The Alleghany County Board of Commissioners met in regular session = on Monday, December 1, 1997 at 6:30 PM in the Conference Room of the County Of= fice Building, 90 South Main Street, Sparta, North Carolina

&= nbsp; The Alleghany County Board of Commissioners met in regular session on Monday, October 6, 2008, at 6:30pm in the Bo= ard Meeting Room of the Count= y Administration Building, 348 South Main Street, Sparta, North Caro= lina.

= Present: Chair Ken Richardson, Vice-Chair W= arren Taylor, Commissioner Randy Miller, Commissioner Doug Murphy, County Attorney Donna Shumate, County Manager Don Adams, and Clerk to the Board Karen Evans. Commissioner Milly Richardson was p= resent but arrived late.

Chair Ken Richardson called the meeting to order.

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

Commissioner Randy Miller made a mo= tion to approve the agenda for this October 6, 2008, meeting. Commissioner Warren Taylor seconded the mot= ion. Vote 4:0.

AGENDA

Monday, Oc= tober 6, 2008

= 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 October 6, 2008, meeting

Motion on Minutes for September 15 and September 17, 2008, meetings

6:35 A. &nbs= p; Public Comments—30 minutes

B. = Public Hearing

RE: 911 Road Names

&= nbsp; C. Public Hearing

&= nbsp; &nbs= p; RE: Property Rights Protection Ordinan= ce Text Amendment

D. = Council on Aging Annual Report

E. = Town of Sparta

&= nbsp; &nbs= p; RE: Truline Truss Water/Sewer Lines

Water Service in the County=

F. = Mitch Franklin

&= nbsp; &nbs= p; RE: Edmonds/Glade Creek Water Lines

&= nbsp; G. Paul Reeves/Bill Maxwell

&= nbsp; &nbs= p; RE: Windmills

H. = Kathy Murphy

RE: Violat= ions Procedures

= Fee Schedules &nbs= p;

I. &nbs= p; County Business

1. Planning Board Appointment

2. Building Code Grant Act of 200= 7

3. Sesquicentennial Request<= /o:p>

4. Wells at Landfill

5. JCPC Budget Amendment

6. EMS Capital Budget Amendment=

7. Duncan Recreation Center Budget Amendment

8. Transfer Facility Budget Amend= ment

9. Transportation Budget Amendmen= t

10. Channel 50/21 Support Budget Amendm= ent

11. Proposal for Environmental Services=

12. Other Business

13. Adjourn

Commissioner Doug Murphy made a motion to a= pprove the minutes for the September 15 and September 17, 2008, meetings.&nb= sp; Commissioner Randy Miller seconded the motion. Vote 4:0.

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

Sue Richardson came before the Board to discuss property that she owned near Stone Mountain.&nb= sp; She explained that the State wanted the land for a youth center. She further explained that she sol= d the Wilkes County land. She talked about she so= ld the timber off of the land. She f= urther talked about the land and the road on the property. She stated that it has been 40 and= half years since this happened. She talked about all of the things that she had done to try to take care of thi= s since then. She said she can’= t get anything done. She talked abo= ut additional land that was deeded to other people. She explained that she has one deed= that can’t be recorded because it has been deeded to the State. She further explained circumstances about this issue including hiring Arnold Young to file suit.

Commissioner Milly Richardson arrived at 6:44pm.

Sue Richardson continued explaining her problem to the Board concerning land th= at she owned by providing a timeline of the events. She talked about events that occur= red by attorneys including she was advised to contact Roy Cooper over this issue.<= span style=3D'mso-spacerun:yes'> She further talked about conversat= ions for her to come here for help. She explained that they were not allowed to go on the property once the State o= wned the property. She further exp= lained Judge Russo’s discussions regarding this issue. She said she doesn’t remember whether she cashed the check or not for a portion of the property. She stated that she has a lot of i= nformation concerning this property. She= said the Board can look at any of the information. She explained this is regarding pr= operty on Oklahoma Road. She asked if the Board can help.

Chair Ken Richardson thanked Ms. Richardson and asked that she provide her contact information.

County Manage= r Don Adams explained that they will be back in contact.

Sue Richardson talked about her father was killed on that land. She talked about getting in touch = with the Attorney General. She fur= ther talked about getting paid for one share of the land. She thanked the Board for their ti= me.

Chair Ken Richardson asked for additional public comments.<= span style=3D'mso-spacerun:yes'> None were received.

Wendy Williams, E-911 Coordinator/Mapper, c= ame before the Board to present three new road names, Old Indian Trail, Rocky Bottom Drive, Blue Jay Lane. She explained each road’s location.

Chair Ken Richardson opened the public hearing regarding the 911 road names at 6:59pm.<= /p>

Chair Ken Richardson asked for public comments.&= nbsp; None were received.

Chair Ken Richardson closed the public hearing at 7:00pm and reconvened the regular meeting.

&nb= sp; Commission= er Milly Richardson made a motion to approve the road names as presented by the E-911 Coordinator/Mapper. Com= missioner Doug Murphy seconded the motion. Vote 5:0. =

&= nbsp; County Manager Don Adams explained that the B= oard has a memorandum of the proposed definition change on the Property Rights Protection Ordinance and the procedures that the Board needs to follow. He reviewed the proposed ordinance= to amend the Alleghany County Property Rights Protection Ordinance including t= he Board’s authority, purpose, definition removal, definition addition a= nd effective date.

Chair Ken Richardson opened the public hearing regarding the text amendment at 7:02pm.

Chair Ken Richardson asked for public comments.&= nbsp;

Linda Checkanow with the Town and Country Homeowners Association explained that a= ll 34 members voted against this action. She talked about the recent revaluation, and this action could deval= ue properties because of mobile home parks will be popping up everywhere. She continued to review reasons th= at this change does not need to be made. She stated that it was written the way it was for a reason, and it p= rotects the property values in this county.

Chair Ken Richardson asked for further public comments. None were received. He closed the public hearing at 7:00pm and reconvened the r= egular meeting.

County Manager Don Adams reviewed the options before the Boar= d; take no action or proceed with the change. He explained that “prior to adopting any zoning amendment, the Commissioners must adopt a statement describing whether its action is consistent with an adopted comprehensive p= lan and explaining why the Board considers the action taken to be reasonable an= d in the public interest. This statement is not subject to judicial review.̶= 1; He further explained that the Alleghany County Land Development Plan does iden= tify “inadequate housing alternatives for low and moderate income families” and a community survey conducted shows 51% of the responden= ts agree that “there is a need for more housing choices throughout the County”. He talked about this falls under those types of categories.<= span style=3D'mso-spacerun:yes'> He further talked about if the Boa= rd proceeds, there is a motion that has to be made before the change can be ma= de, and if the Board doesn’t proceed he isn’t sure whether a motion= is needed or not.

County Attorn= ey Donna Shumate said the Board needs to make a motion to not do anything or a motion addressing = the issue.

Commissioner Doug Murphy explained that the= Board does have someone in place to handle planning issues.

Commissioner Milly Richardson made a motion that the proposed text changing the definition of a mobile home park in the Alleghany County Property Rights Protection Ordinance is consistent with the Alleghany County Development Plan and that it is in the best interest of the public by opening up more housing choices throughout the County. Commissioner Doug Murphy seconded the motion.

Commissioner Doug Murphy talked about this = is an option to open up housing options.

The Board voted on the motion on the floor.&nb= sp; Vote 5:0.

Commissioner Milly Richardson made a motion to approve the ordinance to amend the Allegh= any County Property Rights Protection Ordinance. Commissioner Doug Murphy seconded the motion. Vote 5:0.

County Manage= r Don Adams explained that neither Bryan Edwards nor Kevin Dowell could attend this meeting. He read a letter from the Town reg= arding the Town has plans to install a new sewer line beginning at the intersectio= n of Pine Swamp Road and US Highway 21 and running South along Highway 21 just past Truline Trus= s. He continued reading the letter fr= om Kevin Dowell. He explained th= at the size of the pump station parcel will be approximately 0.117 acres, and the = Town is requesting an exception to the definition of a subdivision as defined in Article 5 paragraph 17. He pa= ssed out information to the Board that the Town had received from the Council of Government including language of exemptions for utilities. He talked about the exemptions in = the subdivision ordinance and reviewed option number one. He explained situations that Kathy Murphy is running into. He reiterated that the Town wants to buy 0.117 acres to locate a pump station. He explained that th= ese are two areas that need to be cleaned up in the ordinance.

Commissioner Warren Taylor talked about he thinks we should go ahead and write the propo= sed changes plus Kathy Murphy having the power to look at a common sense clause= .

Commissioner Doug Murphy talked about doing something so the Board doesn’t have to look at this on a case-by-case basis.

County Manage= r Don Adams = talked about a utility exemption.

County Attorn= ey Donna Shumate talked about the problems that the County runs into. She further talked about she does = think that some issues are common sense things.&= nbsp;

Chair Ken Richardson asked does anyone have a problem with the utility exemption.=

The Board stated that they don’t have a problem with it.

County Manage= r Don Adams = said he will schedule the public hearing.

Chair Ken Richardson asked about option number one. Commissioner Doug Murphy and Commissioner Warren Taylor agreed. Chair Ken Richardson stated that it is the consensus of the Board to proceed.

= County Manager Don Adams asked the Planner and County Attorney to work on the language for the second issue.

= County Manager Don Adams presented a letter from Bryan Edwards with the Town of Sparta concerning the water line that will run along Highway 21 from the Virginia line. He explained that the letter talks= about their willingness to provide water, and would need general permission from = the County to provide water to customers who wants water along Highway 21. He read the last paragraph of the = letter stating that the Town Manager believes “the only action necessary is = an expression from the Commissioners that requests the Town of Sparta to provi= de water service to those potential customers whose property lies along, and touches the US 21 corridor. A= ny property owner who desires public water, but the property does not touch th= e corridor is not included in this proposed agreement; such request would be considere= d on a case-by-case basis.” = He explained how this would work.

Commissioner Warren Taylor said this is an important negotiating tool for the water authority.

Chair Ken Richardson and County Manager Don Adams discussed this is from the Vi= rginia line to Truline truss.

Commissioner Milly Richardson asked what a corridor is.= She used several examples to define corridor.

County Manage= r Don Adams = stated that he assumed when the property touches the road.

Commissioner Milly Richardson stated the need to get clarification.

Commissioner Randy Miller and County Manager Don Adams talked about people on the other side of the road wanting water if the Town wants to provide the water. T= he County Manager used an example if they hit rock, the Town has to make that decision unless= the County wants to get in the water business or the County says no one gets wa= ter along 21.

Commissioner Doug Murphy and County Manager Don Adams discussed how this would work.

Commissioner Randy Miller stated he would have to think about tax dollars going for this= .

County Manage= r Don Adams = explained that the Town would be putting a meter on the water line, the property owner has to pay for any usage and to get the water to their house or business.

Commissioner Warren Taylor reiterated the importance of this for the water authority.

The Board of Commissioners and County Manager Don A= dams talked about the word “corridor”.

Commissioner Milly Richardson asked that the corridor be defined as the DOT right of way= .

County Manage= r Don Adams = and Commissioner Milly Richardson continued talking about the definition of corridor.

County Manager Don Adams said he has = been talking to the Attorney, and the Board could use US 21 right of way for the definition of corridor.

Commissioner Warren Taylor made a motion to approve the Town’s request and include the wording that the County Attorney described. Commissioner Randy= Miller seconded the motion. Vote 5:0= .

&= nbsp; Mitch Franklin came before the Board to request that Mr. Adams look at obtaining a feasibility grant from the Rural= Center regarding a water line from Edmonds to Glade = Creek School. He provided the history of the pro= ject. He talked about pursuing the grant= from the Rural= Center to see if it is feasible to= put in the water line.

&= nbsp; Commissioner Doug Murphy and Mitch Franklin talked about water problems at Glade Creek Elementary School and expansion needs that have to be prolonged because of the water/sewer issues.

&= nbsp; Commissioner Milly Richardson explained that she spoke with Blan Bottomley and David Hig= gins who are interested in this project.

&= nbsp; Mitch Franklin identified people in the audience who are in support of this proje= ct.

&= nbsp; Commissioner Doug Murphy and Mitch Franklin explained that Mitch Franklin and Don Adams have talked to Bill Ring with Grayson County and the City of Galax, who are ready for a project like= this.

&= nbsp; County Manager Don Adams talked about a plann= ing grant from the Rural Center in the amoun= t of $40,000 that requires no matching money and must address a public/safety need. He further talked about the premis= e of the grant will have to center around Glade Creek Elementary School. He explained that the Rural Center has offered = to send someone here to help with the grant.&= nbsp; He talked about the different scenarios out there, and they would qualify for a strong grant.

&= nbsp; Commissioner Doug Murphy and &nb= sp; Mitch Franklin talked about bringing this up at the next Board of Education meeti= ng.

&= nbsp; County Manager Don Adams stated that he has s= poken to Dr. Cox and Clarence Crouse about this.

&= nbsp; Commissioner Doug Murphy made a motion to pursue the feasibility study for water. Commissioner Milly Richardson seco= nded the motion. Vote 5:0.

&= nbsp; County Manager Don Adams explained that the g= rant isn’t due until January 15 and the award date could be next fall.

&= nbsp; Paul Reeves came before the Board to ask what the Board’s stance on windmi= lls is. He explained that he and = Bill Maxwell own adjourning property. He further explained that he has been approached about putting windmills on th= is property. He described the windmills.

&= nbsp; Kathy Murphy talked about windmills are exempt for residential use or farms, and = if they are used as a business then they fall into a different category that r= equires a permit.

&= nbsp; Commissioner Doug Murphy asked what the foc= us of the windmill is.

&= nbsp; Paul Reeves explained that it will be experiential. He talked about places for the windmills. He further talked = about it is expensive to put windmills up. He explained that they want to put up one on his property and one on= Bill’s property for three years to see if they would work. He asked the Board whether they can proceed.

&= nbsp; Chair Ken Richardson stated that Kathy Murphy summarized what would be the requir= ements, and it would be a business.

&= nbsp; Paul Reeves explained their opinion is it is not a business until it is proven.<= span style=3D'mso-spacerun:yes'> He reiterated about putting one wi= ndmill there as an experiment and if it works, then it would be a business.

&= nbsp; Chair Ken Richardson stated that the Board hasn’t discussed windmills and doesn’t have an opinion as a Board.&= nbsp;

&= nbsp; Paul Reeves asked can the Board take a vote on the issue.

&= nbsp; Chair Ken Richardson asked Paul Reeves to write a letter describing what he said tonight.

&= nbsp; Paul Reeves agreed.

&= nbsp; County Attorney Donna Shumate read the definit= ion of an electricity generating facility in the High Impact/Polluting Industries ordinance. She asked if this = is an appeal of something Kathy Murphy’s has done. She explained how the Board has to proceed if it is an appeal of Mrs. Murphy’s recommendation.

&= nbsp; Paul Reeves explained that the company will not spend a lot of money until they = have a final verdict from the County. He said to let the Commissioners vote it up or down.

&= nbsp; Chair Ken Richardson asked that the request be submitted in writing to Kathy Murp= hy and let her make her recommendations, then come back to the Commissioners.<= span style=3D'mso-spacerun:yes'>

&= nbsp; Paul Reeves explained that if Kathy Murphy approves it, he wants it to come befo= re the Commissioners.

&= nbsp; Commissioner Doug Murphy and County Manager Don Adams talked about there are two ordinances that must be met and the Property Rig= hts Protection Ordinance goes before the Planning Board.

&= nbsp; Commissioner Milly Richardson and County Attorney Donna Shum= ate talked about electricity generating facilities.

&= nbsp; Commissioner Warren Taylor talked about the differences between a single windmill and a windmill farm. He further tal= ked about at some point; the Property Rights Protection Ordinance has to kick in because the use of the property will be changing. He talked about leasing a parcel o= f land and having good results.

&= nbsp; Paul Reeves talked about these are two entirely different things.

&= nbsp; Commissioner Warren Taylor talked about if it goes to a business then it has to go before the Planning Board because of the Property Rights Protection Ordinance.

&= nbsp; Paul Reeves agreed and stated that it will go before the State first.=

&= nbsp; County Attorney Donna Shumate read the definit= ion of an electricity generating facility. &= nbsp; She stated that Kathy Murphy can make the determination about the windmill falling under that exemption.

&= nbsp; Paul Reeves stated that he thinks he can do it and the Commissioners need to con= firm what she has said before the company will invest the money.

&= nbsp; Commissioner Warren Taylor and Paul Reeves = talked about windmill problems in Boone.

&= nbsp; Paul Reeves explained that this windmill is one mile away from anyone’s house. He said he is trying t= o get the Board to agree with Kathy Murphy’s opinion then the Board sign off on= it.

&= nbsp; Chair Ken Richardson reiterated to submit it in writing to Kathy Murphy and then = the Board can proceed.

&= nbsp; Paul Reeves and Chair Ken Richardson talked about timing on this matter.

&= nbsp; Kathy Murphy, Planner, reviewed information in the Board’s packets; non-com= pliance violation procedure, non-compliance investigation report, summary of penalt= ies for each of the ordinances.

&= nbsp; Commissioner Warren Taylor stated that he thinks this is good and should proceed.

&= nbsp; County Manager Don Adams asked the Board to l= ook at step seven, “If non-compliant take further action as recommended by Commissioners”, and to look at the summary of penalties. He asked when and how penalties ge= t enforced. He further stated he had asked the= County Attorney to research this.

&= nbsp; County Attorney Donna Shumate stated that she = talked to the Ashe County Attorney, and they have a deputy that enforces their ordinances. She stated that K= athy Murphy could take out a warrant through the magistrate’s office for v= iolations. She talked about once people are s= erved 95% of the time, they comply.

&= nbsp; Commissioner Doug Murphy and County Attorne= y Donna Shumate discussed the process of the warrants. <= /p>

&= nbsp; Commissioner Warren Taylor asked if the Boa= rd wants to hear about the violations before it goes farther.

&= nbsp; County Attorney Donna Shumate explained that b= y step seven, Kathy Murphy has had numerous discussions with the people. She further explained that the Boa= rd has an option of civil penalties.

&= nbsp; Commissioner Warren Taylor asked again if t= he Board wants to hear about the violations before it goes farther.

&= nbsp;

&= nbsp; Chair Ken Richardson asked if the Planner has several non-compliances currently.<= o:p>

&= nbsp;

&= nbsp; Kathy Murphy answered several.

&= nbsp; Chair Ken Richardson asked her to bring the Board a couple to the next meeting to= see how the Commissioners want to proceed.

&= nbsp; The Board agreed.

&= nbsp; Kathy Murphy discussed fees for the permitting process. She reviewed the fees that she rec= eived from other counties/towns. She talked about most of them charge something for permits. She explained what the Planning Bo= ard is recommending. She reviewed th= e fees that are currently charged. S= he explained the amount of office materials used and that they are trying to recoup the costs. =

&= nbsp; Chair Ken Richardson reiterated that the Planner is recommending four fees at $25 each.

&= nbsp; Commissioner Warren Taylor asked if the Boa= rd needs to do this mid stream or wait until budget time.

&= nbsp; Kathy Murphy explained that she missed the fee schedule meeting. She further explained that she ran = out of materials last year, and this year the supply budget was cut.

&= nbsp; Commissioner Warren Taylor talked about Kathy Murphy will have to come back for a budget amendment anyway to get the money into her budget.

&= nbsp; Chair Ken Richardson talked about looking at this at another time.

&= nbsp; Commissioner Warren Taylor agreed.

&= nbsp; Chair Ken Richardson stated that he supports what Kathy Murphy is here for. He further stated to come back for= a budget amendment if needed and then take fees up during fee discussion time= .

&= nbsp; Kathy Murphy handled out letters to the Board that she mailed to individuals in t= he floodplain.

&= nbsp; Chair Ken Richardson thanked Kathy Murphy for the spreadsheet and research.

&= nbsp; County Manager Don Adams presented an applica= tion for the Planning Board. He explai= ned that this person will be an at-large member and moving David Isner to be the Gap Civil representative.

&= nbsp; Chair Ken Richardson asked the Board if they have any recommends.

&= nbsp; The Board answered no.

&= nbsp; Commissioner Warren Taylor asked does this individual need to be interviewed.

&= nbsp; Chair Ken Richardson asked the = County Manager to call her= to meet with him.

&= nbsp; County Manager Don Adams presented the Commun= ity Building Code Administration Grant Act of 2007.&nbs= p; He reminded the Board that Randy Blanken= ship requested a letter of support for this Act.

&= nbsp; Commissioner Milly Richardson made a motion to write a letter of support. Commissioner Doug Murphy seconded the motion. Vote 5:0.

&= nbsp; County Manager Don Adams presented a request = of $1,500 for the 150^th celebration that was discussed at the Joint Meetin= g.

&= nbsp; Commissioner Warren Taylor made a motion to approve the request.

&= nbsp; Chair Ken Richardson asked Sandy Carter to speak because she has been moving this project along.

&= nbsp; Sandy Carter stated that the money will be use= d for promoting Alleghany County. She reviewed the ideas that will be performed for the celebration. She reminded the Board that the purpose is to celebrate our heritage and promote the county.

&= nbsp; Commissioner Doug Murphy seconded the motio= n on the floor. Vote 5:0.

&= nbsp; Chair Ken Richardson asked about an idea that he had about using one location as a focal point for the celebration.

&= nbsp; Sandy Carter explained that she will be able to answer that after they have spoken to local businesses about putting items = out for sale.

&= nbsp; Commissioner Doug Murphy and Sandy Carter discussed magazine publications t= hat will be advertising the celebration.

&= nbsp; County Manager Don Adams presented a letter a= bout test wells at the landfills. = He reminded everyone about the history of the positive test results that the County received. He explained that t= he State sent a letter showing no compounds were found in the new well. He further explained that now the = County is required to do methane testing. <= /span>He talked about a plan to test the wells again around December/January and hav= ing that firm bring up a piece of equipment to train our people to use it becau= se the Town of Sparta has one and has offered to let the County use it for the methane testing. <= /span>

&= nbsp; Commissioner Warren Taylor and County Manag= er Don Adams discussed the State allowing non-cer= tified people to test for methane.

&= nbsp; County Manager Don Adams presented budget ame= ndment General Fund #12 in the amount of $848 for the JCPC program.

&= nbsp; Commissioner Milly Richardson made a motion to approve budget amendment General Fund #12= in the amount of $848. Commissio= ner Randy Miller seconded the motion. Vote 5:0.

&= nbsp; County Manager Don Adams presented budget ame= ndment General Fund #13 in the amount of $59,690 for the approved EMS capital.

&= nbsp; Commissioner Milly Richardson made a motion to approve budget amendment General Fund #13= in the amount of $59,690. Commis= sioner Doug Murphy seconded the motion. Vote 5:0.

&= nbsp; County Manager Don Adams presented budget ame= ndment General Fund #14 in the amount of $1,379 for the additional money needed to keep the swimming pool open later.

&= nbsp; Commissioner Warren Taylor made a motion to approve budget amendment General Fund #14 in= the amount of $1,379. Commissioner Milly Richardson seconded the motion. Vote 5:0.

&= nbsp; County Manager Don Adams presented budget ame= ndment Transfer Facility Fund #2 in the amount of $1,149 for insurance proceeds for lightning damage to the scales. He talked about he is pricing out the new scale system that will hopefully red= uce lightning damage. He further = talked about how frequently lightning damage occurs at the Transfer Facility.=

&= nbsp; Commissioner Doug Murphy made a motion to approve budget amendment Transfer Facility Fun= d #2 in the amount of $1,149. Commissioner Milly Richardson seconded the motion. Vote 5:0.

&= nbsp; County Manager Don Adams presented budget ame= ndment General Fund #15 in the amount of $14,945 for the additional funds needed to make the transportation billing/records clerk full time. He explained that $2,242 is coming = from the County and the remainder is coming from the State.

&= nbsp; Commissioner Warren Taylor made a motion to approve budget amendment General Fund #15 in= the amount of $14,945. Commission= er Milly Richardson seconded the motion. Vote 5:0.

&= nbsp; County Manager Don Adams talked about= items like these where the Board has already approved the action could be placed = on a consent agenda so the Board wouldn’t have to approve each individual = one.

&= nbsp; Chair Ken Richardson stated to leave that for consideration by the new Board in December.

&= nbsp; County Manager Don Adams presented budget ame= ndment General Fund #16 in the amount of $10,000 for Channel 50/21 support previou= sly approved by the Board.

&= nbsp; Commissioner Doug Murphy made a motion to approve budget amendment General Fund #16 in t= he amount of $10,000. Commission= er Warren Taylor seconded the motion. Vote 5:0.

&= nbsp; County Manager Don Adams presented two propos= als. He stated that one is across from = Tommy Andrews on the bypass, approximately seven acres. He explained that it has been disc= ussed to be used as open property. He further explained that it is in a floodplain, can’t build any structu= res on it and the need to determine how much of the property is wet. He stated that this open property = would be used to replace the soccer program using Martin Marieta’s land. He explained that the next propert= y is at the Fairgrounds for the training facility. He reviewed what it would be used = for, and he has been talking with grant sources, they require a wetland assessme= nt and what it would take to mitigate the property. He explained the process of gettin= g the assessments completed for each of the properties. He discussed the two proposals fro= m ECS. He talked about the costs for each proposal; $2,450 and the other costs on page 4 will only come into play if = the County is trying to obtain federal monies, and he asking for $1,000 for the= Fairgrounds with surveying costs of around $2,000.&nbs= p; He explained that the final flood data does not prohibit anything on these properties. He talked about the County can use = PARTF grants for the bypass property.

&= nbsp; Commissioner Warren Taylor and County Manag= er Don Adams talked about the wetland delineation= will be good for five years.

&= nbsp; County Manager Don Adams stated that he is lo= oking for approval for these proposals.

&= nbsp; Commissioner Doug Murphy reiterated that this is necessary to apply for any funding or grants because they are in a floodplain.&n= bsp;

&= nbsp; County Manager Don Adams agreed, if anything = is to be done with these properties.

&= nbsp; Commissioner Warren Taylor made a motion to approve the proposals. Commis= sioner Doug Murphy seconded the motio= n. Vote 5:0.

&= nbsp; County Manager Don Adams stated that there is= another planning/zoning issue that is coming and requires an answer from the Planni= ng office which will take an attorney’s opinion on vested rights. He further stated that County Atto= rney Donna Shumate has a conflict of interest with = this issue. He explained that he h= as talked with Ed Woltz who has agreed to $105 an hour to work on this issue.

&= nbsp; Commissioner Doug Murphy made a motion to p= ursue Ed Woltz for this issue. Commiss= ioner Randy Miller seconded the motion. V= ote 5:0.

&= nbsp;

&= nbsp; Being no further business, Commissioner Milly Richardson made a motion to adjourn= at 8:41pm. Commissioner Randy Miller 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

ALLEGHANY COU= NTY

NORTH CAROLINA

Ordinance To Amend The Alleghany County

Property Rights Protection Ordinan= ce

Section 1.= Authority

The Alleghany County Board of Commissioners enacts this Ordinance pursuant to i= ts planning and regulation of development powers, as set forth in and authoriz= ed by Article 18 of Chapter 153A of the North Carolina General Statutes.

Section 2.= Purpose

The purpose of this Ordinance is to make a text amendm= ent to the Alleghany County Property Rights Protection Ordinance that changes the definition of a “Manufactured Home Park” as described in Articl= e 3, Section 3.2—Specific Definitions of the Ordinance.

Section 3.= Definition Removal<= /b>

This Ordinance removes the following definition from A= rticle 3, Section 3.2—Specific Definitions of the Ordinance. Manufactured Home Park - 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.

Section 4. Definition Addition

This Ordinance adds the following definition to Articl= e 3, Section 3.2—Specific Definitions of the Ordinance. Manufactured Home Park - A tract of unsubdivided land occupied or proposed to be occupied by more than= two (2) manufactured homes. It includes any service building, structure, enclosure, or other facility used as a part of the park.

Section 5. Effective Date<= /span>

The effective date of this Ordinance shall be the date of its adoption by the Board of Commissioners.

Adopted this the 6^th day of October, 2008.<= /p>
=