The Alleghany County Board of Commissioners met in regular
session on Monday, February
5, 2007, at 6:30pm
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 Randy Miller, Commissioner Doug Murphy, Commissioner Milly
Richardson, County Attorney Donna Shumate, County Manager
Don Adams, and Clerk to the Board Karen Evans.

Chair Ken
Richardson called the meeting to order and welcomed everyone.

Commissioner
Doug Murphy led the Pledge of
Allegiance and opened the meeting with a prayer.

Commissioner
Randy Miller made a motion to approve the agenda for this February 5, 2007, meeting.  Commissioner Doug
Murphy seconded the motion.  Vote 5:0.

AGENDA

Monday,
February 5, 2007

6:30 PM

6:30                Meeting Called To Order, Pledge of
Allegiance and Prayer

Motion
on Agenda for February 5,
2007, meeting

Motion on Minutes for January 16, 2007, DOT
meeting; January 18, 2007,
meeting; January 18, 2007,
special meeting

6:35                Public Hearing

RE: 2004 Scattered Site Grant
Close-Out

6:45                Public Hearing

RE:  E-911 Road Names

6:55                Amy Pardue

RE:  Subdivision Plat Approvals

7:15                Mary Walker

RE:  Tax Office Annual Report,
Collection’s Report, Delinquent Taxes and

Board of Equalization & Review

7:40                NC Forestry Service Annual Report

7:50                Cooperative Extension Annual Report

County Business

1.      Extension Service Memorandum of
Understanding

2.      Soil & Water Operational
Agreement

3.      Alleghany in Motion Certifications
and Assurances

4.      ABC Permitting Resolution

5.      Secondary Road Resolution

6.      Long Term Care Advisory Committee
Reappointment

7.      Animal Control

8.      Driver’s License Office

9.      Planning Board Discussions

10. Other Business

11. Public Comments—30 minutes

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

13. Adjourn

Commissioner
Randy Miller made a motion to approve the minutes for the January 16, 2007, DOT meeting; January 18, 2007, meeting; January 18, 2007, special
meeting.  Commissioner Warren Taylor seconded
the motion.  Vote 5:0.

Chair
Ken Richardson opened the public hearing on the 2004 Scattered Site Grant at 6:32pm.

Michelle Ball came before the Board to talk about the 2004 Scattered Site
Grant.  She explained the program,
how the monies were spent including how many houses were renovated or
relocated.  She talked about the
County is scheduled to receive another $400,000 grant in 2007.

Chair
Ken Richardson asked for public comments.
None were received.

Chair
Ken Richardson closed the public hearing at 6:35pm and reconvened the regular meeting.

Commissioner
Milly Richardson made a motion to approve the closeout performance report.  Commissioner Doug
Murphy seconded the motion. Vote 5:0.

Wendy Williams, E-911 Coordinator/Mapper, presented three road names for
approval; JJ Lane, Hamm Farm Lane,
David’s Way.  She explained
the location of each road.

Chair
Ken Richardson opened the public hearing regarding the 911 road names at 6:38pm.

Chair
Ken Richardson asked for public comments.
None were received.

Chair
Ken Richardson closed the public hearing at 6:40pm and reconvened the regular meeting.

Commissioner
Randy Miller made a motion to approve the road names as presented by the E-911
Coordinator/Mapper.  Commissioner Warren Taylor seconded the motion.  Vote 5:0.

Amy Pardue, Planner, presented a subdivision plat for Blue Ridge
Estates showing a 66.03 acre tract located in the Glade Creek
Township with 55
lots.  She explained the roads in
the subdivision, and there is an eight-foot walking trail easement around the
development.

Commissioner
Milly Richardson and Amy Pardue
talked about the Property Rights Protection Ordinance applying only to
commercial businesses and not in this situation.

County Manager Don Adams explained
the process of having the planning board consider changes to the Property
Rights Protection Ordinance and holding a public hearing.

Commissioner
Milly Richardson stated this should be the first order of business for the new
planning board.

Commissioner
Doug Murphy and Amy Pardue talked about the roads in the
subdivision.

Commissioner
Milly Richardson and Amy Pardue
talked about a stipulation being on the deed regarding private roads.

County Manager Don Adams stated
that the Department of Transportation would have to certify the road meets State
standards.

Commissioner
Milly Richardson talked about as long as the developer understands that these
roads can’t be taken over by the Department of Transportation then there
shouldn’t be problems later.

Commissioner
Warren Taylor made a motion to approve the subdivision as presented by the
Planner.  Commissioner Randy Miller
seconded the motion.  Vote 5:0.

Amy Pardue presented a subdivision plat for Cave Rock Estates showing
two five-acre tracts located in the Cherry
Lane Township
with 10 lots.  She explained the
roads in the subdivision.

Commissioner
Randy Miller made a motion to approve the subdivision as presented by the
Planner.  Commissioner Warren Taylor seconded the motion.  Vote 5:0.

Amy Pardue presented a subdivision plat for Roaring Gap Club showing
an 81 acre tract located in the Cherry
Lane Township
with 10 lots.  She explained the
roads in the subdivision.  She
further explained that she has inspected the property, and the roads are paved with
phone and electric lines in place.

Commissioner
Doug Murphy made a motion to approve the subdivision as presented by the
Planner.  Commissioner Randy Miller
seconded the motion. Vote 5:0.

George
Stancil, Director of Extension Services, presented their annual report including
staff members, major initiatives, trainings attended, customer contacts, amount
of information provided, workshops, tours, demonstrations, radio shows,
fundraising, community activities they are involved in, experience of staff and
the funding spilt between the County and the State for personnel costs.

Commissioner
Warren Taylor, County Manager Don Adams
and Bob Edwards talked about the Memorandum of Understanding including the
30/70 salary spilt for personnel.

The
Board thanked George Stancil for his report.

Hunter
Birkhead introduced Brandon Keener and Tommy Sports and explained their
positions with the Forestry Service.
He talked about the package for the county ranger position.

Tommy
Sports presented an annual report for the Forestry Service.  He handed out copies of his report.  He named Alleghany County
people who helped the Forestry Service during the year.  He reviewed the statistics for 2006
including the accomplishments, total acreage, amount of damage, Firewise
program, forest management numbers and pest control.

The
Board of Commissioners stated their appreciation to the Forestry Service
personnel.

Mary
Walker, Tax Administrator, presented the annual report for the Tax Office.  She gave a brief description of the tax
office’s activities, real property amount billed and collected, amount of
motor vehicles billed monthly, list personal property and business property,
transfer all of the deeds, completed revaluation, new assessment software,
upcoming appeal process, number of farm-use applications and request for
elderly exemptions, changes in advertising tax liens, implementing a new
billing and collecting system in late February or March and projects completed
during the year.

Commissioner
Milly Richardson and Mary Walker talked about the new tax base.

County Manager Don Adams
explained he will present more of this information during the budget planning
session.

Commissioner
Warren Taylor asked about delinquent
taxes back to 1996 and prior.

Mary
Walker talked about older delinquent taxes are tied to bankruptcy or are people
they can’t find and a portion will have to be wrote off in future.

Commissioner
Warren Taylor and Mary Walker talked about the older delinquent taxes are not
on the levy but they don’t go away.

Mary
Walker stated that according to the North Carolina General Statutes she must present
the tax collection report on the first Monday in February.  She explained that the collection rate is
91.44% currently.  She talked about
dates to advertise the delinquent taxes being the first week in May and will be
in the paper on May 10.

Commissioner
Randy Miller made a motion to give Mary Walker permission to advertise the
delinquent taxes the first week in May.
Commissioner Warren Taylor seconded
the motion.

Commissioner
Warren Taylor and Mary Walker talked
about a letter to delinquent property owners receive before the ad goes in the
paper.  She talked about some laws
are changing for advertising and will know more about that soon.

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

Mary
Walker requested that the Board start looking at dates for the Board of Equalization
and Review.  She reviewed the North
Carolina General Statutes’ guidelines regarding the meeting dates.  She reminded the Board that currently
there are approximately 100 appeals.

Chair
Ken Richardson asked if the Commissioners want to serve as the Board of Equalization
and Review.  He talked about all
five members don’t have to be present at all of the meetings.

The
Board talked about serving as the Board of Equalization and Review and agreed
to do so.

Mary
Walker talked about dates for the meetings.  She stated her opinion about how the
Board needs to proceed.  She asked
the Board to decide on four dates to begin with.

The
Board talked about the first two Tuesdays and Thursdays in April at 6:30pm.

Commissioner
Milly Richardson
talked about still being able to apply for use-value by working with Mary
Walker and sending a letter to be presented to the Commissioners for approval.

The
Board of Commissioners thanked Mary Walker.

County Manager Don Adams presented a Memorandum of Understanding (MOU)
between the Cooperative Extension Service and Alleghany County.  He explained that this MOU is to make
the agreement more uniform across the state.  He further explained the differences in the
old agreement and new agreement; salary percentages, regional positions and new
positions must be verbally agreed on before the position is offered.  He stated that the remaining portion is
the same.  He talked about the salary
match is in accordance to what the State gives.

Commissioner
Milly Richardson made a motion to approve the Memorandum of Understanding.  Commissioner Randy Miller seconded the
motion. Vote 5:0.

County Manager Don Adams presented
the Soil and Water Operational Agreement.
He reviewed the changes between the old agreement and new agreement
which is mainly supervising duties between federal and county employees.  He read the changes under personnel
about the supervising duties.

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

County Manager Don Adams presented
the certifications and assurances for Alleghany in Motion.  He explained that Alleghany County
receives federal funds to operate the transportation system.  He further explained that the monies revolve
around issues such as nondiscrimination, proper budget procedures, lobbying
activities, procurement policies, public hearings, school transportation,
demand response service and alcohol/drug testing policies.

Commissioner
Warren Taylor made a motion to approve the certifications and assurances.  Commissioner Milly Richardson seconded
the motion. Vote 5:0.

County Manager Don Adams
presented a resolution about naming Sheriff David Edwards as the county
official that makes recommendations to the suitability of persons or locations
for ABC permits.

Commissioner
Warren Taylor made a motion to approve the resolution as presented by the County Manger.  Commissioner Milly Richardson seconded
the motion. Vote 5:0.

County Manager Don Adams presented
the secondary road FY 06/07 resolution.

Commissioner
Warren Taylor made a motion to approve the resolution.  Commissioner Randy Miller seconded the
motion. Vote 5:0.

County Manager Don Adams stated
that Gill Thadani has been nominated to be reappointed to the Long Term Care
Advisory Committee.  He mentioned
that this committee has two vacancies if the Board knows of anyone that would
like to serve on this committee.

Commissioner
Warren Taylor made a motion to approve the reappointment of Gill Thadani.  Commissioner Milly Richardson seconded
the motion.  Vote 5:0.

County Manager Don Adams talked
about the Board of Commissioners and Town Council has received information
about animal control issues.  He
explained that Alleghany
County currently
contracts with Twin Oaks Vets for shelter services.  He further explained the current contract,
county’s responsibility and vet’s responsibility, compensation
agreement, adoption assistance and fundraising efforts.

Commissioner
Milly Richardson asked if the Commissioners need to look into the situation to
see if changes need to be made.  She
talked about repeat customers and groups of unwanted litters.  She stated that she will be glad to look
into this.

Commissioner
Doug Murphy reviewed the fees and how some people abuse the system.

County
Manager Don Adams stated that the real
issue is does the Board make spaying and neutering mandatory.  He further stated that the other group
offered $35 to have your animal spayed or neutered.  He talked about requiring spaying and
neutering for everyone or graduated rules.

Commissioner
Warren Taylor mentioned letting Commissioner Milly Richardson review the
situation.

Commissioner
Milly Richardson stated that she and Commissioner Murphy will look into this
and report back.

County Manager Don Adams
updated everyone about how the County handles cats.  He explained that the animal control ordinance
centers on dogs.  He reviewed how
the ordinance is enforced and that if cats are a problem then a study would
need to be completed regarding spaces needs, personnel needs, et cetera.

Commissioner
Milly Richardson
talked about dogs are vicious and a threat to the public and when cats become a
public threat then the Board will address that situation.

County Manager Don Adams stated that he has received information
from the State that the Driver’s License office will close its location
at Law Enforcement Center
and replace it with a bus service.   He further stated that he has contacted
our representatives, and Representative Jim Harrell is trying to find out what
is going on and the Board should wait for his research.  He explained his meeting with state
officials and why they are looking at doing this.

Commissioner
Milly Richardson asked the County
Manager to continue to
keep the Board updated.

Commissioner
Warren Taylor and County Manager Don Adams
talked about the office hours, two people would be serving Alleghany County
citizens and doing simple tag renewals.

County Manager Don Adams
updated the Board regarding the progress with the planning board.  He stated that the positions have been advertised
and are accepting applications.  He
further stated that the application deadline is February 13, and two
applications have been turned in.

Commissioner
Doug Murphy made a motion to extend the application deadline for another
week.  Commissioner Milly Richardson
seconded the motion.

Commissioner
Ken Richardson and Planner Amy Pardue
talked about continuing to advertise and spreading the word to let people know.

Commissioner
Milly Richardson said that the Board needs to get the applications in
people’s hands.

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

Chair
Ken Richardson and County Manager Don Adams
talked about holding a public hearing and the process.  Chair Ken Richardson asked that the public
hearing be scheduled for the first meeting in March.

Commissioner
Doug Murphy asked if maps are available for the public to see for the joint
water project about where the lines will run.

County Manager Don Adams stated
that the lines will be along 21 and small lines running from the pumping
station.  He reminded everyone that
the water authority has no authority in this county.  He stated that the lines will be in the right-of-way
and the water authority will only sell water to the Town of Sparta
or Alleghany County not individual users.  He talked about issues with mandatory
tapping on.

Commissioner
Doug Murphy and County Manager Don Adams
talked about it will basically follow the State’s right of way.

Commissioner
Milly Richardson stated that she met with the Fire Commission and has shared the
concerns with the County
Manager.  She said that she will talk about it
more later.

Chair
Ken Richardson asked for public comments.

Dean
Choate asked about the new planning board.
He stated that some people feel like the township won’t like the “one”
person representing the township and how will the Commissioners handle that.

Chair
Ken Richardson further comments.  None
were received.

Commissioner
Warren Taylor made a motion to enter
into closed session at 8:16pm
under NCGS 143-318.11 (a) (3)—legal.  Commissioner Milly Richardson seconded
the motion.  Vote 5:0.

Commissioner
Warren Taylor made a motion to adjourn the closed session at 9:08pm and
reconvene the regular meeting.  Commissioner
Milly Richardson seconded the motion.
Vote 5:0.

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

Commissioner
Warren Taylor made a motion to enter into the settlement agreement with Maymead
which will be attached to the order in this case.  Commissioner Milly Richardson seconded
the motion.  Vote 5:0.

Being
no further business, Commissioner Milly Richardson made a motion to adjourn at 9:09pm.  Commissioner Warren
Taylor seconded the motion.  Vote 5:0.

Respectfully
submitted,

Karen Evans

Clerk to the Board

Attest:

Ken Richardson

Chairman

ALLEGHANY COUNTY

NORTH CAROLINA

RESOLUTION

WHEREAS,
G.S. 18B-904 (f) authorizes a governing body to designate an official, by name
or by position, to make recommendations concerning the suitability of persons
or locations for ABC permits; and

WHEREAS,
the County of Alleghany wishes to notify the NC ABC
Commission of its designation as required by G.S. 18B-904 (f);

BE
IT THEREFORE RESOLVED that David Edwards, Sheriff, is hereby designated to
notify the North Carolina Alcoholic Beverage Control Commission of the
recommendations of the County
of Alleghany, regarding
the suitability of persons and locations for ABC permits within its
jurisdiction.

BE
IT FURTHER RESOLVED THAT notices to the County of Alleghany
should be mailed or delivered to the official designated above at the following
address:

Mailing
Address:   Post Office Box 53

Office
Location:    40 Alleghany Street

Sparta, North
Carolina 28675

(336)
372-4455

Adopted this the 5th day of February,
2007.

NORTH CAROLINA               )

ALLEGHANY
COUNTY        )

RESOLUTION

FISCAL YEAR 2006-2007
SECONDARY ROAD CONSTRUCTION PROGRAM

WHEREAS,
at a Public Hearing conducted on Tuesday, January 16, 2007  at 7:00pm in the Commissioners Meeting
Room of the Alleghany County Administration Building for the purpose of
considering the Secondary Road Improvement Program for Alleghany County; and,

WHEREAS, the fiscal year 2006-07
Secondary Road Construction Program was presented by the personnel
representatives of the N.C. Department of Transportation, with Alleghany County
having been allocated $4,337,1173.92; and,

WHEREAS, after hearing the concerns of
the citizens of Alleghany
County, and in order to
expedite the beginning of construction of secondary roads; and,

WHEREAS, the Alleghany County Board of
Commissioners deemed that the best interest of the citizens of Alleghany County was to concur with the
recommendations as presented by the N.C. Department of Transportation.

NOW, THEREFORE BE IT RESOLVED, by the
Alleghany County Board of Commissioners that the Secondary Road Construction
Fund for FY 2006-2007 be expended in the following manner:

FY
2005-2006 Allocation

Highway
Fund                                                 $
1,257,394

Trust
Fund                                                             724,599

Total
Allocation                                               $
1,981,993

FY 2006-2007 Anticipated Allocation

Highway
Fund                                                 $
1,350,232.25

Trust
Fund                                                           1,004,892.67

Total
Anticipated Allocation
$
2,355,124.92

Two-Year
Total                       $4,337,117.92

PAVING UNPAVED
ROADS

SR 1126           Wooten
Road -$100,000

Supplemental
Funding – 0.40 mile

Rural Priority #11H

SR 1177           Tiley Road -$200,000

Supplemental
Funding – 0.56 mile

Rural
Priority #21

SR 1456           Presnell Road - $50,000

Supplemental
Funding – 0.50 mile

Rural
Priority #23

SR 1151A        Cheek Mountain Road
- $1,000,000

From
West 3.43 miles to NC 18 – 3.43 miles

Rural
Priority #1F

SR 1352           Kennedy
Road - $100,000

From
SR 1358 to Dead End – 0.30 mile

Rural
Priority #2F

SR 1407           Nile
Road -$200,000

From
SR 1405 to Virginia Line – 0.25 mile

Rural
Priority #3F

SR 1409           Duncan
Ridge Road - $350,000

From
SR 1407 to SR 1412 – 0.49 mile

Rural
Priority #4F

SR 1432           Osborne
Call Road - $225,000

From
SR 1422 to Dead End – 0.76 mile

Rural
Priority #5F

SR 1306           Loggins Road -$150,000

From
SR 1303 to Dead End – 0.40 mile

Rural
Priority #6F

SR 1340           Fox
Knob Road - $75,000

From
NC 93 to Dead End – 0.10 mile

Rural
Priority #7F

SR 1408           Cox
Run Road - $200,000

From
SR 1407 to Dead End – 0.58 mile

Rural
Priority #8F

SR 1315           Phipps
Diary Road -$350,000

From
NC 93 to Dead End – 1.25 miles

Rural
Priority #9F

SR 1158A        Old County Line Road
- $300,000

From
SR 1157 to US 221 – 0.93 mile

Rural
Priority #10F

Rural
Paving Total (9.95 miles)           $3,300,000

Rural Paving Alternates

In the
event that any roads in the priority have to be placed on the “Hold
List” due to unavailable right of way or environmental review, or if
additional funding becomes available, funds will be applied to the road
(s) listed in priority order in the paving alternate list.

SR 1411           Old
Quarry Road - $330,000

From
SR 1436 to SR 1412 – 1.05 miles

Rural
Priority #11

SR 1328           Long
Bottom Road
- $375,000

From
SR 1330 To NC 113 – 1.20 miles

Rural
Priority #12

GENERAL SECONDARY
ROAD IMPROVEMENTS

Various                        Spot
Stabilization, paved road improvements,

replacement of small bridges with pipe,

safety projects, etc. - $114,382.17

SR 1143           Elk
Knob Road – Re-Alignment of Curve ~ 0.3
miles east of NC 18 - $200,000

Paved
Road Improvements      $314,382.17

UNPAVED ROAD SPOT
IMPROVEMENTS

Spot Stabilization—State Roads                                                                                   $250,853.64

1102

1109

1117

1123

1126

1128

1129

1130

1131

1132

1134

1135

1138

1139

1141

1148

1151

1154

1156

1158

1159

1163

1165

1166

1167

1168

1170

1171

1174

1180

1183

1191

1193

1209

1300

1302

1305

1306

1310

1311

1313

1314

1315

1317

1318

1328

1332

1340

1342

1344

1349

1351

1352

1353

1354

1355

1356

1400

1401

1403

1405

1406

1407

1408

1409

1411

1416

1423

1428

1432

1434

1437

1438

1439

1443

1446

1450

1455

1462

1468

1479

1480

1501

1515

CONTINGENCIES

Reserved for Staking, Right-of-Way Acquisition, Road
Additions,     $471,882.17

Emergencies, Overdrafts, and Paving Entrances to Certified
Rescue

Squads and Fire Departments.

Notes:  Program
Subject to Availability of Funding, Right-of-Way, and Environmental Review.  Proposed Funding Allocations are only
projections. Should the actual allocations be greater, NCDOT will continue down
the priority list to fund additional secondary road projects.  When secondary roads cannot be paved due
to inability to obtain right of way, NCDOT will continue down the priority list
to fund additional secondary road projects.

Approved this the 5th day of February,
2007.