The Alleghany County Board of Commissioners reconvened
the recessed meeting from September 15, 2008, on Wednesday, September 17, 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 Manager
Don Adams, and Clerk to the Board
Karen Evans.

Chair Ken Richardson called the meeting to order at 3:30pm.

County Manager Don Adams
presented information to the Board from Kathy Murphy about the Planning
Board’s activities regarding the Property Rights Protection Ordinance.  He explained their discussion regarding
changing the definition of a mobile home park and family exemptions. He further
explained that they decided to not change the ordinance.  He said that he agrees with the Planning
Board about family exemptions.  He
further said the Commissioners could look at the definition of a mobile home
park.  He read the current definition
“A tract of unsubdivided land occupied or proposed to be occupied by two
(2) or more manufactured homes. It includes any service building, structure,
enclosure, or other facility used as a part of the park.”  He said that the Board will have to
conclude that changing the definition follows along with the land-use plan.

Chair Ken Richardson asked if the Planner has
anything to add.

Kathy Murphy, Planner, talked about changing the
definition to three, then what happens when four, five, or six mobile homes are
on a piece of property.  She
explained that she looked at other counties’ ordinance definitions and
what she found.

Commissioner Warren Taylor asked
for a quick refresher about this case.

Kathy Murphy quickly reviewed the Blevins case
including that they came in to get their permit for electricity; it was brought
to her because all permits go through the Planning office and Mr.
Blevins’ father owns the land.

Commissioner Warren Taylor and
Kathy Murphy talked about it is not an option to split the property because of
the size of the tract being around an acre.

Kathy Murphy talked about two other cases where
mobile homes had to be moved.

Chair Ken Richardson asked the Planner to give the
Commissioners an opinion about those two cases and whether changes would apply.

Kathy Murphy talked about changes are from this point
forward.

Chair Ken Richardson asked the Planner for her
opinion about why the ordinance shouldn’t be changed to say more than
two.

County Manager Don Adams
explained that this is one of those places where you pick a number.  He further explained that the intent of the
ordinance was to place standards on mobile home parks.  He talked about the 15-member committee’s
conversations that developed the ordinance.  He reiterated that the intent of having
multiple trailers in one location is to have standards.

Chair Ken Richardson asked the Planner what else
would need to be changed.

Kathy Murphy talked about the need to still meet the
setback requirements.

Chair Ken Richardson asked about this particular case
with the change of more than two, can they meet it.

Kathy Murphy answered yes; they can meet all of the
setback requirements.

Chair Ken Richardson asked the County Manager
about impacting the ordinance if saying more than two.

County Manager Don Adams
reviewed the definition of a mobile home park.  He talked about changing the word two to
three would be the only wording change.

The Board of Commissioners and County Manager Don Adams discussed the language change for the
ordinance being more than two versus three.

County Manager Don Adams
explained that the wording change does not deal with the setback
requirements.  He further explained
the setback requirements are for a mobile home park.  He said that wording change elsewhere would
be needed for the setback requirements mentioned by the Planner.

Commissioner Milly Richardson talked about wording
change of more than two and setbacks.

Kathy Murphy explained the reasoning for setbacks are
because of fire codes.

Chair Ken Richardson asked the Planner if it is her
recommendation to create three standards for mobile homes.

Kathy Murphy talked about other counties have
categories of parks and standards for each category.

The Board of Commissioners and Kathy Murphy discussed
different scenarios regarding mobile homes, standards and setbacks.

Commissioner Warren Taylor asked would this not be
avoided if mobile home companies know this.

Kathy Murphy stated that they know because she sent
out information packets.

County Manager Don Adams
stated that it is the responsibility of the homeowners.

Chair Ken Richardson asked what is the next step if the
Board wants to go forward with a change.

County Manager Don Adams
explained the next steps to get changes made including the section in the
ordinance that talks about amendments.
He talked about having a public hearing then decide.  He explained that this is a text
amendment.

Chair Ken Richardson and County Manager Don Adams talked about if the Board decides to do
something today, it could be addressed on October 6.  They discussed the motion for the change
and does it all need to be done at the same change.

Commissioner Milly Richardson, County Manager Don Adams and Kathy Murphy discussed setbacks
regarding the fire code.

County Manager Don Adams
talked about having Gerald to get with Randy about the fire codes.

Kathy Murphy explained that all building permits go
through her office.  She further explained
what she has to sign off on.

County Manager Don Adams
and Kathy Murphy used an example of what Kathy Murphy would be looking at for
single mobile homes, and if it is a fire code issue, then it would have to
require a site plan, which can be obtained through the Health Department.

Mrs. Blevins explained that they have a separate
septic system.

Commissioner Warren Taylor asked if this will create more
problems in other cases if wording changed.

Kathy Murphy explained yes, for three mobile homes on
a site.

Commissioner Doug Murphy talked about having to pick
a number somewhere.

Kathy Murphy explained that the Planning Board based
their decision on surrounding counties’ information.

Commissioner Milly Richardson talked about people should be able
to live in what they want to live in.

Chair Ken Richardson talked about ways for the Board
to proceed.

Commissioner Milly Richardson made a motion to say in
the ordinance more than two and agree to pursue that with a public
hearing.  Commissioner Doug Murphy seconded the motion.

County Manager Don Adams
talked about following the procedures in the ordinance to have a public hearing
for a text amendment.

Commissioner Warren Taylor stated that he wished the
Planning Board had concurred.

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

County Manager Don Adams
brought up the action from Monday regarding the letter of credit for a
subdivision.  He passed around an
agreement that should have been adopted at that time.  He talked about the letter of credit is
for $45,000 instead of $46,000 and a problem with date.  He talked about page two of the
agreement and reissue the letter of credit in the correct amount to go through October 30, 2009.

Chair Ken Richardson, Commissioner Doug Murphy and County Manager Don Adams talked about action needed by the Board.

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

Being
no further business, Commissioner Randy Miller made a motion to adjourn at 4:08pm.  Commissioner Milly Richardson seconded
the motion.  Vote 5:0.

Respectfully Submitted,

Karen Evans

Clerk to the Board

Attest:

Ken Richardson

Chairman