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.

Present:
Chair Ken Richardson, Vice-Chair
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 present 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 seconded
the motion.   Vote 4:0.

AGENDA

Thursday,
January 18, 2007

3:30 PM

3:30                Meeting Called To Order, Pledge of
Allegiance and Prayer

Motion
on Agenda for January 18,
2007, meeting

Motion on Minutes for January 3, 2007, meetings

3:35                Mary Walker

RE:
Tax Release and Refunds

3:45                Edwin Barquet

RE:  Speed Limit in Residential Area

3:55                Alleghany in Motion Annual Report

4:05                Alleghany Group Homes Annual Report

4:15                Amy Pardue

RE:  Planning Board Research

4:25                Stacy Evans                          (deleted)

RE:  Concrete Plant

4:35                Tom Burgiss

RE:
Asphalt Plant

County Business

1.      Joint Meeting Reminder

2.      Phone Financing Bids

3.      Ladder Truck Inspection Request

4.      Transfer Facility Budget Amendment

5.      Del Reeves Proclamation

6.      Senior Tar Heel Legislature
Appointments

7.      Other Business

8.      Public Comments—30 minutes

9.      Closed Session—NCGS 143-318.11
(a) (3)—legal                        (added)

NCGS 143-318.11 (a) (6)—personnel

10.  Adjourn

Commissioner
Doug Murphy made a motion to approve
the minutes for the January 3,
2007, meetings.  Commissioner Warren
Taylor seconded the
motion.  Vote 4:0.

Commissioner
Randy Miller arrived at 3:34pm.

Mary
Walker, Tax Administrator, presented the December 2006 real property requests
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.  Commissioner Warren
Taylor seconded the motion.  Vote 5:0.

Mary
Walker presented the December 2006 vehicle requests in the amount of $1,059.44
for refunds and $3,124.19 for releases.

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

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 NADA
book for her recommendation of $6,460.

Commissioner
Milly Richardson made a motion to approve the Tax Administrator’s
recommendation of $6,460.  Commissioner
Warren Taylor seconded the
motion.  Vote 5:0.

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

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

Edwin
Barquet and Johnny Huffman came before the Board.  Mr. Barquet explained that he is the
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 Mountain
Estates.  They displayed a map
showing the property in Prime Mountain Estates.

The
Board of Commissioners, Edwin Barquet and Johnny Huffman discussed the location
of current houses in the Estates, recommendation letter for the Department of
Transportation, issues in the subdivision and development of the land.

Chair
Ken Richardson stated that the County will ask the Department of Transportation
to have a study completed before a letter of recommendation can be written.

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

April Choate, Alleghany in Motion (AIM) Director,
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 transportation
advisory board, grant monies received for administering the program and the
operational portion of the program, number of miles driven and hours and number
of trips, program cost reimbursements and the amount of training for each
employee.

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

Commissioner
Warren Taylor and April Choate talked about the increase in
transportation services since the beginning of the program in April 2001 and the
mountaineer express routes including Alleghany
County.

Chair
Ken Richardson thanked April Choate for her report.

Darlene
Douglas and Becky Higgins came before the Board to present the annual report
for Alleghany Group Homes including their activities, number of participants,
services provided, number of facilities associated with Alleghany Group Homes,
funding sources, programs at capacity with waiting lists, number of employees
and programs’ budgets.

Chair
Ken Richardson and Darlene Douglas talked about the waiting list.

Becky
Higgins invited everyone to tour their facilities.

Commissioner
Doug Murphy encouraged everyone to
take a tour.

Chair
Ken Richardson thanked the ladies for their time.

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

Commissioner
Doug Murphy asked about using portions
of different applications.

County Attorney
Donna Shumate stated that the Board
can take different portions of the applications.

Commissioner
Warren Taylor asked who selects the
members.

Planner
Amy Pardue stated that, typically,
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 recommendations are
using townships to help select members, following an application process and
members should have staggered terms of office.

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

Chair
Ken Richardson and Amy Pardue talked
about the size of a planning board.

The
Board of Commissioners talked about how to start the process including the
number of members on the planning board.
Commissioner Milly Richardson stated that she thinks the planning board 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.

County Manager
Don Adams asked the Board to decide the
number of members, members’ responsibilities and information on the
application.  He stated that the North
Carolina General Statutes wording states the legal duties.  He further stated that the Commissioners
may decide the amount of duties for the board.

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

The
Board of Commissioners and County Manager Don Adams
talked about the information on the application being public record.  They further talked about the planning board
would be volunteers.  They agreed on
Ashe County’s application.

Commissioner
Warren Taylor made a motion to
instruct Amy Pardue to create the
application and advertise for the nine-member board.  Commissioner Milly Richardson seconded
the motion.  Vote 5:0.

County Manager
Don Adams reminded the Board of the
Joint Meeting with the Sparta Town Council on January 29 at 7:00pm at the Sparta Town
Hall.

County Manager
Don Adams presented a resolution
from BB&T regarding financing the phone equipment for the Administration Building.  He stated that three bids were received;
BB&T—3.99%, First Charter—5.05% and Wachovia—6.2%.  He explained the process of installing a
phone system and lease rates through Skyline versus owning the equipment.  He explained the prices to lease,
lease-to-own and purchasing the phone equipment.  He said he is recommending borrowing the
money from BB&T.  He explained this
action will save the County money.
He stated that this action does not impact the budget because these
funds are already budgeted.

Commissioner
Warren Taylor and County Manager Don Adams talked about a maintenance agreement would
be needed either way.

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

Commissioner
Doug Murphy and County Manager Don Adams talked about the equipment will be coming
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 their
phone services.

Commissioner
Warren Taylor and County Manager Don Adams talked about the installation of the phone
system and monthly phone costs.

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

County Manager
Don Adams reviewed the amounts of
money involved.

Commissioner
Doug Murphy seconded the
motion.  Vote 5:0.

Tom
Burgiss came before the Board to discuss recent actions by the courts regarding
the lawsuit about the asphalt plant.
He explained the recent actions, appealing the verdict and legal papers
obtained regarding the defendant’s response to the Summary Judgment.  He stated that the question should be
what is best for all of the citizens in the county.  He offered his assistance in regards to
this action.  He talked about the Board
of Commissioners can act as the planning board and the Institute of Government 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 entire
county.  He further stated that he
is going to help the Commissioners, doing further research to find out whether
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.

County Manager
Don Adams presented budget amendment
General Fund #19 in the amount of $900 for the Sparta-Alleghany Volunteer Fire
Department ladder truck to be inspected.
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 periodically.

Commissioner
Milly Richardson made a motion to grant the request to approve budget amendment
General Fund #19 in the amount of $900.
Commissioner Warren Taylor seconded
the motion.  Vote 5:0.

County Manager
Don Adams explained budget amendment
Transfer Facility #2 in the amount of $15,000.  He further explained that this budget
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.

Commissioner
Milly Richardson made a motion to approve budget amendment Transfer Facility #2
in the amount of $15,000.
Commissioner Warren Taylor seconded
the motion.

Commissioner
Warren Taylor and County Manager Don Adams
talked about the amount of monies spent annually for maintenance and repairs.

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 option was
reviewed and it was cheaper financially to buy the loader the last time.

The
Board voted on the motion on the floor.
Vote 5:0.

County Manager
Don Adams presented a proclamation
regarding Franklin Delano “Del” Reeves.

Commissioner
Milly Richardson commended the author of the proclamation.

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

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

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.

Commissioner
Milly Richardson made a motion to approve the appointments of Cliff Phillips
and Pat Polly.  Commissioner Warren
Taylor seconded the motion.  Vote
5:0.

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.

Chair
Ken Richardson stated that he attended the legislative goals conference.  He talked about the top three needs;
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 Burgiss
and is concerned with the current situation.  He talked about the leaders followed the
law, issue is not about one plant in one corner of the county, facts that was
presented regarding that location, this is about our county and what will occur
in the future.  He stated he supports
the Commissioners in whatever action they take.  He thanked the Commissioners for their
time and hope the right decision will be made.

Glenn
Duckworth urged the Commissioners to go forward with an appeal because so far
it appears the county has lost.  He
stated the need to get new legal representative if the Board decides to appeal.  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 asked
about the Commissioners’ meeting times.

Michael Schweitzer talked about the High-Impact Land Use/Polluting
Industries ordinance and being very proud on the adoption of the ordinance.  He stated that the county has suffered a
setback from the courts.  He urged
the County to appeal this decision because the ordinance was the right thing 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 ordinances
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 another
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 the
meeting schedule.

Chair
Ken Richardson talked about a public meeting at 6:30pm for revaluation in this
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.  Commissioner Doug Murphy seconded the motion.  Vote 5:0.

Commissioner
Warren Taylor made a motion to
adjourn the closed session at 6:18pm and reconvene the regular meeting.  Commissioner Milly Richardson seconded
the motion.  Vote 5:0.

Chair
Ken Richardson stated no actions were taken during closed session.

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.

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 Board

Attest:

Ken Richardson

Chairman