The Alleghany County Board of Commissioners met in regular
session on Thursday, September
4, 2008, 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 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, led the Pledge of Allegiance and
opened the meeting with a prayer.

Chair
Ken Richardson stated that Sheriff Edwards needs to be added as item E and
salary discussions needs to be added to the agenda under county business.

Commissioner
Milly Richardson made a motion to approve the amended agenda for this September 4, 2008,
meeting.  Commissioner Doug Murphy seconded the motion.  Vote 5:0.

AGENDA

Thursday, September 4, 2008

6:30 PM

6:30                Meeting
Called To Order

Pledge of Allegiance and Prayer

Motion
on Agenda for September
4, 2008, meeting

Motion on Minutes for August 18, 2008, meeting

6:35    A.        Public
Comments—30 minutes

B.
Public Hearing

RE: 911 Road Names

C.        Mary
Walker

RE:  Tax Appeals

D.        J. D. Hough

RE: Variance / Vested Rights Request

E.        Sheriff
David Edwards        (added)

RE:  Smoking Policy           (moved)

F.         County Business

1.      Annual Reports

2.      Library Board Appointment

3.      High County COG
Interlocal Agreement

4.      Secondary Road Public Hearing Dates

5.      CJPP Budget Amendment

6.      DSS Budget Amendments

7.      Defib Units

8.      Channel 50/21 Managerial Contract

9.      Planning Board Attorney and
Appointment

10. Salary Discussions       (added)

11. Other Business

12. Closed Session–NCGS 143-318.11
(a) (6)—Personnel

13. Adjourn

Commissioner
Doug Murphy made a motion to approve
the minutes for the August
18, 2008, meeting.  Commissioner Randy Miller seconded
the motion.  Vote 5:0.

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

Wendy
Williams, E-911 Coordinator/Mapper, came
before the Board to present one new road name, Almost Home Drive, and one road name
change, Henrys Lane
to Gaby Lane.
She explained
each road’s location.

Chair
Ken Richardson opened the public hearing regarding the 911 road names at 6:33pm.

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

Chair
Ken Richardson closed the public hearing at 6:34pm and reconvened the regular meeting.

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

Mary Walker, Tax Administrator, presented a solid waste fee
appeal for Mr. Beckworth requesting that the fee be released on his property.  She talked about the property
doesn’t have any water or electricity.

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

Mary Walker presented a solid waste fee appeal for Mabel
Hudson.  She explained that no one
lives there, Ms. Hudson has no intention to renting it, and her recommendation is
to waive the fee.

Commissioner Randy Miller made a motion to approve the
appeal.  Commissioner Doug Murphy seconded the motion.  Vote 5:0.

Mary Walker presented a solid waste appeal regarding Mrs.
King who lives in Taylorsville.  She talked about the condition of the
house.  She explained that the
letter is from Bettie Upchurch.

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

Mary Walker presented a solid waste appeal from Nancy Kish.  She explained that they are in the
process of tearing the house down.

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

Mary Walker presented a solid waste appeal for J.H. Miller
heirs.  She explained that the
property hasn’t had any power or water and hasn’t been occupied.

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

Mary Walker presented a late application for exemption.  She read a portion of NCGS 105-282 (a) (1)
about the Board’s authority.  She
explained that Mr. Phipps didn’t realize he would qualify.

Commissioner Doug Murphy made a motion to approve the late
application.  Commissioner Warren Taylor seconded the motion. Vote 5:0.

J.D. Hough came before the Board to discuss his letter
regarding a variance request and appeal order on vested rights.

County Manager Don Adams explained
that three mobile homes were purchased, septic approved and building permits
obtained.  He further explained that
four of the six required porches had been completed for an occupancy
permit.

J.D. Hough talked about his wife became disabled, acquired
several medical bills due to that situation and is now ahead of the bills.  He explained that this would have been
completed at the time of construction.

Commissioner Warren Taylor and
Mr. Hough talked about the only thing lacking is the two porches because the
electric has been ran, septic and well has been installed.

Chair Ken Richardson and Mr. Hough talked about the
occupancy for the three mobile homes; him and his children.

Commissioner Milly Richardson
talked about this appears to have vested rights to her.

Mr. Hough said he is not planning on bringing in any more
mobile homes.

County Attorney Donna Shumate asked
when the permits expired.

Mr. Hough stated two years, he believes.

County Attorney Donna Shumate so
it would have expired in 2005.  She
asked how many acres are on this parcel.

Mr. Hough stated that the deed states 40 acres and where the
trailers are is 10 acres.

County Attorney Donna Shumate asked did the Planner describe the setbacks.

Mr. Hough answered yes, and they meet them.

Kathy Murphy explained the options that Mr. Hough has; subdivide
the land or go through the Property Rights Protection Ordinance.  She further explained the process for
each.

County Attorney Donna Shumate stated that the letter asked for a variance
and vested rights.

County Attorney Donna Shumate and
Kathy Murphy discussed his options; subdivide or the Property Rights Protection
Ordinance.

County Attorney Donna Shumate read
the variance portion of the ordinance.
She explained how the Board would have to grant a variance, and she
doesn’t think this applies.

County Attorney Donna Shumate and
Mr. Hough discussed his letter.

County Attorney Donna Shumate read
the vested rights portion of the ordinance.  She explained how it would apply to this
situation and reviewed the exceptions in the ordinance.  She stated she doesn’t think this
applies.  She reviewed case law
regarding vested rights, and this could qualify under common law.  She read a portion of the common law and
each reason under common law.  She
explained that Mr. Hough doesn’t have vested rights because the building
permit expired before the ordinance adoption.

Chair Ken Richardson talked about having two ways to get
this accomplished.

Mr. Hough stated that he has enough property to
subdivide.  He said he doesn’t
know when the permits expired.

County Attorney Donna Shumate explained
the differences in this case versus the Marlow case.

Mr. Hough explained the work he had completed and had started
before the ordinance.  He asked if
the other one was approved.

County Attorney Donna Shumate stated yes it was but for
different reasons.

Chair Ken Richardson asked could Mr. Hough work with the
Planner to resolve this.

Mr. Hough stated his concern is a timing issue because it is
September now and his weather concerns.
He asked about the timeline on the two options.

Kathy Murphy explained the quickest option is the minor
subdivision.  She explained the
process and approval is provided in her office.  She further explained the other option
and the process.

Mr. Hough stated that the County Attorney’s
opinion is no vested rights because the permit had expired.  He compared this to the other case.

County Attorney Donna Shumate stated
that she gave her opinion to the Commissioners, and it is up to them to act on
it.

Commissioner Milly Richardson asked in order to get vested
rights does he have to meet all of the requirements.

County Attorney Donna Shumate stated
that under common law he must meet all four, and he only met two.  She explained that case law says he has
to meet all four.

Chair Ken Richardson encouraged Mr. Hough to meet with Kathy
Murphy and Don Adams first thing in
the morning.

Chair Ken Richardson stated that the Sheriff isn’t here
yet and for the County
Manager to start with
county business.

County Manager Don Adams
presented a letter recommending that Bob Black be appointed to the library
board.

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

County Manager Don Adams
explained that all of the annual reports have been completed.  He further explained that the Sheriff’s
department is the only one that hasn’t presented their information.

Chair Ken Richardson asked does the Board want to continue
these reports.

The Board agreed to continue the annual reports.

County Manager Don Adams
presented an interlocal agreement between High Country Council of Government
(HCCOG) and all seven counties in the HCCOG.  He explained that they are looking to
purchase property and renovate the building for their offices.  He reviewed the highlights of the
agreement including they have to go through the Local Government
Commission.  He explained that each
county has to agree that they
are going to continue to remain members of HCCOG.  He read a portion of the agreement; “The
County Members agree, with each other and with HCCOG, to join in and provide
additional security for the HCCOG Loan, by continuing to remain members of
HCCOG and continuing to pay annual dues for the duration of the loan and in
amounts adequate to enable HCCOG to service the above debt to be incurred by
HCCOG, the Counties’ relative dues payment amounts to be based upon their
relative respective annual population, as estimated by the state demographer.”  He stated that the annual dues are
$5,600 for this year.  He stated
that he has asked Donna Shumate to
review this.

Commissioner Doug Murphy, Commissioner Milly Richardson and
County Manager Don Adams discussed criteria could change on how to figure the
dues.

County Manager Don Adams
explained that Alleghany
County has been a member
for 30 plus years.  He further
explained that the County gets a lot of good services from them.  He stated that this is the Local
Government Commission’s request.
He stated that he needs to have time for Donna Shumate to review it.

Commissioner Warren Taylor stated that he doesn’t
believe this Board can obligate future boards to be members of the COG.

County Attorney Donna Shumate stated that is the question.

Commissioner Warren Taylor stated that he doesn’t know
what the Local Government Commission is looking for.

County Manager Don Adams stated
that he brought this up to Rick Herndon
and will ask Donna Shumate to research it and waiting to see what comes out of
the other counties’ meetings.

Chair Ken Richardson asked will the County be owners of this
building.

County Manager Don Adams stated
that he has reviewed the agreement and if the COG ceases to exist, the counties
are entitled to be title owners of the property.

Chair Ken Richardson and County Manager Don Adams discuss that the Board approves the dues
annually during the budget process.

Commissioner Doug Murphy asked
about the agreement changing by written consent of the parties.

County Manager Don Adams
explained the Local Government Commission’s request regarding this
agreement.

County Manager Don Adams stated
that the Department of Transportation is requesting a secondary road public
hearing on the 2008-2009 program during October.

The Board discussed dates.  They decided on October 6 at 5:30pm.

County Manager Don Adams
presented budget amendment General Fund #6 in the amount of $1,359 for additional
CJPP monies.

Commissioner Warren Taylor made a motion to approve budget
amendment General Fund #6 in the amount of $1,359.  Commissioner Milly Richardson seconded
the motion.  Vote 5:0.

County Manager Don Adams
presented budget amendment General Fund #7 in the amount of $480 with $167
coming out of contingency and the remainder being reimbursed by the State for
capital for DSS.

Commissioner Doug Murphy made a motion to approve budget
amendment General Fund #7 in the amount of $480.  Commissioner Milly Richardson seconded
the motion.  Vote 5:0.

County Manager Don Adams
presented budget amendment General Fund #8 in the amount of $96,670 for daycare
expenses.  He explained the $30,000
that was allocated last year and none of it was spent last fiscal year because
the cut off date is in May rather than the end of June.

Commissioner Warren Taylor made a motion to approve budget
amendment General Fund #8 in the amount of $96,670.  Commissioner Milly Richardson seconded
the motion.  Vote 5:0.

County Manager Don Adams
talked about a loan analysis on the EMS
capital, loader and scales.  He
talked about the bids coming in on the scales, rebidding them, and he explained
why.  He reviewed the EMS equipment in the amount of $59,680, reviewed how much
interest would be paid over the term of the loan compared to money earned in
investments.  He explained the rates
used in his analysis versus what the rates are currently.  He further explained that he did the same
thing on the loader and the scales.  He stated that the difference is about
$16,686 for interest over a five-year period.  He further stated that it goes back to the
fund balance and fund balance percentages.
He talked about the audited fund balance numbers will probably be around
20%.

Chair Ken Richardson talked about addressing these three
major capital needs for $3,000 per year.

County Manager Don Adams explained that an additional need will be coming
from EMS because of an experienced case
regarding the stretchers, which are rated at 700 pounds.  He talked about a patient that is chronic
that has stressed the stretcher and probably will need more medical
transportation.  He further talked
about a different kind of stretcher that will be $17,000.  He explained how the stretcher works
with a pulley and securing it down for the trip to the hospital.  He further explained the contract on the
existing stretcher, getting the stretcher fixed, and the warranty does not
cover this.

Commissioner Milly Richardson talked about workers comp
risks.

County Manager Don Adams talked about using one ambulance with
this stretcher and when the need arises using that ambulance.

Commissioner Warren Taylor and
County Manager Don Adams talked
about the use of one ambulance and refitting it for this need.

Chair Ken Richardson asked if the County Manager
can bring this back.

Commissioner Milly Richardson and County Manager Don Adams talked about the County knew of the scale
issues with the most recent inspection.

County Manager Don Adams reminded the Board that they haven’t
approved the EMS units or the scales, and he
is still working on the scales.

Commissioner Doug Murphy talked about looking at the fund
balance and pay for the defib units out of the fund balance and the other
issues coming from a loan.

County Manager Don Adams stated
that he can come back with fund balance percentages.

Commissioner Milly Richardson and County Manager Don Adams talked about fund balance projections
during budget time versus now.  County Manager
Don Adams said he can call the auditors
to get the numbers.

The Board of Commissioners discussed paying for the
equipment versus taking out a loan.

County Manager Don Adams
stated that he will bring back specific fund balance numbers and percentages.

County Manager Don Adams presented
the Channel 50 and 21 managerial contract.
He explained the purpose of the contract and what this is.  He said that the goal is to be self
supportive within a year.

Commissioner Milly Richardson stated that she doesn’t
have a problem with it.

Commissioner Warren Taylor asked will the extra equipment get
installed.

Commissioner Milly Richardson
talked about Charlie has been doing this for free.

County Manager Don Adams reviewed the job description and sample contract.  He stated that the $20,000 will be spilt
evenly between the Board of Education and Alleghany County.

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

County Manager Don Adams explained
that Kenneth Brinegar resigned from the Planning Board.  He explained that according to the
Planning Board ordinance, the Board shall consist of nine members, one from
each township and two at-large members.
He further explained that Whitehead still needs to be filled because Jeff
Wyatt doesn’t live in Whitehead.
He talked about needing the Board’s consensus to accept
applications.

The Board of Commissioners agreed.

County Manager Don Adams explained
at the last Planning Board meeting, they talked about having an attorney that
has direct experience with land-use issues.  He further explained that no one in this
county has that experience, and there is only a handful in the state.  He said that the Planning Board wants
someone who can answer questions right then.  He further said that he understands the
need, and there are times when the County/Donna
Shumate seeks additional advice.  He stated that he recommends, if Donna Shumate agrees, she will be their attorney and
if additional advice is needed, get it.
He explained that the Planning Board has changed their priorities, and now
their priority is consolidating all of the ordinances.

Commissioner Milly Richardson asked can we get opinions from
the School of Government and other county
attorneys.

County Attorney Donna Shumate stated
that she talked today to another county attorney, and that is very common.

County Manager Don Adams said
that he and Donna Shumate have been talking about fees and settled on $125 an
hour for a month or two to see how much is needed annually.

Commissioner Warren Taylor made a motion to approve Donna Shumate as the Planning Board’s attorney,
if she is agreeable.  Commissioner
Randy Miller seconded the motion.
Vote 5:0.

Chair Ken Richardson talked about he and Commissioner Miller
were not able to meet together with the County
Manager about the salary issues but he
understands from the County
Manager that the meetings
were very similar and they are in agreement.

County Manager Don Adams talked
about salary meetings that he had with Ken Richardson and Randy Miller.  He reviewed the summary of what is
trying to be accomplished here.  He
gave examples of situations that he has had to address.  He reviewed Article 3, Section 6 of the personnel
policy concerning employees pay rates in promotion, demotion, transfer and
reclassifications.  He talked about
following this policy does not allow existing employees to receive the raise if
they move to full-time status.  He
explained all of the positions affected that he is aware of at this time.  He read the temporary modification to
the personnel policy “All employees (except full-time jailers) who were
employed by Alleghany County, both part-time or full-time, on or before July 1, 2008 will
be paid a minimum of 2% above the starting pay in the corresponding grade.  Jailers who were employed by Alleghany County
on or before July
1, 2008 (both part-time and full-time) who obtain full-time status
during FY 08/09 will be paid 7% above the corresponding grade (non-certified
and certified).  This policy will
remain in effect for Fiscal Year 2008/2009 (July 1, 2008 through June 30, 2009).”  He stated that both Commissioners
thought the longevity issue still needs to be addressed.  He explained that if the Board thinks
this is something that the Board wants to work on then make it a priority at
the beginning of the year.

Commissioner Randy Miller talked about this needs to come up
in January.

Commissioner Warren Taylor asked if the Board changes the
policy as Don Adams reviewed it, how
it affects the budget.

County Manager Don Adams explained
that all full time positions are fine, but he can’t guarantee on part
time because he doesn’t know how much they will have to work.

Commissioner Warren Taylor and County Manager Don Adams
talked about this will take care of it during the year for all of the positions
that the County Manager is aware of.

Commissioner Randy Miller made a motion to approve the
policy change.  Commissioner Warren Taylor seconded the motion.

Chair Ken Richardson stated that the one paragraph needs to
be done tonight but he hopes discussions will continue on this matter.

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

The Board and County Manager Don Adams discussed having more
discussions the first of the year.

County Manager Don Adams talked
about forming a committee to look at workforce issues.  He explained that the committee has been
created.  He reviewed the members.  He talked about the plan of action is to
hold a work force summit on October 14 at 6:30pm at Blue Ridge Electric.  He explained that this is not the final
discussion on this.  He gave examples
of people who will be attending in the audience and who will be at the round
table for discussions.  He stated
that they hoped to get goals and objectives out of the meeting and educating multiple
people about our workforce issues.

Commissioner Milly Richardson and Commissioner Doug Murphy
stated that it sounds like an excellent meeting.

Commissioner Randy Miller congratulated Karen Evans’ son
for joining the Armed Forces.  He stated
that their hearts, prayers and thoughts will be with him.

Kathy Murphy talked about the new FEMA maps have arrived, and
there is a meeting on September 19 from 2:00pm
to 4:00pm in this room for
questions about the maps.

Commissioner
Milly Richardson motion to enter into closed session
under NCGS (a) (6)—personnel at 8:05pm.  Commissioner Randy Miller seconded the
motion.  Vote 5:0.

Commissioner
Randy Miller made a motion to adjourn the closed session and reconvene the
regular meeting at 8:09pm.  Commissioner Milly Richardson seconded
the motion.  Vote 5:0.

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

Being
no further business, Commissioner Randy Miller made a motion to adjourn at 8:10pm.  Commissioner Doug Murphy seconded the
motion.  Vote 5:0.

Respectfully
submitted,

Karen Evans

Clerk to the Board

Attest:

Ken Richardson

Chairman