020501February 5, 2001
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, N.C. Commissioners Kemp,
Davis, Holmes, Frye and Mason were present. Rev. Billy Jarrett, Flag Springs Methodist Church, Asheboro,
gave the invocation, after which everyone recited the Pledge of Allegiance.
Consent Agenda
Chairman Kemp announced that Item E. Appoint Norris Greenlee to the Board of Health (3 -year term)
had been added to the consent agenda.
On motion of Frye, seconded by Mason, the Board unanimously approved the consent agenda as
follows:
approve minutes of January 8, 2001;
reappoint Isaac Ferguson and appoint Randy Kirkman to 3 -year terms on the Liberty Planning Board;
appoint Barbara Mroczkowski to a 3 -year term on the Work First Appeals Committee;
adopt proclamation honoring Bobby Labonte as follows:
WHEREAS, Bobby Labonte has won the 2000 NASCAR Winston Cup Series Championship; and
WHEREAS, in the 2000 season, he scored 4 wins, including the prestigious Brickyard 400 (Indianapolis), posted
19 top -five finishes and 24 top -ten finishes; and
WHEREAS, his final point total of 5,130 during the 2000 season is the third highest total ever recorded in the
modern era; and
WHEREAS, out of 258 career starts, he has collected 16 wins, 75 top -five finishes and 122 top -ten finishes; and
WHEREAS, he is the first driver to win a championship in each ofNASCAR's top divisions: Winston Cup Series
2000 and Busch Series 1991; and
WHEREAS, he joins older brother Terry, a two-time NASCAR Winston Cup Series champion, as the only brothers
to have won championships in the 52 year history of the sport; and
WHEREAS, Bobby Labonte has brought recognition to Randolph County through his 2000NASCAR Winston Cup
Series championship and his numerous other racing accomplishments;
NOW, THEREFORE, BE IT PROCLAIMED by the Randolph County Board of Commissioners that we
acknowledge the talents, skills, teamwork, sportsmanship, and successes of Bobby Labonte, and, on behalfofour citizens,
we do hereby extend this expression of our pride in this prestigious milestone.
,;�, appoint Norris Greenlee to a 3 -year term on the Board of Health.
Order Approving Audit of Annual Rate Increase for Time Warner, Inc.
Dave Harris, Piedmont Triad Council of Governments telecommunications consultant, explained that
cable operators may request rate adjustments each December, using formulas provided by the FCC to calculate
adjustments. The County Commissioners, as the franchising authority, may approve or disapprove the audit of
these calculations. Mr. Harris stated that his audit of Time Warner, the sole cable operator in Randolph County,
has shown that Time Warner's calculations for requested rate adjustments are consistent with applicable FCC
rate regulation rules.
On motion of Davis, seconded by Holmes, the Board voted unanimously to approve the following
ORDER APPROVING PIEDMONT TRIAD CO UNCIL OF GOVERNMENTS' A UDIT OF THE CABLE RATE
ADJUSTMENT FOR TIME WARNER CABLE.
WHEREAS, the County of Randolph ("County') has been duly certified by the Federal Communications
commissioner to regulate cable rates for Time Warner Cable within the County and as may be further defined in the
current Cable Television Ordinance and Franchise Agreement; and
WHEREAS, on September 29, 2000, Time Warner Cable filed Federal Communications Commission ("FCC')
Forms 1205 and 1240, with the County, requesting a rate adjustment as provided for in the currentprovisions ofthe FCC
regulations; and
WHEREAS, the aforementioned FCC forms have been examined by the Piedmont Triad Council of Governments in
accordance with an agreement between the Piedmont Triad Council of Governments and the County; and
WHEREAS, the calculations and justifications for the requested rate adjustments were found to be consistent with
applicable rate regulation rules as published by the Federal Communications Commission;
NOW THEREFORE THE RANDOLPH COUNTYBOARD OF COMMISSIONERS DOTH ORDER: The rates
for regulated basic programming services for Time Warner Cable are as set forth in the aforementioned FCCForms and
as reiterated below:
Basic Programming Service (Archdale System) $8.48 Basic programming Service (Randolph System) $8.96
Converters (Addressable) $4.22 Converters (non -addressable) $ .93
Remote $ .28 New Connect $27.16
Reconnect $23.98 Additional outlet (same trip) $15.70
Additional outlet (separate trip) $20.86 Trip charge $28.39
Hourly service charge $28.39
Introduction of New Greensboro News & Record Reporter
Chairman Kemp recognized and welcomed Justin Hayes, new reporter for the News & Record.
Revaluation Update
Ben Chavis, Tax Supervisor, announced that valuation notices were being mailed this week to all Randolph
County property owners. He also introduced Debra Hill, Tax Appraiser, who distributed valuation notices to the
Board, County Manager, and County Attorney. Mr. Chavis presented a PowerPoint presentation on revaluation,
and explained the process used in arriving at the new values, where the revaluation process is currently, how
things will proceed over the next several months, and the impact of this revaluation. The presentation also
showed statistical information regarding the steady market value increases since 1993. He also detailed the
appeals process and noted that there was one $20,000 exemption available for qualifying senior citizens. He
stated that our current legislature is looking at changing this part of the statute in order to make it easier for
more senior citizens to qualify for this exemption. Debra Hill then reviewed the changes in the new tax notice
forms.
Reauest for Two Additional Telecommunicator Positions and Budget Amendment
Neil Allen, Emergency Services Director, explained that he is requesting 2 additional telecommunicator
positions at the 911 Center and cited a 47.7% increase in the number of calls to the 911 Center since 1993 along
with a 30% increase in the amount of public safety personnel radio traffic as the reasons for his request. He
stated that the extra personnel will allow the 911 Center to add one person each day during the times of highest
call volume. The cost to hire two Grade T 1 telecommunicators for the remainder of the current year to include
salary and benefits would be $23,268. The cost for one full year would be $62,046.
On motion of Mason, seconded by Holmes, the Board voted unanimously to allocate 2 telecommunicator
positions at Grade Tl, effective February 15, 2001, and approved Budget Amendment #31 to the FY2000-2001
Annual Budget, as follows:
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GENERAL FUND - #31
Emergency Services
23,268
Revenues
Increase
Fund Balance Appropriated
23,268
Offer to the County from D.O.T. to Buy Land at Social Services
David Townsend told the Board that N.C.D.O.T. plans to widen N. Fayetteville St. and has asked to buy
0.19 acre of County property located on the east side of Fayetteville St. at our Social Services office for this
purpose and added that the existing driveway at Social Services would not be affected. They have offered
$54,150 for the land and will also pay $3,700 for two freestanding signposts to be relocated. The loss of this
area of land will not change any of the County operations at Social Services.
On motion of Davis, seconded by Frye, the Board voted unanimously to accept the offer from D. O. T. for
$54,150 for the 0.19 acre of land at Social Services, and authorized Chairman Phil Kemp to sign the deed and
any related paperwork needed to effectuate this deal pending approval by the County Attorney.
Randolph County Schools Acquisition of Property
Worth Hatley told the Board that due to the widening of Hwy. 64, a driveway was lost at Ramseur School.
School officials have negotiated with Hardees restaurant which adjoins the school for 0.7 acre of land in order to
separate bus traffic from automobile traffic and to provide access to Brady Drive. Hardees has agreed to sell the
property for $30,000 and an appraisal from Ben Ramsey supports this asking price. Mr. Hatley stated that funds
are available in the county schools' budget for this purchase.
On motion of Frye, seconded by Holmes, the Board voted unanimously to authorize the Randolph County
Board of Education to purchase 0.7 acre of land from Hardees restaurant for $30, 000 for use at Ramseur
School.
Reauest for Approval of Governor's Crime Commission Grant Applications for Dav Reporting Center
Pam Hill, Director of the Randolph County Day Reporting Center, explained to the Board that she is
requesting a grant through the Governor's Crime Commission for $53,250 each year for 2 years which would
require a local County match of $17,750 each year for two years in order to provide needed services for
psychiatric evaluations, assessing and prescribing medication, and psychiatric treatment. Ray Warburton,
Assistant District Attorney, and Judge William Neely spoke in support of the Day Reporting Center.
On motion of Mason, seconded by Frye, the Board voted unanimously to approve the submission of the
Governor's Crime Commission Grant application which, if awarded, would require a local County match of
$17, 750 for two years, totaling $35,500.
Reauest for New Position in Sheriffs Department to Facilitate Transition Process at New Courthouse
and Budget Amendment
Major Allen McNeill, Chief Deputy, told the Board that according to N.C. G. S. 17E, it is the responsibility of
the Sheriff to provide courthouse security and Major Mcneill then presented to the Board a preliminary staffing
analysis and facility transition plan for the new courthouse. Additional deputies will be required because of the
new courthouse design and enhanced security features, and those new deputies will need to be trained on
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courthouse security and operation of the new complex. Major McNeill stated that a new position would need to
be established immediately in order to facilitate this transition process. The new employee would begin forming
a transition plan as directed by the Sheriff's transition team and the Courthouse Advisory Committee, write the
building procedures manual and the Sheriff's standard operating procedure for personnel, recruit new deputies
and develop and implement their training plan. He/she would become familiar with all aspects of the new
courthouse, its design and function, and specifically, with its security systems. When the new courthouse opens
at the end of this year, this person will become the Sheriff's head of security for the new courthouse but will
remain under the Sheriff's rank structure.
On motion of Frye, seconded by Davis, the Board voted unanimously to approve a new position in the
Sheriff's Department to facilitate the transition process at the new courthouse and approved Budget
Amendment # 32 which funds a position at lieutenant's rank, Grade 170, with a cost of $26,083 to be effective
February 5, 2001 for the remaining months of this fiscal year as follows:
GENERAL FUND - #32
Appropriations
Increase
Sheriff & Jail
26,083
Revenues
Increase
Fund Balance Appropriated
26,083
Request for New Finance Office Position
Will Massie, Deputy Finance Officer, stated that there is a need in the Finance Department for grant
management and internal auditing; however, there is not enough available time to add these duties to the duties
of current personnel. In order to obtain an additional finance person without using more County resources, Mr.
Massie proposed two changes that will save enough money to annually provide funding for an additional person.
First, there is an insurance plan available which can limit our costs of equipment maintenance. Instead of
paying the original vendor for a standard maintenance contract, we would pay for direct time and materials when
we need work done on certain types of equipment. An insurance contract would pick up any excess costs over
the specified deductible. Anticipated savings are over $18,000 a year with this arrangement, which could begin
in March. Second, he proposed replacing the existing Accounting Supervisor position (grade 71) with an
Accounting Technician III (grade 63). The current supervisor just recently left the County and her
responsibilities are being reassigned which will save the County nearly $14,000. These two changes will provide
enough annual savings to hire an accounting specialist with sufficient skills to handle our internal audit and grant
management duties.
On motion of Holmes, seconded by Frye, the Board voted unanimously to implement the insurance
approach for equipment maintenance and to hire an Accounting Specialist I at salary grade 67 effective 215101.
Adoption of Resolution Setting Public Hearing on the Closing of Harbor Lane and a Portion of
Riverview Place
Aimee Scotton, Staff Attorney, told the Board that the Piedmont Triad Regional Water Authority has
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requested that the Commissioners act to permanently close Harbor Lane and Riverview Place from its
intersection with Harbor Lane in a northerly direction for approximately 490 feet. The Water Authority has
purchased all of the property adjoining Harbor Lane and adjoining this portion of Riverview Place. (This area
will be part of the Randleman Lake when it is built.) N.C.G.S. 153A-241, which outlines the procedure for
closing a public road or easement, requires the Board of Commissioners to adopt a resolution declaring their
intent to close the road and set a public hearing on the question.
On motion of Frye, seconded by Holmes, the Board unanimously adopted the following resolution:
WHEREAS, the Piedmont Triad Regional Water Authority was formed for the ,purpose of
,purchasing land, constructing and operating a water supply reservoir, known as Randleman Lake,
and
WHEREAS, the Piedmont Triad Regional Water Authority has ,purchased all of the ,property
necessary to construct the project that adjoins Harbor Lane (#P7758309) from Walker Mill Road to
its intersection with Riverview Place (#P7748444) in Randolph County; and
WHEREAS, the Piedmont Triad Regional Water Authority has ,purchased all of the ,property
necessary to construct the ,project adjoining Riverview Place (#P7748444); and
WHEREAS, G.S. 153A-241 authorizes that the County Board of Commissioners may
,permanently close any ,public road not under the control of the North Carolina Department of
Transportation; and
WHEREAS, the Piedmont Triad Regional Water Authority has requested that the Randolph
County Board of Commissioners, permanently close Harbor Lane (#P7758309) and, permanently
close Riverview Place (#P7748444) from its intersection with Harbor Lane in a northerly direction
for approximately 490 feet;
NOW, THEREFORE, BE IT RESOL VED that the Randolph County Board of Commissioners does
hereby declare its intent to ,permanently close Harbor Lane (#P7758309) and to ,permanently
close Riverview Place (#P7748444) from its intersection with Harbor Lane in a northerly direction
for approximately 490 feet and does hereby set a ,public hearing on this matter at 4:30 p.m. on
March 12, 2001.
Budget Amendment - Health
Frank Willis explained that the Health Department has received continuation funding for the Rural
Obstetrical Care Incentive Program in the amount of $14,915. These funds are used to assist local physicians
with their liability insurance premium in return for their seeing Medicaid and low-income women for prenatal
care.
On motion ofHolmes, seconded by Mason, the Board unanimously approved BudgetAmendment#33 to the
Fiscal Year 2000-2001 Annual Budget, to reflect funding received for the Rural Obstetrical Care Incentive
Program at the Health Department as follows:
GENERAL FUND - #33
Appropriations
Increase
Public Health
14,915
Revenues
Increase
GENERAL FUND 433
Restricted Intergovernmental Revenues 14,915
Budget Amendment - Social Services
On motion ofMason, seconded by Holmes, the Board unanimously approved BudgetAmendment #34 to the
Fiscal Year 2000-2001 Annual Budget, to reflect funding received for the Crisis Intervention Program from the
Division of Social Services as follows:
GENERAL FUND - #34
Appropriations
Increase
Social Services
44,655
Revenues
Increase
Restricted Intergovernmental Revenues
44,655
Report and Approval of Randleman Lake Storm Water Management Plan
Hal Johnson, Planning Director, reminded the Board that on December 6, 1999, the Board of County
Commissioners adopted the Randleman Lake Watershed Protection Ordinance as mandated by the N.C.
Environmental Management Commission. This was the first phase in meeting the requirements of the
Randleman Lake Watershed Protection Rules. On February 9, 2000, the Water Quality Committee at the N.C.
Environmental Management Commission approved this Ordinance. Randolph County is now in the second
phase of meeting the Randleman Lake Watershed Protection Rules as outlined in our Ordinance. This phase
requires the local governments having jurisdiction within the Randleman Lake Watershed to develop a
comprehensive storm water management plan that covers the watershed. This plan was prepared in cooperation
and coordination with nine local governments having jurisdiction in the watershed. The Randolph County Storm
Water Management Plan has been reviewed and given preliminary approval by the Water Quality Committee at
the N.C. Environmental Management Commission. Final approval of the plan will be granted by the
Environmental Management Commission after a motion of approval by the Board of County Commissioners.
On motion of Frye, seconded by Holmes, the Board voted unanimously to approve the Randleman Lake
Storm Water Management Plan as presented.
Citizen Concern
Chairman Kemp recognized Kenneth Owen who wished to address the Board. Mr. Owen stated that we
need lower taxes in Randolph County and that a 40% increase in values is too much, especially for our senior
citizens. He also stated that there was a recent article in the Greensboro News & Record about the County
spending about $4.7 million less than was budgeted in fiscal year 99-00. He hopes that the County won't
squander this money on things that are not really needed and that this extra money is put to good use. Mr.
Owen also had concerns about the decision to delay the opening of the new Uwharrie Middle School for a full
school year rather than opening it during the new school year. He cited the problem of all the mobile classrooms
at Farmer School and Southwestern Randolph Middle School.
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Alan Pugh, County Attorney, told Mr. Owen that construction was delayed because adjacent land owners
took the County to court about the location of the school.
Commissioner Davis added that another delay was due to environmental testing that was required.
Commissioner Frye stated that he raised some of the same concerns as Mr. Owen to the School Board and
was told that the decision to delay was made after garnering input from parents of the students who will be
attending the school.
Mr. Owen commended the Board for their work.
Mr. Kemp thanked Mr. Owen for voicing his concerns and asked him what he thought about a 4 -year
revaluation cycle rather than the current 8 -year cycle.
Mr. Owen stated that he thought a 4 -year cycle would be a good idea.
Rezoning Public Hearing
At 6:30 p.m. the Board adjourned to a duly advertised public hearing to consider rezoning requests. Hal
Johnson, Planning & Zoning Director, 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. Mr. Johnson stated
that the request of Guy Steed had been withdrawn.
Todd Schwarz, Asheboro, North Carolina, is requesting that .77 acre located at 3852 US Hwy. 64 East,
Franklinville Township, be rezoned from Residential Restricted to Highway
Commercial/Conditional Use. The Conditional Use Permit would specifically allow a novelty/retail sales
shop created from existing buildings and a rental house. The Planning Board recommended unanimously
that this request be approved.
Ken Davidson, Asheboro, representing the Schwarz family, spoke in support of the request
On motion of Davis, seconded by Mason, the Board voted unanimously to approve the request of Todd
Schwarz.
2. John Brinkley, Archdale, North Carolina, is requesting that .62 acre located at 5947 Kennedy Road, Trig
Township, be rezoned from Residential Mixed to Highway Commercial/Conditional Use. The Conditional
Use Permit would specifically allow the property to be used for storage of antique vehicles, with the existing
building being replaced by a 40'x 80' building.
John Brinkley, 324 Greg St., Archdale, North Carolina, told the Board that he will be storing vehicles
in the building and no work would be done on the property.
Randy Coble, 3416 Mountain View Rd., Archdale, North Carolina, said that he is an adjoining property
owner and he wants some assurance that no junked vehicles will be stored outside the building.
Hal Johnson stated that the Conditional Use Permit would not allow outside storage.
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On motion of Frye, seconded by Holmes, the Board voted unanimously to approve the request of John
Brinkley.
3. McDowell Timber Company, Asheboro, North Carolina, is requesting that 164.32 acres located on Jackson
Creek Road, Concord Township, be rezoned from Residential Agricultural to Residential
Exclusive/Conditional Use. The Conditional Use Permit would specifically allow the applicant to develop a
residential subdivision of 28 lots for site built homes only with a minimum house size of 1,800 sq. ft. The
Planning Board considered this request on July 11, 2000 and recommended unanimously that this request be
denied. Mr. McDowell asked for his request to be withdrawn from the scheduled August County
Commissioners meeting public hearing due to his intent to resell the property as a single tract. Mr.
McDowell later advised the Planning office that his effort to resell the property was not successful and now
asks that the County Commissioners hear his original request for development. Mr. Johnson stated that the
property is not in a watershed but is in a Class A flood zone.
Ken McDowell, 1926 Old Humble Mill Road, Asheboro, North Carolina, spoke in support of his request
and compared it to the adjoining River Bluff Estates. He said that he had a soil scientist evaluate
the property and that this person assisted him in laying off the lots. He said that he will not put any septic
tanks in the flood plain. He said that he has met with D.O.T. engineers and that the sight distance is not a
problem. There will be the main entrance to the subdivision along with one lot having a separate entrance.
This separate entrance is already an existing driveway which is used as a "turn -around" for school buses. He
also stated that horses will be allowed on any lots at or above 5 acres and that barns and fencing will have to
meet strict specifications. Mr. McDowell stressed that there may ultimately be less than 28 lots but wanted
approval for the maximum.
Robert Spencer, Asheboro, stated that he would like to see this very rural area stay rural. He has concerns
about some of the small lot sizes and the increased traffic on the narrow and winding road.
Roger King, 5225 Jackson Creek Road, Asheboro, stated that he lives 200 ft. north of this property, and
has lived here for 23 years. His concerns are of density incompatibility within the area and that a
good part of the property is in a flood zone. His also has concerns about traffic flow problems now and that
it will increase with the opening of the new Unwharrie Middle School. Sight distance at the proposed
entrance is not good and there are a lot of recreational vehicles pulling boats on this road heading for Lake
Reece. He stated that he has a 500 ft. well and that this new development could put a severe strain on the
water table. He questions whether the fire department is equipped to handle the additional homes. He also
mentioned that Mr. McDowell opposed a rezoning request in the same area in 1998 and cited the same
concerns that have been raised tonight.
About 20 people stood in opposition to the request
Kevin King, 5048 Hoover Grove Rd., Asheboro, stated that he is opposed to this request because this
development would take resources away from farmers. He asked Mr. Johnson what the Planning
Board based their decision on when they recommended denial. Mr. Johnson said that their decision was due
to the entrance being on a curve and hill, lots would be draining into 2 creeks and the lot sizes were too
intense for the area.
On motion of Davis, seconded by Frye, the Board voted unanimously to deny the request of Ken McDowell.
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4. Thomas & Ricky Britt, Asheboro, North Carolina, are requesting that 73.80 acres (out of 137.91 acres)
located on Iron Mountain Road, Grant Township, be rezoned from Residential Agricultural to Residential
Exclusive/Conditional Use. The proposed Conditional Use Zoning Permit would specifically allow the
development of a 25 -lot subdivision for site built homes only with a minimum house size of 1,800 sq. ft. The
Planning Board recommended that this request be approved.
Thomas Britt, 997 Iron Mountain Rd., Asheboro, North Carolina, spoke in support of his request and
said that he plans to build a home for himself beyond the last lot in the development.
Rick Britt stated that they have left all of the timber except for what had to be cut for the road.
On motion ofMason, seconded by Holmes, the Board voted unanimously to approve the request of Thomas
& Ricky Britt.
There being no further business, the Board adjourned at 7:40 p.m.
Phil Kemp, Chairman
Robert O. Mason
J. Harold Holmes
Darrell L. Frye
Robert B. Davis
Cheryl A. Ivey, Deputy Clerk to the Board