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 regul= ar session on Monday, November 5, 2007, at 6:30pm in the Board Meeting Room of= the County Administration Buil= ding, 348 South Main Street, Sparta, North Caro= lina.

&= nbsp; Present: Chair Ken Richardson, Vice-Chair W= arren Taylor, Commissioner Randy Miller, Commissioner Doug Murphy, Commissioner M= illy Richardson, County Attorney Donna Shumate, = County Manager Don Adams, and Clerk to the Bo= ard 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 und= er county business and item #2 needs to be deleted.

Commission= er 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 &= nbsp; Meeting Called To Order, Pledg= e of Allegiance and Prayer

&= nbsp; &nbs= p; Motion on Agenda for No= vember 5, 2007, meeting

Motion on Minutes for October 15, 2007, regular meeting and <= st1:date Year=3D"2007" Day=3D"15" Month=3D"10" w:st=3D"on">October 15, 2007, special meeting

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

B. = Public Hearing

RE: E-9= 11 Road Names

C. = Public Hearing

RE: QZAB F= unding

D. = Hunter Birkhead

RE: Firewise Program Award

E. = Michelle Ball

RE: Scatte= red Site Contract

F. = JCPC Annual Report

G. = WCC Annual Report

H. = Dan Abernathy = &= nbsp; &nbs= p; (moved under county business)

RE: Planni= ng Board Request

I. = &nb= sp; Board of Education

RE: School Facilities

&= nbsp; J. = County Business

1. CJPP 2007-2008 Agreement<= /o:p>

2. Cave Rock Estates Subdivision<= span style=3D'mso-tab-count:1'> &= nbsp; (deleted)

3. Other Business

= 4.&n= bsp; Adjourn

Commissioner Milly Richardson made a motion to approve the minutes for the October 15, 2007, meetings. Commi= ssioner Randy Miller seconded the motion. Vote 5:0.

Chair Ken Richardson opened the public comments’ portion of the meeting and asked for public comments. No= ne were received. He closed the public comments’ portion of the meeting.

Wendy Williams, E-911 Coordinator/Mapper, c= ame before the Board to present three road names; Taaz Ridge, Quilters Lane, Sa= ssy Cats Ridge. She explained where each road is located.<= /p>

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

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

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

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

&= nbsp; Chair Ken Richardson opened the public hearing regarding the QZAB public hearing = at 6:35pm.<= /p>

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

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

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

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

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

&= nbsp; County Manager Don Adams explained that he ha= s 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.&nb= sp; 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 w= ould 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 Cou= nty 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 savin= gs would be around $70,000 to $80,000 over the life of the loan if the Board g= oes 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. <= /p>

&= nbsp; Barry Maines presented information about the Firewise Program.<= /p>

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

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

&= nbsp; Commissioner Doug Murphy asked about homeow= ners insurance adjustments.

&= nbsp; 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 Cou= ntry Council of Governments for the 2007 CDBG Scattered Site Housing Rehabilitat= ion 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 Attorn= ey Donna Shumate stated that the date should be 2010 rather than 2008 on the scope of work.

Commissioner Warren Taylor <= /st1:PersonName>made a motion to approve the contract for the Scattered Site project. Commissioner Randy Miller seconded= the motion. Vote 5:0. =

County Manage= r Don Adams explained the revision in the procurement policy.

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

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

Commissioner Warren Taylor <= /st1:PersonName>and Kay Luffman talked about the number of participants may increase a little t= his 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<= /st1:PlaceName> Community College.<= span style=3D'mso-spacerun:yes'> She reviewed their activities with education, training and retraining.

Commissioner Warren Taylor <= /st1:PersonName>asked about the trail between Wilkes <= st1:PlaceType w:st=3D"on">Community College and Alleghany High Scho= ol.

Jayne Boger stated that the students are using it on a d= aily basis.

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

County Manage= r Don Adams = asked about the boot camp.

Jayne Boger explained the industrial/machinist boot camp program. She explained that t= hey 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 w= ith 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 Cr= eek 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 p= ays per pupil for teachers and administrative staff, and the County pays for building needs. She talked ab= out this plan calls for a separate school building with 26 additional staff mem= bers.

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

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

Commissioner Doug Murphy asked if those are for the elec= tive courses.

Dr. Cox answered that some of them are, and some are expanded opportunities. He ta= lked 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 a= bout the number of middle school teachers.

Dr. Cox talked about there are eight to ten new position= s, 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 staf= f.

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

Chair Ken Richardson explained that the Board of Educati= on has done what the Commissioners asked.&nbs= p; He talked about holding a special election for $7,531,767 for the mi= ddle school. He talked about the referendum is to provide information to the public about the process.<= /o:p>

County Manage= r 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 propos= ed timeline, the costs for the referendum.&nb= sp; He talked about the costs for a separate election from primary is ab= out $15,000, and the referendum with the primary is approximately $2,000 in leg= al fees with a nominal amount for election cots.

Commissioner Warren Taylor <= /st1:PersonName>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 sc= hool in August 2009. He explained = the architect said a February or March referendum would be needed to get the sc= hool open in August 2009. He furth= er 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 f= easible to get everything ready.

County Manage= r Don Adams reviewed the timeline for a March referendum. He talked about the County has a g= ood shot to meet the March date but the Board would have to call special meetin= gs. 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 o= ut 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 t= ake 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 t= he public including having more people coming out anyway for the primary and h= aving another month to educate the public. She explained that a lot of the public don’t understand what t= he 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 pre= vious discussions about the need for the programming. He further stated that the Commiss= ioners haven’t even discussed the financing or the land-transfer tax as anot= her option for funding.

Commissioner Doug Murphy stated that people are asking a= bout 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 di= scussions on any methods requiring County funds will happen after the referendum beca= use it is up to the Commissioners to come up with how to finance it.

County Manage= r Don Adams = stated that those discussions will follow regarding any County dollars. He reminded everyone that this pro= ject does max out the County’s borrowing capacity. He said it is up to this Board whe= ther 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 incre= ase, at this time.

County Manage= r Don Adams = stated that if all of this is funded with county tax dollars it will be 8&cen= t; 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 explai= n to the public the good and the bad.

Commissioner Warren Taylor <= /st1:PersonName>made a motion to place the middle school issue on a referendum. Commissioner Randy Miller seconded= the motion. Vote 5:0.<= /span>

Chair Ken Richardson talked about he can’t see much difference in April or May for the referendum. He talked about the amount of addi= tional 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 Manage= r 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 Mar= ch, 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 M= arch is uncertain and $15,000 is at stake.

County Manage= r Don Adams = talked about assuming the referendum passes, the process that would have to be fol= lowed 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 th= at 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 t= alked about their request is to consider it at the earliest date possible. He further talked about a month ea= rlier 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.&= nbsp; 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 explai= ned that depends on the time when it is changed.

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

Chair Ken Richard= son asked for a second on the motion on the floor. Motion died due to lack of a secon= d.

Commissioner Warren Taylor made a motion to hold the refere= ndum in the middle of March. Commissioner Doug Murphy seconded the motion. Vote 4:1 (Milly <= st1:place w:st=3D"on">Richardson).<= /o:p>

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

Commissioner Warren Taylor made a motion to approve the agr= eement and General Fund budget amendment #10 in the amount of $4,112.&nbs= p; 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 ena= ct a sign ordinance. She talked ab= out the Planning Board requested a moratorium, and the Board can do that.

Commissioner Doug Murphy asked about what size signs.

Dan Abernathy ask= ed 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 t= he Planning Board is interested in looking at other signs beside off-site advertising o= r free standing billboards. He talked about the need to look other signage at a later date.

County Attorney Donna Shu= mate explained that the Planning Board wanted to address off-site signage, but t= he ordinance is very broad in the definition of signs.&= nbsp; She talked about the need for an amendment to the ordinance.

Dan Abernathy sta= ted 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 under= stand 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 fro= m the Planning Board about what the moratorium needs to be for with exact examples.

County Attorney Donna Shu= mate stated that’s correct. = She talked about the need for setting the time frame and the reason for that sp= ecific time frame.

Dan Abernathy sta= ted that it should be 60 to 90 days.

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

County Attorney Donna Shu= mate stated that is correct.

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

Chair Ken Richard= son said that it should be under basic zoning powers.

Dan Abernathy sta= ted 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 Shu= mate stated that the Board can do this either way.

Dan Abernathy sta= ted that he doesn’t see the Planning Board getting into signs that are attache= d to businesses, and they don’t want to see all of the other signs fall un= der 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 t= he Planning Board creating the wording for the changes.

County Attorney Donna Shu= mate stated that they are also asking that all subdivisions fall under the Prope= rty Rights Protection Ordinance.

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

County Attorney Donna Shu= mate explained that she is working on getting another legal opinion on this matt= er. She talked about the need for coor= dination on the subdivision ordinance and Property Rights Protection Ordinance.=

Chair Ken Richard= son asked her to continue to work on that issue.

County Attorney Donna Shu= mate stated that she will continue her research.

Chair Ken Richard= son stated that he asked the County Manager to provide a handout to each Commission= er about what does it mean to belong to the North Carolina Association of Coun= ty Commissioners for Allegha= ny 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 o= ver to the SBI. He explained that= the SBI has been in the county interviewing people. He said that he hopes to hear some= thing soon on the issue.

&= nbsp; Being no further business, Commissioner Warren Taylor= made a motion to adjourn at 8:19= pm. 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