The Alleghany County Board of Commissioners met in regular session on Thursday, January 18, 2007, at 3:30pm in the Commissioners Meeting Room of the County Administration Building, 348 South Main Street, Sparta, North Carolina.

&= nbsp; Present: Chair Ken Richardson, Vice-Ch= air Warren Taylor, Commissioner Doug Murphy, Commissioner Milly Richardson, County Attorney Donna Shumate, County Manager Don Adams and Clerk to the Board Karen Evans. Commissioner Randy Miller was prese= nt but arrived late.

Chair Ken Richardson called the meeting to order.

Commissioner Milly Richardson led the Pledge of Allegiance and opened the meeting with a prayer.

Chair Ken Richardson stated that Stacy Evans needs to be removed from the agenda = and closed session under legal and personnel need to be added to the agenda.

Commissioner Warren Taylor made a motion to approve the amended agenda for this January 18, 2007, meeting. Commissioner Milly Richardson secon= ded the motion. Vote 4:0.

AGENDA

Thursday, January 18, 2007

3:30 PM

3:30 Meeting Called To Order, Pledg= e of Allegiance and Prayer

&= nbsp; &nbs= p; Motion on Agenda for Ja= nuary 18, 2007, meeting

Motion on Minutes for January 3, 2007, meetings

3:35 &= nbsp; Mary Walker<= /p>

&= nbsp; &nbs= p; RE: Tax Release and Refunds

3:45 &= nbsp; Edwin Barquet

&= nbsp; &nbs= p; RE: Speed Limit in Residential Area

3:55 &= nbsp; Alleghany in Motion Annual Rep= ort

4:05 &= nbsp; Alleghany Group Homes Annual R= eport

4:15 &= nbsp; Amy Pardue

&= nbsp; &nbs= p; RE: Planning Board Research=

4:25 &= nbsp; Stacy Evans = &nb= sp; (deleted)

&= nbsp; &nbs= p; RE: Concrete Plant

4:35 &= nbsp; Tom Burgiss<= /p>

&= nbsp; &nbs= p; RE: Asphalt Plant

&= nbsp; &nbs= p; County Business

1. Joint Meeting Reminder

2. Phone Financing Bids

3. Ladder Truck Inspection Reques= t

4. Transfer Facility Budget Amend= ment

5. Del Reeves Proclamation

6. Senior Tar Heel Legislature Appointments

7. Other Business

8. Public Comments—30 minut= es

9. Closed Session—NCGS 143-= 318.11 (a) (3)—legal = &nb= sp; (added)

NCGS 143-318.11 (a) (6)—personnel

= 10. = Adjourn

Commissioner Doug Murphy made a motion to a= pprove the minutes for the January 3, 2007<= /span>, meetings. Commissioner Warren Taylor seconded t= he motion. Vote 4:0. =

Commissioner Randy Miller arrived at 3:3= 4pm.

Mary Walker, Tax Administrator, presented the December 2006 real property reques= ts in the amount of $8,259.58 for refunds and $703.55 for releases.=

Commissioner Milly Richardson made a motion to approve the December 2006 real property requests in the amount of $8,259.58 for refunds and $703.55 for releases. <= span style=3D'mso-spacerun:yes'> Commissioner Warren Taylor seconded the motion. Vote 5:0.

&= nbsp; Mary Walker presented the December 2006 vehicle requests in the amount of $1,059= .44 for refunds and $3,124.19 for releases.

&= nbsp; Commissioner Doug Murphy made a motion to a= pprove the December 2006 vehicle requests in the amount of $1,059.44 for refunds a= nd $3,124.19 for releases. Commissioner Warren Taylor seconded the motion. Vote 5:0.

&= nbsp; Mary Walker presented a motor-vehicle appeal form for a 1998 Toyota Tacoma with = an assessed value of $9,410 and an appraised value of $6,300. She explained that she used the NA= DA book for her recommendation of $6,460.

&= nbsp; Commissioner Milly Richardson made a motion to approve the Tax Administrator’s recommendation of $6,460. Com= missioner Warren Taylor seconded the motion. Vote 5:0.<= /span>

&= nbsp; Mary Walker presented a letter from Hale Loggins, Jr. in regards to a solid waste appeal. She explained that th= is structure is a covered-picnic area. She talked about the rules for solid waste appeals.

&= nbsp; Commissioner Milly Richardson made a motion to release the solid waste fee. Commissioner Warren Taylor seconded the motion. Vote 5:0.

&= nbsp; Edwin Barquet and Johnny Huffman came before the Board. Mr. Barquet explained that he is t= he owner of Blue Ridge Group, developer of River Country Estates and Prime Mountain Estates along with Johnny Huffman. He stated that he is asking for a recommendation letter reducing the speed limit for 1.2 miles in Prime Mount= ain Estates. They displayed a map showing the property in Prime Mountain Estates.

&= nbsp; The Board of Commissioners, Edwin Barquet and Johnny Huffman discussed the loca= tion of current houses in the Estates, recommendation letter for the Department = of Transportation, issues in the subdivision and development of the land.=

&= nbsp; Chair Ken Richardson stated that the County will ask the Department of Transporta= tion to have a study completed before a letter of recommendation can be written.=

&= nbsp; Commissioner Milly Richardson, Edwin Barquet and, Johnny Huffman talked about community wells for the subdivision with five homes per well.

&= nbsp; April Choate, Alleghany in Motion (AIM) Direct= or, presented their annual report including the number of vehicles, number of employees, being governed by the Department of Transportation, Federal Transportation Administration, Board of Commissioners and the county transp= ortation advisory board, grant monies received for administering the program and the operational portion of the program, number of miles driven and hours and nu= mber of trips, program cost reimbursements and the amount of training for each employee.

&= nbsp; Chair Ken Richardson and April Choate talked about AIM moving in 3 weeks to the County Office Building.

&= nbsp; Commissioner Warren Taylor and April Choate talked about the increase in transportation services since the beginning of the program in April 2001 an= d the mountaineer express routes including Alleghany County.<= /span>

&= nbsp; Chair Ken Richardson thanked April Choate for her report.

&= nbsp; Darlene Douglas and Becky Higgins came before the Board to present the annual report for Alleghany Group Homes including their activities, number of participant= s, services provided, number of facilities associated with Alleghany Group Hom= es, funding sources, programs at capacity with waiting lists, number of employe= es and programs’ budgets.

&= nbsp; Chair Ken Richardson and Darlene Douglas talked about the waiting list.

&= nbsp; Becky Higgins invited everyone to tour their facilities.

&= nbsp; Commissioner Doug Murphy encouraged everyon= e to take a tour.

&= nbsp; Chair Ken Richardson thanked the ladies for their time.

&= nbsp; Amy Pardue, Planner, presented planning board = research requested at the last meeting including township population and sample applications.

&= nbsp; Commissioner Doug Murphy asked about using = portions of different applications.

&= nbsp; County Attorney Donna Shumate stated that the = Board can take different portions of the applications.

&= nbsp; Commissioner Warren Taylor asked who select= s the members.

&= nbsp; Planner Amy Pardue stated that, typica= lly, it is the Board of Commissioners. She talked about the planning board duties, responsibilities and compensation, terms of office and conflict of interest. She stated that her recommendation= s are using townships to help select members, following an application process and members should have staggered terms of office.

&= nbsp; Commissioner Doug Murphy and Amy Pardue talked about the length of time for advertising for applicants and where applications should be turned in.=

&= nbsp; Chair Ken Richardson and Amy Pardue = talked about the size of a planning board.

&= nbsp; The Board of Commissioners talked about how to start the process including the number of members on the planning board.&n= bsp; Commissioner Milly Richardson stated that she thinks the planning bo= ard should be nine members; one from each township and two at-large appointments. They talked about how to determine= the at-large positions, the number of members, situation if no one applies, if a Commissioner should serve on the planning board, non-voting members, and the appeal process.

&= nbsp; County Manager Don Adams asked the Board to d= ecide the number of members, members’ responsibilities and information on the application. He stated that t= he North Carolina General Statutes wording states the legal duties. He further stated that the Commiss= ioners may decide the amount of duties for the board.

&= nbsp; Chair Ken Richardson and Amy Pardue = talked about the term of office being three years staggered, applications go to th= e County Manager and reviewed by the Board of Commissioners.

&= nbsp; The Board of Commissioners and County Manager Don A= dams talked about the information on the application being public record. They further talked about the plan= ning board would be volunteers. They agr= eed on Ashe County’s application.

&= nbsp; Commissioner Warren Taylor made a motion to instruct Amy Pardue to create = the application and advertise for the nine-member board. Commissioner Milly Richardson seco= nded the motion. Vote 5:0.

&= nbsp; County Manager Don Adams reminded the Board o= f the Joint Meeting with the Sparta Town Council on January 29 at 7:00pm at the <= st1:place w:st=3D"on">Sparta Town Hall.

&= nbsp; County Manager Don Adams presented a resoluti= on from BB&T regarding financing the phone equipment for the Administration Buil= ding. He stated that three bids were rec= eived; BB&T—3.99%, First Charter—5.05% and Wachovia—6.2%. He explained the process of install= ing a phone system and lease rates through Skyline versus owning the equipment. <= span style=3D'mso-spacerun:yes'> He explained the prices to lease, lease-to-own and purchasing the phone equipment. He said he is recommending borrowi= ng the money from BB&T. He expla= ined this action will save the County money. He stated that this action does not impact the budget because these funds are already budgeted.

&= nbsp; Commissioner Warren Taylor and County Manag= er Don Adams talked about a maintenance agreement= would be needed either way.

&= nbsp; Commissioner Milly Richardson and County Manager Don Adams talked about the telephone system for the Clerks of Court office and the County Office Building.

&= nbsp; Commissioner Doug Murphy and County Manager= Don Adams talked about the equipment will be c= oming from Skyline. County Manager Don Adams further talked about= the Sheriff’s Department and Social Services phone services are outdated,= and he will bring in EMBARQ to bid along with Skyline during budget time for th= eir phone services.

&= nbsp; Commissioner Warren Taylor and County Manag= er Don Adams talked about the installation of the= phone system and monthly phone costs.

&= nbsp; Commissioner Warren Taylor made a motion to approve the resolution for the $20,459 for financing the phone system.=

&= nbsp; County Manager Don Adams reviewed the amounts= of money involved.

&= nbsp; Commissioner Doug Murphy seconded the motion. Vote 5:0. =

&= nbsp; Tom Burgiss came before the Board to discuss recent actions by the courts regar= ding the lawsuit about the asphalt plant. He explained the recent actions, appealing the verdict and legal pap= ers obtained regarding the defendant’s response to the Summary Judgment.<= span style=3D'mso-spacerun:yes'> He stated that the question should= be what is best for all of the citizens in the county. He offered his assistance in regar= ds to this action. He talked about = the Board of Commissioners can act as the planning board and the Institute of Governm= ent agreed but the issue has never been before the courts. He asked what the Board is going to do. He stated that he is not = asking for the County to spend money but is interested in what is good for the ent= ire county. He further stated tha= t he is going to help the Commissioners, doing further research to find out whet= her an appeal will hold or not. He asked the Board to help the citizens for Alleghany County to not be a trash dump for the world. He asked if anyone has any questions to call him. He thanked everyone for their attention. =

&= nbsp; County Manager Don Adams presented budget ame= ndment General Fund #19 in the amount of $900 for the Sparta-Alleghany Volunteer F= ire Department ladder truck to be inspected.&n= bsp; He explained that he has asked Terry McGrady to add this request to = the budget to be an annual request since the test must be performed periodicall= y.

&= nbsp; Commissioner Milly Richardson made a motion to grant the request to approve budget amend= ment General Fund #19 in the amount of $900.&nb= sp; Commissioner Warren Taylor seconded the motion. Vote 5:0.

&= nbsp; County Manager Don Adams explained budget ame= ndment Transfer Facility #2 in the amount of $15,000. He further explained that this bud= get amendment is to be added to the equipment maintenance line item. He stated that the budgeted monies= have already been spent on the main loader repairs and fuel. He further stated that the budget = amendment will be for additional fuel and needed repairs. He further explained that this fund relies on solid waste fees for revenues not taxes.

&= nbsp; Commissioner Milly Richardson made a motion to approve budget amendment Transfer Facilit= y #2 in the amount of $15,000. Commissioner Warren Taylor seconded the motion.

&= nbsp; Commissioner Warren Taylor and County Manager Don Adams talked about the amount of monies spent annually for maintenance and repair= s.

&= nbsp; Commissioner Doug Murphy and County Manager Don Adams talked about leasing heavy equipment because maintenance is included and the interest rates on leases. County Manager Don Adams explained that optio= n was reviewed and it was cheaper financially to buy the loader the last time.

&= nbsp; The Board voted on the motion on the floor.&nb= sp; Vote 5:0.

&= nbsp; County Manager Don Adams presented a proclama= tion regarding Franklin Delano “Del” Reeves.

&= nbsp; Commissioner Milly Richardson commended the author of the proclamation.

&= nbsp; Clerk to the Board Karen Evans stated her appreciation for Commissioner Richardson’s comment.

&= nbsp; Commissioner Milly Richardson made a motion to approve the proclamation as presented. Commissioner Warren Taylor seconded the motion. Vote 5:0.

&= nbsp; County Manager Don Adams presented a = letter from Council on Aging asking that Cliff Phillips be appointed as the Senior= Tar Heel Legislature delegate with Pat Polly being the alternate.

&= nbsp; Commissioner Milly Richardson made a motion to approve the appointments of Cliff Phillips and Pat Polly. Commissioner W= arren Taylor seconded the motion. V= ote 5:0.

&= nbsp;

&= nbsp; Commissioner Warren Taylor stated that he, Doug Murphy, Don = Adams and Jeff Cox attended a meeting recently talking about the need for a state-wide school bond.

&= nbsp; Chair Ken Richardson stated that he attended the legislative goals conference. He talked about the top three need= s; Medicaid, School Construction and Revenue Options. He furthered talked about one goal= was defeated regarding land of tomorrow.

Chair Ken Richardson asked for public comments.

Bruce Cook thanked the Commissioners for their time. He stated that he is with Tom Burg= iss and is concerned with the current situation. He talked about the leaders follow= ed the law, issue is not about one plant in one corner of the county, facts that w= as presented regarding that location, this is about our county and what will o= ccur in the future. He stated he s= upports the Commissioners in whatever action they take. He thanked the Commissioners for t= heir time and hope the right decision will be made.

Glenn Duckworth urged the Commissioners to go forward with an appeal because so f= ar it appears the county has lost. He stated the need to get new legal representative if the Board decides to app= eal. He talked about the presentation wasn’t there but it is in the documents, using some of the data used = by the ACES group, not knowing what will happen with the ordinances, other counties’ ordinances will be null and void, conversations with County Commissioners and/or employees couldn’t be recalled. He talked about the need to record= conversations for further reference. He ask= ed about the Commissioners’ meeting times.

Michael Schweitzer talked about the High-Impact Land Use/Pollu= ting Industries ordinance and being very proud on the adoption of the ordinance.= He stated that the county has suff= ered a setback from the courts. He u= rged the County to appeal this decision because the ordinance was the right thin= g to do. He commended the Commissioners that worked on the ordinance and urged the entire Board to take a stand for what is right for the future= . He stated his appreciation to the = Commissioners for their time.

Hoyt Sparks stated that he has heard a lot of comments about an asphalt plant. He further stated that the ordinan= ces set in place were faulty, and it is easy for anyone to spend other people’s money. He said everyone is in for another big loss if the case is appealed. He urged the County to look at ano= ther route. He said he is talking = about his pocketbook not his heart. He reiterated the County should look at it seriously and not appeal, then lose again and tie up other industries from starting up in Alleghany County.

Chair Ken Richardson closed the public comments section of the meeting.

Chair Ken Richardson explained that this is the mid-month meeting. He explained t= he meeting schedule.

Chair Ken Richardson talked about a public meeting at 6:30pm for revaluation in t= his room is still planned.

Commissioner Warren Taylor made a motion to= enter into closed session at 5:30pm under NCGS 143-318.11 (a) (3)—legal and= (a) (6)—personnel. Commissi= oner Doug Murphy seconded the motion. Vote 5:0.

&= nbsp; Commissioner Warren Taylor made a motion to adjourn the closed session at 6:18pm and reconvene the regular meeting. Commissioner Milly Richardson seco= nded the motion. Vote 5:0.

&= nbsp; Chair Ken Richardson stated no actions were taken during closed session.

&= nbsp; Chair Ken Richardson mentioned the jail inspection report has been mailed to him = and is available to the Commissioners if they would like to see it.<= /span>

&= nbsp; Being no further business, Commissioner Milly Richardson made a motion to adjourn= the meeting at 6:20pm. Commissioner Randy Miller seconded= the motion. Vote 5:0. =

Respectfully Submitted,

Karen Evans

Clerk to the Boar= d

Attest:

Ken Richardson

Chairman