The Alleghany County Board of Commissioners met in
regular session on Monday, October 15, 2007, at 3:30pm in the Commissioners
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.

Commissioner Doug Murphy made a motion to approve the
agenda for this October 15, 2007, meeting.
Commissioner Warren Taylor seconded the motion.  Vote 5:0.

AGENDA

Monday, October 15, 2007

3:30 PM

3:30                Meeting
Called To Order, Pledge of Allegiance and Prayer

Motion
on Agenda for October 15, 2007, meeting

Motion
on Minutes for October 1, 2007, meeting

Motion
on September Tax Releases & Refunds

3:35    A.        Public
Comments—30 minutes

B.        Mary
Walker

RE:
Tax Appeals and Late Applications

C.        Michelle
Ball

RE:
2007 Scattered Site Program

D.        Randy
Blankenship

RE:  Personnel Request

E.        EMS
Annual Report

F.         Chamber
of Commerce/Occupancy Tax Annual Report

G.          Library Annual Report

H.
Dan Abernathy

RE:
Planning Board Presentation

I.
County
Business

1.
Child Protection
Team Board Appointment

2.
Budget
Amendment—Social Services

3.
Budget
Amendment—Fire Commission

4.
QZAB Resolution

5.
Recreation—Davis
Field

6.
Other Business

7.
Closed
Session—NCGS 143-318.11 (a) (4)—economic development

8.
Adjourn

Commissioner
Milly Richardson made a motion to approve the vehicle releases and refunds for September.  Commissioner Randy Miller seconded the
motion.  Vote 5:0.

Commissioner
Randy Miller made a motion to approve the real property releases and refunds
for September.  Commissioner Doug
Murphy seconded the motion.  Vote
5:0.

Commissioner
Warren Taylor made a motion to approve the minutes for the October 1, 2007,
meeting.  Commissioner Randy Miller seconded
the motion.  Vote 5:0.

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

Donald
Conrad came before the Board to discuss the beauty of Alleghany County and the
issue of billboards being installed along 221/93.  He talked about the need for regulations
concerning billboards.

Susan
Reinhardt came before the Board to discuss a subdivision that was approved in April
2006 with 11 lots but it wasn’t recorded.  She explained the reason it wasn’t
recorded was because someone was interested in the entire piece of
property.  She explained the
differences between the original subdivision and the revision.  She further explained that the prior
plat didn’t require driveway approval from the Department of
Transportation, and the revision does.
She continued explaining the differences between the original plat and
the revision.  She asked that the
revision be approved by the Planner instead of waiting another two weeks to
come back to the Board of Commissioners since it is already an approved plat
with minor changes.

Barbara
Conrad talked about the billboards, public hearings and the need to notify
landowners what is happening next door, save the farmland article in the
Winston-Salem Journal today, issue of a disturbed graveyard and not notifying
next of kin.  She talked about
cemetery issues involving one of her late relatives.  She stated she would like to be notified
if they are going to dig up a cemetery and build a house on it.  She said the same thing applies to
roads.  She talked about the need to
protect ourselves.

Chair
Ken Richardson asked that the County Manager provide an update on the billboard
situation.  He further asked that
Barbara Conrad provide her phone number to the County Manager for him to
explain the process to move gravesites.

County
Manager Don Adams explained that the Planning Board addressed the billboard
issue and concern was expressed about it.
He further explained that Planner Kathy Murphy and County Attorney Donna
Shumate are researching a couple of issues about whether the existing ordinance
covers this situation and finding out the steps to create some type of a sign
ordinance.

Chair
Ken Richardson asked for further public comments.  None were received.  He closed the public comments’
portion.

Mary
Walker, Tax Administrator, came before the Board to present late tax
applications from Mr. Kennedy for an elderly exemption and Mr. Rutherford for
farm-use.

Commissioner
Milly Richardson made a motion to approve these requests as presented by the
Tax Administrator.  Commissioner
Warren Taylor seconded the motion.
Vote 5:0.

Mary
Walker presented a solid-waste-fee appeal for a mobile home.  She explained that the mobile home is
gone from this county.

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

Mary
Walker presented a motor-vehicle appeal for Mr. Brady.  She stated that her recommendation is
$24,350.

Commissioner
Warren Taylor made a motion to approve Mary Walker’s recommendation.  Commissioner Randy Miller seconded the
motion.  Vote 5:0.

Mary
Walker presented a motor-vehicle appeal for Glenn Halsey.  She explained that this vehicle has been
wrecked twice.  She stated her
recommendation of $800.

Commissioner
Milly Richardson made a motion to approve the Tax Administrator’s
recommendation.  Commissioner Randy
Miller seconded the motion.  Vote
5:0.

Mary
Walker talked about a letter from Robert Price, who did the County’s tax foreclosures,
stating he will not be able to continue doing these because he has taken
another position.  She asked the
Board for permission to talk to the County Attorney about performing these
services before asking the Board for approval.

The
Board of Commissioners agreed.

County
Manager Don Adams stated that Michelle Ball will not be at this meeting.  He explained that she will be in
attendance at the November 5 meeting.
He reviewed all of the requirements; 504 ADA Grievance Procedure, Local
Economic Benefit for Low and Very Low Income Persons Plan, Procurement Policy,
Code of Conduct, Residential Anti-Displacement and Relocation Assistance Plan,
Optional Coverage Relocation Plan/Resolution, Citizen Participation Plan,
Project Ordinance, Equal Employment and Procurement Plan, Complaint Procedure,
Fair Housing Plan, Fair Housing Resolution, Fair Housing Complaint Procedure.  He reminded everyone that this is for
the $400,000 Scattered Site Grant.  He
read the Project Ordinance.  He
explained the $40,000 on the Project Ordinance for the Local Option/Urgent
Repairs.  He explained that Michelle
Ball will be coming on November 5 to present the contract with High Country
Council of Governments.

Commissioner
Warren Taylor made a motion to approve all of the CDBG Compliance Requirements
that have been presented by the County Manager.  Commissioner Randy Miller seconded the
motion.

Commissioner
Doug Murphy and County Manager Don Adams talked about advertising for local
contractors.  The County Manager
further talked about all of these projects are replacement projects instead of
renovations, and they will contact local people.

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

Randy
Blankenship, Chief Building Inspector, came before the Board to discuss reclassifying
the administrative assistant position in his department to an office manager at
a grade 61.  He reviewed the job
descriptions of the administrative assistant and office manager plus the pay
differences.

County
Manager Don Adams talked about the reclassification; and his recommendation
hasn’t changed since the budget discussions.

Chair
Ken Richardson asked the County Manager about the last time changes had been
made as a whole.

County
Manager Don Adams talked about the salary study, and changes have been done.

Commissioner
Doug Murphy and County Manager Don Adams talked about the last study was four
to five years ago.

County
Manager Don Adams explained that there have been several requests.

Commissioner
Doug Murphy asked Randy Blankenship if her responsibilities have increased since
she was hired.

Randy
Blankenship stated that they have.
He talked about his conversations with the Board during budget time.

Chair
Ken Richardson stated that he admired Randy Blankenship for standing up for his
employees.  He further stated that
he knows of three others that have asked for the same thing.

Commissioner
Doug Murphy and County Manager Don Adams talked about a salary study isn’t
completed until the County Manager is directed by the Commissioners to have a
study done.

County
Manager Don Adams stated that if he understands correctly, Chairman Richardson
is talking about a salary study and the process of the salary study including
comparing the jobs/salaries regionally.
He talked about if that is the way the Board is heading; there is the
need to hire an outside consultant to complete this study.

Chair
Ken Richardson thanked Randy Blankenship.

Linda
Edwards came before the Board to present the Emergency Medical Services annual
report.  She presented information
about the number of calls, number of transports, mileage transporting people,
reporting online, quality management, training for employees, types of
certifications, types of courses participated in during the year, treatment
protocol changes and employees.  She
read a letter from Baptist Medical Center, Air Care unit, talking about the
level of service provided by Alleghany County.

Bob
Bamberg came before the Board to present the Chamber of Commerce annual
report.  He talked about the Chamber
is the largest they have ever been.
He gave the Board information that visitors receive when they are
inquiring about Alleghany County.  He
reviewed the packet of information.
He gave the Board a listing
of the high points for the year including completing the renovations at their
location, started Saturday operating hours, had 643 visitors that signed the
guestbook, volunteers helping in the office, Mountain Heritage Festival, occupancy
tax revenues increased, statistics from the Department of Commerce about
tourist spending in Alleghany County and the need for a retail recruiter.

Sherry
Clodfelter came before the Board to discuss the annual report for the
Library.  She gave the Board an information
packet.  She talked about the
information including NCWise, hometown series continuing, activities held, work
performed on the library bond referendum, additional activities held and
fundraisers held.  She thanked the
Board for their support.  She
reviewed items that occurred because of the Commissioners’ support.

The
Board of Commissioners thanked her for the library report.

Dan
Abernathy, Chair of the Planning Board, came before the Board to update the
Commissioners of their activities.
He explained the number of meetings they have had and a list of
priorities; subdivisions, mobile home regulations, looking at creating a
highway corridor, conditional-use by categories, high impact polluting
industry, ridge protection, agriculture activities, wind energy, having the
ordinances codified.  He explained
what it means to have the ordinances codified.  He stated that they felt like
subdivisions are the greatest impact.
He further stated that the billboards are like a change of use from
agriculture to outdoor advertising.
He said that he thinks that the Property Rights Protection Ordinance allows
for subdivisions to be a change of use.
He talked about the three categories in the Property Rights Protection
Ordinance are things that are prohibited, exempt and uses by right.  He further talked about if a project
doesn’t fall within those three categories then it is a conditional use.  He explained that the subdivision
ordinance and the Property Rights Protection Ordinance go hand in hand.  He further explained that the Property
Rights Protection Ordinance is set up to have subdivisions as a change of
use.  He talked about developers are
not supposed to sell lots until the final plat has been approved.  He reiterated that this is the Planning
Board’s report to the Commissioners.

Chair
Ken Richardson talked about this Board selected the Planning Board  members and the Planning Board is doing an
outstanding job.  He stated that he
wanted to make sure that the record reflects that Michelle Bedsaul and Bill
Caudill, members of the Planning Board, are in attendance at this meeting.  He stated his appreciation for this
report.

Commissioner
Warren Taylor asked about the handling of violations.

Dan
Abernathy talked about his prior experiences were to put them on notice and
give them a certain amount of time to remedy the situation and go from that point.  He further talked about the current
process under the Property Rights Protection Ordinance, the staff will put them
on notice then any appeals will go to the courts.

County
Manager Don Adams talked about the enforcement of the ordinance falls on the planning
department, and Dan brought up the appellate procedures.  He explained that if it is appealed then
it goes to the courts because they are acting as a quasi-judicial board, but
the current ordinance allows the appeal to go to the Commissioners.  He stated that this is a legal question
because the way he views the ordinance is the Board of Commissioners can change
the ordinance and it would be good policy that they should hear appeals.  He talked about the governing body
relies on the Planning Board for recommendations but then the governing board
actually passes the ordinances.

Commissioner
Doug Murphy asked if the ordinances are available to the public.

Planner
Kathy Murphy stated that they are available online, in the office and are
mailed to them, if requested.  She
talked about violations are handled by her.  She further talked about recent
situations that she has reviewed with two out of three being courtesy calls but
one was a violation.

County
Manager Don Adams explained that Kathy Murphy talked to the Planning Board
about recent issues, the Commissioners rely on the Planning Board for
recommendations and the Planning Board relies on staff to do the research.  He talked about the County Attorney and County
Planner are researching the sign issue and if there are any other laws about
signage.  He stated that those questions
have to be answered before deciding if it is a change of use.

Dan
Abernathy talked about the North American Industry Classification System (NAICS)
that shows an off-site sign is a change of use.  He stated that the mechanism is in place
to bring the subdivision ordinance under the Property Rights Protection
Ordinance.  He further stated that
there will be no additional hoops to jump through just a timeline to follow.

Commissioner
Milly Richardson and Dan Abernathy talked about taking action to make if
official whether the subdivision ordinance falls under the Property Rights Protection
Ordinance.  Dan Abernathy further
talked about subdivisions are a change of use.

Commissioner
Milly Richardson made a motion to put the subdivision ordinance under the
Property Rights Protection Ordinance.

County
Attorney Donna Shumate asked Dan Abernathy if this is the Planning
Board’s recommendation or his personnel recommendation.

Dan
Abernathy stated that the Planning Board has discussed it but this is his
recommendation.

County
Attorney Donna Shumate advised the Commissioners to wait until a formal request
comes from the Planning Board.

Commissioner
Milly Richardson withdrew her motion.

Dan
Abernathy asked that the subject be placed on the next agenda.

Chair
Ken Richardson asked about approving a plat and then making changes to it.

Dan
Abernathy reviewed the laws about final plats.  He stated that at the present time the
preliminary plat is suppose to set the footprint of what goes on the land then
the final plat is what is being built.
He further stated that a final plat should not be before the Board until
it has been completed.

County
Manager Don Adams stated that is the current way.

Commissioner
Milly Richardson thanked Mr. Abernathy.

Chair
Ken Richardson stated that the Commissioners don’t have the list but the
Commissioners want to work with the Planning Board on these issues.

Dan
Abernathy asked about needing formal approval or just a general consensus from
the Commissioners.

Chair
Ken Richardson and Dan Abernathy talked about having a joint meeting with the
Planning Board.

County
Manager Don Adams reminded everyone that when three or more Commissioners are
attending a meeting together then it is an official meeting.

Commissioner
Milly Richardson talked about Dan Abernathy bringing the Planning Board’s
recommendations to the Commissioners on November 5.

County
Attorney Donna Shumate stated that they don’t meet again until November
12.

County
Manager Don Adams stated that it is his understanding that the Planning Board
is looking for general approval of the list of priorities.  He talked about the timing of scheduling
a joint meeting because each issue could take a lot of time.

Commissioner
Milly Richardson asked if the Board can go ahead and give approval on this list
of goals so the Planning Board can move forward on those and bring the
subdivision issue back to the Commissioners at a later date..

Commissioner
Milly Richardson made a motion giving the Planning Board direction on this list
of priorities.  Commissioner Doug
Murphy seconded the motion.

County
Attorney Donna Shumate asked if the list read earlier came from the Planning
Board.

Dan
Abernathy stated yes it did.

County
Manager Don Adams read the goals; subdivisions, mobile home regulations,
looking at creating a highway corridor, conditional-use by categories, high
impact polluting industry, ridge protection, agriculture activities, wind
energy, ordinances codified.

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

Dan
Abernathy stated that they will be back at the second meeting in November about
the subdivisions.

County
Manager Don Adams presented a letter from John Blevins requesting that Pam
Sizemore be appointed as an at-large member of the Community Child Protection
Term/Child Fatality Prevention Team.

Commissioner
Warren Taylor made a motion to appoint Pam Sizemore to serve on the Community
Child Protection Term/Child Fatality Prevention Team.  Commissioner Milly Richardson seconded
the motion.  Vote 5:0.

County
Manager Don Adams presented General Fund budget amendment #8 in the amount of
$1,800 for the purchase of 6 GPS units for the fire departments and rescue
squad.

Commissioner
Milly Richardson made a motion to approve General Fund budget amendment #8 in
the amount of $1,800.  Commissioner Doug
Murphy seconded the motion.  Vote
5:0.

County
Manager Don Adams presented General Fund budget amendment #9 in the amount of
$2,100 and ($42,295).  He explained
that the $2,100 is for an increase in State funds for Public Assistance and the
($42,295) is a decrease in the State Child Development funds.  He explained that he talked to John
Blevins about the decrease and how it impacts the Child Care funds.

Commissioner
Milly Richardson made a motion to approve General Fund budget amendment #9 in
the amount of $2,100 and ($42,295).
Commissioner Doug Murphy seconded the motion.  Vote 5:0.

County
Manager Don Adams talked about BB&T has decided to get into the QZAB
business at a 1% interest rate.  He
reminded everyone that the other banks were at a 1.5% interest rate.  He presented a resolution supporting an
application to the Local Government Commission for its approval of a QZAB
school financing agreement for Alleghany County.  He talked about one other company that
might be willing to work with local banks to offer 0% interest for a 1% flat
fee.  He explained the differences
between the 1% flat fee and 1% interest rate.

Commissioner
Milly Richardson made a motion to approve the resolution as presented by the
County Manager.  Commissioner Randy
Miller seconded the motion.  Vote
5:0.

County
Manager Don Adams presented a letter from David Evans about closing Davis Field
until April 1.  He explained the maintenance
activities that Mr. Evans wants to perform at the field before next season.

Susan
Reinhardt displayed a plat that was approved in April 2006 but wasn’t
recorded.  She talked about they had
received a contract for the entire parcel and the deal fell through.  She further displayed the current plat
with revisions.  She talked about
the approved plat did not need the Department of Transportation’s
approval but the revision does.

Planner
Kathy Murphy stated that she talked to Scott Gallman, and he indicated that an
entrance permit would probably be granted if a tree is cut down.  She reviewed the current procedures to
have a plat submitted to the Board of Commissioners.  She talked about she hasn’t
reviewed the revised plat.  She
further talked about she first became aware of this last Thursday, and she hasn’t
received the revised plat for her to start the review process.

Chair
Ken Richardson asked if the Commissioners give conditional approval if the
Planner approves.

County
Manager Don Adams talked about the final plat requires the signature of the
Chairman.

Chair
Ken Richardson asked about preliminary approval.

County
Manager Don Adams explained the preliminary doesn’t allow for normal
business to be conducted selling the lots.
He explained that in order to sell the land, the final plat must be
approved and recorded.  He reviewed
the issues with the plat mainly being the differences between the prior plat
and this one.

Susan
Reinhardt explained that a person has ordered a home for the largest lot and
can’t get the building permit for the footers until the property is in
his name.

County
Manager Don Adams talked about this action would require the Commissioners to deviate
from the normal procedure including having the letter from the North Carolina
Department of Transportation (NCDOT).

Kathy
Murphy stated that when Scott Gallman came before the Planning Board, he urged
the County to help them enforce the driveway permit issue.

County
Manager Don Adams, Susan Reinhardt and Kathy Murphy talked about minor changes
that Kathy Murphy can approve on plats.

Chair
Ken Richardson stated that he hoped that Mrs. Reinhardt appreciates that the
Commissioners are trying to work with her.

Susan
Reinhardt stated that she does.

Kathy
Murphy talked about the process for NCDOT driveway approval.  She talked about the timeline.

County
Manager Don Adams stated that the next Commissioners’ meeting is October
29.

Chair
Ken Richardson stated that looks like the best the County can do.

Susan
Reinhardt asked that the plat be put on that agenda.

Chair
Ken Richardson talked about a letter from Richard Doughton stating his
appreciation for the Commissioners in passing the Tom Doughton proclamation.

Commissioner
Randy Miller made a motion to enter into closed session at 5:18pm under NCGS
143-318.11 (a) (4)—economic development.  Commissioner Doug Murphy seconded the
motion.  Vote 5:0.

Tommy
Andrews joined the Commissioners for closed session.

Tommy
Andrews left the meeting at 5:35pm.

Commissioner
Randy Miller made a motion to adjourn closed session at 5:37pm.  Commissioner Doug Murphy seconded the
motion.  Vote 5:0.

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

Being
no further business, Commissioner Milly Richardson made a motion to adjourn the
meeting at 5:40pm.  Commissioner
Doug Murphy seconded the motion.
Vote 5:0.

Respectfully Submitted,

Karen Evans

Clerk to the Board

Attest:

Ken Richardson

Chairman

ALLEGHANY
COUNTY

NORTH
CAROLINA

Resolution
supporting an application to the Local Government Commission for

its
approval of a QZAB school financing agreement for Alleghany County

WHEREAS,

Alleghany
County has previously made a preliminary determination to undertake the
acquisition and construction of various improvements to Alleghany High School,
Glade Creek School, Piney Creek School and Sparta Elementary School (the
“Project”).

The
County desires to finance Project costs by the use of an installment contract,
as authorized under Section 160A-20 of the North Carolina General Statutes,
that qualifies as a “qualified zone academy bond” (a
“QZAB”) within the meaning of a federal tax credit program that
provides for very low cost financing for qualified school projects.

Under
the guidelines of the North Carolina Local Government Commission, this
governing body must make certain findings of fact to support the County’s
application for the LGC’s required approval of
the County’s proposed financing arrangements.

THEREFORE,
BE IT RESOLVED by the Board of Commissioners of Alleghany County, North
Carolina, as follows:

(a)        The
County makes a preliminary determination to finance project costs through an
installment financing qualifying as a QZAB, as described above. The total
amount financed will not exceed $2,000,000.

(b)        The County
Manager is authorized and directed to take all appropriate steps toward the
completion of the financing, including (i) completing
an application to the LGC for its approval of the proposed financing, and (ii)
soliciting one or more proposals from financial institutions to provide the
financing.

BE
IT FURTHER RESOLVED that the
Board of Commissioners makes the following findings of fact:

(a)       The
proposed project is necessary and appropriate for the County under all the
circumstances. These various renovation and improvement projects will enhance
the physical and educational environment for children and staff at the affected
schools.

(b)       The
proposed installment financing is preferable to a bond issue for the same
purposes. These projects are for discrete facilities and are for relatively
small amounts. These projects therefore lend themselves to installment
financing, especially in light of the availability of low-cost QZAB financing,
and are not particularly suitable for voter-approval bond financing. The County
has no meaningful ability to issue non-voted general obligation bonds for this
project, and this project will produce no revenues that could be used to
support a self-liquidating financing.

(c)       The
estimated sums to fall due under the proposed financing contract are adequate
and not excessive for the proposed purpose. The QZAB program provides financing
at very low interest rates, thereby reducing to a minimum the out-of-pocket
interest cost to the County.

(d)       As
confirmed to the Board at this meeting by the County’s Finance Officer, (i) the County’s debt management procedures and
policies are sound and in compliance with law, and (ii) the County is not in
default under any of its debt service obligations.

(e)       The County
expects that there will be no increases in taxes necessary to meet debt
obligations under the proposed financing arrangements. The County expects that
interest rates to be payable by the County on the proposed financing, and the
expected term of the financing, will allow the County to repay the financing
within current resources.

(f)       The County
Attorney is of the opinion that the proposed projects are authorized by law and
are purposes for which public funds of the County may be expended pursuant to
the Constitution and laws of North Carolina.

BE
IT FURTHER RESOLVED as follows:

(a)        The
Board will hold a public hearing on this
matter. The County Manager is authorized and directed to set the date and time
of the hearing, and the Clerk to this Board is authorized and directed to
publish a notice of such public hearing in the manner provided for by law.

(b)        This
resolution takes effect immediately.

Adopted this the 15th day of October,
2007.