergovernmental $16,202
Appropriations Increase Decrease
Public Health $16,202
• approve Budget Amendment #6 for Asheboro City Schools Capital Project Ordinance
(Teachey Elementary School), as follows:
2008-2 009 B UD GE T ORDINA NCE
Ashehoro City Schools -Capital Project Ordinance- Amendment #6
Revenues'
Increase Decrease
Interest Earned
$ 141,000
Sales Tax Refund
$77,000
Appropriations
Increase Decrease
Professional Services
$3,400
Other Services
$25,000
Miscellaneous
$26,000
Construction
$163,600
• approve Budget Amendment #2 for 2006 Single Family Rehabilitation Program CDBG
Project, as follows:
2008-2 009 B UD GE T ORDINA NCE
GENERAL FUND- Amendment #2
Revenues'
Increase Decrease
Restricted Intergovernmental
$10,000
Appropriations
Increase Decrease
Rehabilitation
$10,000
• approve Work First Plan for FY 2009-2011, as recommended by the Randolph County Work
First Planning Committee.
Adoption of Proclamation for 4H Week (October 5-11, 2008)
Chairman Holmes read the proposed proclamation recognizing October 5-11 as 4-H Week.
On motion of Frye, seconded by Lanier, the Board voted unanimously to approve the proclamation
for 4-H week, as follows:
WHEREAS, 4-H youth across the nation are keeping it green by leading efforts to solve problems in their
communities, raise awareness about environmental issues, and make a difference for their futures.
WHEREAS, 4-H is one of the largest youth development organizations in North Carolina and the largest
in the nation with six million young people.
WHEREAS, 4-H in North Carolina claims 208, 000 youth members and over 21, 000 adult volunteers,
while Randolph County's 4-H program reaches more than 4000 youth and more than 300 volunteers.
WHEREAS, 4-H as part of both North Carolina State University and North Carolina A&T State
University is a program where youth learn through opportunities that provide them hands-on experiences in 4 -
H's mission mandates of science, engineering and technology; healthy living; and citizenship.
WHEREAS, 4-H has connected youth and their communities with the innovative research and resources
from our nation's 106land-grantuniversities and colleges for more than 100 years;
NOW, THEREFORE, the Randolph County Board of Commissioners do hereby proclaim October 5-11,
2008, as National 4-H Week in Randolph County and urge the people of this community to take advantage of
the opportunity to become more aware of this special program that enhances our young people's interests in their
futures as part of Randolph County 4-H Youth Development and to join us in recognizing the unique partnership
between our county and our state University System.
Chairman Holmes presented the signed proclamation to Barbara Dunn Swanson, 4-H Director.
Ms. Swanson invited everyone to the 4-H open house at the Cooperative Extension Office on
Thursday, October 9th from 3-7 p.m.
Approval of Proclamation for Adoption Awareness & Presentation of Awards to Art Contest
Winners
Chairman Holmes read a proposed proclamation declaring November as Adoption Awareness
month.
On motion of Haywood, seconded by Kemp, the Board voted unanimously to approve the Adoption
Awareness Month proclamation, as follows:
WHEREAS, November is nationally celebrated as Adoption Awareness Month to express the right of
every child to grow in a permanent, secure and loving family; and
WHEREAS, the adoptive experience provides the foundation for a happy, productive adulthood; and
WHEREAS, the Randolph County Department of Social Services serves nearly 150 children in substitute
care who live apart from their birth families, and adoption is the permanent plan for 46 of these children; and
WHEREAS, Randolph County actively promotes the timely adoption of these children and has finalized 23
adoptions since July 1, 2007, some of whom have special needs; and
WHEREAS, children waiting for adoptive parents and those families who have adopted these children
require and deserve community support; and
NOW, THEREFORE, the Randolph County Board of Commissioners hereby proclaims November 2008 as
ADOPTION AWARENESS MONTH in our county, and we urge our citizens to recognize and support this
observance.
Robert Suggs, DSS Board Chairman, thanked the Commissioners for the proclamation, saying that
he hopes it will heighten citizen awareness and create a greater interest in the child adoption program.
Beth Duncan, DSS Director, said that for the past few years, the General Assembly has
appropriated Special Children Adoption Funds to the local Social Services departments. Last fiscal
year, Randolph County received $55,500 to promote adoptions for Randolph County foster children
who, for various reasons, are unable to return to their own homes. The Randolph County Department
of Social Services, in order to promote adoption awareness, held a first-ever Adoption Awareness Art
Contest in August/September, which was open to former foster children who have been adopted
through the agency. Art entries were accepted in the following age categories: five and under, six to
twelve, and thirteen and up. A panel of judges selected the winners. Ms. Duncan and Mr. Suggs
presented the winners with their awards.
Regional Partnership Workforce Development Board Annual Report
Elbert Lassiter, Workforce Development Board Chairman, reviewed the 7/1/2006-6/30/2007
Annual Report of the Regional Partnership Local Area. He said that $655,033 was allocated to
Randolph County for the RCC JobLink Program and added that JobLink continues to provide valuable
assistance to the business community. He referred to success stories that were featured in the written
annual report about participants in the job shadowing, JobLink and Building Futures Youth programs.
Update from Piedmont Authority for Regional Transportation (PART)
Brent McKinney, PART Executive Director, reported on the PART Express Bus Service from
Randolph County for its first three months of operation. He said that ridership has been strong, with
buses operating at practical capacity during the peak hours, and his office is getting requests for
additional and more frequent service. He provided statistics on ridership and route schedules.
Mr. McKinney thanked the Board for their leadership, which has enabled many Randolph County
residents to save money from the purchase of expensive fuel, thereby reducing emissions, congestion,
the demand for parking at the trip destination, the depreciation of personal vehicles; and improving
traveler safety while providing a comfortable ride to and from work in the Triad each weekday.
Lawn Care Maintenance Bid Award
Audrey Alexander, Purchasing Agent, stated that pursuant to G.S. 143-131, informal bidding
requirements, a Request for Proposals (RFP) was issued for the lawn care and maintenance services
for 14 different County locations. The public was notified of the issuance of this RFP through a
posting on the County website. This RFP was also e-mailed, mailed or picked -up by eight (8)
potential contractors during the week of August 18, 2008. On September 10, 2008 at 11:00 p.m.,
sealed bids were received, opened and read. In an effort to fairly evaluate all of the bids, a yearly cost
was estimated by taking the cost for 30 lawn maintenance services, 15 herbicide treatments, and one
each of the other services that were requested in the proposal. Using these calculations, the total cost
for the lawn care and maintenance services for the 14 County facilities received from the following
contractors follow:
CONTRACTOR
TOTAL/YEAR
A & P Lawn Care and Maintenance
$57,705.00
CLM Services, LLC
$78,040.00
Done Right Lawn Care
$49,350.00
Four Seasons Landscape
$74,875.00
TKO Landscape Maintenance.
$41,550.00
Turf -Builders, Inc.
$39,830.00
The Randolph County Public Buildings Department oversees and manages these services. All of
the bids were reviewed by the Public Buildings Department and the Purchasing Office and found to be
acceptable. The Public Buildings Department has budgeted funds available for these lawn care and
maintenance services for the balance of the 2008-2009 fiscal year.
The bid from Turf -Builders, Inc., was found to be responsive in meeting the specifications outlined
in the RFP. Their schedule for performing the needed services, their business references, and
information shared during a meeting with the Public Buildings Dept. supervisor and the Purchasing
Agent qualifies Turf -Builders, Inc. as a responsible contractor. Based on this information, it is the
recommendation of the Public Buildings Department and the Purchasing Office that the Board of
Commissioners award the bid for lawn care and maintenance services at an estimated cost of $39,830
per year to Turf -Builders, Inc.
On motion of Frye, seconded by Kemp, the Board voted unanimously to award the bid for lawn
care to Turf -Builders, Inc. at the cost of $39,83 0 per year.
Public Hearing, Action and Budget Amendment on the Expenditure of Public Funds on Randolph
County Economic Development Corporation's Randleman Business Park
Chairman Holmes opened a duly advertised public hearing at 5:00 p.m. Bonnie Renfro, Randolph
County EDC President, explained that the EDC, in April 2000, purchased a 47.3 -acre site in
Randleman for development of its second industrial park. Another 5.61 acres was placed under
option. This property, now known as the West Randleman Business Park, was financed by the EDC
through a bank loan for $762,500 with a credit line of up to $1 million for additional development
costs. The Randolph County Board of Commissioners agreed to assist with the cost of debt service as
needed for the project. In October 2004, 17.18 acres of land was sold to Rheem Air Conditioning
Distribution Center. In December 2004, the EDC purchased 3.241 acres of the optioned acreage. To
make the property more marketable and ready for development, the EDC is clearing and grading
approximately 20 acres of the property and using their line of credit to finance the grading contract.
The EDC has paid for engineering, inspections and permitting costs in its operations budget. To date,
EDC has paid $170,736.45 of the grading contract of $228,801. In addition, EDC has a contract to
purchase the remaining 2.31 acres and residence of the original property owner and to purchase an
additional one -acre tract at a cost of $145,320. The EDC will use its credit line to finance this
purchase. The loan balance is $588,166.94 and the debt service payment due now is $26,700.59.
Following Board approval, these funds will be reimbursed to the EDC via a transfer from the
Economic Development Reserve Fund.
Chairman Holmes asked for public comment and, hearing none, closed the public hearing.
On motion of Kemp, seconded by Haywood, the Board voted unanimously to approve the payment
of interest ($26,700.50) on the Randolph County EDC Randleman Business Park and to approve
Budget Amendment #10, as follows:
2008-2009 BUDGET ORDINANCE
GENERAL FUND -Amendment #I0
Revenues
IncreaseDecrease
Transfer from Economic Development Reserve Development
$26,701
Appropriations
.Increase Decrease
Other Economic Development Appropriations
$26,701
Action to Denv Adoption of Resolution Imposing Gross Receipts Tax on Heavv Eauipment in
Lieu of Property Tax
Debra Hill, County Tax Administrator, stated that property tax on heavy equipment is handled
through the listing process. It is listed as business personal property in January and then assessed and
assigned a value for tax purposes. Recently, the North Carolina General Assembly enacted changes to
this process which will go into effect January 1, 2009. Ms. Hill explained that the heavy equipment in
question is only that equipment that is short-term lease or rental equipment at retail. If a business
owns a piece of heavy equipment for internal use, that equipment is still listed and appraised as
business personal property. The changes only affect short-term rental/lease equipment.
The General Assembly has essentially exempted heavy equipment from the tax base. It will no
longer be listed, assessed and appraised as before. Since this change represents a decrease in property
subject to taxation, the General Assembly gave counties and cities a method of replacing the lost tax
revenue.
N.C.G.S. §153A-156.1 gives counties the authority to impose a gross receipts tax on heavy
equipment. This tax may be imposed, by resolution, at the rate of one and two-tenths percent (1.2%)
on the gross receipts from the short-term lease or rental of heavy equipment by a person whose
business is the short-term lease or rental of heavy equipment at retail. This gross receipts tax provides
an alternative to property tax on the equipment. It is payable quarterly and is due by the last day of the
month following the end of the quarter.
Ms. Hill said that it is difficult to ascertain the effect that these changes will have on Randolph
County's tax base. Historically, all heavy equipment has been treated, and therefore listed, in the same
manner. When it was listed as business personal property, no distinction was made between short-
term lease/rental equipment and other heavy equipment. Because of this, the County has no way to
determine how much of the previously -listed heavy equipment was short-term lease/rental equipment
and, therefore, no way of knowing how much property will be exempted by the new process.
Furthermore, even if the County could determine which property was short-term lease/rental property,
we do not know the rates at which this property rents and have no way to estimate the gross receipts
from said rentals. Ms. Hill stated that if the resolution is approved, the tax would go into effect on
January 1, 2009.
On motion of Lanier, seconded by Kemp, the Board voted unanimously to deny the resolution to
impose gross receipts tax on heavy equipment.
Approval to Use Law Enforcement Restricted Funds for Multi -county Aviation Program and
Budget Amendment
Col. Allen McNeil, Randolph County Sheriffs Office, requested that the Commissioners approve
$10,000 in Law Enforcement Restricted Funds for Randolph County's part in the lease of an airplane.
The Randolph County Sheriffs Department would be partnering with Guilford County, Alamance
County, Davidson County, Forsyth County, and Rockingham County in the lease of this aircraft.
Currently, the Randolph County Sheriffs Office has no real time ability to get air resources when
needed for aerial surveillance for illegal drug enforcement and other activities. Although the N.C.
State Highway Patrol does have air resources, they are sometimes difficult to obtain, and then, almost
always, with some type of delay. This aircraft would be housed at the Greensboro Airport and have
priority take -off privileges when needed for a quick response. The pilot would be provided by the
Guilford County Sheriff s Office. Randolph County would receive 50 hours of flying time for our part
of the lease. This would be a continuing operation, which would renew from year to year unless
cancelled by the member counties. The agreement would be with the National Institute of Justice, U.S.
Department of Justice, and the Sheriff s Association of Texas.
On motion of Haywood, seconded by Frye, the Board voted unanimously to approve the use of Law
Enforcement Restricted Funds for a multi -county aviation program lease agreement and to approve
Budget Amendment # H, as follows:
2008-2009 BUDGET ORDINANCE
GENER4L FUND- Amen ont#11
Revenues Increase Decrease
Appropriated Fund Balance -Restricted Law Enforcement $10,000
Appropriations Increase Decrease
Sheriff & Jail $10,000
Approval to Let Bids on Construction of Sheriffs Office Special Units Division Building
Col. Allen McNeil reminded the Board that a few months ago, the Commissioners approved the
hiring of an architect to draft plans, submit a preliminary budget and oversee the construction of a
Special Units Division building. He said the Special Units Division currently consists of 18 officers
and one secretary who are working out of two different locations. Several of the officers currently
share desks with other officers. He asked the Commissioners to grant permission to begin the bid
process for construction of a 12,500 -square -foot building on the east side of New Century Drive
between the Sheriffs Office storage building and the Jail. Col. McNeil also requested that the Law
Enforcement Restricted Funds be used for funding this project.
On motion of Lanier, seconded by Haywood, the Board voted unanimously to grant approval to let
bids on the construction of a Sheriff's Office Special Units Division building and approved the use of
Law Enforcement Restricted Funds for this purpose.
Approval of Resolution Authorizing Transfer of KFI Building/Property to RCC
Staff Attorney Aimee Scotton reminded the Commissioners that, in June, they had approved the
purchase of a building owned by Klaussner Furniture at 413 Industrial park Ave. to be renovated and
used by RCC. Ms. Scotton stated that since then, RCC has had a Phase One Environmental study
completed as well as some additional testing. RCC administration has reviewed the results of these
tests and is confident that the property will meet the needs outlined. Closing of the purchase occurred
on October 3, 2008. RCC has received money from the State that can be used to partly -fund
renovations, but only if RCC is the record owner of the property. Pursuant to NCGS 160A-274, it is
necessary for the County to convey the property to RCC so the planned renovations can begin.
On motion of Kemp, seconded by Frye, the Board voted unanimously to approve a resolution
transferring the Klaussner property from the County to RCC and to authorize the Chairman to sign
the deed effecting said transfer, as follows:
WHEREAS Section 153A-176 of the North Carolina General Statutes authorizes a county to dispose of
real and personal property according to the procedures set out in Chapter 160A, Article 12; and
WHEREAS N. C. G. S. § 160A-274 states that "any governmental unit may, upon such terms and
conditions as it deems wise, with or without consideration, exchange with, lease to, lease from, sell to, or
purchase from any other governmental unit any interest in real or personal property "; and
WHEREAS N. C. G. S. § 160A-274 defines "governmental unit" to include a city, county, school
administrative unit, sanitary district, fire district, the State, or any other public district, authority, department,
agency, board, commission, or institution; and
WHEREAS the County ofRandolph (hereinafter the "County') purchased a building and property
located at 413 Industrial Park Avenue in Asheboro, North Carolina and containing approximately 4.29 acres
more or less (hereinafter the "Property') from Klaussner Furniture Industries, Inc. by Special Warranty Deed
recorded in the Randolph County Registry on October 3, 2008; and
WHEREAS the Property was purchased for renovation and future use by Randolph Community
College (hereinafter "RCC') in order to accommodate RCC's early college high school program, to give other
RCC departments much-needed expansion space, and to help meet RCC's changing needs for new programs;
and
WHEREAS RCC has been awarded funds by the State of North Carolina that can be used in the
advance planning phase of building renovations provided RCC is the record owner of the Property.
BE IT THEREFORE RESOLVED that the Randolph County Board of Commissioners does hereby
authorize the transfer of the Property to the Randolph Community College Board of Trustees by Special
Warranty Deed and authorize the Chairman to sign the Special Warranty Deed effecting said transfer.
Recess
At 5:25 p.m., the Board recessed.
Rezoning Pubic Hearing
At 6:30 p.m., the Board reconvened to a duly advertised public hearing to consider rezoning
requests. Hal Johnson presented the following requests, and Chairman Holmes opened the public
hearing for comments on each request and closed it before taking action on the requests.
1. FRED BURGESS, Climax, North Carolina, is requesting that 3 acres (out of 8.67 acres) located
on Mack Lineberry Road (just off Hwy 22N), Providence Township, be rezoned from RA to HC -
CD, Rural Growth Area. Tax ID# 7796058355. The proposed Conditional Zoning District would
have specifically allowed 4 mini -warehouse (20' x 150') storage buildings with a 32% impervious
surface coverage in lieu of the 24% allowed as per site plan. The Planning Board reviewed this
request at public meeting on September 9, 2008, and recommended unanimously that this request be
denied, as not consistent with the intent of a Rural Growth Area of the County Growth Management
Plan. The Planning Board found the following policies within the Growth Management Plan that
support determination of consistency with the adopted plan with this recommendation:
Policy 1.2 The benefits of economic development should be balanced against the possible
detrimental effects such development may have on the quality of life enjoyed by area residents.
Policy 4.3 Rural area commercial development should be limited to neighborhood business uses,
farm supply stores, and generally accepted rural business establishments.
Fred Burgess, applicant, said that he would like to withdraw his application.
2. MICHAEL COLLINS, Asheboro, North Carolina, is requesting that 87.36 acres located on Young
Road, Grant Township, be rezoned from CVOE-CU to CVOE-CD, Municipal Growth Area. The
proposed Conditional Zoning District would specifically amend the existing conditional zoning for
Mill Creek Meadows Subdivision from a 50 -ft. no -cut buffer to a 25 -ft. no -cut buffer along the
perimeter of the subdivision. The Planning Board reviewed this request at public meeting on
September 9, 2008, and recommended unanimously that this request be denied.
The Planning Board found the following policies within the Growth Management Plan that support
determination of consistency with the adopted plan with this recommendation:
Policy 6.16 The County should preserve scenic views and elements of the county's rural character by
minimizing perceived density by minimizing views of new development from existing roads through
use of natural buffers and open space.
Policy 7.6 Stormwater impact should be minimized by designing new development in a manner that
minimizes concentrated stormwater flow through maximizing the length of stormwater sheet flow
through vegetated buffer areas.
Michael Collins spoke in favor of his request, saying that the reason for this request was for
safety and public health concerns. He said that he believes that fewer trees would help to alleviate the
tick problem in his backyard where his children play. He presented documentation on North
Carolina's tick problem. He also complained about a neighbor's Rottweiler coming onto his property,
and said that a decreased expanse in trees in his backyard would give him more time to get to his
child, should a dog ever threaten him. Mr. Collins said that he has called Animal Control and the
Sheriffs Department on the dog; however, the dog is usually gone by the time either department
arrives. Mr. Collins said that the Sheriffs Department advised him to shoot the dog if it was a
problem, but he said he doesn't want to do that because it is someone's pet. He just wants it confined
to the owner's property.
Danny Shaw, father-in-law of the applicant, spoke in favor of Mr. Collins' request, agreeing that
the ticks pose a threat to his family. He added that he appreciates the effort that his son-in-law has
made to try to protect the family that he loves.
Shane Cox of 4113 Young Road, Asheboro, said that he owns most of the land behind Mr. Collins.
He has had no trouble with ticks. However, he said that there is a thicket in Mr. Collins' back yard that is
probably harboring the ticks. Also, Mr. Cox said that the Rottweiler that Mr. Collins referred to belongs to
him. Mr. Cox said that he would be happy to sell Mr. Collins all his property and then he'll move. If the
buffer is reduced to 25 feet, Mr. Collins will be looking into the window of Mr. Cox's house.
Stephen & Christina Wilmoth, 1299 Old Mill Ford Trail, Asheboro, said that they bought their
property largely because of the 50 -ft. no -cut buffer. They wanted trees around them for privacy and also as
a habitat for wildlife. Ms. Wilmoth said that, according to her mother, who is a nurse, typically ticks live
in tall grasses, not trees. They suggested that if Mr. Collins has a problem with a dog, he should work that
out directly with the dog's owner. They also suggested that Mr. Collins could move his children's play
equipment closer to the house instead of in back at the buffer line.
Faye Cox, 1211 Granville Lane, Asheboro, stated that Mr. Collins' property backs up to her farm.
She said that Mr. Collins was the first to build a house in the subdivision, and he knew the subdivision's
restrictions before he purchased his property. According to Ms. Cox, she and developer Lee Roberts had
many discussions about his proposed subdivision; he agreed to the 50 -ft. no -cut buffer largely because of
these discussions. She said she's concerned that if the buffer is reduced, there will be more opportunity for
trash to blow onto her property and for four wheelers to cross her property. She said that her son, Shane
Cox, served his country in Iraq for a year and purchased the property with the money he earned from the
military, and he deserves to be able to enjoy it. She encouraged the Board to leave the trees alone and deny
the request.
Steve Gerkin, 1320 Old Mill Ford Trail, Asheboro stated that although they do not live on the same
side of the street, they considered this neighborhood because of the country setting and asked that no
changes be made. They have lived there for four months and have found only one tick.
On motion of Frye, seconded by Kemp, the Board voted unanimously to deny the request of Michael
Collins, as determined consistent with policies contained within the adopted Growth Management Plan
and outlined in the Planning Board recommendation.
3. CLOWDIS HOLDINGS, LLC., Randleman, North Carolina, is requesting .24 acres located at 9283
US Hwy 220 Business North, Level Cross Township, be rezoned from RM to HC -CD. Primary Growth
Area. Tax ID# 7767432576. The proposed Conditional Zoning District would specifically allow a small
business to assemble gun parts with the retail sales of firearms in an existing building. The Planning
Board reviewed this request at public meeting on September 9, 2008, and recommended unanimously
that this request be approved. The Planning Board found the following policies within the Growth
Management Plan that support determination of consistency with the adopted plan with this
recommendation:
Board of Commissioner Resolution Adopting the Growth Management Plan, Policy #4. Recognize that
growth management policies should afford flexibility to County boards and agencies that will enable them
to adapt to the practical requirements often necessary for rural development.
Board of Commissioner Resolution Adopting the Growth Management Plan, Policy #7. Ensure the
opportunity for landowners to achieve the highest and best uses of their land that are consistent with
growth management policies in order to protect the economic viability of the County's citizens and tax
base.
Blair Clowdis, applicant spoke in favor of his request, stating that this gun shop won't be a full-time
business until he retires. He wants to open a custom competition firearms repair shop with a possible small
retail store later. All test firing will be done at a firing range at Tuckertown, where he is a member.
On motion of Haywood, seconded by Lanier, the Board voted unanimously to approve the request of
Clowdis Holdings, LLC., as determined consistent with policies contained within the adopted Growth
Management Plan and outlined in the Planning Board recommendation.
4. DONALD LANIER, Asheboro, North Carolina, is requesting 8.46 acres located on Bessie Bell Road,
Cedar Grove Township, be rezoned from RA to CS -CD. Rural Growth Area. Tax ID# 7629329987. The
proposed Conditional Zoning District would specifically provide parking and access to the adjoining future
shopping center. The Planning Board reviewed this request at public meeting on September 9, 2008, and
recommended unanimously that this request be approved. The Planning Board found the following
policies within the Growth Management Plan that support determination of consistency with the adopted
plan with this recommendation:
Policy 4.1 Commercial development should be encouraged to occur in clusters or planned shopping
centers to minimize the proliferation of "retail strip" locations.
Policy 4.4 Commercial uses should be encouraged to develop by consolidation and deepening of existing
commercially zoned property, only when such consolidation and deepening can be developed in a way that
lessens the effect of incompatibility with adjoining residential land uses.
Commissioner Lanier recused himself from this request.
Lovette Brown, 406 Glovina St, Asheboro, said that she owned the site being considered, not Donald
Lanier.
Donald Lanier, applicant, using maps and aerial photographs, showed that Ms. Brown owned the
parcel of land adjoining the site being considered for this request. He said that he plans to leave most of the
site as a natural buffer to adjoining property owners. He is also looking into neighbor participation with
DOT in paving Bessie Bell Road.
On motion of Frye, seconded by Haywood, the Board voted unanimously (4 -0 --Commissioner Lanier
recused himself from voting) to approve the request of Donald Lanier, as determined consistent with
policies contained within the adopted Growth Management Plan and outlined in the Planning Board
recommendation.
Adiournment
At 7:33 p.m., there being no further business, the meeting adjourned.
J. Harold Holmes, Chairman
Phil Kemp
Stan Haywood
Darrell L. Frye
Arnold Lanier
Cheryl A. Ivey, Clerk to the Board