The Alleghany County Board of Commissioners met in regular session = on Monday, December 1, 1997 at 6:30 PM in the Conference Room of the County Of= fice Building, 90 South Main Street, Sparta, North Carolina

&= nbsp; The Alleghany County Board of Commissioners met in regul= ar session on Monday= , February 4, 2= 008, at 6:30pm in the= Board Meeting Room of the Count= y Administration Building, 348 South Main Street, Sparta, North Caro= lina.

&= nbsp; Present: Chair Ken Richardson, Vice-Chair W= arren Taylor, Commissioner Randy Miller, Commissioner Doug Murphy, Commissioner M= illy Richardson, County Attorney Donna Shumate, = County Manager Don Adams, and Clerk to the Bo= ard Karen Evans.

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 Mary Walker will not be here because of a death in her family and Rita Miller is here to dis= cuss the tax collectors report and Board of E&R schedule.<= /p>

Commission= er Milly Richardson made a motion to approve the amended agenda for this February 4, 20= 08, meeting. Commissioner Randy M= iller seconded the motion. Vote 5:0.

AGENDA

Monday, Feb= ruary 4, 2008

= 6:30 PM

6:30 &= nbsp; Meeting Called To Order <= /o:p>

Pledge of Allegiance and Praye= r

&= nbsp; &nbs= p; Motion on Agenda for February 4, 2008, meeting

Motion on Minutes for January 23, 2008, meeting <= o:p>

6:35 A. &nbs= p; Public Comments—30 minutes

B. = Public Hearing

RE: 911 Road Names

C. = Mary Walker/Rita Miller

RE: Tax Office Annual Report &n= bsp; (deleted)

Tax Collectors Report

D. = Forestry Service Annual Report

E. = Tom McDevitt/Suzie Long

RE: LME Update

F. = Steve Allan

RE: Safety Needs Assessment Report

G. = Jack Joines

RE: Conditional-Use Permit Appeal

H. = County B= usiness

1. Joint Meeting Schedule with To= wn

2. Social Services Budget Amendme= nts

3. Ropes Course Budget Amendment<= o:p>

4. Sign Ordinance

5. Other Business

6. Closed Session—NCGS 143-= 318.11 (a) (6)—personnel

7. Adjourn

Commissioner Milly Richardson made a motion to approve the minutes for the January 23, 2= 008, meeting. Commissioner Randy Miller <= /span>seconded the motion.&nb= sp; Vote 5:0.

Chair Ken Richardson opened the public comments’ portion of the meeting and asked for public comments.

Paul Reeves stated his appreciation to the Board for allowing him to speak. He talked about the amount spent o= n the Planning Board, junk yards in Twin Oaks and asked who is going to work on this. He further talked about= right of ways for small subdivisions, recommended right of ways then mandatory ri= ght of ways, the fall of real estate when zoning took effect, County roads are = 55 miles per hour unless otherwise posted and the amount of unpaved roads. He asked how many get right-of-way permits. He stated that thing= s have gotten out of hand and is costing a lot of money. He talked about the high-quality w= aters requirements and involving the corps of engineers. He said everyone has to get some reasoning into zoning, and it is doing damage to the community. He asked the Board to help them ou= t on this.

Todd Dittrich with Dittrich Construction stated that he has been working 18-19 y= ears in construction. He talked about issues with sewer permits because permit p= roblems and permitting is taking three to four months. He stated that he is losing busine= ss. He said he understands that the St= ate is regulating this, and thought maybe someone could get in touch with the Stat= e to see if they can be a little more realistic. He talked about having a house rea= dy to build, and the perk holes were ready before Thanksgiving but it still hasn’t happened. He tal= ked about losing customers, losing houses and losing people because of the sewer system requirements. He asked= the Board to see what could be done. He stated that he is not the only person here with problems. He thanked the Board for their tim= e.

Chair Ken Richardson asked for further public comments. None were received. He closed the public comments’ portion of the meeting.

Wendy Williams, E= -911 Coordinator/Mapper, came before the Board to present one road name; Lovers Lane= . She explained where the road is located.

Chair Ken Richardson opened the public hearing regarding the 911 road name at 6:40pm.<= /p>

Chair Ken Richardson asked for public comments.&= nbsp; None were received.

Chair Ken Richardson closed the public hearing at 6:41pm and reconvened the regular meeting.

&= nbsp; Commissioner Milly Richardson made a motion to approve the road name as presented by the E-911 Coordinator/Mapper. Com= missioner Warren Taylor seconded the motion. Vote 5:0.

Rita Miller, Assistant Tax Appraiser, presented the tax collection report as of January 31 being 89.4%. She explained the amount billed wi= th the remaining amount payable.

Rita Miller talked about scheduling the Board = of Equalization and Review meetings. She explained that by Statute the dates must be between April 7 and = May 5. She further explained that= she thought three meetings would be enough.

Chair Ken Richard= son, County Manager Don Adams and <= st1:PersonName w:st=3D"on">Rita Miller talked about real property collect= ion rates and vehicle collection rates.

Barry Maines with= the Forestry Service presented information for 2007 regarding their activities including forestry management plans and forest fires. He stated a special thanks to the = Volunteer Fire Departments for their prompt action on the forest fires. He further stated his appreciation= to the citizens during the statewide burning ban. He explained that two communities = are being assessed to be firewise communities.= He explained the other activities they are involved in throughout the year.

Commissioner Doug Murphy and Barry Maines talked about how = the firewise community distinction could assist with the homeowners’ insurance premiums.

Shelly Lackey tha= nked Commissioner Warren Taylor for= his activities serving with the Smoky Mountain Center. She explained the Smoky Mountain Center’s purp= ose, and they will be providing quarterly updates. She introduced Suzie Long and Tom McDevitt and explained their roles with the Smoky Mountain Center.<= /span>

Suzie Long explai= ned that they officially became the area LME as of July 1, 2007. She talked about New River is now a service provider and their activities. She talked about Smoky, functions = of Smoky Mountain LME, providers other than New River, meeting regularly with New Ri= ver and Smoky’s relation with New River.

Tom McDevitt expl= ained the hospital pilot program and how it works. He talked about crisis and emergen= cy services, working closely with Senator Nesbitt about this action. He further talked about Senator Ne= sbitt really likes the partnership that Smoky has with community hospitals. He explained initiatives involving= youth in crisis and nursing homes initiatives regarding mental health and substantives abuse. He further explained that they are meeting with local law enforcement officials to find out their processes in order to make it go more smoothly. He talked about the State mandated= a review of all LME’s and every LME went thru the audit including Smoky. He further talked about areas of r= eview and determination of each LME. He stated that he thinks the vast majority is not up to standards and the revi= ew will look at other areas to determine functions that the LME shouldn’= t be doing.

Commissioner Milly Richardson stated that this has been quite informative.

Commissioner Warren Taylor and Chair Ken Richardson thanked= them for coming.

Chair Ken Richard= son called for a brief recess.

County Manager Don Adams explained how the process was started regarding the safety assessment study.&nbs= p; He further explained that this is the first step in a long journey.<= o:p>

Steve Allan prese= nted a PowerPoint presentation regarding the Public Safety Capital Needs Assessm= ent Study involving the Sheriff’s Office, Emergency Medical Services, Emergency Management, Rescue Squad and all of the Volunteer Fire Department= s. He reviewed the maps, projected po= pulation numbers, call volume, agency performance, response times, agency funding, b= asis of needs, finding and issues of concerns, compatibility of vehicles with conditions found, facilities, age of vehicles, recommendations, probable co= sts, summary and future considerations and where do we go from here.<= /span>

Chair Ken Richard= son stated that this is the first time the Board has heard this information and= is what the Board needs. He talk= ed about including this in the budget workshop about next year.

Steve Allan stated that the people involved with these organizations are committed to what they are doing.

Commissioner Doug Murphy and Steve Allan discussed a training facility and how it could be us= ed.

Commissioner Mill= y Richardson talked= about this is an extreme wakeup call for the Commissioners, and it should have be= en done a long time ago. She tha= nked Mr. Allan for his report.

County Manager Don Adams talked about this is a capital impro= vement plan. He urged everyone to pay attention to the steps and processes to follow from here. He talked about the Fire Commissio= n can start prioritizing the needs, look at how services to the citizens can be improved and look at services to be provided.

Chair Ken Richard= son called for a brief recess.

Jack Joines came = before the Board to discuss an appeal for the Board to consider on 654 Pardue Road. He explained that the mobile homes= had been set down in 2004 including having septic permits. He asked if the Board had any ques= tions.

County Manager Don Adams reviewed the Board’s packet, a= ppeal, minutes, application, recommendations from the Planner, building inspections letter, tax information. He s= tated that it was his understanding that basically Mr. Joines is requesting this = to be grandfathered in.

Jack Joines expla= ined that the mobile homes are there and ready with minor work to be done since = they were set down in 2004 but was never pursued by the previous owner.

Chair Ken Richard= son asked what they have been used for from 2004 until now.

Jack Joines stated that they haven’t been used for anything. He talked about they met the 2004 guidelines. He reiterated tha= t they were set down in early to mid 2004, and no one has occupied them.

Chair Ken Richard= son talked about three mobile homes on one acre.

Kathy Murphy talked about the Property Rights Protection Ordinance requirements for mobile homes lot sizes and parks. She further talked about the 180-d= ay requirement that if it hasn’t been used for 180 days then it is no lo= nger considered as that use. She s= tated that the Planning Board discussed this application and decided this is a mo= bile home park.

Commissioner Warren Taylor asked is the septic hooked up.

Jack Joines expla= ined the location of the land and the condition of the septic systems. He talked about these mobile homes= meet all of the requirements except the acreage requirement.

Kathy Murphy talked about her original discussi= ons with Mr. Joines.

County Manager Don Adams talked about the finding of fact and actions by the Planning Board. He stated that there are two separate issues; vested rights and variance. He pointed out that the finding of= fact addressed vested rights. He r= eiterated there are two issues. He aske= d the Board to read the findings of fact.

Commissioner Warren Taylor asked about the septic system be= ing hooked up.

Jack Joines expla= ined the system and how much of it has been installed.

County Attorney Donna Shu= mate stated that vested rights have to have certain things to be obtained. She talked about the 180-day rule.= She explained the section for vest= ed rights according to the ordinance. <= /span>

Commissioner Milly Richardson stated that it seems the Board has no option about vested rights. She asked about varia= nces.

County Attorney Donna Shu= mate stated that she will have to look into variances. She talked about the conclusions f= rom the Planning Board. She expla= ined that one mobile home does have vested rights but the other two don’t.=

County Manager Don Adams explained that the variance requires= certain questions to be answered.

Kathy Murphy talked about her recommendation to= the Planning Board including the answers to the compatibility questions.

County Manager Don Adams talked about having two interpretati= ons of the ordinance regarding this situation; article 9 non-conforming uses and non-conforming occupied lot. = He talked about the difference and Kathy Murphy’s recommendation and the Planning Board decision.

Jack Joines stated that no one can occupy a mobile home or house until they get a final electr= ic inspection, which is the last thing obtained.

Chair Ken Richard= son reviewed the Commissioners’ options and Jack Joines’ options.

County Manager Don Adams talked about non-conforming lots. He asked Donna Shumate if we are g= oing to have to go through the process again. He further asked can the Commission= ers change the Planning Board decision without having to go through the public hearing process again.

Chair Ken Richard= son and County Manager Don Adams talked about variances come before the Commissioners. Chair Ken Richardson stated that t= he Commissioners are only deciding vested rights tonight, and Jack Joines can = ask for a variance. County Manager Don Adams stated the need for = more discussions about occupied lots.

Commissioner Warr= en Taylor stated that it is obvious that the 180 days keeps it from being vest= ed rights. He talked about it ne= eds to go through a variance process.

County Manager Don Adams reviewed the Commissioners’ op= tions.

Commissioner Milly Richardson made a motion to uphold the Planning Board’s decision. Commissioner Warren Taylor seconded the motion. Vote 5:0.

County Manager Don Adams presented the 2008 joint meeting dat= es with the Town.

Commissioner Milly Richardson made a motion to approve the joint meeting schedule. Commissioner Randy Miller seconded= the motion. Vote 5:0. =

County Manager Don Adams presented budget amendment General F= und #18 in the amount of $27,556 for additional public assistance monies.

Commissioner Warr= en Taylor made a motion to approve budget amendment General Fund #18 in the am= ount of $27,556. Commissioner Milly Richardson seconded the motion. Vote 5:0.

County Manager Don Adams presented budget amendment General F= und #19 in the amount of $8,678 for the reclassification of a Social Worker IAT.

Commissioner Warr= en Taylor made a motion to approve budget amendment General Fund #19 in the amount of $8,678. Commissioner Milly Richardson seconded the motion. Vote 5:0.

County Manager Don Adams presented budget amendment General F= und #20 in the amount of $300 for the Ropes Course. He explained that these are monies= that Mr. Wing has received through donations.

Commissioner Warr= en Taylor made a motion to approve budget amendment General Fund #20 in the am= ount of $300. Commissioner Doug Mu= rphy seconded the motion. Vote 5:0= .

County Manager Don Adams stated that he believes that the Boa= rd was going to discuss the sign ordinance.

The Board talked about the timeframe on this issue.

Chair Ken Richard= son stated that he envisioned a very simple ordinance that deals with billboard= s, not the long ordinance that deals with every sign and a permitting process. He talked about the = County Manager did point out the need to register signs, and having signs above a certain size and height would not be allowed in Alleghany County.

Commissioner Milly Richardson stated that the Commissioners asked the Planning Board to come up with a sign ordinance, and they did. She further stated that the next time the Commissioners need to be m= ore specific. <= /p>

County Manager Don Adams talked about staff enforcement issue= s and questions about page 5, section 3.

Kathy Murphy talked about areas that conflict w= ith each other in the ordinance.

County Manager Don Adams talked about how this ordinance deal= s with temporary signs. He further t= alked about the need to pick a size to regulate.

Commissioner Warr= en Taylor asked if there is any need in the county to have a sign larger than = 15 by 15.

County Manager Don Adams stated that this ordinance limits si= gns to a 12 by 12.

Commissioner Warr= en Taylor asked why does the Board need all of this stuff to regulate a sign.<= span style=3D'mso-spacerun:yes'> He reiterated that this seems like= a lot.

Commissioner Doug Murphy stated that this is a thorough ordinance and appreciates the hard work. He talked about the Commissioners’ intent was to look at billboard-size signs.=

County Manager Don Adams talked about the need for lower and = upper dimensions for signs.

Commissioner Warren Taylor and County Manager Don Adams talked about the moratorium will be = up on February 15.

Chair Ken Richard= son talked about grandfather-in less than a certain size.

County Manager Don Adams stated that all current signs will b= e grandfathered in.

Commissioner Doug Murphy stated that the real issue is page 5, section 3.

County Manager Don Adams gave an example of regulating signs.=

The Board of Commissioners talked about measurements/sizes for signs.<= /p>

Commissioner Warr= en Taylor stated that he recommends that a couple of Commissioners meet with a couple people from the Planning Board.&nbs= p;

Commissioner Warr= en Taylor and Commissioner Milly Richardson volunteered to meet with a couple = of people from the Planning Board.

Kathy Murphy stated that this ordinance is what= the Planning Board wanted to regulate all off-site signs.

Commissioner Warr= en Taylor, Commissioner Doug Murphy and County Manager Don Adams talked about enforcement issues.

The Board of Commissioners discussed dimensions for the signs.

Bill Caudill, Planning Board member, stated that he wants to preserve the beauty of the County and have a nice place for future generations.

Chair Ken Richard= son stated that the next Planning Board meeting is on February 11. He talked about having an emergency meeting before the 15^th.

Commissioner Doug Murphy asked can the Board extend the moratorium.

County Attorney D= onna Shumate answered it can be extended but it has to have good reasons, and it= is not recommended.

Commissioner Warr= en Taylor asked about advertising the public hearing then the ordinance couldn’t change.

County Attorney Donna Shu= mate stated that the ordinance could be made less stringent.

Commissioner Warr= en Taylor suggested advertising for the public hearing then meeting with the Planning Board to discuss the ordinance.

Chair Ken Richard= son asked does the Board have time to advertise for the 18^th.

County Manager Don Adams stated yes.

Chair Ken Richard= son said to arrange for Commissioner Warren Taylor and Commissioner Milly Richardson= to meet with the Planning Board.

Commissioner Doug Murphy thanked Don Adams for getting the recycling bins at Sparta Elementary School.<= span style=3D'mso-spacerun:yes'> He stated that the kids appreciate= it too.

Chair Ken Richard= son talked about the two people that spoke today during public comments. He asked that he and the County Manager meet with them.

Commissioner Milly Richardson explained that a young man from the community has been wounded i= n Iraq, B= ob and Lynn Lane&#= 8217;s son, Adam. She stated that the community needs to remember these people in their prayers.

Commissioner Warren Taylor made a motion to= enter into closed session at 9:25= pm under NCGS 143-318.11 (a) (6)—personnel. Commissioner Randy Miller seconded= the motion. Vote 5:0. =

Commissioner Warren Taylor made a motion to adjourn closed session at 9:42pm and reconvene the regular meeting= . Commissioner Doug Murphy seconded = the motion. Vote 5:0. =

Chair Ken Richardson stated that no decisions were made during closed session.

&= nbsp; Being no further business, Commissioner Warren Taylor made a motion to adjourn at= 9:43pm. Commissioner Milly Richardson seco= nded the motion. Vote 5:0.

Respectfully submitted, &nb= sp;

Karen Evans &= nbsp; &nbs= p;

Clerk to the Boar= d &= nbsp;

Attest:

Ken Richardson

Chairman