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040196County Commissioners Meeting - April 1, 1996 The Randolph County Board of Commissioners met in regular session at 5:30 p.m. on April 1, 1996 in the Commissioners Meeting Room, 725 McDowell Road, Asheboro, NC. Commissioners Kemp, Frye, Comer, and Holmes were present. Commissioner Davis was absent. Invocation was given by Commissioner Frye. Addition to the Agenda Chairman Kemp announced the addition of "Item D. Alternate 311 Routes" under new business. Presentation of Retirement Plaques Chairman Kemp presented retirement plaques to Buddy Caviness and Rachel Cagle, both of whom are retiring from the sheriff's Department with 11% years of service. Mr. Caviness was not present to accept his plaque. Cmart Ctart Chairman Kemp read a letter from 7anice Scarborough, chairman of the smart Start organizing committee, in which she stated that the committee had voted unanimously to postpone action on Smart Start until next year. Consent Agenda on motion of Frye, seconded by Comer, the Board unanimously approved the consent agenda, as follows: ° approve March 11 minutes; ° adopt a proclamation (ATTACHED) declaring May Mental Health Month; ° adopt a proclamation (ATTACHED) declaring April 21-27 County Government Week. Animal Control Program Mimi Cooper, Health Director, reviewed problems the County has had in the past with the animal control program. Departments have had defined roles but no single department has taken responsibility for program management. In late 1995, the Humane society of Randolph County proposed to contract with the County to manage the animal shelter. Ms. Cooper stated that because of the escalating number of rabies cases across North Carolina, she feels that the Health Department, rather than the Humane society, should take over the animal control program. The proposal is that the Health Department have responsibility for program management, shelter management, and rabies control, that the sheriff's Department be responsible for field officers doing enforcement and animal control, and that the Humane society's involvement be in the areas of adoption and cruelty investigation. She indicated that the sheriff and Humane society have agreed to work with this plan. Ms. Cooper made the following recommendations: 1. Transfer the animal control program to the Health Department 7uly 1, 1996; 2. Delay appointing an animal cruelty officer until 7uly; 3. Repair the oldest part of the shelter building ($7600) and improve new shelter ($20,880); 4. allocate positions to the Health Department for a shelter manager and three shelter attendants, while keeping two deputies to do the field and enforcement operations (an increase of about $59,000 over current budget). Discussion ensued on the recommendations. sheriff Hurley pointed out that the current animal control budget does not include two part-time employees at the shelter who are being paid from lapsed salaries. Major McNeill mentioned the possibility of generating some revenue from imposing civil penalties on those who violate the County's animal control ordinance. The Board authorized Ms. Cooper to proceed with repairs to the shelter building with funds from Health Department's and sheriff's current budgets. They also asked for a follow-up report next month after Ms. Cooper and the sheriff have determined what personnel are needed for the program and exactly what the costs will be. Criminal Justice Partnership Program Grant Application for FY 1996-97 Tim Poole, Chairman of the Criminal Justice Partnership Advisory Committee, explained that the grant they received last year, for implementation of a day report- ing center, is a two-year grant, but that this year's grant application with proposed budget must be approved by the Board. Pam Aycock, Day Reporting Center Director, gave an overview of the program carried on during the past year and the proposed budget for FY 1996-97. on motion of Frye, seconded by Comer, the Board unanimously approved the Criminal Justice Partnership Program grant application for FY 1996-97. Rezoning Public Hearing At 6:30 p.m. the Board adjourned to a duly advertised public hearing to consider rezoning requests. Hal Johnson, zoning Administrator, presented the following requests: 1. Randy summit of Thomasville is requesting that 88.26 acres on Tree Hollow Road, Trinity Township, be rezoned from RA to RR to develop a 72 -lot subdivision. The Planning Board recommended approval on a split vote of 3/2. 2. Barbara Coltrane and Robert Luck of Asheboro are requesting that 153 acres on old Coleridge Road, Coleridge Township, be rezoned from RA to RR to develop a 16 -lot subdivision. The Planning Board unanimously recommended approval. 3. Lee and Vance Roberts of Asheboro are requesting that 80.47 acres on Grantville Lane, Grant Township, be rezoned from RA to RR to develop a 33 -lot subdivision. The Planning Board unanimously recommended approval. 4. Mitchell and Nancy Beck of Randleman are requesting that 6.94 acres on Becks Country Road, Franklinville Township, be rezoned from RA to LI/Cu for an auto salvage yard. The Planning Board unanimously recommended denial because he has expanded his business (which was in place before county zoning) and because it backs up to Deep River. 5. Jimmy and Judy Carter of Asheboro are requesting that 1.38 acres (out of1.8) on Hwy 64, Franklinville Township, be rezoned from RA to HC. The Planning Board unani- mously recommended approval. 6. Clarence Garner of Randleman is requesting that 3.6 acres on Hwy 220 Business North, Level Cross Township, be rezoned from RA to LI. It is adjacent to his current business and would be an expansion of the business. The Planning Board unanimously recommended approval. 7. Guilford and Barbara Cargal of High Point are requesting that .54 acre located on Tower Avenue, Trinity Township, be rezoned from RM to LI/Cu to build an industrial warehouse and storage building. The Planning Board unanimously recommended approval. 8. John and Glenda McDowell of Denton are requesting that 4 acres on old NC Hwy 49, Concord Township, be rezoned from RA to LI. The Planning Board unanimously recom- mended approval. Comments - Request #1 Randy summit stated that the average lot size is 49,000 square feet and that he plans to pave the dirt portion of the road that runs through it. He also said that his records indicate that the state on 11/16/76 did take over the road questioned by the Planning Board. Linda Hamilton, Century 21 realtor, stated that market studies indicate that there is a demand for homes in this price range. Al Horner, surveyor for this project, stated that he has worked with Mr. summit on other projects and that Mr. summit has done an excellent job of improving these properties. Ben Albright, attorney for the opposition (approximately 20 by show of hands), stated that according to the original subdivision map, the state did not take over the road in question. He said the previous developer retained 60 feet at the end of the road, so that a road could not now be extended beyond this point. Mr. Albright maintained that restrictive covenants for the adjacent development, which say the lots are for residential use only, indicate that a road could not be built across one of those lots. He added that one of his clients owns the land under the easement and that the developer could not use this property. Anthony Passmore said that using Tree Hollow Road as an access into the proposed development would be a safety hazard. J.C. Russell opposed this request because of the extra traffic it would generate. Frank Green stated that the original developer conveyed 2 feet to lot 19, so there is no longer a "spite" strip there. Comments - Request #2 Bob Luck said he reduced the number of lots to 15; each one is at least 10 acres; streets will not be to state standards. Ben Albright, neighbor, spoke in support of this development. Comments - Request #3 Lee Roberts highlighted the restrictions on his proposed development, including those on foundations, footings, roofs, and buffers. Number of lots has decreased from 40 to 33. Vance Roberts said that, being a real estate appraiser and inspector, he was very aware of developing a subdivision that would not detract from the surroundings. Faye Cox, Grantville Lane, presented a petition signed by property owners within a % mile radius of the proposed development. They oppose this request because of their concerns about traffic congestion and too many septic tanks and wells. Jeanette Farlow, Susan Henson, Melvin Cox, and Dorothy Monroe also discussed traffic and water concerns. Approximately 20 people in attendance raised their hands in opposition. Charles Farlow said he can't keep a dog because of the traffic. Lee Roberts said that D.O.T. will not put in a turning lane unless the daily traffic count is 4,000; he assured those present that D.O.T. will not allow an unsafe entrance to the development. Comments - Request #4 Mitchell Beck stated that he was told he had to be rezoned but that he doesn't know why. He said he has used his front yard to store cars in because the bad weather all winter has prevented him from getting the crusher in to remove them. He said his property backs up to Polecat Creek, not Deep River, and that he does not let oil or antifreeze spill into the soil. Rick Scott, adjoining property owner, opposed the request, stating that the business is unsightly and will devalue surrounding properties if allowed to continue. He presented photographs of Mr. Beck's property. He also presented 5 letters from other neighbors opposing this request. Mr. 7ohnson advised the Board that if Mr. Beck's request is denied, he must cut back the number of vehicles to the number he had when countywide zoning went into effect in 1989. County records show that number to be around 90 in 1991. Comments - Request #5 Ben Albright, attorney for the applicant, stated that the front part of this parcel is already zoned commercial and that Mr. Carter wants to put a shop there. Comments - Request #6 Clarence Garner stated that he would like to expand the machine shop which is currently located on this property. Comments - Request #7 Guilford Cargal said he would like to put a dry storage warehouse on this prop- erty. Comments - Request #8 No one spoke. Board Action on Requests on motion of Frye, seconded by Holmes, the Board unanimously voted to deny the request of Randy summit until the legal dispute can be settled. on motion of Comer, seconded by Frye, the Board unanimously approved the request of Barbara Coltrane and Robert Luck. on motion of Holmes, seconded by Frye, the Board unanimously approved the request of Lee and Vance Roberts. on motion of Frye, seconded by Comer, the Board unanimously denied the request of Mitchell and Nancy Beck. on motion of Frye, seconded by Holmes, the Board unanimously approved the request of Timmy and 7udy Carter. on motion of Frye, seconded by Holmes, the Board unanimously approved the request of Clarence Garner. on motion of Frye, seconded by Holmes, the Board unanimously approved the request of Guilford and Barbara Cargal. on motion of Frye, seconded by Holmes, the Board unanimously approved the request of john and Glenda McDowell. Alternate 311 Routes This item was tabled until the May meeting. Budget Amendment - Health on motion of Frye, seconded by Holmes, the Board unanimously approved Budget Amendment #37 (ATTACHED), which reflects an additional $5,211 in state funding for the Health Department's Food and Lodging Program. Adjournment Having no further business, the Board adjourned.