&=
nbsp; Due =
to
inclement weather the regularly scheduled meeting for March 2, 2009, wa=
s held on Thursday, March 5, 2009, =
at 6:30pm.
The Alleghany Cou=
nty
Board of Commissioners met in regular session on Thursday, March 5, 2009, at 6:30pm in the Board Meeting Room of the =
County Administration
Building, 348 South Main Street, Sparta, North Carolina.
=
Present: Chair Ken Richardson, Vice-Chair R=
andy
Miller, Commissioner Doug Murphy, Commissioner Milly Richardson, Commission=
er
Steve Roten, 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 the Arts Council needs to be rescheduled, dispat=
ch
console and update on ADM funds needs to be added to the agenda.=
Commissioner Milly Richardson made a
motion to approve the amended agenda for this March 5, 2009, meeting. Commissioner Doug
Murphy seconded the motion. Vote 5:0.
AGENDA
Thursday,
March 5, 2009
=
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 March
2, 2009, meeting
Motion on Minutes for February 16, 2009, meeting<=
o:p>
6:35 A. &nbs=
p; Public
Comments—30 minutes
B. =
Public Hearing
RE: Planni=
ng
Board Ordinance
C. =
Paige Stevens
RE: CJPP
D. =
Council on Aging Annual Report
E. =
Register of Deeds Annual Report
F. =
Arts Council Annual Report =
&nb=
sp; =
(deleted)
G. =
County B=
usiness
1. Findings of Fact—Simmons=
Case
2. School Facilities Committee Up=
date
3. Appeal/Variance Notification P=
olicy
4. Dispatch Console &=
nbsp; &nbs=
p; &=
nbsp; (added)
5. ADM Funds Update &=
nbsp; &nbs=
p; &=
nbsp; (added)
6. Other Business
7. Closed Session—NCGS
143-318.11(a)(6)—personnel
8. Adjourn
Chair
Ken Richardson asked for public comments. None were received. He closed the public comments port=
ion of
the meeting.
=
County Manager Don Adams explained that the Planning Board
ordinance originally consisted of nine members; one from each township with=
two
at-large members and the proposed ordinance consists of five members; one f=
rom
each fire district with two at-large alternate members. He talked about there was one vaca=
ncy at
the time the Board was discussing this, one member has resigned since that =
time
and currently there are six active members. He reiterated that the proposed
change would consist of five voting members with two alternates. He explained why the Planning Boar=
d is
asking for five voting members with two alternates.
=
Chair Ken Richard=
son
declared a public hearing at 6:38pm
regarding the proposed change of the Planning Board ordinance. He asked for public comments. No one spoke. He closed the public hearing at 6:40pm and resumed the reg=
ular
meeting.
=
County Manager Don Adams explained that officially right now =
there are
seven members because Bruce Cook’s term expires next week and David I=
sner
has volunteered to be an alternate.
He read the proposed amendment.
=
County Attorney Donna Shumate discussed other ordinance changes
besides the number of members plus alternates; fire districts rather than
townships and three members will constitute a quorum.
=
=
County Manager
Don Adams passed out the list =
of current
Planning Board members. He ta=
lked
about David Isner and Bruce Cook being the alternates if the Board wishes to
reappoint Bruce Cook. He disc=
ussed
the term lengths of members. =
=
County Attorney
Donna Shumate and County Manag=
er Don Adams discussed the term length for the
alternates.
=
Commissioner
Steve Roten asked about how the members represent all of the fire
districts. =
=
County Manager
Don Adams and County Attorney =
Donna Shumate explained that the ordinance sta=
tes
that if there are no applicants from a fire district, the position may be
filled by a resident from another fire district.
=
Commissioner
Doug Murphy asked about the ti=
me
length for the alternates.
=
County Attorney
Donna Shumate explained that t=
he
Planning Board talked about using the alternates as the people whose terms =
are
over on the Planning Board.
=
County Manager
Don Adams reiterated that the
alternates’ terms would be when the existing voting members’ te=
rms
expires. He used an example o=
f when
a voting member’s term expires and then they are an alternate until
another voting member’s term expires.
=
Commissioner
Milly Richardson made a motion to approve the amended Planning Board ordina=
nce. Commissioner Doug
Murphy seconded the motion. Vote 5:0.
=
County Attorney
Donna Shumate asked the Board =
to
consider changing the number for the quorum to be three rather than five.
=
Commissioner
Doug Murphy made a motion to a=
pprove
the change. Commissioner Milly
Richardson seconded the motion.
Vote 5:0.
=
Commissioner
Doug Murphy made a motion to a=
ppoint
the two alternates; David Isner and Bruce Cook. Commissioner Randy
Miller seconded the motion. Vote 5:0.
=
County
Manager Don Adams reiterated t=
hat
this is with the understanding that this is the recommendation from the
Planning Board that when someone comes off the Planning Board they serve as=
the
alternate.
=
Paige
Stevens with the CJPP program presented the grant application for the 2009/=
2010
CJPP program. She reviewed the
services of the CJPP program. She
explained that this is a State grant and request the Board of Commissioners=
to consider
continuing the CJPP grant program.
=
=
Commissioner
Milly Richardson made a motion to approve the request. Commissioner Doug
Murphy seconded the motion. Vote 5:0. <=
/p>
Commissioner Milly
Richardson made a motion to approve the minutes for the February 16, 2009, meeting. Commissione=
r Doug
Murphy seconded the motion.&nbs=
p;
Vote 5:0.
=
Janis
Fender and Karon Edwards came before the Board to present the Council on Ag=
ing
annual report. Ms. Fender dis=
cussed
the number of staff members, volunteers, total meals served, number of hours
for in-home aid, respite care and transportation coordination through AIM.<=
span
style=3D'mso-spacerun:yes'> Mrs. Edwards talked about the numb=
er of
field trips and locations where they took the seniors, extracurricular
activities and fundraisers. M=
s.
Fender talked about their waiting list, requesting donations and their new =
look
at the senior center. Mrs. Edwards showed pictures of the senior center and
activities. They provided calendars and newsletters of their activities.
=
Chair
Ken Richardson, Janis Fender and Karon Edwards discussed their pancake
breakfast fundraiser.
=
Commissioner
Doug Murphy and Janis Fender discussed the waiting list numbers for the
programs. <=
/p>
=
Commissioner
Doug Murphy and Karon Edwards talked about transportation is provided to
seniors to the wellness center for senior activities.
=
Lizabeth
Roupe, Register of Deeds, came before the Board to present her annual
report. She presented their t=
otal
collections, number of documents recorded, excise tax monies, amount of sal=
es
of real property transfers, certified copies of vital records, marriage lic=
enses,
death certificates, plats, number of notaries, number of transactions and t=
he number
of other request and inquires. She
explained that they are seeing a surge in refinancing projects. She talked about her Deputy has
completed an imaging project that has lasted two years and the purpose of t=
he project. She talked about she sets long-ter=
m and
short-term goals for her office.
=
Commissioner
Randy Miller stated his apprec=
iation
of how the office treats the public.
=
Chair
Ken Richardson talked about the original Commissioners’ minutes are i=
n the
Register of Deeds office from 1868.
=
Commissioner
Steve Roten and Lizabeth Roupe talked
about the State sets the fees in the Register of Deeds office.
=
Chair
Ken Richardson stated the Board’s appreciation.
=
County Attorney
Donna Shumate discussed the fi=
ndings
of fact that she drafted. She
presented a change of taking out the wording of a few junk cars on number
18. She asked the Board about=
other
changes.
=
Commissioner
Milly Richardson made a motion to approve the findings of fact as
presented. Commissioner Doug Murphy seconded the motion.
=
Chair
Ken Richardson clarified that includes the modification presented by County
Attorney Donna Shumate.
=
The
Board voted 5:0.
=
County Manager
Don Adams talked about the sch=
ools
facility needs committee’s recent meeting. He talked about the County is waiti=
ng to
hear about the grant through the Rural
Center. He presented information from the
committee that prioritized their needs with their number one priority being=
Glade Creek
Elementary School&#=
8217;s
water/sewer needs at a cost of $750,000 to $1,000,000 and space issues at a
cost of $2,280,000 to $ 3,480,000.
=
Commissioner
Doug Murphy and County Manager=
Don Adams discussed the grant through the Rural Center
with a construction grant to be applied for in June.
=
County Manager
Don Adams presented informatio=
n from
the committee including safety needs.
He explained that they had requested the Board of Education to repri=
oritize
the QZAB monies for the safety issues.
=
Commissioner
Randy Miller and Commissioner =
Doug Murphy stated that it was met with positi=
ve
feedback. Commissioner Randy Miller stated that the three main things=
were
the two items at Glade Creek Elementary Sch=
ool
that has to be done and the $105,000 problem at Alleghany High Scho=
ol.
=
Commissioner
Milly Richardson asked about the problem at Alleghany High Scho=
ol.
=
Commissioner
Randy Miller explained that th=
e wall
has spread apart and the roof may cave in. He explained the classroom’s =
location.
=
County
Manager Don Adams talked about=
everyone
is realizing the tough budget year and discussed ideas of how to pay for Glade Creek
Elementary School t=
hrough
debt relief. He continued tal=
king
about committing future debt relief for this project.
=
Commissioner
Doug Murphy agreed and asked t=
he
Board to go out there and look at the needs.
=
Commissioner
Randy Miller talked about you =
can’t
do one without the other regarding the water and sewer. He further talked about the timeli=
ne of
activities.
=
Chair
Ken Richardson thanked Commissioner Randy Mille=
r
and Commissioner Doug Murphy f=
or
serving on this committee. He=
said
that once issues have been identified, the Board has little choice in how to
address them. He talked about=
, in the
appropriate time, having a joint meeting.&=
nbsp;
He talked about once the County hears from the Rural Center,
the County can move forward. =
=
County Manager
Don Adams discussed the timing=
of
the project. He explained tha=
t the
Board has to know what type of building will be put on the property because
that affects the water/sewer systems.
He reviewed a timeline for the Glade Creek
Elementary School i=
ssue.
=
Chair
Ken Richardson and Commissioner Randy Miller
talked about they are looking at QZAB funds to fix the problem at the High =
School. Commissioner Randy
Miller talked about the possibility of obtaining addition=
al
QZAB monies.
=
Chair
Ken Richardson stated that he hoped that Commissioners Miller and Murphy wi=
ll
continue to serve on the committee.
=
County Manager
Don Adams talked about the app=
eal/variance
notification policy. He expla=
ined
that there will be a variance request at the next Commissioners’ meet=
ing.
He asked should the Commissio=
ners have
a notification policy that notifies surrounding property owners. He reviewed the notification requirements including the
state law requirements, Property Rights Protection Ordinance requirements,
current policy and other practices.
He gave examples of situations needing notifications. He asked the Board do they wish to
change the current policy.
=
Chair
Ken Richardson talked about the surrounding property owners should be
heard.
=
Commissioner
Randy Miller stated that he wo=
uld
want to know so he could be there personally if anything was to be in his
neighborhood.
=
Commissioner
Doug Murphy agreed.
=
County Attorney
Donna Shumate asked if the Boa=
rd
wants to use the same standards as the Property Rights Protection Ordinance
being 2000 feet or owners touching the property.
=
Commissioner
Milly Richardson talked about a more cost-effective way to do the notificat=
ions
such as advertising in the paper. She
talked about postage is going up.
=
County Manager
Don Adams talked about if the =
Board
is hearing an appeal of a conditional-use permit that the prior process
notified the people in 2000 feet area, he recommends that the same people b=
e notified,
or if looking at variances/vested rights then the notifications could be
contiguous property owners.
=
Commissioner
Milly Richardson reiterated saving money by a newspaper ad.
=
County Manager
Don Adams asked about the vari=
ance’s
notification process that is coming to the Board at the next meeting. He reviewed the options available.<=
o:p>
=
Chair
Ken Richardson talked about the need to be notified. He said he isn’t sure about
contiguous property owners or 2000-feet owners.
=
Commissioner
Doug Murphy talked about adver=
tising
in the paper reaches the community.
=
County
Manager Don Adams talked about=
the
case at the next meeting requires a conditional-use permit which will notify
the 2000-feet people.
=
Commissioner
Milly Richardson stated that she doesn’t think the County should mail
letters to everyone but notify by an ad in the paper.
=
Commissioner
Doug Murphy said he thinks the County needs to do this.
=
Chair
Ken Richardson stated that it sounds like a consensus that the County needs=
to
do the notifications.
=
Commissioner
Steve Roten stated that he thinks for variances, yes but not for vested
rights. He talked about the n=
eed
for the community to know about the variances.
=
Chair
Ken Richardson asked how many are in the 2000 feet for this case. Kathy =
Murphy
answered 30.
=
Chair
Ken Richardson asked if anyone has any problems for this one case to notify=
everyone
in the 2000 feet and work out the notification process later.
=
County Manager
Don Adams and Kathy Murphy tal=
ked
about letters going to property owners for the next case.
=
Chair
Ken Richardson said that before the Board gets another case, this needs to =
come
back for further discussions.
=
Commissioner
Steve Roten and Kathy Murphy
discussed how she gets the information for property owners in the 2000-foot
buffer.
=
County Attorney
Donna Shumate reminded the Boa=
rd
that the letter goes to the property owner not the tenant.
=
County Manager
Don Adams updated the Board ab=
out
the dispatch console. He talked about the personnel turn over in Dispatch a=
nd
the timeline of obtaining bids for a Moducom system. He explained that they received co=
nsole
quotes from Ra-Tech Services and Embarq.&n=
bsp;
He talked about what is included in the quotes. He said that Ra-Tech’s quote =
is
$88,861 and Embarq’s quote is $114,380.41. He explained that these quotes are=
equal
in the equipment and services. He
said that he met with them and researched both companies. He said that he is recommending to=
the
Board to go into contract with Ra-Tech Services for $88,861. He explained that the original quot=
es
were closer but Embarq wanted to re-quote the project because of the time s=
ince
the original quotes were submitted months ago. He said that he wanted to make sur=
e that
Embarq’s 911 equipment is compatible with this console, and it is. He said that he will ask the County Attorney
to review the contracts.
=
Commissioner
Milly Richardson made a motion to approve the quote with Ra-Tech for the
dispatch console. Commissione=
r Doug Murphy seconded the motion. Vote 5:0.
=
County Manager
Don Adams updated the Board ab=
out
the State’s freeze on lottery funds and, initially, ADM funds. He reiterated what the ADM funds a=
re
used for and how they are used. He
explained that the State froze the February distribution. He said that the =
County
planned on $$35,767 in ADM monies and has received it, $100,159 budgeted fo=
r lottery
funds and currently is $35,000 short of that budget with $55,909.70 sitting=
in
the account. He talked about
speaking to Dr. Cox who talked to Board of Education. He stated his concerns about these =
funds
for next year. He said the St=
ate
has unfrozen the funds as of today.
He explained that he asked Dr. Cox to get approval from the Board of
Education, and he stated that he is asking the Board for approval to draw d=
own
the money and spilt it with the Board of Education.
=
Commissioner
Milly Richardson made a motion to approve the request. Commissioner Randy
Miller seconded the motion. Vote 5:0.
Chair Ken Richard=
son
talked about a letter from the North Carolina Department of Transportation
about the secondary road program is being cut by more than 50%. He stated these funds have been de=
ferred
but the roads will stay on the list.
He talked about the amount of money for the secondary road program i=
n Alleghany County.
=
Commissioner Milly
Richardson stated that the Department of Transportation has cut their hours=
.
=
=
County
Manager Don
Adams talked about Highway 89 from I-77 to the Virginia line. He further talked about the restri=
ctions
placed on the highway on December 19 of “no thru traffic” with =
a petition
of over 400 signatures gathered about tractor-trailer traffic and trucks av=
oiding
the scales. He said that the
Department of Transportation was not aware of how DMV has been enforcing the
restriction. He explained tha=
t they
are enforcing trucks caught three miles either way.
=
Commissioner Steve
Roten and Commissioner Milly R=
ichardson
talked about this applies to any vehicle with a GVWR over 26,000.
=
County Manager Don Adams stated that they are aware of the si=
tuation
and are working on solutions to alleviate this for local traffic and
businesses. He stated that his
recommendation is to write a letter about this. He reiterated that they are workin=
g on
it but they are not considering removing the restriction.=
=
Commissioner Doug
Murphy, Commissioner Steve Roten and Commissioner Milly Richardson talked a=
bout
the safety issues on Highway 89, situation is an extreme displeasure, our
appreciation for their assistance and this isolates the eastern part of the
county.
=
The Board of
Commissioners talked about who should sign the letter. Commissioner Doug Murphy talked ab=
out safety
needs to be addressed.
=
Chair Ken Richard=
son asked
to bring the letter to the next meeting.
=
County Manager Don Adams stated that he would recommend signi=
ng the
letter within the next couple of days because by the next meeting they may =
have
already decided.
=
Chair Ken Richard=
son
talked about prior discussions of tabling action prohibiting building permi=
ts
because of taxes not being paid. He
reminded everyone that the County is running out of time with the General
Assembly. He explained that t=
his
would require adding Alle=
ghany
County to be includ=
ed in
the legislation that has already been introduced. He further explained the process t=
o be
included.
=
Commissioner Steve
Roten made a motion to proceed.
Commissioner Randy Miller seconded the motion. Vote 5:0. =
=
Commissioner Randy Miller made a motion to go into closed s=
ession
at 8:00pm under N=
CGS
143-318.11 (a) (6)—personnel.
Commissioner Doug Murphy seconded
the motion. Vote 5:0.
=
County Attorney Donna Shumate left the closed session at 8:30pm. She returned at 8:48pm.
=
Commissioner Randy Miller made a motion to adjourn closed s=
ession
at 8:50pm and re=
convene
the regular meeting. Commissi=
oner
Doug Murphy seconded the motion.
Vote 5:0.
=
Chair Ken Richard=
son
stated no decisions were made during closed session.
=
Commissioner Randy Miller made a motion to grant permission=
to
the County Manager to retain Ed Woltz on a le=
gal
matter. Commissioner Milly
Richardson seconded the motion.
Vote 5:0.
=
&=
nbsp; Being
no further business, Commissioner Milly Richardson made a motion to adjourn=
at 8:52pm. Commissioner Steve Roten seconded =
the
motion. Vote 5:0. =
Respectfully
submitted, &nb=
sp;
=
=
Karen Evans &=
nbsp; &nbs=
p;
Clerk to the Boar=
d &=
nbsp;
=
Attest:
=
=
Ken Richardson
Chairman