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080502August 5, 2002 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 Kemp, Davis, Holmes, Frye, and Mason were present. Rev. David Nolan, New Hope Methodist Church, Asheboro, gave the invocation, and everyone recited the Pledge of Allegiance. Consent Agenda Chairman Kemp announced that the names of Mike Cox and Gary Mason had been removed from Item C. and that Item G. Adopt Resolution Appointing Dumont Bunker as Review Officer for the City of Asheboro had been added to the Consent Agenda On motion of Mason, seconded by Frye, the Board voted unanimously to approve the amended consent agenda as follows: • approve regular minutes and closed session minutes of July 8; • unseal closed session minutes of 4/5/01, 7/9/01, 10/1/01, 3/11/02, and 6/3/02; • appoint Phyllis Calloway to fill the unexpired term of Steve Lepore and reappoint Talmadge Baker, Pete Oldham, Tim Poole, Tom Sullivan, Rodney Trogdon, and Frank Willis to the Criminal Justice Partnership Program Advisory Board; • appoint Jonathan Sermon to the Juvenile Crime Prevention Council to fill the vacancy created by the resignation of Allen Oliver; • adopt resolution to abandon SR 2346 (Gold Hill Rd.) from centerline of SR 2183 to dead end (480 feet, as follows: Whereas, the Department of Transportation has investigated SR 2346 (Gold Hill Road) from centerline of SR 2183 to Dead End (480 ) in Randolph County for purposes of abandonment; and Whereas, it has been determined that subject road should be abandoned from the Division of Highways' Secondary Road System; and Whereas, appropriate authorization has been obtained from the City ofAsheboro for the abandonment. Now, Therefore, Be It Resolved by the Randolph County Board of Commissioners that SR 2346 (Gold Hill Road) from centerline of SR 2183 to Dead End (480 ) be abandoned from the Division of Highways' Secondary Road System. • adopt proclamation for Dustin Bray, as follows: WHEREAS, Dustin Bray is a lifelong resident ofRandolph County and a graduate ofAsheboro High School; and WHEREAS, Dustin won the North Carolina High School 3-A Golf Championship in both of his junior and senior years; and WHEREAS, Dustin has been the number one player on the UNC -Chapel Hill Golf Team for his freshman and sophomore years, winning The Prestige Collegiate Championship in California in November, 2001, and winning the individual ACC Championship in May, 2002; and WHEREAS, Dustin was named to the All ACC Golf Team in his freshman and sophomore years, and the Ping All - America Golf Second Team in his sophomore year; and WHEREAS, Dustin was selected to represent the USA in the USA vs. Japan Collegiate Golf Championship played in Chicago in July, 2002. NOW, THEREFORE, BE IT PROCLAIMED by the Randolph County Board of Commissioners that, on behalf of all Randolph County citizens, we do hereby extend this expression of our congratulations, admiration and pride in the skills and accomplishments of Dustin Bray, and our appreciation for the fine publicity and recognition he has brought to Asheboro and Randolph County. • adopt resolution appointing Dumont Bunker as Review Officer for City of Asheboro, as follows: WHEREAS, S.L. 1997-309 (S8 75) makes a number of significant changes in the procedures for recording maps and plats; and WHEREAS, the main purpose of the law is to transfer the responsibility for reviewing plats to determine whether they meet recording requirements from the Register ofDeeds to a Review Officer; and WHEREAS, the new G.S. 47-30.2 requires the Board of County Commissioners in each County, by resolution, to appoint a person to serve as Review Officer to review each plat before it is recorded and certify that it meets the statutory requirements for recording; and WHEREAS, the City of Asheboro has requested that City Engineer, Dumont Bunker, be appointed a Review Officer by the Randolph County Board of Commissioners. NOW, THEREFORE, BE IT RESOLVED, effective August S, 2002, Dumont Bunker, City of Asheboro Engineer, is hereby appointed to perform all responsibilities as required for Review Officer under the appropriate North Carolina General Statutes. BE IT FURTHER RESOLVED, that a copy of this Resolution designating the Review Officer be recorded in the Randolph County Register of Deeds Office and indexed in the name of Review Officer. Award Bid for 911 Voice Logging System Susana Vang, Purchasing Agent, told the Board that Emergency Services needs to replace the current Dictaphone Pro -Log Guardian 911 voice logging system which is used to record and log 911 calls because it is becoming less reliable and consuming extensive staff time to operate. The following bids were received: Vendor Equipment Description Total Bid Communications Recording Solutions, Inc. Racal Mirra 32 $20,834 Dictaphone Corp. Dictaphone Freedom $30,745 Sprint Dictaphone Freedom $30,250 Ms. Debby Hines, 911 Deputy Director, said that she had visited other N.C. agencies and determined that the Racal Mirra 32 was being used by smaller agencies and that agencies of our size or larger were using and satisfied with the Dictaphone Freedom. She also found that the Dictaphone Freedom can be connected to any network -attached storage device, whereas the Racal Mirra 32 is limited only to the DVD device built into its hardware. The Racal Mirra 32 is similar to our current old technology and cannot provide the County with the cost-effective access that the Dictaphone Freedom can offer. Ms. Hines stated that Dictaphone has provided good service with their current equipment and would continue to supply service even though the equipment would be bought through Sprint. The bid submitted by Sprint for a Dictaphone Freedom Voice Logging System met the specifications as required by the Emergency Services Dept., and the bid procedures conducted were in compliance with the N.C. General Statutes. On motion of Frye, seconded by Davis, the Board voted unanimously to award the bid for a Dictaphone Freedom Voice Logging System to Sprint for a total cost of $30,250. Work First County Plan; Standard Status; Work First Planning Committee Appointments Martha Sheriff, Social Services Director, reported that this fall each North Carolina county will again develop a Work First Block Grant Plan to be effective October 1, 2003 through September 30, 2005. The first decision to be made in the development of the plan is to decide whether Randolph County will seek electing county or standard county status. Ms. Sheriff stated that we have operated as an electing county for four years, and she feels that the benefits of being an electing county are not great enough to warrant retaining that status since standard counties are able to conduct their programs much the same as electing counties. Electing counties are given an allocation for Work First cash payments in their Work First Block Grant and are responsible for any cash assistance payments that result from increased caseloads beyond the funds that have been allocated to them. For standard counties, the cash assistance funding will be 100% federal and will not be included in the Work First Block Grant. Standard counties are not required to budget additional funds if caseloads increase beyond the level projected in the state estimates. She requested that Randolph County seek standard status for the plan that will be presented to the Commissioners in October for their approval before it is sent to the state for review by November 1, 2002. She then presented a suggested list of Work First Planning Committee members for the 2003-2005 Plan. On motion of Mason, seconded by Holmes, the Board unanimously voted to become a standard county for 2 the 2003-2005 Work First Program period, appointed the following people to the Work First Planning Committee: George Gusler and Beverly Nelson (Chamber of Commerce), Scott Wagoner (Board of Social Services), Dr. Ann Suggs (Mental Health Board), Sandra Martin (Public Health Board), Dr. Cindy Schroder (County Schools), Curt Lorimer (City Schools), Robert Mason (County Commissioners), Janice Scarborough, deigh Adams, and Jerry Hill (Community -Based Organizations), Rev. Marion Smith (Faith Community), Dr. Bob Shackelford (Randolph Community College), Robert Ware (Employment Security Commission), Russ Keeney (Randolph Coordinated Area Transportation System), Patricia Riley (Former Recipient of Work First), and Gail Garrison (Current Recipient of Work First), and appointed Robert Mason as Chairman of this Work First Planning Committee. Report on Process to Develop a Countywide Recreation Master Plan Hal Johnson, Planning Director, gave the Board an update on the process to develop a countywide recreation master plan (RMP). He reminded the Board that the Board had adopted a resolution in October of 2000 which established a Heritage Committee and charged it with specific responsibilities that included exploring the feasibility of a countywide RMP that will protect and promote heritage sites that provide leisure activities for county residents and visitors. Then, in January 2002, the Commissioners approved $40,000 toward the estimated $50,000 professional consultant cost for the creation of a comprehensive parks and recreational master plan, with the Randolph County Tourism Development Authority (TDA) providing the other $10,000. However, in March 2002, the $40,000 previously committed by the County was frozen in an effort to determine future budget impacts as a result of North Carolina's fiscal problems. Then, in June 2002, the Board of Commissioners approved $20,000 toward the RMP which was carried forward to the 2002-2003 budget as an emcumbrance. Recognizing the direct relationship between a countywide recreational plan and expanded tourism development opportunities, the TDA approved $30,000 for the master plan development. Since both the County and the TDA have committed funding to this project, it is necessary to formally outline the relationship between the County and the TDA as this project develops. The guidelines for this relationship, which were approved by the TDA on 7/17/02, are outlined, as follows: • The TDA is a public authority suject to N.C.G.S. 159 (the Local Government Budget & Fiscal Control Act) and the TDA may approve and enter into contracts. It shall be the responsibility of the TDA to approve and enter into a contract with appropriate professional consultants in the development of this plan. • Randolph County shall pay to the TDA the budgeted amount of $20,000 for use in development of the RMP study. The TDA shall be responsible for any cost that is in excess of the $50,000 currently appropriated. • The TDA, working with the previously established RMP Steering Committee, shall be responsible for making changes and approving the plan before its final presentation to the Commissioners. • Final approval, amendments, and implementation shall be that of the Board of County Commissioners. • Staff support and coordination during the development of this RMP shall be provided by the County Planning Department. The Planning Director/TDA Chairman shall serve as project administrator. Mr. Johnson said that the RMP will give elected officials the information they need to make informed decisions with the best possible cost to taxpayers. Emphasis will be on local government partnerships and the provision of passive recreation such as greenways, walking and biking trails, open space, and multi-purpose parks to provide access to Randolph County's natural heritage and tourism sites. Other areas addressed will be athletic facilities, picnic and open play areas, state and federal recreation facilities, camping facilities and lake and aquatic facilities with special emphasis on the Randleman Lake. Community involvement will also be a key component of the RMP. The anticipated start date of the RMP process is August 2002 with a 3 completion date of June 2003. Final approval and implementation will be by the Randolph County Board of Commissioners. On motion of Frye, seconded by Holmes, the Board voted unanimously to authorize the TDA to proceed with the development of a countywide recreation master plan. Set Public Hearing Date On Request From P/T Regional Water Authority To Permanently Close Stamey Trail The Piedmont Triad Regional Water Authority has requested that the Commissioners act to permanently close Stamey Trail, the Water Authority having purchased all of the property adjoining this road. (This area will be part of the Randleman Lake when it is built.) N.C.G.S. 153A-241, requires the Board of Commissioners set a public hearing on the question. The Board set 5:30 p.m. on September 3, 2002 as the date and time for such public hearing. Closed Session — Economic Development On motion of Frye, seconded by Davis, the Board voted unanimously at 5:00 p.m. to go into closed session to discuss matters relating to the location or expansion of business in the area served by this governing body, pursuant to NCGS 143.318-11(a)(4). They returned to regular session at 5:40 p.m. Public Hearing for Economic Development Proiect (CDBG application) At 5:40 p.m. Chairman Kemp opened a duly advertised public hearing concerning an application for a community development block grant for an economic development project for an unnamed company interested in locating in the Liberty Business Park. No one spoke and Chairman Kemp closed the public hearing. David Townsend, III, Public Works Director, stated that he would report the outcome of the public hearing to the appropriate persons and that another public hearing would be scheduled later if one was needed. Budget Amendment - Encumbrances Jane Leonard stated that an encumbrance is created when a contract is entered into or a purchase order is issued. Encumbrances outstanding at June 30th must be recorded in the Fund Balance section of the County's Financial Statements and are added to the next year's budget by amending the budget. On motion of Frye, seconded by Holmes, the Board unanimously approved Budget Amendment #2 to the FY 2002-2003 Annual Budget, as follows: General Fund - 92 Revenue Increase Fund Balance Appropriated 1,368,861 Appropriation Increase Administration 25,171 Computer Services 16,881 Elections 143,863 Tax 19,277 Register of Deeds 418 Public Buildings Maintenance 377,186 Sheriff & Jail 12,589 Emergency Services 1,689 Planning & Zoning 27,300 11 Public Health 9,845 Cooperative Extension Service 11,415 Public Library 2,445 Social Services 44,352 Soil & Water 1,440 Other Appropriations -Economic & Physical Development 675,000 Emergency Telephone Sys Fund - 92 Revenue Increase Fund Balance Appropriated 25,313 Appropriation Increase Wireline 25,313 Budget Amendment — Junior Sheriffs Academy Ms. Leonard told the Board that the Sheriff's Office has received $20,079 in funding to operate the fourth annual Junior Sheriff s Academy. On motion of Davis, seconded by Holmes, the Board voted unanimously to approve Budget Amendment #3, as follows: General Fund - #3 Revenue Increase Miscellaneous 20,079 Appropriation Increase Sheriff 20,079 Budget Amendment -Library Richard Wells stated that the library had received a federal grant under the Library Services and Technology Act for $13,409 that will enable the library to digitize some 1,500 historical photographs (currently housed in the Randolph Room) and make them available on the Internet to researchers. The grant requires a local match of $1,400. On motion of Holmes, seconded by Mason, the Board voted unanimously to approve Budget Amendment #4, as follows: General Fund - #4 Revenue Increase Restricted Intergovernmental $13,409 Appropriation Increase Public Library $13,409 Budget Amendment -Library Richard Wells stated that the library had received a grant from the Rural Internet Access Authority for $12,000 that will enable the library to greatly increase the bandwidth, or speed, of access to information on 5 the Internet. The grant allows full use of Road Runner service to replace a much slower telecommunications network. The monthly expenses are less that existing expenses. A local match is not required. On motion of Holmes, seconded by Mason, the Board voted unanimously to approve Budget Amendment #5, as follows: General Fund - #5 Revenue Increase Restricted Intergovernmental $12,000 Appropriation Increase Public Library $12,000 Closed Session — Economic Development On motion of Frye, seconded by Mason, the Board voted unanimously at 5:48 p.m. to go into closed session to discuss matters relating to the location or expansion of business in the area served by this governing body, pursuant to NCGS 143.318-11(a)(4). They returned to regular session at 6:00 p.m. The Board recessed until 6:3 0 p.m. Rezoning Public Hearing At 6:30 p.m. the Board adjourned to a duly advertised public hearing to consider rezoning requests. Hal Johnson, Planning and Zoning Administrator, presented the following requests, and Chairman Kemp opened the public hearing for comments on each request and closed it before taking action on each request. 1. SAMUEL & JANET HUNT, Asheboro are requesting that 17.01 acres located on corner of Stutts Road/Back Creek Church Road, Cedar Grove Township, be rezoned from RA to CVOE-CU for a 10 -lot subdivision for site -built homes only with a minimum of 1,400 sq. ft. (Mr. Johnson reminded the Board that they had denied Mr. Hunt's original request in June due to density and the 1,350 s.f minimum house size. They suggested that Mr. Hunt and the community work together to negotiate a workable plan to take back to the Planning Board.) The Planning Board, at their July meeting, recommended unanimously that this new request be approved with the following conditions: * minimum house size of 1,400 sq. ft. (heated space); * 3 lots fronting on Back Creek Church Road; * 2 lots fronting on Stutts Road (west of Baxter property); * 5 lots (including the lot with existing residence) fronting on the future state road (with each corner accessing the new road, not Stutts Road); * a level 3 buffer, (35 ft. buffer) consisting of 2 staggered rows of fast-growing evergreen trees spaced 10 ft. apart and one row of evergreen shrubs, shall be installed along the northern property line. This row shall include no fewer than 4 trees and 14 shrubs per each 100 linear feet. The buffer requirements are recommended due to the extreme topography of the property and the need to reduce stormwater erosion run-off to future residences; * burial sites of stumps and trees (formerly cleared from the property) should be clearly shown on the subdivision plat; * level 1 buffer using 35 ft. of natural trees and vegetation shall be maintained and platted along the western property line; and * installation of wells must be properly constructed and certified as to potable water supply prior to the issuance of a building permit on each lot. (Concerns were consistently expressed at the NIM 6 concerning availability of well water on adjoining parcels.) Jon Megerian, Asheboro attorney, spoke on behalf of the applicant, saying that Mr. Hunt had added more land to the proposed site in order to increase the average lot size, had increased the minimum square footage on house size from 1,200 to 1,400 s.f., and had reduced the number of lots from 12 to 10, in an effort to accommodate the wishes of the neighors. Mr. Megerian distributed pictures of surrounding properties that should be compatible with the houses that will be built on the proposed site. Doug Walker, 2819 Stutts Rd., said that he lives across the road from the proposed site and his main concern is density. He mentioned that the average house size around the proposed site is 1,750 s.f. He said that Hal Johnson had referred to this area as a "bubble" in a secondary growth area and that they would like to keep their "bubble." The neighbors have come up with an alternative plan for the proposed site with the average lot size of just over 6 acres. He said they are not trying to be hard to get along with but whatever the Commissioners decide to do will set the standard for future development in this area and others like it. He just wants to keep his rural lifestyle. Harold Gowdy, 3038 Stutts Rd., spoke in opposition to the request and said that Mr. Hunt, Mr. Megerian and the Board members won't be affected by this new development, but he and his neighbors will. He said that Mr. Johnson referred to this area as a "bubble" as if it were a bad thing, but the community doesn't want their bubble burst. The rural nature needs to be preserved. He said that the neighbors were asked to compromise and they came up with an alternate plan for the site but it was not considered. Mr. Gowdy asked if natural buffers were part of the conditions and then the trees were cut, what would happen. Mr. Johnson said that they would have to be replanted whether they died or were cut. Mr. Gowdy said that there was no County infrastructure to support this new development. Also he said that the decision should not be based on personality but on the facts. The community members are concerned with their community and they are not against Mr. Hunt personally. Robert Baxter, 2956 Stutts Rd., said that this is the third meeting that he had attended and that he asked for and was told he could have a buffer to the west and north of his property. Darrell Frye asked if he understood Mr. Johnson's explanation for why the Planning Board did not recommend that the developer put a buffer to the north of Mr. Baxter's property. Mr. Johnson said the the land directly behind Mr. Baxter's property had been sold (not to Mr. Hunt). Mr. Baxter said that he had been promised this buffer. Todd Walker, 2911 Stutts Rd., said that he is concerned with the small house size and number of lots. He wants a safe environment for his family. Water is also a concern since he's had to drill a new well recently. Pam Hughes, 2658 Stutts Rd., said that her family has lived here for 20 years. If this development is built they could move away but they really don't want to. She said the Commissioners are controlling the community's future. This development is too dense for the area and water is a big concern of hers. She has two wells and her father has two wells. Chairman Kemp closed the public hearing. Following discussion regarding buffers, site plan and minimum square footage, Mr. Hunt requested that a minimum of 1,500 s.f be an additional condition of his request. 7 Davis moved to approve the request of Samuel Hunt with the recommended conditions of the Planning Board and the amended condition of 1,500 sf minimum house size. Mason seconded. Harold Holmes asked about buffers and Mr. Hunt requested that a condition of the planting of a single row of Leland Cypress along the west side of Mr. Baxter's property be added as another condition. Davis amended his original motion to include the condition of a single row of Leland Cypress along the west side of Mr. Baxter's property, and Mason amended his second. The motion to approve the request of Samuel Hunt with the recommended conditions of the Planning Board with the exception of the minimum square footage being increased to 1,500 sf. and the addition of a condition to plant a single row of Leland Cypress along the west side of Mr. Baxter's property was approved by a vote of 4-1 with Holmes opposing. 2. TOWER COMPONENTS, INC., Randleman, is requesting that 11.80 acres located on Hwy 64 East, Columbia Township, be rezoned from RA to HI/CU for a manufacturing facility as per site plan. The Planning Board recommended unanimously that this request be approved as consistent with the Growth Management Plan. Rodney Moody, 3139 W.O.W. Rd., Randleman, spoke in support of this request. He said that Tower Components has been in Randolph County for 3 years and that they have grown out of their current facility. He anticipates that they will employ more that 50 people in a few years if they can expand their facility. On motion of Frye, seconded by Mason, the Board unanimously approved the request of Tower Components. 3. CHUCK POWELL, Archdale, is requesting that 21.97 acres located on St. Peter's Church Road, Randleman Lake Watershed, Providence Township, be rezoned from RA to CVOR-CU for a 3 -lot subdivision for site -built homes, modular homes, and Class -A double-wides on permanent masonry foundation with a minimum house size of 1,300 sq. ft. The Planning Board recommended unanimously that this request be approved as consistent with the Growth Management Plan. Jerry King, surveyor, spoke in support of this request and said that Mr. Powell does now own this property. Chuck Powell, 4859 Beeson Farm, Sophia, said that he anticipates building his own home on tract #5 in his retirement. The other two tracts will be given to his children. He said that the current road is gravel but he plans to build a good private road there. On motion of Davis, seconded by Frye, the Board unanimously approved the request of Chuck Powell. 4. J & T LAND AND TIMBER, Seagrove, is requesting that 20.43 acres located on Fuller Mill Road North, Lake Reese Watershed, Tabernacle Township, be rezoned from RA to RLOE-CU for a 3 -lot subdivision for site -built homes only with a minimum house size of 1,400 sq. ft. The Planning Board recommended unanimously that this request be approved as consistent with the Growth Management Plan. Jerry King, surveyor, said that Davidson Water is availble to this site and that each lot will have a well and septic tank. He said that the lots will be sold. An erosion control plan has been filed. On motion of Mason, seconded by Davis, the Board unanimously approved the request of J & T. Land & Timber. 5. RAY & LOIS SIMPSON, Gerton, North Carolina, are requesting that 10.19 acres located on Soapstone Mountain Road, Sandy Creek Watershed, Columbia Township, be rezoned from RA to RLOR-CU for the redivision of Lot # 2, Maple Ridge Subdivision, into 2 lots for site -built homes, modular homes or Class -A doublewide mobile homes on permanent masonry foundation with a minimum house size of 1,200 sq. ft. The Planning Board recommended unanimously that this request be approved as consistent with the Growth Management Plan. Jerry King, surveyor, said that there is a 5.2 -acre average lot size for this proposed plan and a good set of restrictions have been developed. Ted Fulk, 2151 Soapstone Mtn. Rd., said that this was a beautiful piece of property. He said he was disappointed when Mr. Lanier put an old single -wide and a double -wide on the 10 -acre adjoining tract that the Board had recently approved. He said that he been before the Board a lot in the last few years and he's concerned about his neighborhood. He said that many others had come before the Board wanting to come in and mess up the neighborhood and the Board voted them down. He hopes they will be consistent and work together for their community. He said that there should be a cutting off point on development that includes single- and double-wides. He hopes they deny this request. Hazel Kimrey, 6844 Sandy Creek Church Rd., Staley, said that double-wides were going in around them with no rhyme or reason. She said that Mr. Lanier planted trees as a required buffer on his property but the weeds were taller than the trees. She asked the Board to deny the request because they keep getting mobile homes in the area. She said she's not going away—she'll keep coming back to oppose development in this area. She said that people divide a large tract and then come back later and divide again to avoid zoning restrictions and that this isn't right. On motion of Holmes, seconded by Frye, the Board unanimously denied the request of Ray and Lois Simpson . Mr. Johnson stated that he will check on Mr. Lanier's buffers that Ms. Kimrey spoke about. Adjournment The meeting adjourned at 8:30 p.m. Phil Kemp, Chairman J. Harold Holmes Robert O. Mason 9 Darrell L. Frye Robert B. Davis Cheryl A. Ivey, Deputy Clerk to the Board