040599April 5, 1999
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 Frye, Kemp,
Davis, Holmes and Mason were present. Invocation was given by Rev. Dwight Ayers, Chaplain for the
Sheriff=s Department, and everyone recited the Pledge of Allegiance.
Recognition of Retirees
On behalf of the Board, Chairman Frye presented a retirement plaque to Geraldine Allred, Sheriff=s Office,
who is retiring after 26 years of service. He read and presented a proclamation of appreciation to Maria Bliss,
Director of Elections, who is retiring after 16 years of service.
Consent Agenda
On motion of Davis, seconded by Mason, the Board unanimously approved the consent agenda as
follows:
X approve regular and closed session minutes of March 8, 1999;
X appoint Marcia Daniel to replace Angela Moore on the Workforce Development Board (term expiring
June, 2001);
X reappoint Larry Brown to the Industrial Bond Authority (6 year term);
X reappoint Stephanie Dobbins, Ken Jordan, and Joann Wells to the Nursing Home/Adult Care Home
Community Advisory Committee (3 -year terms);
X reappoint John Waugh, Frank Fields, and James Dalton Bowman to the Climax Fire Protection District
Commission (appointed jointly with Guilford County - 2 -year terms);
X reappoint William Oliver Collier, Glenn Flinchum, and Glenn Gilmore, Jr. to the Julian Fire Protection
District Commission (appointed jointly with Guilford County - 2 -year terms);
X appoint John Wicker as an ETJ member of the Asheboro Planning Board to replace Tom Mullinax, who
resigned (term expiring January, 2001);
X approve the following resolution:
WHEREAS, the Department of Transportation has investigated Taylor Woods Lane in the MurphyAcres Subdivision, Section
Two; and
WHEREAS, the subject street has been found to meet minimum requirements for addition.
NOW, THEREFORE, BE IT RESOLVED by the Randolph County Board of Commissioners that Taylor Woods Lane in the
Murphy Acres Subdivision, Section Two be added to the Division of Highways= Secondary Road System.
X adopt the following proclamation:
WHEREAS, America faces many challenges as our nation nears the 21st century, and meeting those challenges
successfully lies with the county form ofgovernment,- and
WHEREAS, county government leaders are committed to improving the communities in which citizens live, work, play and
raise families; and
WHEREAS, county governments are the nations health safety net, providing hospital and health services to the poor and
indigent; and
WHEREAS, county government is leading the fight to end violence and reduce crime through programs and policies in pursuit
Of solutions to help our nations troubled youth; and
WHEREAS, county government is using the Internet and other innovative technologies to improve the lives of all citizens; and
WHEREAS, county government is flexible and adaptive in providing services directly to the individual people who receive
them, and are able to provide county -wide and regional solutions to the most pressing of challenges; and
WHEREAS, Americas counties are Americas future, and the contributions made and the leadership offered by our nation
counties should be recognized;
NOW, THEREFORE, be it resolved by the Randolph County Board of Commissioners thatall counties should join together in
one voice in proclaiming April 18-24, 1999 as National County Government Week.
X adopt the following proclamation:
WHEREAS, every individual, family and community in America has the right to live free from fear and harm; and
WHEREAS, while most crimes continued to decrease in our nation in 1998, U.S. residents still experienced nearly 35 million
criminal victimizations, including nearly 9 million violent crimes; and
WHEREAS, the victims= rights discipline and countless individual victims have worked over a quarter of a century to ensure
victims= voices are heard throughout our justice system and in communities concerned with safety; and
WHEREAS, over 30, 000 federal and state laws have been passed that define and protect the rights of crime victims, with over
10, 000 national, state, and local agencies today providing support and services to victims of crime; and
WHEREAS, during 1999 National Crime Victims=Rights Week, the powerful voices of victims and those who serve them will
be commemorated with the theme AVictims= Voices: Silent No More= and
WHEREAS, the voices of victims offer us important insights into the personal pain and loss thatvictims endure, and are voices
that deserve our nations attention and respect;
NOW, THEREFORE, BE IT RESOLVED that Randolph County proclaims the week of April 25 to May 1, 1999 to be
Randolph County Crime Victims=Rights Week.
BE IT FURTHER RESOLVED that we recognize the valuable contributions made this year by crime victims and advocates
who diligently promote justice for all, and offer strong voices for personal andpublic protection and safety.
Surplus Property Sale
Jane Leonard, Deputy Finance Officer, presented a list of personal property reported to the purchasing
office as no longer needed or usable by County departments.
On motion of Kemp, seconded by Holmes, the Board approved the following resolution (list of surplus
items attached at end of minutes):
WHEREAS, Randolph County has in its possession the attached list of surplus personal property; and
WHEREAS, Randolph County deems it advisable to declare surplus and dispose of this property;
NOW, THEREFORE BE IT RESOLVED that Lisa D. Owens, Purchasing Technician and Jane H. Leonard, Deputy Finance
Officer, are authorized by the Randolph County Board of Commissioners to dispose of this property by public auction on Saturday,
April 24, 1999 at 10: 00 a. in. in the parking lot of the Old Rest Home.
BE IT FURTHER RESOLVED that the terms of sale shall be cash, certified check, cashiers check or personal check, and
that for all items over $200.00 a minimum of 10% deposit shall be required on the day of the sale to hold the bid for a maximum of
five (5) working days following the sale. All sales will be final and all items are sold Aas is, where is with all faults.
BE ITFURTHER RESOL VED that all balance due payments shall be made by 5: 00p. m. on the Friday following the sale
in the Randolph County Purchasing Office, 725 McDowell Road, Asheboro, NC 27203, and that any bid depositpreviouslypaid shall
be forfeited if the balance due is not received by 5: 00 p.m. on the Friday following the sale. Items purchased may not be removed
from the County s premises until payment in full is made.
BE IT FINALLYRESOLVED that the County reserves the right to add items whose estimated total does not exceed $500.00
to the list to be sold prior to the auction and also the County reserves the right to remove any item from the list of items to be sold
prior to the auction. The County reserves the right to dispose of any items that does not sell at the auction by the appropriate method.
Bid Award for Social Services Computers
Jane Leonard, Deputy Finance Officer, stated that informal bids had been received for 12 computers to be used with
the current networking system in Social Services. The following bids were received: Dell Computers, $20,772; Gateway
2000, $19,596; and Micron Electronics, $20,796.
On motion ofMason, seconded by Holmes, the Board unanimously awarded the bid to Gateway 2000, the low
bidder, for a total of $19,596
Construction Contracts for Storage Buildings for Maintenance and Sheriff Departments
David Townsend, III, Public Works Director, stated that he had worked with Bill McDaniel, Maintenance Supervisor,
to locate two sites on County -owned property for two new storage buildings for the Maintenance Department and the
Sheriff=s Office.
As part of the courthouse renovations project, the Maintenance Department will need to relocate their equipment and
vehicles from the basement of the 911 building to their new facility, which will be located between the old County Home and
the McDowell Center off Fayetteville Street. This project includes a 120'x 60' metal building, a 20' wide shed, and a fenced
area for equipment storage, for a total approximate cost of $102,000. Grading and fencing will be separate contracts and
were not included on bids received for the building construction contract. The following quotes were received for the
Maintenance storage building: Pritchard Construction, $77,500; Asheboro Construction, $79,300; Myrick Construction,
$80,128; S. E. Trogdon & Sons, Inc., $83,814; J & J Builders, Inc., $84,000.
The Sheriff=s storage building will be located off of New Century Drive, on the eastern side of the street
across from the Randolph County Office Building. This project includes a 125'x 60' metal building, secured
fencing, gravel, grading, concrete pads, and wash down areas, for a total approximate cost of $120,000. The
following quotes were received for the Sheriff=s storage building only: Pritchard Construction, $72,400;
Asheboro Construction, $76,500; S. E. Trogdon & Sons, Inc., $76,883; Myrick Construction, $81,656; J & J
Builders, Inc., $86,000.
On motion of Kemp, seconded by Holmes, the Board unanimously awarded two contracts to Pritchard
Construction: Maintenance Department storage building, at $77,500, and Sheriffs Department storage
building, at $72, 400; and they authorized the County Manager to sign these contracts.
Contract for Grinding of Wood Waste
David Townsend, III, Public Works Director, reported that a request for proposal had been sent to
vendors for grinding (2 times per year) all the wood waste the County receives in a 3 -year period. The
following bids were received: TODCO, Inc. of Lexington, $305,962.50; Richard Banks Trucks and Grading of
Marion, $307,347; Henson=s, Inc. of Tryon, $347,062.50; EJE Recycling, Inc. of Greenville, $465,900;
Mapco, Inc. of Asheboro, NO BID; Wright=s Grading of Ramseur, NO BID. Mr. Townsend stated that
TODCO has been serving Randolph County for the past 18 months and has been a very good contractor to
work with. He recommended the contract go to TODCO, Inc., the low bidder.
On motion of Davis, seconded by Mason, the Board unanimously awarded the woodgrinding contract to
TODCO, Inc. at $101,98 7.50for the annual cost and $305, 962.50 for the total contractprice, and authorized
the County Manager to sign the contract.
Solid Waste Service Operations Contract
David Townsend, III, Public Works Director, explained that the County must have a contract with a
vendor to provide operational services for all the areas of the solid waste facility outside the transfer station
(white goods area, scrap tire area, wood waste area, construction and demolition area, as well as maintaining
gravel roads and grounds and policing the entire facility). Bids have been received for a 3 -year contract for
these services, as follows: Mapco, Inc., $178,467.60 per year; Wright=s Grading, $200,617 per year; Mace
Grading Company, Inc., $234,423 per year.
On motion of Mason, seconded by Holmes, the Board unanimously awarded a contract to Mapco, the
low bidder, for $178,46 7.60 per year, a total contract amount of $535,402.80, and authorized the County
Manager to sign the contract.
Leasing of Office Space for District Court Judges and District Attorney
David Townsend, III, Public Works Director, reported that he and his staff have, after several months of
searching, have finally found two rental locations that can meet the needs of the offices of the District Attorney
and the District Court Judges and that have met with their approval. They are all currently housed in the
Auman House, which will be torn down to make way for the new courthouse project. The County intends to
lease 3,145 square feet of space at 21 S. Fayetteville Street for the Judges, for $2,500 per month. The space is
available now, but the County must do some extra cabling in these offices to comply with requirements of the
Administrative Office of the Courts. The County also intends to lease 3,540 square feet of space at 100 Sunset
Avenue for the D.A. and his staff, for $2,800 per month. The County must also provide additional wiring for
these offices, and this space will be ready by mid-May. Funds to cover these leases were included in the
Courthouse Capital Project budget.
On motion of Kemp, seconded by Davis, the Board unanimously approved leasing the described space
for the District Court Judges at $2,500 per month and authorized the County Manager to sign the lease
agreement.
On motion of Davis, seconded by Holmes, the Board unanimously approved leasing the described space
for the District Attorney at $2,800 per month and authorized the County Manager to sign the lease
agreement.
Litter Sweep
David Townsend, III, Public Works Director, advised that the Public Works Department is proposing to
join forces with the NC Department of Transportation on their annual roadside cleanup project called ALitter
Sweep,— to be held between April 17 and April 30. D.O.T. will provide trash bags, safety vests, and gloves to
any group wishing to participate. Mr. Townsend said he would like to waive the tipping fee for any debris
brought to the solid waste facility from Litter Sweep.
On motion of Kemp, seconded by Mason, the Board unanimously approved waiving the tipping fees for
debris collected as part of Litter Sweep.
Revision of Resolution for Glenola Water Proiect
David Townsend, III, Public Works Director, reported that the resolution that the Commissioners
adopted November 2, 1998 concerning the Glenola water project was submitted to the Public Water Supply
Section, who sent it to the Local Government Commission (LGC). The LGC has asked for a minor revision
to the resolution concerning the repayment of principal and interest on the debt.
On motion of Holmes, seconded by Davis, the Board unanimously adopted the following revised
resolution:
WHEREAS, The Federal Clean WaterActAmendments of 1987, Federal Safe Drinking WaterActAmendments of 1996, and
the North Carolina Clean WaterRevolving Loan & GrantAct of 1987 have authorized the making of loans and grants to aid eligible
units of government in financing the cost of construction of wastewater treatment works, wastewater collection systems, and water
supply systems; and
WHEREAS, the County of Randolph has need for a water supply system to provide water service to about 250 residences in
the Glenola area that have some contaminated wells and having no water system in this area of its own; and
WHEREAS, the County of Randolph intends to construct this system through contract with Davidson Water, Inc. and to
request state loan assistance for the project;
NOW, THEREFORE, BE IT RESOLVED by the Commissioners of the County of Randolph that:
The County of Randolph will arrange financing for all remaining costs of the project, if approved for a State loan award.
The County ofRandolph will set the rates through a Water Services Agreement between the County and Davidson Water, Inc.
Randolph County=s source of repayment of the loan will be through various sources including but not limited to revenues from
Davidson Water, Inc. to serve this project area. The schedule of fees and charges will provide adequate funds for proper operation,
maintenance, and administration of the system and the repayment of all principal and interest on the debt.
The governing body of the County of Randolph agrees to include in the loan agreement a provision authorizing the State
Treasurer, upon failure of the County of Randolph to make scheduled repayment of the loan, to withhold from the County of
Randolph any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay all sums
then due and payable to the State as a repayment of the loan.
The County of Randolph will provide for efficient operation and maintenance of the project on completion of construction
thereof.
William F. Willis, County Manager, or any successor so titled, is hereby authorized to execute and file an application on behalf
of the County of Randolph with the State of North Carolina for a loan to aid in the construction of the project described above.
William F. Willis, County Manager, or any successor so titled, is hereby authorized and directed to furnish such information as
the appropriate State agency may request in connection with such application orproject; to make the assurances as contained above;
and to execute such other documents as may be required in connection with the application.
The County ofRandolph has substantially complied or will substantially comply with all Federal, State, and local laws, rules,
regulations, and ordinances applicable to the project and to Federal and State grants and loans pertaining thereto.
Acquisition of Fred Kearns Property at Courthouse
David Townsend, III, Public Works Director, stated that for several months he and Commissioner Kemp
have attempted to obtain, through trade or purchase, a small parcel of land located within the Courthouse
block. The property, located directly east of the C.W. Henley Building, is only 20'x 94' and has no street
frontage. It is used for rental parking spaces. The building=s exterior wall sits on Mr. Kearns= property line
The County needs to obtain this property so that the City of Asheboro can close the alleyway in that block and
so that we can demolish the Henley Building and build a parking lot. Attempts to negotiate with Mr. Kearns
have failed. Mr. Townsend recommended that the County begin condemnation procedures in order to obtain
this property.
Commissioner Kemp stated that Mr. Kearns= property has a tax valuation of $3,150, but Mr. Kearns=
asking price for selling the parcel to the County was $48,000. He also offered to swap his parcel for two acres
owned by the County on New Century Drive, across from the Randolph County Office Building. Mr. Kemp
stated that neither of these offers is acceptable. Commissioner Kemp noted that Mr. Kearns has been a
member of the Courthouse Advisory Committee and is aware of the County=s need for this property.
Aimee Scotton, Staff Attorney, explained the acquisition by eminent domain procedure for acquiring
property, as prescribed in Chapter 40A of the North Carolina General Statutes. The County must give Mr.
Kearns 30 days notice before filing a complaint. After 30 days, the County may file a complaint, including a
declaration of taking, in Superior Court. The complaint must be accompanied by a deposit of the amount we
estimate to be just compensation for the property. Mr. Kearns will have 120 days to answer the complaint.
Then there are various options he and the County have. The entire process could take several months to be
resolved.
On motion of Kemp, seconded by Davis, the Board unanimously set the amount of $3,150 as just
compensation for the Kearns property and adopted the following resolution:
WHEREAS, the Randolph County Board of Commissioners has approved the construction of a new Courthouse building
along with various improvements to the entire Courthouse area; and
WHEREAS, the approved plans include plans to improve and increase the available parking area for the Courthouse; and
WHEREAS, there is a small parcel of property owned by Fred Kearns and surrounded by property owned by Randolph
County, the acquisition of which is necessary in order for work to begin on the planned improvements mentioned above; and
WHEREAS, attempts by Randolph County to negotiate the purchase of this propertyfromMr. Kearns have been unsuccessful;
and
WHEREAS, Randolph County is authorized by North Carolina General Statutes 94OA-3(b) (2), (6) and 3153A-274(5) to use
the power of eminent domain to acquire property to be used for constructing, enlarging, or improving buildings for use by any
department, board, commission or agency as well as for constructing, enlarging or improving off street parking facilities;
NOW, THEREFORE, BE IT RESOLVED THAT the Randolph County Board of Commissioners hereby authorizes and
directs that the eminent domain procedure, as prescribed by North Carolina General Statute, be used to acquire that parcel of
property referenced above, owned by Fred Kearns and having the tax identification number 7751834044;
BE IT FURTHER RESOLVED that power to oversee the administration of this acquisition by eminent domain is hereby
delegated to Alan V. Pugh, Randolph County Attorney;
AND BE IT FURTHER RESOLVED that the authority be delegated to Vice Chairman PhilKemp to negotiate the purchase of
the property when and if such opportunity arises during the eminent domain procedure.
Application to LGC for Grant Anticipation Notes (Public Building Act of 1996)
Jane Leonard, Deputy Finance Officer, stated that the Randolph County Schools has requested an
advancement on a portion ($4,500,000) of their fourth year state building bond allocation. Currently the State
Treasurer has an excess in bond proceeds because some school systems are not ready for their construction
projects. In order to avoid arbitrage, the State Treasurer and the Department of Public Instruction are allowing
school systems that need to accelerate their projects an advancement on the fourth year allocation if they and
their county commissioners do the following: apply for authorization of a grant anticipation loan and receive
approval from the LGC; agree to complete the grant anticipation loan to return the funds to the state bond fund
within 60 days of notification should a shortfall in bond resources occur prior to the time at which the
allocation was initially scheduled to be made.
On motion of Holmes, seconded by Davis, the Board unanimously approved the following resolution:
WHEREAS, the Public Building Bond Act of 1996 has taken effect and the Board of Commissioners of the County ofRandolph
desires to borrow money for the purpose for which bonds are authorized to be issued by said Bond Act in anticipation of the receipt of
a grant of a portion of the proceeds of the sale of said bonds;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Randolph, as follows:
The maximum aggregate principle amount of notes to be issued is $4,500,000 of negotiable notes, each designated APublic
Building Bond Act of 1996 Grant Anticipation Notes"shall be issued for any portion of said sum so borrowed.
The Chairman of the Board of Commissioners of the County ofRandolph is hereby authorized to fix the rate of interest up to a
maximum interest rate not to exceed seven percent (7%), the place or places of payment, and the denomination or denominations of
the notes.
Each of said notes shall be signed by the Chairman and the Clerk of the Board of Commissioners of the County ofRandolph and
the seal of said County shall be affixed to each of said notes.
The County Manager of the County of Randolph is hereby authorized to make application to the Local Government
Commission of North Carolina for its approval of said notes in the manner prescribed by the Local GovernmentFinanceAct. Said
Local Government Commission is hereby requested to authorize and approve the issuance of said notes and upon request, to sell
the notes in the manner prescribed by said Act. Said notes, when they shall have been executed by said Commission in the manner
provided by law and when they shall have been executed in the manner prescribed by this resolution, shall be turned over to the
State Treasurer of the State of North Carolina for delivery to the purchasers to whom they may be sold by said Commission.
W Commission Request for Designation of Local Official
Aimee Scotton, Staff Attorney, advised the Board that before issuing a retail ABC permit, the ABC
Commission must give notice of the permit application to the governing body of the local government in
which the establishment is located. The governing body then has 15 days to file a written objection to the
issuance of the permit, which the Commission is required to consider before making their decision. Ms.
Scotton noted that 15 days may not be enough time for the governing body to meet, let alone investigate,
determine, and compose a response. For this reason, NCGS 1813-904(f) allows the governing body to
designate an official to make recommendations on ABC permit applications. Ms. Scotton said that the ABC
Commission recently received an application for an ABC permit from a facility in Randolph County, but the
County has never designated an official to make recommendations on ABC permit applications.
On motion of Kemp, seconded by Holmes, the Board unanimously approved the following resolution:
WHEREAS, NCGS 18B -904(f) authorizes a governing body to designate an official, by name or by position, to make
recommendations concerning the suitability of persons or locations for ABC permits; and
WHEREAS, the County ofRandolph wishes to notify the North Carolina ABC Commission of its designation as required by
NCGS 18B -904(f);
BE IT THEREFORE RESOLVED thatAimee Scotton is hereby designated to notify the North Carolina ABC Commission of
the recommendations of the County of Randolph regarding the suitability of persons and locations for ABC permits within its
jurisdiction.
BE IT FURTHER RESOLVED that notices to the County of Randolph should be mailed or delivered to the official
designated above at the following address:
Mailing Address: P.O. Box 4728, Asheboro, NC 2 7204-4 728
Oce Location: 725 McDowell Road, Asheboro, NC 27203
ipointment of Alternate Member to County Planning Board
Commissioner Holmes stated that he may have a name to recommend by the May meeting.
onomic Development Request - TIEPET, Inc.
Bonnie Renfro of Randolph County Economic Development Corporation stated that TIEPET, Inc.,
formerly Tolaram Polymers, is considering a $10,000,000 capital project at its Asheboro plant. The project
would convert the plant from production of polymers used in the textile industry to production of a polyester
product used in the beverage and food industry. The company is requesting $90,000 each from the County
and the City of Asheboro to assist with costs associated with construction of an additional rail
spur($125,000) and booster pump and pump house ($55,000). Ms. Renfro said that with the additional tax
revenue from this project, payback would occur for the County in less than 2 years. She noted that the City
of Asheboro will vote on this request at their next council meeting.
On motion of Kemp, seconded by Davis, the Board unanimously voted to appropriate $90, 000 from the
fund balance of the General Fund during the 1998-99 fiscal year to match the same amount of funds from
the City of Asheboro for TIEPET, Inc. (formerly Tolaram Polymers) and to make this appropriation payable
to TIEPET, Inc. upon satisfaction of the following performance requirements: (1) that the project is 100%
complete and a Certificate of Occupancy has been issued by the City ofAsheboro to the company and (2)
that TIEPET, Inc. delivers a legally binding statement that the assessed value for property tax purposes of
this project shall be no less than $10, 000, 000.
rC Conference Concerning Capital Proiect Financing
Frank Willis, County Manager, stated that he, Tom Morris, and Jane Leonard met with Local
Government Commission staff on March 24 to explain the capital project financing plan that was presented to
the Randolph County Commissioners at their March 8 meeting. On March 30, the LGC notified the County
that they feel we have a workable plan and that we could proceed with our financing plan. Mr. Willis
suggested setting a public hearing in order to hear the public=s opinion on the proposed financing plan and
tax increase.
The Board agreed to hold a public hearing at 6:30 p.m. on Monday, May 10, 1999 in the Learning
Resources Auditorium of Randolph Community College.
ipointment to Criminal Justice Partnership Advisory Board
On motion of Kemp, seconded by Mason, the Board unanimously appointed Judge Lillian O Brient to
fill the vacancy created by the resignation of Tony Gibbons on the Criminal Justice Partnership Advisory
Board.
ipointment to the Industrial Bond Authority
On motion of Frye, seconded by Kemp, the Board unanimously appointed Vernel Gibson to fill the
vacancy created by the death of Larry Brown on the Industrial Bond Authority.
Jut Amendment - Industrial Recruitment Grant for Sealy
On motion of Kemp, seconded by Mason, the Board unanimously approved the following Budget
Amendment #36 to the FY 1998-99 Annual Budget, which reflects $40, 000 of pass-through funds for Sealy,
Inc., who received an Industrial Recruitment Competitive Fund grant from the State:
GENERAL FUND - #36
Appropriation Increase
ruitment Grant - Sealy
$40,000
Revenue
Increase
Restricted Intergovernmental
$40,000
Budget Amendment - Public Health
On motion ofMason, seconded by Davis, the Board unanimously approved Budget Amendment #37,
which reflects an additional $932 received in the Family Planning Program of the Health Department, as
follows:
GENERAL FUND - #37
Appropriation
Increase
Public Health
$932
Revenue
Increase
Restricted Intergovernmental
$932
Budget Amendment - Sheriff
On motion ofKemp, seconded by Mason, the Board unanimously approved Budget Amendment#38 to
the FY 1998-99 Annual Budget to allow the Sheriffs Office to purchase a 1994 Chrysler minivan from their
restricted law enforcement funds, as follows:
GENERAL FUND - #38
Appropriation
Increase
Sheriff and Jail
$7,100
Revenue
Increase
Fund Balance Appropriated - Restricted Funds
$7,100
Budget Amendment - TIEPET, Inc.
On motion of Kemp, seconded by Davis, the Board unanimously approved Budget Amendment #39 to
the FY 1998-99 Annual Budget to provide for the disbursement of funds that were approved for TIEPET
approved earlier in the meeting, as follows:
GENERAL FUND - #39
Appropriation
Increase
Economic Development - TIEPET, Inc.
$90,000
Revenue
Increase
Fund Balance Appropriated
$90,000
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 Director, presented the following requests:
1. J.C. and Roy Scarboro, Archdale, are requesting that 14.23 acres at the end of Chase Drive, Tabernacle
Township, be rezoned from RA to RM/CU to allow a 3 -space mobile home park. The Planning Board
unanimously recommended approval.
2. Kearns & McDowell Developers, Asheboro, is requesting that 159.4 acres on Snyder Country Road,
Tabernacle Township, be rezoned from RA to RR/CU to allow a 104 -lot residential subdivision for site -built
homes, modular homes, and class A mobile homes with permanent masonry foundations. The Planning
Board unanimously recommended denial. Mr. Johnson stated that the applicants have reduced the number of
lots to 86 since the Planning Board meeting.
3. Harry Griffin, Climax, is requesting that 57.1 acres on Soapstone Mountain Road, Columbia Township,
be rezoned from RA to RR/CU to allow an 11 -lot subdivision of class A mobile homes with permanent
foundations. The Planning Board unanimously recommended denial. Mr. Johnson noted that this
recommendation resulted from concerns about the long private road into the subdivision and the upkeep
problems.
Citizen Comments - Request #1
Bill Englebert, 9730 Concord Church Road, Lewisville, adjoining property owner, stated that he would
be opposed to any further development beyond what is being requested.
Citizen Comments - Request #2
Ken Keller, attorney for the applicant, discussed the types of housing that would be permitted in the
development, stating that the Planning Board minutes had miscommunicated this. He said no driveways
would connect to Snyder County Road; water would be supplied from Davidson Water; the only timber to be
removed would be for roads, rights-of-way, and houses; and the pond would be preserved. He stated that
Mrs. Jackson=s will did not stipulate any restrictions on the use of this property. Mr. Keller presented a
study showing the types of housing in the area around this property.
Jon Megerian, attorney for the opposition, asked those opposing this request to stand. At least 75
people stood. Mr. Megerian commented that Mrs. Jackson trusted the Zoo Society to do what it should to
protect the environment, and that she had had her ashes scattered on the property. He presented letters of
opposition from members of Mrs. Jackson=s family. He said most lots are the minimum size allowed and that
there would be too much traffic for the two roads to bear. He said the other properties in the area are nicer,
and this subdivision would not improve their values.
Barney Pierce, 4561 Pierce Lane, said there is too much development and traffic already in this area.
Keith Tucker, 2058 Thayer Road, said it is hard to believe that Kearns & McDowell won=t cut all the
timber because that is typically what they do.
Dave Brewer, Snyder Country Road, said the problem is not the kind of houses; it is the number of cars
that would be entering Snyder Country road.
Dennis Farlow, 22563 Thayer Road, said he is opposed to this development.
Kathy Brewer, Snyder Country Road, said she moved from High Point to be in the country, and this
development would bring the city to the country.
Jack Hughes, Snyder Country Road, told the Board that the audience is looking to them for protection.
Luther Wright, 2413 Thayer Road, opposed this development; he wants the area to remain rural.
Beverly Pierce, 1915 Thayer Road, said traffic in the area is too heavy already.
Katheryn Garrison, 2308 Thayer Road, said she wants this area to remain rural.
Jennifer Leister, 3471 Thayer Road, said she has 13 acres with horses, and some country without dense
development is needed.
Mike Cavin, Snyder Country Road, said the Zoo is allowing the destruction of forest here while trying
to save the rain forest elsewhere.
John Bartlett, 1698 Skeens Mill Road, opposed the density of this development.
Citizen Comments - Request #3
Harry Griffin, Ventwood Drive, Climax, said he couldn=t get enough lots (because of poor soil) to
make it profitable to put in a paved road to state standards. He said there would be a homeowners
association that will charge fees to pay for road maintenance. There will be a 1600' road to the property line,
then a 1700' road through the property. He presented deed restrictions and asked that they be included as
conditions in his conditional use rezoning request.
Ted Fauk, 2151 Soapstone Mountain Road, said that if doublewides go into this development, nothing
else will go in there or anywhere else in the area.
Dawn Fesmire, 1780 Land Estates, stated that mobile homes would depreciate the values of homes in
her area, which are all site -built. She presented a petition with 103 signatures opposing this request unless it
is site -built homes only. Approximately 20-25 people stood in opposition to this request.
Curtis Smith, 1700 Land Estates Drive, said this property=s road entrance is near a curve on both sides
and that the proposal is not in keeping with the character of the area.
Em Vastagh, 1707 Land Estates, opposed mobile homes in this development.
Hoke Hahn, 5881 Whites Chapel Road, opposed mobile homes in this development.
Henrietta McNeill, 515 Greenlawn Extension, opposed this request, stating that the proposed
development would devalue her adjacent 60 acres and prevent her from developing it with site -built homes.
Chairman Frye closed the public hearing at 9:00 p.m.
County Attorney Alan Pugh advised the Board that a zoning decision should not be based on the
number of people favoring or opposing a request or on the type of housing, but rather on how a proposed use
fits in with the existing character of an area and with the long-range land use plan.
Board Action on Requests
On motion ofDavis, seconded by Mason, the Board unanimously approved the request of J. C. andRoy
Scarboro.
On motion of Davis, seconded by Frye, the Board unanimously denied the request of Kearns and
McDowell Developers.
On motion of Holmes, seconded by Davis, the Board unanimously denied the request of Harry Griffin.
The meeting adjourned at 9:05 p.m.
Darrell L. Frye, Chairman Phil Kemp
J. Harold Holmes
Robert O. Mason
Robert B. Davis
Alice D. Dawson, Clerk to the Board