The Alleghany County Board of Commissioners met in regular session on Monday, February 19, 2007, at 3:30pm in the Commissioners Meeting Room of t= he County Administration Building, 348 South Main Street, Sparta, North Caroli= na

The Alleghany County Board of Commissioners met= in regular session on Monday, February 18, 2008, at 3:30pm in the Board 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 Man= ager Don Adams and Clerk to the Board Karen Evans. County Attorney Donna Shumate was present but arrived late.

Chair Ken Richardson called the meeting to orde= r.

Commissioner Warren Taylor led the Pledge of Allegiance and opened the meeting with a prayer.

Chair Ken Richardson stated that closed session= for personnel needs to be added to this agenda.

Commissioner Milly Richardson made a motion to approve the amended agenda for this February 18, 2008, meeting. Commissioner Doug Murphy seconded = the motion. Vote 5:0.<= /span>

AGENDA

Monday, February 18, 2008

3:30 PM

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

= M= otion on Agenda for February 18, 2008, meeting

Motion on Minutes for February 4 and 11, 2008, meetings

Motion on January Tax Releases & Refunds

3:35 A. = Public Comments—30 minutes

B. &n= bsp; Mary Wa= lker

RE: Vehicle Tax Appeal

C. &n= bsp; Mike Pi= erce

= R= E: Northwest Cluster Update

4:00 D. = Public Hearing

&= nbsp; RE: Off-Site Sign Control Ordinance=

E. &n= bsp; David E= vans

RE: Fairgrounds Policy and Procedures =

F. = Sheriff David Edwards/Steve Cothren/Steve Crisp

= R= E: ZIMEK Presentation

= <= span style=3D'mso-spacerun:yes'> Smok= ing Policy

G. Extension Service Annual Report

H. Finance Office Annual Report and Audit Contract

I. &= nbsp; County Business

1. &n= bsp; Certificat= es of Appreciation

2. &n= bsp; Planning B= oard Appointments

3. &n= bsp; Interfund Transfer—Planning to Recreation

4. &n= bsp; Budget Amendment—Planning

5. &n= bsp; Budget Amendment—Glade Creek Volunteer Fire Department

6. &n= bsp; Budget Amendment—Maintenance

7. &n= bsp; Fuel Oil B= ids

8. &n= bsp; Old Post O= ffice Lease

9. &n= bsp; NCACC Reso= lution

10. Other Business

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

12. Adjourn

Commissioner Randy Miller made a motion to approve the minutes for the February 4 and 11, 2008, meetings. Commissioner = Milly Richardson seconded the motion. Vote 5:0.

Commissioner Milly Richardson made a motion to approve the real property releases and refunds for January. Commissi= oner Randy Miller seconded the motion. Vote 5:0.

Commissioner Milly Richardson made a motion to approve the auto refunds and releases for= January. Commissioner Randy Miller seconded= the motion. Vote 5:0.<= /span>

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

Paul Reeves asked why the County Commissioners do not have a blue print for the middle school so everyone can see it.

Brandon Hawks stated the need for a new plan for the town because people cannot sta= nd to see the area suffer any longer. He talked about students want to le= ave to have something better to do with their lives. He asked if everyone could start economic solutions to the economic problems that we have. He talked about having a movie the= ater could be a start and would be things for students to do. He further talked about the library needs to be expanded and the reasons. He asked everyone to reach out to businesses to come here, ways to h= elp the economic situation and help the citizens of the county. He thanked the Board for their tim= e.

County Attorney Donna Shumate arrived at the meeting.

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

Mary Walker, Tax Administrator, presented a vehicle tax appeal on a 1999 Silvera= do with her recommendation being $6,235.

Commissioner Warren Taylor made a motion to approve Mary Walker’s recommendation. = Commissioner Milly Richardson seconded the motion. Vote 5:0.

Mary Walker discussed the Board of Equalization and Review schedule. She reminded the Board about the requirements for the meetings. She stated that the Board probably will need three meetings. She talked about dates for the mee= tings.

Chair Ken Richardson stated that the Board will try to give Mary Walker dates at = the next meeting.

Mike Pierce came before the Board to present an update on the Northwest North Carolina Advanced Materials Cluster. He presented the information in a PowerPoint presentation by reviewi= ng the highlights of the Cluster including where are advanced materials, their= accomplishments and plan of work.

Commissioner Doug Murphy, County Manager Don Adams and Mike Pierce discussed providing education based on industry needs.

Mike Pierce continued providing an update including Martin Marietta being able to produce new vehicle prototypes and obtained grants to provide equipment to = the high school. He thanked the Board of Commissioners for their support.<= /o:p>

Commissioner Milly Richardson and Chair Ken Richardson stated their appreciation for the cluster’s activities.

Chair Ken Richardson opened the public hearing at 4:00pm regarding off-site signa= ge. He asked for public comments.<= /o:p>

Dan Abernathy came before the Commissioners as the Planning Board Chair. He encouraged the Commissioners to= consider passing the Planning Board’s ordinance and give it a chance to work. = He stated that staff has been keeping track of issues as they arise then go ba= ck and amend the ordinance to what needs changing. He further stated that temporary s= igns put up for Christmas Trees are exempt.&nbs= p; He asked everyone to read over the exemptions. He said that during the time that = the Planning Board worked putting this together with staff, they got feedback f= rom several people and responded to concerns that were presented at the time. He stated that the Planning Board’s intent is to strictly regulate off-s= ite advertising signs.

Chair Ken Richardson asked does the Planning Board recommend that all off-site si= gns be permitted.

Dan Abernathy talked about permitting is a way to keep up with the signs. He further talked about the number= of signs at one area in Ashe County. He stated that the Planning Board is concerned about signs popping up everything. He reiterated tha= t the permitting process is to maintain records about the signs, and the Planning= Board has never discussed a fee schedule.

Chair Ken Richardson talked about the workshop that Mr. Abernathy attended and he= ard comments about congratulating the Planning Board for their work on the comprehensive= ordinance. He explained what is the Planning Board’s responsibility and the Commissioners’ responsibility. He talked about the amount of work= that the permitting process will place on the staff.

Commissioner Doug Murphy stated that the grandfather clause would apply for all signs th= at are already in place.

Dan Abernathy stated that they would be grandfathered but would still require a= permit.

Chair Ken Richardson stated that his understanding is that all signs would have t= o be permitted in order to get accurate records.

Dan Abernathy agreed and stated that he didn’t gather information regardi= ng the number of signs in the county.

Planner Kathy Murphy stated that she drove one route looking at signs along the roa= ds when the sign ordinance was first being discussed. She said she took around 30 pictur= es of signs.

Jimmy Boyer stated that he is in the real estate business. He further stated that he has three copies of the sign ordinance. He asked which version the Board is hearing comments on.

Chair Ken Richardson stated all three because the Board wants to get public input= to decide which version.

Jimmy Boyer stated that after reading all three versions, he is firmly against this. He said that the State = has sign regulations, and let them take care of signs. He talked about other restrictions= that have to be done and the hardships they place on people. He said that the more law you have= the more costly government is. He talk= ed about he thinks the situation that started this was personality issues. He stated that we need free enterp= rise. He talked about the situation on H= ighway 221.

= Planner Kathy Murphy read an email from Martha Holder stating that “In the pa= st, the Commissioners, particularly the Chair, has only looked at the IMMEDIATE nee= ds of the county. However, it is evident that this has been a poor decision ma= king process as evidenced by the hundreds of thousands of dollars that the recent lawsuit cost Alleghany County. Instead, we need, as a county, to look forward and PLAN (that is, to consider and develop a meaningful process for development) in this county. For this reason, I encourage the Commission to consider the full ordinance as proposed by the County Planning Board. To do less will create an ordinance that not only is weak and unenforceable, but also does not address future needs of the County.”=

= Chair Ken Richardson asked that the email be made available to the Clerk to be attached to the minutes.

Chair Ken Richardson asked for further public comments. None were received. He closed the public hearing at 4:= 13pm.

David Evans, Recreation Director, came before the Commissioners to discuss the Fa= irgrounds policy and procedures. He des= cribed the proposed changes; clean-up checklist, sound system requirements with a deposit and changes on the fairgrounds application to include the PA/Amplif= iers will be turned off no later than 11:00pm and a $15 a day user fee starting = the day keys are pickup up until they are returned. He stated that these changes were approved by the Fairgrounds Board.

County Manager Don Adams explained the purpose of the deposit for the sound system= .

David Evans explained the reasons for changing the rules and regulations.

Commissioner Warren Taylor and David Evans discussed the fee schedule.

County Manager Don Adams explained the fee schedule.

Commissioner Warren Taylor and County Manager Don Adams discussed the sound system depos= it of $50 and the $15 a day would not be released.

Chair Ken Richardson asked if David Evans has the responsibility to be sure all of this is carried out.

David Evans answered yes he does. He explained that these fees will be collected from applicants from this point forward.

Commissioner Milly Richardson made a motion to approve the proposed changes as presented= by the Recreation Director. Commissioner Doug Murphy seconded the motion. Vote 5:0.

Steve Crisp/Chad Harris with ZIMEK Room Sterilizer came before the Board to discu= ss their room sterilizer product. Steve Crisp talked about the sterilizer and how it can be used in offices and vehicles. He expl= ained the handouts provided to the Board and how their product works including the ti= me it takes for treatments, list of the bacteria that it kills, costs of the necessary chemicals, costs to operate is 63¢ a minute, testimonial fro= m a customer, independent study, benefits of the system, price quote and leasin= g prices.

Commissioner Warren Taylor and Steve Crisp discussed excavating the building and inhalat= ion issues if someone remains in the facility.= Mr. Crisp stated that he had talked to the Sheriff and Steve Cothren= and they stated they do have somewhere for inmates to go.

Commissioner Doug Murphy and Steve Crisp discussed reentry time.

Commissioner Warren Taylor and Steve Crisp discussed how to proceed with the regular cleaning because the ZIMEK machine disinfects at a different level.

Commissioner Doug Murphy, Steve Crisp and Chad Harris discussed there aren’t any p= roducts out there that do this type of action; Homeland Security uses it, and relea= sed it for the public’s use.

Commissioner Warren Taylor and Steve Crisp discussed the weight of the machine and the chemicals. They also discusse= d this has a two-year warranty and shouldn’t have maintenance fees associated with it.

County Manager Don Adams asked about data comparing using this as compared to using standard cleaning practices and whether incidents decreased. Mr. Crisp stated that they donR= 17;t have data to prove that incidents decreased and explained cleaning procedur= es now versus with the system.

Commissioner Milly Richardson stated that she was invited to watch the demonstration. She talked about positive comments= she heard from EMS personnel about how it cleans the ambulances. She further talked about the numbe= r of departments that could use this. She stated that it is on wheels.

Steve Crisp stated that they use a lift-gate on a truck because they are in more = than five places a day. He talked = about using a transportation vehicle with a lift on the back to get it to several different stations.

Commissioner Warren Taylor and Steve Crisp talked about training will take around one ho= ur and they will train several people how to use the machine.

Commissioner Milly Richardson stated that there is a computer that keeps up with a log a= bout when stations were cleaned.

Commissioner Doug Murphy asked if they stand behind this product to get rid of the bacte= ria listed on the paper.

Steve Crisp and Chad Harris stated that the EPA stands behind it.

Chair Ken Richardson stated that the Board will take this under consideration. He further stated that the Board w= ill have budget workshops coming up. He thanked Mr. Crisp and Mr. Harris for their presentation.<= /p>

George Stancil, Extension Service Director, gave the Board information, and indivi= dually thanked the Commissioners for their efforts. He reviewed the activities of the Extension Service staff, introduced staff and their functions. He continued reviewing statistics including the number of contacts with the public, radio programs, newspaper articles, outstanding programs in 2007, agriculture activities, cattle association’s activities, services provided for by funding of 70% fro= m the State and 30% from the County. He thanked the staff and Board of Commissioners.

Commissioner Milly Richardson thanked George Stancil for his work with the Extension Service.

Chair Ken Richardson stated that Commissioner Randy Miller and County Manager Don Adams serve on the extension advisory committee.

Joy Hines, Finance Officer, came before the Board to present the annual audit contract with Martin Starnes and Associates. She provided a list of audit costs= for other counties as a comparison.

Chair Ken Richardson stated that it is important that Mrs. Hines and the County Manager recommend the contract

Joy Hines stated yes, she recommends approval of the contract.

Commissioner Warren Taylor made a motion to continue the audit contract. Commissioner Doug Murphy seconded = the motion. Vote 5:0. =

Joy Hines presented the Finance Office annual report. She stated that she provided a cal= endar to the Board so they will know what the Finance Office does. She informed the Board about the n= umber of transactions that the Finance Office does. She talked about activities the Fi= nance Office has been involved in; direct deposit, flu shot clinic, ORBIT retirem= ent system changeover, ESC changes. She further talked about things coming up in the near future; employee benefits= enrollment first week in June, audit funding will come from next year monies, auditors will be here the first week in March, budget process begins on March 4, 200= 8. She talked about the CD rates and = a comparison of using First Charter versus using another bank with a sweep account.=

Chair Ken Richardson said this is a good opportunity to see what the Finance Offi= ce does and how much money is handled in the office.

Commissioner Doug Murphy and Commissioner Milly Richardson stated their appreciation.

County Manager Don Adams stated that the Finance Office also does all of the solid waste billing and along with Karen Evans, act as the human resource departm= ent. He provided examples.

Chair Ken Richardson asked for Dan Abernathy and Sharrel Wyatt to come forward. He presented them with a certifica= te of appreciation for their term on the Planning Board. He explained that they will be rot= ating off of the Board. He thanked = them for their year of service.

Chair Ken Richardson stated that there are three proposals regarding the sign ordinance. He stated he would= like to have discussions among the Board.

Commissioner Milly Richardson talked about attending the Planning Board meeting, and they are concerned with the spacing requirements and that the Commissioners only want to address immediate concerns with the Planning Board wanting to look = at long-term needs. She said tha= t the Planning Board urged her to urge the Commissioners to adopt the original ordinance.<= o:p>

Commissioner Warren Taylor asked about the major differences between the versions.<= /o:p>

County Manager Don Adams talked about the revised ordinance, exemptions are differ= ent, prohibited are significantly different, differences in maintenance and differences in intersections requirements.= He stated that there are significant differences in the ordinances.<= span style=3D'mso-spacerun:yes'> He further stated that one is comprehensive and one is as basic as you can get and still deal with billboards.

Commissioner Milly Richardson made a motion to adopt the original version as presented by the Planning Board with the change in size being 4x8 and larger to be revie= wed in one year. Commissioner Doug Murphy seconded the motion.

Commissioner Warren Taylor stated that the Board should go with the original plan or the= no-permitting plan proposed earlier.

Commissioner Milly Richardson re-clarified her motion to be 4x8 and down will be exempt = and this only deals with off-site signs.

Chair Ken Richardson and Commissioner Doug Murphy discussed temporary signs.=

Commissioner Randy Miller stated that he thinks the Board should look at it in 6 months.=

Commissioner Milly Richardson amended her motion to 6 months rather than one year. Commissioner Doug Murphy seconded = the amendment. Vote 4:1 (Ken Richardson).

County Manager Don Adams clarified that #10 on page 4 will say that all signs 32 square feet or less are exempted from this ordinance and the ordinance is in effect for six months.

County Manager Don Adams reviewed the applicants for the two Planning Board vacancies. =

Chair Ken Richardson stated that these are for one-year appointments. He talked about starting with the vacancy for Prathers Creek.

Commissioner Milly Richardson stated that Mr. Williams appeared before the Board about concerns and showed his interest.

The Board talked about ways to proceed.

Chair Ken Richardson talked about tabling this until later in the meeting.

Commissioner Warren Taylor and County Manager Don Adams discussed the number of slots op= en and how to proceed.

County Manager Don Adams presented an interfund transfer from Planning to Recreati= on. He reminded the Board that additio= nal money was budgeted for another position in Planning, Amy Pardue left and the Board decided to split the Planning/Recreation department into two departme= nts by hiring a Planner and a Recreation Director.

Commissioner Milly Richardson made a motion to approve the interfund transfer. Commissioner Doug Murphy seconded = the motion. Vote 5:0.

County Manager Don Adams presented budget amendment General Fund #21 in the amount= of $1,103 for the Planning Department. He explained that this is for Kathy Murphy to attend the Floodplain Manager’s 2008 annual conference in order to become certified as a floodplain manager.

Commissioner Warren Taylor made a motion to approve budget amendment General Fund #21 in= the amount of $1,103. Commissioner Milly Richardson seconded the motion. Vote 5:0.

County Manager Don Adams presented budget amendment General Fund #23 in the amount= of $10,000 for Maintenance. He explained that this is due to several larger expenses this year; such as, elevator repairs, thermostats repairs, window repairs and air-conditioning repairs. He stated that he wi= ll instruct the County Manager to write a letter to the manufacture because all of the = thermostats have gone out in the Administration Building.

Commissioner Milly Richardson made a motion to approve budget amendment General Fund #23= in the amount of $10,000. Commis= sioner Warren Taylor seconded the motion. Vote 5:0.

County Manager Don Adams presented budget amendment General Fund #22 in the amount= of $2,281 for Glade Creek Fire Department.&nb= sp; He explained that this is monies from NCDOT to the fire department to reimburse for paving their entrance.

Commissioner Warren Taylor made a motion to approve budget amendment General Fund #22 in= the amount of $2,281. Commissioner Milly Richardson seconded the motion. Vote 5:0.

County Manager Don Adams presented fuel oil bids from G&B Energy and Hometown = Fuel Services. He reviewed the bid= s for COA, Duncan Recreation Center, EMS, off-road diesel from each company and t= he energy crisis bids and delivery charges. He reviewed the total costs for each company with a savings of approximately $79.63 if the County goes with Home= town Fuel Services.

Commissioner Milly Richardson and County Manager Don Adams discussed that the County hasn’t experienced any problems with Hometown’s delivery.<= /o:p>

Commissioner Milly Richardson made a motion to award the bid to Hometown Fuel Services.<= span style=3D'mso-spacerun:yes'> Commissioner Doug Murphy seconded = the motion. Vote 5:0. =

County Manager Don Adams presented a resolution approving commercial leases for the Old Post Office Building. He = reiterated that the property was bought by the Library and the rent monies would be us= ed towards building a new library. He explained that the Library fixes maintenance issues over $500 and the rente= rs fix maintenance issues under $500. <= /span>He stated that the Democratic Party would rent half for $400 per month for eig= ht months and Pathway Therapy Services would rent the other half for $400 per month for eight months. He st= ated that a request had been made to reduce the insurance from $2,000,000 to $1,= 000,000.

Commissioner Warren Taylor asked if the County Manager discussed the Democratic Party re= nting the facility with Pathway.

County Manager Don Adams stated that they know that people were looking to rent the facility.

Commissioner Warren Taylor made a motion to change the insurance and approve the resolution. Commissioner Doug Murphy seconded the motion. V= ote 5:0.

County Manager Don Adams presented a NCACC joint resolution regarding celebrating = 100 years of county unity.

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

County Manager Don Adams stated that he put the smoking policy regarding the Sheriff’s areas on this agenda. He explained he didn’t schedule it for an earlier meeting beca= use the Sheriff was already scheduled to be at this meeting. =

The Board of Commissioners stated to invite him back at another meeting.

Chair Ken Richardson asked the Board to discuss the Planning Board applicants. He stated that no one from Whitehe= ad applied. He asked the Board t= o rank the applicants.

The Board took a minute to rank the applicants.

The Board asked Kathy Murphy to tally the Commissioners’ ranking of the applicants.

Commissioner Warren Taylor stated that the Alleghany County sign on Highway 21 Mountain = is shot up and that is the first thing people see. He talked about the need to get th= e sign replaced.

Commissioner Randy Miller made a motion to enter into closed session at 5:39pm under NCGS 143-318.11 (a) (6)—personnel. Commissioner Milly Richardson seconded the motion. Vote 5:0.

Commissioner Milly Richardson made a motion to adjourn closed session at 6:05pm and reconvene the regular meeting. Commissioner Warren Taylor seconded the motion. Vote 5:0.

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

The Board asked Kathy Murphy about the tallying results.

Planner Kathy Murphy stated that everyone agreed about Jason Williams in Prathers C= reek to be on the Planning Board.

Commissioner Randy Miller made a motion to appoint Jason Williams from Prathers Creek to= the Planning Board. Commissioner = Warren Taylor seconded the motion. V= ote 5:0.

Planner Kathy Murphy stated that the ranking for the at-large member was tied betwe= en Mike Rowe, Jim Winfield and Jeffrey Wyatt.

The Board ranked those three people. Planner Kathy Murphy tallied the results.

Chair Ken Richardson mentioned the Board of E&R schedule. He reviewed the dates and procedur= es.

Planner Kathy Murphy stated that there is a tie between Mike Rowe and Jeffrey Wyatt= .

The Board ranked the two members. Planner Kathy Murphy tallied the votes and stated that Jeffrey Wyatt received three votes and Mike Rowe received two.

Commissioner Warren Taylor made a motion to appoint Jeffrey Wyatt as an at-large member = on the Planning Board. Commissio= ner Milly Richardson seconded the motion. Vote 5:0.

Being no further business, Commissioner Warren Taylor made a motion to adjourn the meeting at 6:11pm. Commission= er Doug Murphy seconded the motion. Vote 5:0.

Respectfully Submitted,

Karen Evans

Clerk to the Board

Attest:

Ken Richardson

Chairman

Joint Resolution Celebrating 100 Year= s of County Unity in

R= ecognition of Our Association’s Centennial

WHEREAS, the North Carolina Assoc= iation of County Commissioners is an advocacy and service organization made up of = all one-hundred (100) North Carolina counties; and

W= HEREAS, the active participation and engagement of all 100 counties have directed, = strengthened and enhanced our Association; and

W= HEREAS, the dedication and talents of individual county commissioners and county st= aff have led our Association’s success in advocacy, county-centered servi= ces and educational programs; and

W= HEREAS, an informal agreement to form our Association was made by a handful of coun= ty commissioners who, at the behest of Craven County Commissioner C.E. Foy, me= t in New Bern in 1908, to discuss county issues of common interest; and

W= HEREAS, the first session of our unofficial Association was held at the Atlantic Hotel = in Morehead City on August 19, 1908, where C.E. Foy was elected as president; = and

W= HEREAS, the North Carolina General Assembly passed an act on March 8, 1909 establis= hing our Association on behalf of counties;

N= OW, THEREFORE BE IT RESOLVED, that the North Carolina Association of County Commissioners and each Board of County Commissioners jointly recognize and = celebrate “100 Years of County Unity” in tribute to our Association’= ;s Centennial.

F= URTHER BE IT RESOLVED, that the Association communicate its copy of this joint resolution to each Board of County Commissioners.

F= URTHER BE IT RESOLVED, that the Alleghany County Board of County Commissioners= communicate its copy of this joint resolution to the North Carolina Association of Coun= ty Commissioners.

Adopted this the 18^th d= ay of February, 2008.

ALLEGHANY COUNTY

NORTH CAROLINA

Findings and Declaration of Policy Concerning Off-Site Signs

WHEREAS, roadways allow for the safe and efficient movement of peop= le, goods, and services and serve as the primary means of presenting the charac= ter of Alleghany County to travelers; and

&n= bsp;

WHEREAS, outdoor advertising can be considered a legitimate commerc= ial activity adjacent to other commercial activities along roadways; and

&n= bsp;

WHEREAS, off-site outdoor advertising signs serve a different funct= ion than on-site signs and should be regulated accordingly; and

&n= bsp;

WHEREAS, the Alleghany County Planning Board has recognized the nee= d to regulate the proliferation of off-site outdoor advertising signs as to their location, spacing, size, density, and other considerations, and after caref= ul study and consideration and holding a public hearing thereon, has developed this ordinance to accomplish these objectives; and

&n= bsp;

WHEREAS, the Alleghany County Board of Commissioners declares that control of outdoor advertising signs is necessary to promote the reasonable= and orderly display of such signs along roadways in order to maintain roadside views, to enhance the attractiveness of the area for residents and tourists= , to protect property values, to protect the public investment, to minimize distraction of operators of motor vehicles, and to promote the overall econ= omic welfare of Alleghany County; and

&n= bsp;

WHEREAS, the Outdoor Advertising Control Act (NCGS 136-126. et. seq= .) does not adequately achieve these purposes; and

&n= bsp;

WHEREAS, Alleghany County, pursuant to NCGS 153A-340, has the autho= rity to adopt zoning and development ordinances for the purpose of promoting hea= lth, safety, morals, or the general welfare; and

&n= bsp;

WHEREAS, Alleghany County intends to enact outdoor advertising sign regulations which are more restrictive and comprehensive than those now in effect and administered by = the North Carolina Department of Transportation; therefore,

&n= bsp;

BE IT RESOLVED, that the Alleghany County Board of Commissioners hereby adop= ts the following Ordinance:

&n= bsp;

Off-Site Sign Control Ordinance

Alleghany County, North Carolina

Table of Contents

Page #

ARTICLE I &= nbsp; &nbs= p; &= nbsp; Title &nb= sp; = &nb= sp; = &nb= sp; 3

ARTICLE II &= nbsp; &nbs= p; &= nbsp; &nbs= p; Authority = ; &n= bsp; = ; &n= bsp; = ; 3

ARTICLE III &= nbsp; &nbs= p; &= nbsp; Jurisdiction &n= bsp; = ; &n= bsp; = ; &n= bsp; 3

ARTICLE IV &= nbsp; &nbs= p; &= nbsp; Purposes &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; 3

ARTICLE V &= nbsp; &nbs= p; &= nbsp; &nbs= p; Applicability&n= bsp; = ; &n= bsp; = ; <= /span>4

ARTICLE VI &= nbsp; &nbs= p; &= nbsp; Sign Regulations&nb= sp; = &nb= sp; = 4 &= nbsp;

Section 1 &= nbsp; &nbs= p; &= nbsp; <= /b>Sign Regulations&nb= sp; = &nb= sp; = 4

Section 2         &= nbsp;           &nbs= p;            &= nbsp;          <= /b>Sign Exempted = ;            &n= bsp;            = ;            &n= bsp;       4

Section 3         &= nbsp;           &nbs= p;            &= nbsp;          <= /b>Temporary Off-Site Signs Regulated

But Not Requiring a Permit             =             &nb= sp; 5

Section 4         &= nbsp;           &nbs= p;            &= nbsp;          <= /b>Signs Prohibited             &= nbsp;           &nbs= p;            &= nbsp;       5

Section 5         &= nbsp;           &nbs= p;            &= nbsp;          <= /b>Off-Site Advertising Sign Regulations          5

ARTICLE VII         &= nbsp;           &nbs= p;            Sign Maintenance and Tree Cutting             = 7

Section 1         &= nbsp;           &nbs= p;            &= nbsp;          <= /b>Maintenance &nb= sp;            =             &nb= sp;            =              7

Section 2        &= nbsp;           &nbs= p;            &= nbsp;           Unlawful Cutting of Trees or Shrubs         &= nbsp;           &nbs= p;   7

ARTICLE VIII         &= nbsp;           &nbs= p;           Permits, Fees and Nonconforming Signs        8        &= nbsp;

Section 1         &= nbsp;           &nbs= p;            &= nbsp;          <= /b>Permits &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;       8

Section 2        &= nbsp;           &nbs= p;            &= nbsp;           Permit Application             = ;            &n= bsp;            = ;    9

Section 3         &= nbsp;           &nbs= p;            &= nbsp;          <= /b>Permit and Permit Emblem            =             &nb= sp;    9

Section 4        &= nbsp;           &nbs= p;            &= nbsp;           Plans, Specifications and Data Required for

Permit &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;         9

Section 5        &= nbsp;           &nbs= p;            &= nbsp;           Permit Fees&nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p; 9

Section 6         &= nbsp;           &nbs= p;            &= nbsp;          <= /b>Permit Transfers            &n= bsp;            = ;            &n= bsp;        9
Section 7        &= nbsp;           &nbs= p;            &= nbsp;           Permit Revocations             = ;            &n= bsp;            = ;   9

Section 8        &= nbsp;           &nbs= p;            &= nbsp;           Nonconforming Signs            &nbs= p;            &= nbsp;           10

Section 9         &= nbsp;           &nbs= p;            &= nbsp;          <= /b>Notice Given for Refusing to Issue Permit    10

Section 10         &= nbsp;           &nbs= p;            &= nbsp;        Reconstruction of Damaged Signs        &= nbsp;        10

ARTICLE IX         &= nbsp;           &nbs= p;            &= nbsp; Administration, Enforcement, Appeals, Penalties=

Section 1        &= nbsp;           &nbs= p;            &= nbsp;           Administration =             &nb= sp;            =             &nb= sp;         11

Section 2        &= nbsp;           &nbs= p;            &= nbsp;           Appeals &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;      11

Section 3         &= nbsp;           &nbs= p;            &= nbsp;          <= /b>Violations and Penalties            =             &nb= sp;        11

ARTICLES X         &= nbsp;           &nbs= p;             = Definitions and Interpretations         &= nbsp;           &nbs= p; 11

ARTICLES XI         &= nbsp;           &nbs= p;            Legal Status Provisions             =             &nb= sp;         15

Section 1        &= nbsp;           &nbs= p;            &= nbsp;           Conflict With Other = Laws        &= nbsp;           &nbs= p;         15

Section 2        &= nbsp;           &nbs= p;            &= nbsp;           Variances = ;            &n= bsp;            = ;            &n= bsp;            = ;    15

Section 3         &= nbsp;           &nbs= p;            &= nbsp;          <= /b>Separability=   &nb= sp;            =             &nb= sp;            =              15

Section 4         &= nbsp;           &nbs= p;            &= nbsp;          <= /b>Effective Date =             &nb= sp;            =             &nb= sp;         16

OFF-SITE SIGN CONTROL ORDINANCE

ALLEGHANY COUNTY, NOR= TH CAROLINA

ARTICLE I

TITLE

This ordinance shall= be known and may be cited as the “Off-Site Sign Control

= Ordinance of Alleghany <= span style=3D'color:black;mso-bidi-font-weight:bold'>County, North Carolina”.

ARTICLE II

AUTHORITY

This ordinance is established by the Al= leghany County Board of Commissioners Pursuant to authority conferred in Chapter NCGS 153A-3= 40 of the North Carolina General Statutes. <= /o:p>

The Board of Commiss= ioners hereby ordains and enacts into law the following articles

= and sections.

ARTICLE III

JURISDICTION

The provisions of th= is ordinance shall apply to all unincorporated areas of Alleghany <= /span>

County, lying outside of the corporate limits or extraterritorial jurisdiction of any =

= incorporated town. Municipalities within Alleghany County may elect to allow this

= ordinance to be effective within their corporate limits = and extraterritorial jurisdiction.

ARTICLE IV

PURPOSES

The purpose of these= sign regulations is = to guide and regulate the construction and

= placement of off-site signs in Alleghany County. It is the intent of this ordinanc= e to improve safety for local and visiting motorists and pedestrians in Alleghany County by reducing the distracting influence of uncontrolled off-site signs; to minim= ize the possible adverse effect of off-site signs on nearby public and private property; to protect the quality of life of the county’s residents and visitors; to= preserve and maintain the scenic and aesthetic environment of the county; and to enabl= e the fair and consistent enforcement of these sign regulations.

ARTICLE V

APPLICABILITY

An off-site sign as herein defin= ed may be erected, placed, established, painted,

= created or maintained in the jurisdiction of this ordi= nance only in conformance with the

= standards, procedures, exemptions and other requirements= of this ordinance.

The effect of this o= rdinance as more specifically set forth herein is to:

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