The Alleghany County Board of Commissioners met in regular
session on Monday, November 5, 2007, 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.

Commissioner
Milly Richardson led the Pledge of Allegiance and opened the meeting with a
prayer.

Chair
Ken Richardson stated that the Planning Board Request needs to be moved under
county business and item #2 needs to be deleted.

Commissioner
Randy Miller made a motion to approve the amended agenda for this November 5, 2007,
meeting.  Commissioner Warren Taylor seconded the motion.  Vote 5:0.

AGENDA

Monday,
November 5, 2007

6:30 PM

6:30                Meeting Called To Order, Pledge of
Allegiance and Prayer

Motion
on Agenda for November 5,
2007, meeting

Motion on Minutes for October 15, 2007, regular meeting and October 15, 2007, special
meeting

6:35    A.        Public
Comments—30 minutes

B.
Public Hearing

RE: E-911 Road
Names

C.
Public Hearing

RE:  QZAB Funding

D.
Hunter Birkhead

RE: Firewise Program Award

E.
Michelle Ball

RE:  Scattered
Site Contract

F.
JCPC Annual Report

G.
WCC Annual Report

H.
Dan Abernathy                                 (moved
under county business)

RE:  Planning
Board Request

I.
Board of Education

RE:  School
Facilities

J.         County Business

1.      CJPP 2007-2008 Agreement

2.      Cave Rock Estates Subdivision          (deleted)

3.      Other Business

4.
Adjourn

Commissioner
Milly Richardson made a motion to approve the minutes for the October 15, 2007, meetings.  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 three road names; Taaz Ridge, Quilters Lane, Sassy
Cats Ridge.  She explained where each road is located.

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.

Chair
Ken Richardson opened the public hearing regarding the QZAB public hearing at 6:35pm.

Chair
Ken Richardson asked for public comments.

Bob
Jessup, attorney with Sanford Holshouser, explained that he has been hired by
the County to work on the QZAB documents.
He further explained that he is asking the Board to not take final action
tonight but continue tonight’s public hearing until the next meeting.

Chair
Ken Richardson asked for further public comments.

Dr.
Jeff Cox thanked the Board of
Commissioners for pursuing the QZAB opportunity.  He talked about they have posted the
list of projects that will be accomplished with the monies on their website.

Chair
Ken Richardson asked for additional public comments.  None were received.  He stated that this public hearing will
be continued at the next meeting.

County Manager
Don Adams explained that he has been
continuing to search for financing.
He talked about a proposal obtained by North by Northwest Capital to
find a 0% interest rate loan for a 1% flat fee.  He further talked about the best
proposal currently is 1% interest rate.
He reviewed the offer by North by Northwest Capital.  He said that he will review this
proposal with Bob Jessup and the other bank.  He read a portion of the proposal about
“The interested parties have concerns. As Alleghany County
is out of their respective market area it would require an exception to the
bank’s policies.  This would
necessitate board approval, a time consuming and uncertain process.  An additional alarm raised” in
regards to the utilization of the fund balance.  He reminded the Board that the County is
dealing with a bank outside of North
Carolina who is not familiar with local
governments’ practices.  He
talked about they are looking for insurance in the amount of $20,000 in case
the County defaults on the loan.  He
reviewed the alternatives available to Board.  He explained that the overall savings
would be around $70,000 to $80,000 over the life of the loan if the Board goes
with the 0% interest.  He said he
will have more accurate numbers at the next meeting.  He stated that this is a locked-in
proposal.

Barry
Maines presented information about the Firewise Program.

Hunter
Birkhead gave the background of the Firewise Program and explained the
purpose.  He explained that Rich
Mountain Acres started the Firewise Program by going through a hazardous
assessment planning process and implemented changes recommended by the plan.    He presented Larry KaBat,
Pat Hamerson, Dudley Carpenter and Melvin Crouse with a Firewise Award and sign
for the neighborhood.  He explained
that this community is the sixth in the state to receive this award and the
first in Northwest North Carolina.

Chair
Ken Richardson commended the Forestry Service for offering this program and
Rich Mountain Acres for obtaining the award.

Commissioner
Doug Murphy asked about homeowners insurance
adjustments.

Dudley
Carpenter stated that some have and some haven’t made adjustments.

Phil Trew talked about the 2007 administrative contract
between Alleghany
County and High Country
Council of Governments for the 2007 CDBG Scattered Site Housing Rehabilitation
Project.  He talked about this is
the same price and same scope of work as the previous contract.  He asked the Board if they have any
questions.

County Attorney Donna Shumate stated
that the date should be 2010 rather than 2008 on the scope of work.

Commissioner Warren Taylor made
a motion to approve the contract for the Scattered Site project.  Commissioner Randy Miller seconded the
motion.  Vote 5:0.

County Manager Don Adams
explained the revision in the procurement policy.

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

Kay Luffman came before the Board to present the annual
Juvenile Crime Prevention Council report.
She explained that the program has had approximately 45 students this
year.  She explained the operations
of the program including advertising for proposals and funding six programs
this year.  She talked about the County
gets a good deal with the 20% match that is provided.

Commissioner Warren Taylor and
Kay Luffman talked about the number of participants may increase a little this
year and discretionary money is normally available, if needed.

Chair Ken Richardson talked about this program was
scrutinized by the General Assembly this year.

Kay Luffman and Chair Ken Richardson encouraged everyone to
contact the legislators about continuing this program.

Jayne Phipps Boger came before the Board to present the
annual report for Wilkes
Community College.  She reviewed their activities with
education, training and retraining.

Commissioner Warren Taylor asked
about the trail between Wilkes Community College and Alleghany High School.

Jayne Boger stated that the students are using it on a daily
basis.

Commissioner Doug Murphy and
Jayne Boger talked about the dual enrollment between Alleghany
High School and Wilkes Community College
increasing.

County Manager Don Adams asked
about the boot camp.

Jayne Boger explained the industrial/machinist boot camp
program.  She explained that they
are incorporating this boot camp into the high-school level.  She talked about three pieces of
equipment that the College should have onsite soon and will begin working with
the high school students on these machines.

Clarence Crouse explained that they have adopted a
resolution about the proposed middle school.

Dr. Jeff Cox,
Superintendent, read the resolution adopted by the Board of Education about a
new middle school facility and addressing water and sewer needs at Glade Creek
Elementary School, and if the Commissioners decide to go with a referendum to
hold the referendum as soon as possible.

Commissioner Milly Richardson clarified that the State pays
per pupil for teachers and administrative staff, and the County pays for
building needs.  She talked about
this plan calls for a separate school building with 26 additional staff members.

Clarence Crouse stated that some will be moved from other
schools.

Dr. Cox talked about the current 6th-8th
grade teachers would move, and the additional staff would be to add the
additional programs.

Commissioner Doug Murphy asked if those are for the elective
courses.

Dr. Cox answered that some of them are, and some are
expanded opportunities.  He talked
about when looking across the State at programming, and our students
don’t have the needed programs available.

Commissioner Milly Richardson and John Farrelly talked about
the number of middle school teachers.

Dr. Cox talked about there are eight to ten new positions, and
the others would come from the other schools.

Commissioner Milly Richardson talked about the recurring
costs of $675,000.

Clarence Crouse stated that number includes support staff.

Commissioner Milly Richardson and Dr. Cox talked about bus
drivers, cafeteria workers and maintenance workers being included in the
$675,000 recurring cost estimates.

Chair Ken Richardson explained that the Board of Education
has done what the Commissioners asked.
He talked about holding a special election for $7,531,767 for the middle
school.  He talked about the
referendum is to provide information to the public about the process.

County Manager Don Adams stated
that he and Dr. Cox have had discussions about the timing and how fast this can
proceed.  He talked about
information from Bob Jessup and Kate Cosner.  He further talked about the proposed
timeline, the costs for the referendum.
He talked about the costs for a separate election from primary is about
$15,000, and the referendum with the primary is approximately $2,000 in legal
fees with a nominal amount for election cots.

Commissioner Warren Taylor asked
why schedule the referendum sooner.

Clarence Crouse talked about the costs of construction is
increasing.

Dr. Cox talked about the timetable to open the middle school
in August 2009.  He explained the
architect said a February or March referendum would be needed to get the school
open in August 2009.  He further
explained that it would be easier to move everyone during the summer and any
other time would be a challenge.

Commissioner Doug Murphy asked
the County Manager if the first of April is feasible
to get everything ready.

County Manager Don Adams
reviewed the timeline for a March referendum.  He talked about the County has a good
shot to meet the March date but the Board would have to call special meetings.  He further talked about an April
referendum timeline is safer.

Commissioner Milly Richardson
talked about April is 30 days before the primary, and everyone is already out
at the primary.

County Manager Don Adams
reminded everyone that once the referendum passes, the Commissioners have to
decide how to fund this; installment purchases financed for 15 years will take a
couple of months to follow through with the paperwork, COPS financed for 20 years
will take three-plus months, and bonds take longer than that.  He said he couldn’t tell the Board
of Education that if the County gets the financing in place that the County can
move fast enough to open in August 2009.

Commissioner Milly Richardson talked about concerns in the
public including having more people coming out anyway for the primary and having
another month to educate the public.
She explained that a lot of the public don’t understand what the
middle school is about.

Clarence Crouse stated that they recognize the need for
promotion, and holding area meetings.
He further stated that there is a lot of leg work to be done.

Commissioner Warren Taylor stated that they have had previous
discussions about the need for the programming.  He further stated that the Commissioners
haven’t even discussed the financing or the land-transfer tax as another
option for funding.

Commissioner Doug Murphy stated that people are asking about
the middle school, and they are hearing transfer tax and Medicaid relief.  He explained the need for it to be tied
together.  He asked how is that
going to be done.

Chair Ken Richardson said that discussion will be after the
referendum.  He stated that discussions
on any methods requiring County funds will happen after the referendum because
it is up to the Commissioners to come up with how to finance it.

County Manager Don Adams stated
that those discussions will follow regarding any County dollars.  He reminded everyone that this project does
max out the County’s borrowing capacity.  He said it is up to this Board whether
or not this Board wishes to proceed.

Commissioner Milly Richardson
talked about the transfer tax hasn’t been decided on, Medicaid relief monies
have already been spent and lottery money has already been spent.  She stated that leaves a tax increase,
at this time.

County Manager Don Adams stated
that if all of this is funded with county tax dollars it will be 8¢ to 10¢.

Dr. Cox talked about other options that are available now
that wasn’t earlier including the land transfer tax.  He talked about the need to explain to
the public the good and the bad.

Commissioner Warren Taylor made
a motion to place the middle school issue on a referendum.  Commissioner Randy Miller seconded the
motion.  Vote 5:0.

Chair Ken Richardson talked about he can’t see much
difference in April or May for the referendum.  He talked about the amount of additional
work after the referendum is passed.
He asked how important it is to determine a date today.  He talked about it looks like the choices
are March or May.

County Manager Don Adams stated
that if the Board is going with March, he has to know that tonight.

Commissioner Doug Murphy asked if the Board aims for March,
and that is not obtainable, is there costs associated.

Bob Jessup stated that if the Board tells them today they
want March; a date in the middle of March is possible, and an April date is
easy.

County Manager Don Adams
talked about bids have to be in the Local Government Commission’s
application.

Bob Jessup talked about the bid schedule drives the
financing.

Commissioner Warren Taylor talked about the weather in March
is uncertain and $15,000 is at stake.

County Manager Don Adams talked
about assuming the referendum passes, the process that would have to be followed
from that point.

Commissioner Milly
Richardson asked about having this issue scheduled for a referendum earlier,
and the Board of Education took it off.

Dr. Cox stated that
is correct.

Commissioner Milly
Richardson said it seems like to her, the Board of Education would want it when
people are coming out to vote.

Clarence Crouse talked
about their request is to consider it at the earliest date possible.  He further talked about a month earlier may
not be worth it.

Dr. Cox reiterated
that they want the school to be open in August 2009.  He explained that there are a lot of
variables to get the school open in 2009.
He further explained that he thinks this is a big enough issue that
people will come out to vote, but he understands Milly Richardson’s
point.

Commissioner Milly
Richardson made a motion to schedule the referendum in May with the regular
primary.

Commissioner Doug
Murphy asked if the Board decides to have the election in March, and it
isn’t held will there be additional costs.

Bob Jessup explained
that depends on the time when it is changed.

County Manager Don Adams talked about reviewing Kate Cosner’s election dates and where costs
would be incurred.

Chair Ken Richardson
asked for a second on the motion on the floor.  Motion died due to lack of a second.

Commissioner Warren Taylor made a motion to hold the referendum
in the middle of March.
Commissioner Doug Murphy seconded
the motion.  Vote 4:1 (Milly Richardson).

County Manager Don Adams presented the Criminal Justice Partnership
Program (CJPP) agreement and General Fund budget amendment #10 in the amount of
$4,112.  He explained the budget
amendment is due to receiving an additional amount for the CJPP program.

Commissioner Warren Taylor made a motion to approve the agreement
and   General Fund budget
amendment #10 in the amount of $4,112.
Commissioner Doug Murphy seconded
the motion.  Vote 5:0.

County
Manager Don
Adams presented a letter from the Planning Department and the
County Attorney.  He read a portion of a letter from Kathy
Murphy about the Planning Board’s motion from their October 29, 2007,
meeting concerning subdivisions and signing.  He talked about a letter from the County Attorney.

County Attorney Donna Shumate stated that the sign issue needs to be
addressed separately from the subdivision issue.  She further stated that on the sign
issue; she has researched the issue and the Board has two routes that can be
taken, amend the Property Rights Protection Ordinance to cover signs or enact a
sign ordinance.  She talked about the
Planning Board requested a moratorium, and the Board can do that.

Commissioner Doug
Murphy asked about what size signs.

Dan Abernathy asked
the Board to look at the wording of the motion asking that off-site signage
fall under the Property Rights Protection Ordinance.  He said he doesn’t believe the Planning
Board is interested in looking at other signs beside off-site advertising or free
standing billboards.  He talked
about the need to look other signage at a later date.

County Attorney Donna Shumate
explained that the Planning Board wanted to address off-site signage, but the ordinance
is very broad in the definition of signs.
She talked about the need for an amendment to the ordinance.

Dan Abernathy stated
that this why they are requesting a moratorium to allow time to decide about
the definition of a sign.

County Manager Don Adams stated that the Board needs to understand
what the Planning Board is requesting, and then turn to legal for advisement
about how to accomplish that action.

Commissioner Warren Taylor requested that the County Attorney
bring moratorium wording to the next meeting.

County Manager Don Adams talked about getting information from the Planning
Board about what the moratorium needs to be for with exact examples.

County Attorney Donna Shumate
stated that’s correct.  She
talked about the need for setting the time frame and the reason for that specific
time frame.

Dan Abernathy stated
that it should be 60 to 90 days.

Chair Ken Richardson stated
that the moratorium does not go backwards in time and it does not apply in town
or the extraterritorial jurisdiction.

County Attorney Donna Shumate
stated that is correct.

County Manager Don Adams asked the Board how fast they want to move
on this topic.  He talked about two
separate ways to pass moratoriums; zoning power or police powers.

Chair Ken Richardson said
that it should be under basic zoning powers.

Dan Abernathy stated
that the Planning Board would like for this to be under the Property Rights
Protection Ordinance.

Commissioner Doug Murphy asked if the County Attorney
is recommending a separate ordinance.

County Attorney Donna Shumate
stated that the Board can do this either way.

Dan Abernathy stated that
he doesn’t see the Planning Board getting into signs that are attached to
businesses, and they don’t want to see all of the other signs fall under
the Property Rights Protection Ordinance.

County Manager Don Adams talked about passing the moratorium under
both laws, moving as fast as possible, timeframe for the moratoriums, and the Planning
Board creating the wording for the changes.

County Attorney Donna Shumate
stated that they are also asking that all subdivisions fall under the Property
Rights Protection Ordinance.

Dan Abernathy
explained that they view it as a change of use.

County Attorney Donna Shumate
explained that she is working on getting another legal opinion on this matter.  She talked about the need for coordination
on the subdivision ordinance and Property Rights Protection Ordinance.

Chair Ken Richardson
asked her to continue to work on that issue.

County Attorney Donna Shumate
stated that she will continue her research.

Chair Ken Richardson stated
that he asked the County Manager to provide a handout to each Commissioner
about what does it mean to belong to the North Carolina Association of County
Commissioners for Alleghany
County.  He asked each Commissioner to look over
the handout.

Commissioner Milly
Richardson asked for an update on the cemetery issue.

County Manager Don Adams provided an update on the Whitehead
cemetery issue including turning it over to law enforcement who turned it over
to the SBI.  He explained that the
SBI has been in the county interviewing people.  He said that he hopes to hear something
soon on the issue.

Being
no further business, Commissioner Warren Taylor made
a motion to adjourn at 8:19pm.  Commissioner Randy Miller seconded the
motion.  Vote 5:0.

Respectfully
submitted,

Karen Evans

Clerk to the Board

Attest:

Ken Richardson

Chairman