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Minutes

Randolph County Commissioners

August 3, 1998

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, Holmes, Davis, and Mason were present. Rev. Jeff Yeatts of Foster Street Wesleyan Church in Asheboro gave the invocation, and everyone recited the Pledge of Allegiance.

Special Recognition of MiMi Cooper, Health Director

Chairman Frye announced that the North Carolina Association of Local Health Directors has named Randolph County Health Director, MiMi Cooper, as the North Carolina Health Director of the Year. Recipients are chosen based on their experience, leadership, and achievement in public health, both locally and within the state of North Carolina. During the last year Mrs. Cooper has played an extremely important leadership role in many local public health issues, and she has performed her duties as health director in an exemplary fashion.

Consent Agenda

On motion of Kemp, seconded by Holmes, the Board unanimously approved the consent agenda, as follows:

WHEREAS, the Department of Transportation has investigated Creekridge Drive and Yesteroaks Court in the Oak Hollow West Subdivision; and

WHEREAS, the subject streets have been found to meet minimum requirements for addition;

NOW, THEREFORE, BE IT RESOLVED by the Randolph County Board of Commissioners that Creekridge Drive and Yesteroaks Court in the Oak Hollow West Subdivision be added to the Division of Highways’ Secondary Road System.

WHEREAS, the Department of Transportation has investigated Deer Run Drive in the Deer Run Estates Subdivision; 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 Deer Run Drive in the Deer Run Estates Subdivision be added to the Division of Highways’ Secondary Road System.

Resolution Opposing NC Division of Water Quality’s Proposal to Relocate the High Point Eastside Wastewater Treatment Plant Discharge into Randolph County

On motion of Holmes, seconded by Mason, the Board unanimously approved the following resolution:

WHEREAS, the Piedmont Triad Regional Water Authority was formed in 1986 for the purpose of purchasing land, constructing, and operating a water supply reservoir, known as Randleman Lake; and

WHEREAS, Randolph County has been a member of the Piedmont Triad Regional Water Authority since its incorporation; and

WHEREAS, the water quality modeling work completed by Black and Veatch, Inc., in 1990, concluded that eliminating the High Point Eastside Wastewater Treatment Plant discharge from the proposed reservoir would have little effect on water quality at the water intake; and

WHEREAS, the North Carolina Environmental Management Commission, in 1992, granted a certificate authorizing the Piedmont Triad Regional Water Authority to use the power of eminent domain in acquiring land for the project and to divert water from the Deep River as required by G.S. § 162A-7 and 153A-285; and

WHEREAS, the additional water quality modeling work completed by Tetra Tech, Inc., in 1998, confirmed the earlier Black & Veatch, Inc. Conclusion that elimination of the High Point Eastside Wastewater Treatment Plant discharge from the reservoir would have no significant impact on water quality at the proposed intake location; and

WHEREAS, the U.S. Environmental Protection Agency recommends that a lakewide areal average chlorophyll a concentration of less than 25 ug/l and a chlorophyll a concentration of less than 15 ug/l at the water supply intake should be attained; and

WHEREAS, all modeling studies show that Randleman Lake will meet these goals; and

WHEREAS, eliminating the High Point Eastside Wastewater Treatment Plant discharge is estimated to cost $28.8 million and only changes chlorophyll a at the proposed intake from 12 ug/l to 11 ug/l.

NOW, THEREFORE, BE IT RESOLVED by the Randolph County Board of Commissioners that it is opposed to the relocation of the High Point Eastside Wastewater Treatment Plant discharge from Richland Creek in Guilford County to a point downstream of the Randleman dam on the Deep River in Randolph County.

Courthouse Addition/Renovation Project

David Townsend, III, Public Works Director, told the Board that the firm of Mayer Moser Phoenix Architects needs guidance on how to proceed with the Courthouse addition/renovation project. He reminded them that on May 18, 1998, Bill Moser of Moser Mayer Phoenix presented the Courthouse Master Plan that they had developed with input from the Courthouse Advisory Committee.

Mr. Moser stated that he thinks the project can be completed for around $13,000,000 rather than the $14,000,000 as estimated earlier if the parking deck is omitted and some other minor adjustments are made to the plan. He said he needs a contract with the County before proceeding with schematic design work.

The Board discussed at length the scope of the project, how and when to proceed, and what, if anything, should be done with the original Courthouse building in conjunction with the addition/renovation project. They agreed that it would be cost prohibitive to renovate the old building as part of the current renovation project and directed Mr. Townsend to bring to next month’s meeting a report on what work is needed on the old Courthouse just to stabilize and maintain it.

On motion of Kemp, seconded by Mason, the Board unanimously voted to authorize the County’s legal staff to work with Moser Mayer Phoenix’s legal staff to negotiate a contract for this project and authorized Moser Mayer Phoenix to proceed with the schematic design phase of the Courthouse Master Plan (as presented on May 18, 1998) in anticipation of completion of the contract. Prior to the signing of the negotiated contract, cost to the County for this schematic design work shall not exceed $140,000, and the schematic design should reflect a new project scope of $13,074,000 instead of the originally proposed amount of $14,074,214.

Public Hearing on Financing Agreement to Purchase Scott Property

At 5:00 p.m. the Board adjourned to a duly advertised public hearing to consider an installment purchase contract for the 204 and 210 East Salisbury Street property of James Scott.

Frank Willis, County Manager, explained that this public hearing is a requirement of NCGS 160A-20 and verified that a notice of the public hearing had been placed in the newspaper on July 19, 1998.

Alan Pugh, County Attorney, announced that he had available for public inspection the deed of trust and the promissory note that he had prepared for the transaction. He recommended that a survey be conducted for this property because the current deed and the tax records don’t agree.

Chairman Frye invited comments from the public.

Richard Wells, Library Director, said he thinks this purchase is a wonderful idea.

Chairman Frye closed the public hearing.

On motion of Kemp, seconded by Holmes, the Board unanimously agreed to purchase the James Scott property, located at 204 and 210 East Salisbury Street in Asheboro, for $200,000, with the following purchase terms: $70,000 due at closing (less the $2,000 already paid for the "option to buy"), $65,000 due one year from closing, $65,000 due two years from closing; Mr. Scott may live in the house he currently resides in, rent-free, for up to one year from closing; the current year ad valorem taxes will be prorated between Mr. Scott and the County at closing.

Public Health Department Fee Schedule

MiMi Cooper, Health Director, presented a fee schedule that the Board of Health has approved for certain Health Department services. State law requires that the Board of County Commissioners also approve these fees. All fees in this schedule represent an increase in already existing fees based upon an increase in the cost of the service with the exception of the tuberculin skin test, which is currently free. Recommended fees are as follows: pregnancy test, $10; cholesterol test, $5; tuberculin skin test, $4; animal adoption, $5 per day; rabies observation, $50.

On motion of Davis, seconded by Mason, the Board unanimously approved the Health Department fee schedule as recommended.

Engineering Contract for Landfill Closure Work

David Townsend, III, Public Works Director, stated that the County is ready for the last step in closing its existing landfill; we must now cap the last cell of the landfill, approximately 21 acres. Hazen and Sawyer has served as the County’s consultant for landfill services since the early 1990’s. They have submitted a proposal to provide the engineering services for the design of the landfill cap for a fee of $29,600. This proposal will allow the County to determine whether to utilize an earthen cap or a geomembrane cap, and it will establish a schedule and budget for the work to be accomplished. Mr. Townsend said he feels their price is a fair proposal. Funds for the project will come from the landfill closure account.

On motion of Davis, seconded by Holmes, the Board unanimously awarded an engineering contract for $29,600to Hazen and Sawyer for landfill closure work.

Architect Services Contract for Two Metal Buildings

David Townsend, III, Public Works Director, stated that the County is planning to build two metal buildings this year. The first will be an evidence and security storage area for the Sheriff’s Office; the other will serve as a recycling center. The Sheriff’s building will be funded from reserves left from the jail project, and the recycling center will be funded from the Public Works fund. Mr. Townsend recommended hiring one architect to design and bid both jobs together because of the similarities of design. He said he has a fee proposal of $25,000 from Larry Austin, architect, for both buildings and that, compared to similar jobs Mr. Austin has performed for the County, he thinks this price is fair.

On motion of Holmes, seconded by Kemp, the Board unanimously awarded a contract to Larry Austin for $25,000 and authorized the County Manager to sign the contract.

Payroll Deductions for 125 Cafeteria Plan

Hal Scott, Jr., Personnel Director, advised the Board that their approval is required for certain voluntary payroll deductions, such as dependent health insurance, cancer policies, deferred compensation, etc. He said there are four new plans available through the County’s 125k administrators: dental insurance (Ameritas), whole life insurance (MetLife), accident/sickness disability (Standard Life & Casualty), and cancer insurance (Central States Health & Life).

On motion of Holmes, seconded by Davis, the Board unanimously approved the four proposed payroll deductions.

Set Public Hearing on Proposed Use of Local Law Enforcement Block Grant Funds

Frank Willis, County Manager, announced that the Local Law Enforcement Block Grant Program has awarded a grant to Randolph County for $34,708. One of the requirements for receiving the grant is to have an advisory board meeting to discuss and make a recommendation on how the money should be used. Advisory board members were contacted individually by phone, and they recommend we continue to use the grant money for enhanced security at the Courthouse. A 10% local match is also required, as is a public hearing to receive public opinion on how the money should be used.

On motion of Holmes, seconded by Davis, the Board unanimously set the intended purpose of this grant as enhanced security at the Courthouse and set a public hearing on this matter for 6:00 p.m. on September 8, 1998.

Budget Amendment - Encumbrances

Jane Leonard, Deputy Finance Officer, explained that an encumbrance is created when a contract is entered into or a purchase order is issued. The County’s accounting policy requires that open encumbrances that represent unfilled purchase orders and uncompleted contracts at the end of the fiscal year be added to the next year’s budget by amending the budget ordinance.

On motion of Holmes, seconded by Mason, the Board unanimously approved Budget Amendment #5 to the FY 1998-99 budget to reflect encumbrances brought forward in the General Fund, Public Works Fund, and Emergency Telephone System Fund, as follows:

 

 

GENERAL FUND - #5

 

Appropriations

Increase

Legal

325

Elections

38,891

Administration

4,825

Computer Services

2,279

Tax

125,088

Register of Deeds

55,891

Public Buildings - Maintenance

2,844,410

Public Buildings - Court Facilities

8,522

Sheriff and Jail

5,825

Emergency Services

54,766

Building Inspections

3,833

Public Health

66,300

Cooperative Extension

1,918

Social Services

61,233

Public Library

15,530

Soil & Water

829

Contribution-Sealy Inc. - Econ. D.V..

375,000

Contribution-Asheboro (Energizer Project)

50,796

Contribution-Town of Liberty - Econ. D.V..

271,087

Seagrove-Ulah Metro Water District

2,000

Revenues

Increase

Fund Balance Appropriated

3,989,348

 

 

PUBLIC WORKS FUND - #5

 

Appropriations

Increase

Landfill Operation Recycling Program

131,497

35,000

Revenues

Increase

Fund Balance Appropriated

166,497

 

 

EMERGENCY TELEPHONE FUND - #5

 

Appropriations

Increase

911 Services Information Management

15,000

19,500

Revenues

Increase

Fund Balance Appropriated

34,500

Budget Amendment - Family Crisis Center Grant

On motion of Holmes, seconded by Mason, the Board unanimously approved Budget Amendment #6 to the FY 1998-99 Annual Budget, which reflects a Victims of Crime Act grant from the NC Dept. of Crime Control and Public Safety to the Randolph County Family Crisis Center, as follows:

 

GENERAL FUND - #6

 

Appropriations

Increase

Family Crisis Center Grant

50,536

Revenues

Increase

Restricted Intergovernmental

50,536

Budget Amendment #7

On motion of Holmes, seconded by Mason, the Board unanimously approved Budget Amendment #7 to the FY 1998-99 Annual Budget, which puts into place funds for engineering design for landfill closure, as follows:

 

LANDFILL CLOSURE FUND - #7

 

Add a new Section 34. The following amounts are hereby appropriated in the Landfill Closure Fund for the fiscal year beginning July 1, 1998, and ending June 30, 1999:

Closure Cost 29,600

Add a new Section 35. It is estimated that the following revenues will be available in the Landfill Closure Fund for fiscal year beginning July 1, 1998, and ending June 30, 1999:

Investment Earnings 29,600

Public Hearing on Adding Junk Vehicle Regulations to Unified Development Ordinance

At 5:30 p.m. the Board adjourned to a duly advertised public hearing to consider adding the junked vehicle regulations to the Unified Development Ordinance.

Aimee Scotton, Staff Attorney, reminded the Board that in 1996 they enacted a stand-alone ordinance entitled "An Ordinance to Provide for the Removal and Disposition of Abandoned, Nuisance and Junked Motor Vehicles." In 1997 the Board amended Section 7 of Article XIII in Chapter Two (Zoning) of the County’s Unified Development Ordinance. The effect of this amendment was to allow civil penalties to be assessed for violations of the zoning ordinance, thereby making enforcement easier and more effective. Ms. Scotton proposed that the junked vehicle ordinance be incorporated into the Unified Development Ordinance (as Article XIV of Chapter Two) in order to take advantage of these civil penalties. She noted that Article III of Chapter Two of the Unified Development Ordinance needs to be amended by adding the phrase "Except as provided in Article XIV" to the beginning of each paragraph of Article III in order to fully incorporate the jurisdictional requirements of the Junked Vehicle Ordinance.

Chairman Frye asked for comments from the public; hearing none, he closed the public hearing.

On motion of Holmes, seconded by Mason, the Board unanimously voted to repeal the current "Ordinance to Provide for the Removal and disposition of Abandoned, Nuisance and Junked Motor Vehicles;" added Article XIV Abandoned, Nuisance and Junked Motor Vehicles (ATTACHED) to Chapter Two of the Unified Development Ordinance; and amended Article III (ATTACHED) of Chapter Two of the Unified Development Ordinance by adding the words "Except as provided in Article XIV" to the beginning of each paragraph in that Article.

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. W. Clayton Burrow, Seagrove, is requesting that 69 acres (out of 72) located on Farmstead Road, Brower Township, be rezoned from RA to RM/CU for a 19-lot subdivision for both site-built and mobile homes. The Planning Board, by a 6 to 1 vote, recommended that this request be approved.

2. W.T. Cox, Ramseur, is requesting that 72.85 acres on Brower Meadow Road, Liberty Township, be rezoned from RA to RR/CU for an 11-lot subdivision for site-built homes only. The Planning Board unanimously recommended denial.

3. W.T. Cox, Ramseur, is requesting that 34.86 acres on Foushee Road (next to Southeast Middle School), Columbia Township, be rezoned from RA to RR/CU for a 21-lot subdivision for site-built homes only, with city water and sewer. The Planning Board unanimously recommended approval.

Citizen Comments - Request #1

William C. Burrow, 4483 Fork Creek Mill Road, Seagrove, said he plans to develop the front 9 lots in phase one and develop the lots behind in phase two. He said he does not plan to pave the road that will be built into the subdivision; there will be a road maintenance agreement that homeowners must participate in.

Citizen Comments - Request #2

Ben Albright, attorney for Tim Cox, stated that the Planning Board had concerns about a portion of the proposed subdivision being in a flood plain and that he had brought an engineer and surveyor with him to address these concerns.

Jim Bivins, engineer, discussed the flood plain and stated that runoff from this development would empty into Booden Creek and be gone before runoff from Sandy Creek would pass through this area.

Jack Ragland, surveyor, stated that the Federal Emergency Management Agency has never surveyed this area for their flood plain maps. He said he had projected the maximum flooding area and that the entrance road had been moved to avoid this area.

Pat Snyder, 3317 Brower Meadow Road, stated that this flood plain is being considered for wetlands status. She said that the applicant had made reference to discussing flooding of this area with Mr. McMasters, but that Mr. McMasters, her grandfather, has been dead for two years and had Alzheimer’s Disease ten years prior to his death. She asked that environmental impact be determined before the Board makes a decision.

Jim Bivins said that this creek has steep banks, and usually there are no wetlands where there are steep banks.

E.D. Snyder, 3319 Brower Meadow Road, stated that Brower Meadow Road floods from Bouden Creek, not Sandy Creek.

Citizen Comments - Request #3

W.T. Cox, P.O. Box 315, Ramseur, said that this is the best layout he has ever seen for a development and that it will be annexed into Ramseur in the future.

Board Action on Requests

Kemp made a motion, seconded by Holmes, to deny the request of W. Clayton Burrow because of the lengthy unpaved private road that is planned for the subdivision.

During Board discussion of this request, Mr. Burrow asked that his zoning request be modified in the following manner: Delete lots 10-19 and consider only lots 1-9.

Kemp amended his previous motion by making a motion to approve the modified request of W. Clayton Burrow to rezone lots 1-9 fronting on Farmstead Road. Holmes seconded this amended motion, and it was unanimously approved.

On motion of Holmes, seconded by Davis, the Board unanimously approved the request of W.T. Cox for the Brower Road property.

On motion of Holmes, seconded by Mason, the Board unanimously approved the request of W.T. Cox for the Foushee Road Property.

The meeting adjourned at 7:45 p.m.

 

 

_________________________________ ____________________________________

Darrell L. Frye, Chairman Phil Kemp

 

 

__________________________________ ____________________________________

J. Harold Holmes Robert B. Davis

 

 

__________________________________ ___________________________________

Robert O. Mason Alice D. Dawson, Clerk to the Board