The Alleghany County Board of Commissioners met in regular session on Monday, May 15, 2006, at 10:00am in the Conference Room of the County Office Building, 90 South Main Street, Sparta, North Carolina.

Present: Chair Eldon Edwards, Commissioner Graylen Blevins, Commissioner Sandy Carter Herndon, Commissioner Ken Richardson, County Attorney Donna Shumate, County Manager Don Adams and Clerk to the Board Karen Evans. Vice-Chair Warren Taylor was absent.

Chair Eldon Edwards called the meeting to order and opened the meeting with a prayer.

Commissioner Graylen Blevins made a motion to approve the agenda for this May 15, 2006, meeting. Commissioner Sandy Carter Herndon seconded the motion. Vote 4:0.

AGENDA

Monday, May 15, 2006

10:00 AM

10:00 Meeting Called To Order

Motion on Agenda for May 15, 2006, meeting

Motion on Minutes for May 1, 2006, meeting

10:05 Mike Caudill

RE: Dispatch Operations

10:30 Glade Creek Volunteer Fire Department Annual Report

10:40 Veterans Service Annual Report

10:50 Don Suggs/Pam Andrews

RE: Joint Resolution.

NRBH Quarterly Financial Report

11:00 Betty Cook

RE: Request for Additional Child Care Subsidiary Funds

County Business

1. Lottery Proceeds Resolution

2. JCPC FY 2006/2007 Program Agreements

3. Building Inspections Budget Amendment

4. Workforce Development Professionals Month Proclamation

5. Reimbursement Resolution

6. Referendums—School/Library

7. Property Rights Protection Ordinance

8. Other Business

9. Public Comments—30 minutes

10. Adjourn

Commissioner Sandy Carter Herndon made a motion to approve the minutes for the May 1, 2006, meeting. Commissioner Graylen Blevins seconded the motion. Vote 4:0.

Sheriff Mike Caudill wasn’t present for his appointment.

County Manager Don Adams read the lottery proceeds resolution. He explained the purpose of the resolution.

Commissioner Sandy Carter Herndon made a motion to approve the resolution as presented by the County Manager. Commissioner Ken Richardson seconded the motion. Vote 4:0.

County Manager Don Adams presented the Juvenile Crime Prevention Council 2006/2007 Funding Plan. He reviewed the grant funds in the amount of $59,994 with a local match of $11,027 for a total of $71,021.

Commissioner Ken Richardson made a motion to approve the Juvenile Crime Prevention Council Funding Plan for 2006/2007. Commissioner Graylen Blevins seconded the motion. Vote 4:0.

County Manager Don Adams presented budget amendment General Fund #27 in the amount of $244. He explained that this is for an insurance claim for the Building Inspections department.

Commissioner Sandy Carter Herndon made a motion to approve budget amendment General Fund #27 in the amount of $244. Commissioner Graylen Blevins seconded the motion. Vote 4:0.

County Manager Don Adams read a proclamation for Workforce Development Professionals Month.

Commissioner Sandy Carter Herndon made a motion to approve the proclamation as presented by the County Manager. Commissioner Graylen Blevins seconded the motion. Vote 4:0.

County Manager Don Adams presented a reimbursement resolution regarding the school bus garage. He explained the purpose of the resolution.

Commissioner Ken Richardson made a motion to approve the resolution as presented by the County Manager. Commissioner Sandy Carter Herndon seconded the motion. Vote 4:0.

David Higgins with Glade Creek Volunteer Fire Department presented their annual report. He reviewed the list of members, equipment, number and types of calls, training hours and types of training, 5-mile fire district. He explained some problems experienced during the recent 9S inspection with Glade Creek and Cherry Lane’s 5-mile district lines overlapping. He asked the Board of Commissioners to allow Glade Creek to keep the old district lines.

Chair Eldon Edwards and Commissioner Sandy Carter Herndon stated that they don’t see any problems with it.

Commissioner Sandy Carter Herndon made a motion to retain the old 5-mile lines for Glade Creek fire district. Commissioner Graylen Blevins seconded the motion. Vote 4:0.

David Higgins continued presenting Glade Creek Volunteer Fire Department’s annual report. He reviewed the letter stating the Department’s 9S rating, fundraisers and special events held. He stated their appreciation to the Commissioners.

Chair Eldon Edwards stated his appreciation to the Fire Departments’ efforts and the dedicated people who serve as volunteers.

Commissioner Graylen Blevins stated his appreciation for the report.

Chair Eldon Edwards presented the annual Veterans Service report. He explained the history of the Veterans Service Officer’s position, office hours and location of office, benefits available for veterans and the number of veterans in the County. He talked about the State reimburses the County $2,000, and the Director is asking for an increase. He reviewed his annual budget for last year in the amount of $8,359. He further reviewed the amount of personal contacts and telephone calls for the office. He talked about Alleghany County being the only county to have the office open for one day per week. He further talked about the need to go to 2 ½ days per week due to the increased workload.

Commissioner Graylen Blevins stated his appreciation to Eldon Edwards for the job he does now and previously for everyone. He further stated his appreciation for all of the servicemen and women.

Don Suggs presented the quarterly fiscal monitoring report for New River Behavioral Healthcare (NRBH). He explained the report in detail. He presented a joint resolution regarding the five-county territory for NRBH. He gave a brief background of the mental health law and how 160A authorizes counties in enter into interlocal agreements. He talked about creating a 160A organization. He stated that if the Commissioners approve the resolution, they will bring a draft of the agreement by the July 15 meeting.

Commissioner Sandy Carter Herndon, Don Suggs and Pam Andrews discussed who will be the LME and types of administrative work that is involved.

Commissioner Ken Richardson made a motion to approve the joint resolution. Commissioner Graylen Blevins seconded the motion. Vote 4:0.

Betty Cook came before the Board to ask for assistance from anyone to help pay for school-age children’s child care during the summer. She talked about the parents’ concern due to the lack of child care funding. She explained how area businesses helped in 2003 and 2004. She talked about how Social Services cut this funding because of receiving less money from the State.

Chair Eldon Edwards suggested that they contact people in Raleigh to request more assistance.

Betty Cook stated that they have contacted people in Raleigh. She further stated that the funding hasn’t been cut from all of the counties. She explained that she was told to go to Social Services and the Board of Commissioners for more assistance.

County Manager Don Adams reviewed a handout prepared by Social Services showing the projected shortfalls regarding child care for 2006-2007. He explained that the Social Services Board starting making policy changes in order to reduce the shortfall.

The Board of Commissioners and Sandy Ashley discussed the projected shortfalls.

Betty Cook stated that Ashe County provides assistance to their child-care providers.

Commissioner Graylen Blevins reviewed the decision made by the Social Services Board and asked that questions be directed to Sandy Ashley.

Betty Cook stated that she wasn’t here to complain but just ask for help.

Chair Eldon Edwards reiterated the need to lobby our State and Federal legislators.

Jane Wyatt pointed out that any decision from the State would not be able to help the summer child care this year.

Sandy Ashley explained the actions in Ashe County.

Commissioner Sandy Carter Herndon talked about her concern is how are the parents going to deal with this. She suggested approaching the State for whatever funding they have and to put something in place to protect the parents that are already in the program.

Chair Eldon Edwards stated that the Board will take this under consideration and will lobby the State as quick as possible to see what can be done.

County Manager Don Adams stated that he will write letters to the legislators.

Commissioner Ken Richardson stated that he will be in Raleigh on Wednesday and will discuss this matter with them.

Chair Eldon Edwards declared a short recess at 11:33am.

Chair Eldon Edwards reconvened the meeting and asked if everyone had signed in that wishes to speak regarding the Property Rights Protection Ordinance. He stated his appreciation to the committee members in creating this document.

Paula Presnell stated that she is one of the committee members, and the ordinance wasn’t done to infringe upon anyone’s rights. She stated that she doesn’t want to see Alleghany County turn into Boone or Blowing Rock. She gave examples. She stated that changes are coming, and everyone needs to prepare now for whatever is coming. She talked about the ordinance is a good-neighbor policy. She encouraged the Board to consider the ordinance in order to do something to protect the County.

Joe Butzbach stated that he is from Davie County, which is governed by a lot of rules. He further stated that he has been coming here since 1955 and has a second home here. He said that he would like to see some protection for him here. He talked about the need to have something in place. He stated that people are coming here, and the need to protect our investment.

Elmer Braley talked about the need to protect individuals’ rights and no one person or no one company should be able to create a negative impact on the neighbors.

Velma Hopkins thanked the Board of Commissioners for coming this far with this ordinance. She said she hopes the Board will continue through and put this into law. She agreed that Alleghany County is changing and the need to keep Alleghany County where young people can get jobs and see the beauty of the County.

Ronnie Woodie stated that he agrees that Alleghany County is changing but this isn’t the time for strict laws. He further stated that Alleghany County will eventually be ready to adopt this law. He urged the Commissioners to put the issue on a ballot to let the citizens decide. He talked about the need to be a good neighbor.

Larry McCann stated that people in support of this are people that have moved here. He further stated that he agrees with Ronnie Woodie about letting the people decide.

Tricia Scott stated that she is an outsider but feels blessed to be here. She talked about people wanting control of their property and then loses total control of everything. She further talked about having to trust the government board. She said that more people are coming into the County. She stated that if you fight growth, it will happen anyway.

Noah Reynolds stated that his family has owned property in Alleghany County for 75 years. He presented some issues and questions about the ordinance. He talked about Section 1.3 talks about protecting citizens. He asked if the citizens of Alleghany County are the same people as the property owners. He talked about how the two different classes of people may have different views, opinions and will be affected differently by the ordinance. He further talked about Section 10.5 makes it illegal for any person to occupy, use or change the use of any land, building or structure without first obtaining a certificate of compliance. He talked about Section 13.1 states that the Administrator must investigate any complaint and take whatever action is warranted, and Section 13.3 requires the Administrator to notify a property owner of a violation and to compel or comply with the ordinance under the authority of the Board of Commissioners. He further talked about the penalties section of the ordinance, Section 9.5 and 9.6 describing the grandfather clause, Section 5.3 regarding home-based businesses being exempt from the ordinance and conditional-use permits. He asked the following questions; to what degree do resident landowners who have a permanent home in Alleghany County be subject to and affected by the land-use opinions of non-resident landowners, tough decisions to be made concerning the ordinance should be made by the Board of Commissioners in a public forum or by permanent residents of Alleghany County by public referendum available to all of the registered voters. He talked about how the State determines residency for voting. He stated that issues that needs to be addressed are if the citizens of Alleghany County are the same as property owners and who should make the decisions regarding the ordinance.

John Tracy stated that he is in favor of the ordinance as it stands with the additions. He thanked the people that have been working on the document. He asked the Commissioners to adopt the ordinance as it stands now.

Eva Rice talked about the time is here to pass the Property Rights Protection Ordinance. She further talked about now is not the time to have tunnel vision, time to move on, can’t stay where we are and this is the first step.

Duane Davis commended members of the committee. He stated that he has been a lifelong land owner and has as much vested interest as anyone. He talked about adopting a simple ordinance to enable everyone to be a good neighbor. He encouraged the Commissioners to pass the ordinance because it is the best thing for the County.

David Higgins talked about the need to use common sense. He further talked about people coming here having the same rights. He stated that people come here because they love it and then they want to change it. He said that if a problem arises, then it can be taken care of. He asked the Board to think about this, don’t get in a hurry and take more time to think about it if it is needed. He urged the Board to use good judgment here today.

Chair Eldon Edwards stated that he would like to address the question of why another public hearing hasn’t been scheduled. He explained that according to the law, only one public hearing is required. He stated that the ad for the public hearing ran for two weeks in the local newspaper. He reminded everyone that the Commissioners have two meetings a month with public hearings held at the first meeting of the month. He talked about having the issue brought back up at this meeting. He further talked about he doesn’t think it is a good idea to delay action on the issue. He stated that he supports the ordinance and if the prior documentation had been passed, the County wouldn’t be in this place today. He reminded everyone that changes can be made to the document at a later time.

Commissioner Sandy Carter Herndon stated that she wanted to make the audience know how the committee was created with lifelong members and newcomers. She described the breakdown of the committee. She stated that this issue isn’t as simple as locals versus newcomers; it’s about protecting your personal property rights. She further stated that the ordinance boils down to do unto others as you would have them do unto you. She talked about putting things in areas where they are compatible, a lot of issues are exempted and the benefits of the subdivision ordinance. She asked everyone to look at what is being gained when this ordinance is passed.

Will Reynolds talked about this ordinance needs to address the problem of a river on his property drying up because of the development in the neighborhood.

Chair Eldon Edwards stated that issue is a separate issue that would have to be addressed in a different ordinance.

Will Reynolds stated that he wanted it considered now. He talked about placing the issue on the ballot for the people to decide.

Commissioner Graylen Blevins talked about the main word in the ordinance is protection. He talked about this has minimum guidelines. He stated that the members he appointed to the committee are lifelong residents. He talked about the ordinance isn’t imposing any unrealistic restrictions on anyone. He further talked about the need for protection. He stated that you can find good or bad in anything.

Commissioner Ken Richardson made a motion to approve the Property Rights Protection Ordinance effective today. Commissioner Sandy Carter Herndon seconded the motion. Vote 4:0.

County Manager Don Adams talked about the multiple meetings that have been held with the schools regarding the referendum.

Chair Eldon Edwards stated that he doesn’t think we need to consider a referendum for a middle school because we can’t afford it right now. He stated that he supports the concept but it isn’t the appropriate time. He talked about funding what the County can afford for the elementary schools needs for the next five years.

Commissioner Sandy Carter Herndon asked if that number was around $6,000,000.

Dr. Jeff Cox stated that yes that number includes the major addition at Sparta Elementary School. He reviewed the other needs.

Chair Eldon Edwards and Dr. Cox discussed prior plans presented to the Commissioners assume a middle school would be constructed. Chair Eldon Edwards asked about allocating $4,000,000 right now to take care of a new gym at Piney Creek Elementary School and the water and sewer needs at Glade Creek Elementary School.

County Manager Don Adams stated that a referendum will decide the middle school debate. He further stated that conversations with Dr. Cox regarding fixing the schools depend on whether a middle school will be constructed or fixing the individuals schools only. He gave different examples of how they could spend $4,000,000.

Chair Eldon Edwards restated his comments about a referendum. He talked about allocating $4,000,000 and specifying what to do with the money.

Dr. Cox stated that they need some direction from the Commissioners regarding the middle school. He gave examples of knowing the direction from the Commissioners and some types of funding.

Commissioner Ken Richardson stated that we have to take care of existing facilities and then if money is left over the Board of Commissioners and Board of Education must unanimously agree before going to the Local Government Commission. He talked about how this decision will affect everyone for the next 5 to 10 years with the current debt load and adding $10,000,000 to that. He stated that he will support a referendum if the fund balance is frozen and assurances are made that Piney Creek Elementary School will not drop below 150 students.

Commissioner Graylen Blevins stated that he supports a referendum. He further stated that gives the people an option to voice their opinion. He said that he will support the people whichever way they vote.

Chair Eldon Edwards talked about not being able to vote today because one Commissioner is absent.

Commissioner Ken Richardson talked about it is a waste of time to go to the Local Government Commission on May 23 if everyone is not in agreement.

Commissioner Sandy Carter Herndon stated her concern that the $10,000,000 will take the County to edge. She asked what number could we look at that wouldn’t hamstring future boards.

County Manager Don Adams reminded everyone that all construction loans must go before the Local Government Commission. He stated that he spoke to the Local Government Commission this morning, and they will look at Alleghany County’s fiscal responsibility. He talked about having a sound budget. He further talked about the net-debt ratio. He stated that the Local Government Commission will take a closer look at loans when they are not on a referendum. He talked about one thing to consider is how much money will the County need to borrow within the next 5 to 10 years. He stated that a facility for Social Services is the last building need since the library may be on a referendum in November.

Commissioner Ken Richardson reiterated that he is comfortable supporting a referendum if we don’t use any fund balance and work extra hard to keep this year’s budget the same as last year.

Dr. Cox stated that he understands the budget outlook isn’t good. He talked about the impact on future budget requests. He asked if we can’t start by adding two positions, how can we add more later.

Commissioner Ken Richardson stated that everyone needs to face the fact that an increase in revenues is needed.

County Manager Don Adams talked about FY 06/07 budget and hard decisions will have to be made. He further talked about looking at the budget in three parts. He explained the three parts; existing operations, request from the Hospital, Group Homes, Wellness Center and school construction needs. He further stated that tough decisions will have to be made regarding the budget. He explained that his proposed budget doesn’t take into consideration the requests from the Hospital, Group Homes, Wellness Center or school construction needs.

Commissioner Sandy Carter Herndon talked about maintaining existing operations and a tax increase.

County Manager Don Adams agreed that he is proposing an increase if we maintain existing operations and is looking for a decision from the Board about the other costs. He gave examples of how each part could affect the other parts.

The Board of Commissioners discussed recessing this meeting until all of the Commissioners could be present. They further discussed dates and times for that meeting.

The Board of Commissioners and County Manager Don Adams discussed that the Local Government Commission doesn’t require it to be a unanimous decision by the Commissioners regarding the referendum.

Commissioner Graylen Blevins reiterated his comments about letting the people decide.

Chair Eldon Edwards stated his concern if the issue goes to a referendum and it fails. He talked about the meetings held at the elementary schools where two out of the three schools did not support the middle school concept.

Commissioner Sandy Carter Herndon stated that she is also concerned if the referendum passes because of having to finance it.

County Manager Don Adams talked about raising taxes to pay for the middle school.

Commissioner Sandy Carter Herndon talked about if the citizens pass the referendum then they are fully knowledgeable about the tax increase. She stated that she isn’t opposed to go to referendum. She further stated the need for everyone to be supportive of the decision and educate the public about what they are voting on.

Chair Eldon Edwards asked about the library referendum.

Commissioner Ken Richardson stated that the library has a meeting tomorrow and should have the numbers by then. He talked about he will propose to the library board tomorrow that the library raises half of the costs before construction begins. He reminded everyone that they are asking for the library to be on the same ballot just a different issue.

Chair Eldon Edwards and Commissioner Ken Richardson gave their opinions regarding having two referendums on the same ballot.

Commissioner Sandy Carter Herndon reiterated that she is in support of going with a referendum because if the people support it then they are aware of the tax increase. She stated that she is uncomfortable with how to pay for it.

Commissioner Ken Richardson stated that it sounds like three Commissioners are in favor of a referendum.

The Board of Commissioners discussed dates and times for reconvening this recessed meeting.

Commissioner Sandy Carter Herndon stated that we know we have three votes. She asked the Chairman or County Manager to call Commissioner Taylor to find out his opinion. She stated that she isn’t sure another meeting is needed.

Chair Eldon Edwards stated that he will call Commissioner Taylor to get his opinion.

Commissioner Ken Richardson gave the Board information on the early childhood vision program. He talked about the Health Advisory Council has taken a stance on the issue.

Commissioner Sandy Carter Herndon gave Clerk to the Board Karen Evans letters regarding the Property Rights Protection Ordinance and asked that they be attached to these minutes.

Chair Eldon Edwards asked for public comments.

Dr. Cox asked for clarification if the County is moving forward with the referendum.

Chair Eldon Edwards stated that it sounds like it.

Dr. Cox stated that the recurring costs aren’t part of the referendum. He asked about the support for the recurring costs.

County Manager