The Alleghany County Board of Commissioners met= in regular session on Monday, November 19, 2007, at 3:30pm in the Board Meeting Room of the County Administration Building, 348 South Main Street, Sparta, North Carolina.

Present: = Chair Ken Richardson, Vice-Chair Warren Taylor, Commissioner Randy Miller, Commissioner Doug Murphy, Commissioner Milly Richardson, County Attorney Do= nna Shumate, County Manager Don Adams and Clerk to the Board Karen Evans.

Chair Ken Richardson called the meeting to orde= r.

Commissioner Randy Miller led the Pledge of Allegiance and opened the meeting with a prayer.

Commissioner Randy Miller made a motion to appr= ove the agenda for this November 19, 2007, meeting. Commissioner Warren Taylor seconde= d the motion. Vote 5:0.

AGENDA

Monday, November 19, 2007

3:30 PM

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

= M= otion on Agenda for November 19, 2007, meeting

Motion on Minutes for October 29, and November 5, 2007, meetings=

Motion on October Tax Releases & Refunds

3:35 A. = Public Comments—30 minutes

B. &n= bsp; Public Hearing (Continued from 11/5/07)

RE: QZAB Funding and Resolution

C. &n= bsp; Mary Wa= lker

= R= E: Tax Appeals and Late Applications

D. Martin Starnes and Associates

= R= E: FY 2006-2007 Audit

E. Red Cross Annual Report

F. = Planning Committee Annual Report

G. BROC Annual Report

H. &n= bsp; County Business

1. &n= bsp; Long Term = Care Committee Appointment

2. &n= bsp; Tourism Initiative Resolution

3. &n= bsp; Sign Morat= orium

4. &n= bsp; Tag Office=

5. &n= bsp; PEG Grant =

6. &n= bsp; School Bond Referendum Resolution

7. &n= bsp; Adjourn

Commissioner Randy Miller made a motion to approve the minutes for the October 29 and November 5, 2007, meetings. Commissioner Warren Taylor seconded the motion. Vote 5:0.

Commissioner Milly Richardson made a motion to approve the vehicle releases and refunds = for October. Commissioner Randy M= iller seconded the motion. Vote 5:0= .

Commissioner Milly Richardson made a motion to approve the real property releases and refunds for October. Commissi= oner Randy Miller seconded the motion. Vote 5:0.

Chair Ken Richardson opened the public comments’ portion of the meeting. He asked for public comments. None were received. He closed the public comments̵= 7; portion.

Chair Ken Richardson reconvened the public hearing from the last meeting at 3:35pm regarding the QZAB funding. <= o:p>

County Manager Don Adams explained th= at the proposed financing is a 14-year loan at 0% interest with the following fees associated with the loan; $20,000 for the financial consultants, $20,000 cr= edit enhancement insurance, $6,750 for bond counsel, $2,000 for survey and title work, $500 for the LGC application and $750 for advertising and miscellaneo= us expenses. He explained that t= he application is due the first of January to be considered at the February Lo= cal Government Commission (LGC) meeting. He further explained that the LGC requested that the application be presented for the February meeting rather than earlier.

Chair Ken Richardson asked for public comments.

Dr. Jeff Cox, Superintendent, talk= ed about prior reimbursement resolutions that the Commissioners have agreed for the schools to proceed with; bleachers and air conditioning. He further talked about the need t= o work on some additional projects and extend the timeframe since the application isn’t going before the LGC until their February meeting.

Chair Ken Richardson asked for further comments.= None were received. He declared the public hearing closed at 3:37pm.

Chair Ken Richardson asked Dr. Cox to get with the County Manager and bring the i= ssue back to the Board of Commissioners.

Mary Walker, Tax Administrator, came before the Board to present late application letters for farm use for the following people; Mr. Miller, Myrtle Holloway signed by her power of attorney Roger Choate, Richard Crouse, and Gary Murphy.

Commissioner Milly Richardson made a motion to approve these requests as presented by the Tax Administrator. Commission= er Warren Taylor seconded the motion. &n= bsp;

Chair Ken Richardson and Mary Walker talked about the Tax Office will see if they qualify for farm use because this act= ion is just allowing them to make application.

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

Mary Walker talked about two letters are solid waste fee appeals. She further talked a= bout the condition of the mobile homes in the first appeal.

Commissioner Milly Richardson made a motion to approve the solid waste fee appeal for th= ese mobile homes. Commissioner Do= ug Murphy seconded the motion.

Chair Ken Richardson asked for clarification about the refund.<= /p>

Mary Walker explained the process for the refunding solid w= aste fees.

County Manager Don Adams informed the= Board about this property owner has an application before the Planning Board about remodeling these mobile homes to rent them out.

Mary Walker stated that these refunds are for past years on= ly.

The Board voted on floor. Vote 5:= 0.

Mary Walker presented a letter about solid waste fees on Sn= ow Drift Lane. She explained tha= t the lady doesn’t live there because she is taking care of her father, and= the property hasn’t had power for three years. She is asking that the solid waste= fee be removed until she moves back to Alleghany County.

Commissioner Milly Richardson made a motion to approve the solid waste fee. Commissioner Doug Murphy seconded = the motion. Vote 5:0.

Mary Walker presented motor-vehicle appeals for Mr. Stanley= . She talked about she agrees with t= he appraisal of $1,500 for the 1999 Chevrolet pickup because of the mileage an= d condition. She stated that he has another app= eal for $900.

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

Mary Walker stated that her recommendation for Mr. Ritchie’s appeal on the 2002 Chevrolet pickup is $10,700.<= /span>

Commissioner Warren Taylor made a motion to approve Mary Walker’s recommendation.<= span style=3D'mso-spacerun:yes'> Commissioner Doug Murphy seconded = the motion. Vote 5:0. =

Chris Cosner with Martin Starnes and Associates presented the annual audit report= for 2006-2007. He reviewed the highlights of the audit.

County Manager Don Adams talked about= the Board’s budget process uses estimated fund balance number and the act= ual numbers were close to the estimates that were presented.<= /p>

Ann Graves presented the annual report for Red Cross. She gave the Board a copy of their annual report. She explained = the items that she has been working on. She talked about activities that they hope to start in Alleghany Cou= nty that have worked well in Wilkes County.&nb= sp; She further talked about they facilitate activities with the armed services when a member needs to come home for a family situation.

Betty Ann Eller explained the health and safety portion of the Red Cross program. She talked about hav= ing anonymous donor who donated a truckload of blankets which have been distrib= uted to the fire departments. She = talked about working with the Boy Scouts and the youth. She further talked about classes h= eld at the wellness center in regards to health and safety. She explained the activities that = they have worked on.

Agnes Joines presented the annual report for the Alle= ghany Planning Committee. She revie= wed their fundraising activities including the Hillbilly Show. She talked about programs and acti= vities that they are involved in.

Commissioner Doug Murphy, Agnes Joines and Betty Bledsoe tal= ked about BROC does not work with the youth in finding jobs during the summer l= ike they used to.

Agnes Joines presented the annual report for the Blue= Ridge Opportunity Commission (BROC). She reviewed the list of their board members.&= nbsp; She explained their history, purpose and activities that they work w= ith including Head Start and helping people with housing needs. She stated that they also do a lot= of fundraising.

The Board of Commissioners stated their appreciation for Betty Bledsoe and Agne= s Joines for their work on these committees.

County Manager Don Adams presented a = letter from Alex Jernigan requesting that Leslie Choate be appointed to the Long T= erm Care Advisory Committee for one year.

Commissioner Warren Taylor made a motion to appoint Leslie Choate to the Long Term Advis= ory Committee. Commissioner Milly Richardson seconded the motion. Vote 5:0.

County Manager Don Adams presented a resolution about the Northwest North Carolina / Southwest Virginia Regional Tourism Initiative. He explai= ned the resolution.

Commissioner Milly Richardson made a motion to approve the resolution as presented by the County Manager. Commissioner = Doug Murphy seconded the motion. V= ote 5:0.

County Manager Don Adams reminded eve= ryone that last Friday was the last day for the local tag office to be open. He explained that the previous boa= rds had shown interest in performing these duties if circumstances provided for that opportunity. He stated t= hat he met with the State DMV about the County performing these services. He furth= er stated that he has been working with Mary Walke= r on this concept. He explained th= at DMV would require one window to be dedicated to the tag office, two different computer systems with two different cash drawers and changing office hours = for the collection windows. He ta= lked about the way the tax office operates now.= He said that this concept has never been done. He explained that most other tax o= ffices recommend that it be a separate office due to the workload and personnel issues. He talked about conce= rns from DMV. He stated that he recommends proceeding with offering this service, direct Mrs. Walker to exa= mine both alternatives and come back to this Board with recommendations if the B= oard wishes to go forward with this concept.&nb= sp;

Commissioner Warren Taylor and County Manager Don Adams talked about the State will provide the computer system. County Manager Don Adams explained that the County will be responsible to provide the personnel, office supplies and equipment.

Commissioner Warren Taylor and County Manager Don Adams talked about the revenue side of this project being hard to estimate because the State does not collect the notary fees associated with tag work.

Commissioner Warren Taylor and County Manager Don Adams talked about the legislators looking at joining tag offices with tax office= s in the future.

Commissioner Warren Taylor stated that this is an important enough issue to try to retain the services in Alleghany County.

County Manager Don Adams stated that = they are looking at giving the County the first option but there are several oth= er private individuals who are interested in providing this service. He talked about Mary Walker will have to do more research. He further talked about this is a = way to offer a better service because the tax office and tag office work together.=

Chair Ken Richardson stated that it sounded like there is a general consensus from the Board.

Mary Walker said she will try to have the information by th= e next meeting. She stated that she = has some concerns that she has spoken to the County Manager about. She said she is not opposed to thi= s, and she will look into this by the next meeting.

Commissioner Milly Richardson clarified that if the County doesn’t provide this service, someone else can.

County Manager Don Adams stated that = is his understanding.

County Manager Don Adams stated that = the proposed moratorium has been reviewed by the Planning Board and is now befo= re the Commissioners. He explain= ed that it can be adopted under police powers rather than zoning powers. He talked about the Board needs to discuss the content and whether this is something the Board wishes to pursue then the second issue is how this moratorium needs to be passed.

County Attorney Donna Shumate reiterated that the Planning Board wanted to address= the sign issue. She explained that according to her research there are two ways to accomplish that; police pow= ers or zoning. She talked about different counties pursued this action and was sued but they did it under police powers when they had zoning in place. She further talked about the Court= of Appeals’ discussion on these cases about if they have zoning they can still pursue it under police powers. She stated that she drafted two moratoriums, and the Planning Board = came back with the police-power moratorium.&nbs= p; She stated that she consulted a zoning attorney and asked if the Cou= nty has zoning can this action be done under police powers. She said the reply she received st= ated that even if it is a stand-alone ordinance that regulates something covered under the zoning article then the attorney believes it has to be adopted un= der zoning powers. She stated the moratorium in front of the Board is not under zoning.

Commissioner Warren Taylor asked what the Planning Board is looking for.

County Manager Don Adams stated that = the Planning Board is looking towards a stand-alone ordinance.

Commissioner Warren Taylor talked about having two conflicting opinions.

County Attorney Donna Shumate agreed. She explained that she thought she had it figured out but then the opinion came back from the other attorney and now she is not so sure. =

Commissioner Warren Taylor stated that the Board is better to wait until the Board can s= ee what to do.

County Attorney Donna Shumate agreed and stated that maybe someone who does this o= n a daily basis should look at this.

Chair Ken Richardson asked about doing this for 90 days to allow time for the Pla= nning Board to work on the ordinance while this answer is being researched.<= /o:p>

County Attorney Donna Shumate explained that it is just for 90 days but if this is= to be done under zoning then a public hearing is required and notifications ha= ve to be completed even for a moratorium.

Commissioner Milly Richardson, County Attorney Donna Shumate and County Manager Don Adams talked about the Planning Board recommended a moratorium to allow time to have a stand-alone ordinance and however the Commissioners adopt a moratorium is left to the Commissioners.<= o:p>

Commissioner Warren Taylor asked about having a public hearing before the Board can adop= t a moratorium.

County Attorney Donna Shumate explained that a public hearing is required under zo= ning but not under police powers. = She stated that she prefers to table this issue until the next meeting to allow= her more time to research it. She talked about the Board could have discussions about the content to allow he= r to know which direction to go.

Commissioner Warren Taylor talked about this does what the Board was hoping to do.<= /o:p>

County Manager Don Adams read a porti= on of the proposed moratorium “Now, therefore, be it ordained that the Boar= d of Commissioners of Alleghany County hereby places a moratorium on the constru= ction and placement of off-site signs for a period of ninety (90) days following = the moratorium’s adoption. Off-site signs shall be defined, for purposes of this moratorium, as= Any sign, or any part thereof, erected and maintained by a business or service = upon which advertising matter, public services information or other matter may be displayed and which advertises firms and organizations that, along with the= ir goods and/or services, are not located on the same premises as the sign, and which surfaces are sold, rented, owned or leased for the purposes of advertising or providing information. A billboard/outdoor advertising sign shall be considered an off-site sign. This moratorium specifi= cally does not cover temporary signs. Temporary signs, for purposes of this moratorium, shall be defined as “Any off-site sign, or any part thereof, erected and maintained by a business or service upon which advertising matter, public services informat= ion or other may be displayed and which is placed for a period of sixty (60) da= ys or less. Temporary signs incl= ude, but are not limited to, yard sale signs, real estate signs, political signs, holiday signs, warning signs posted by utility or construction company. Billboards shall not be considered temporary signs even if placed for a period of sixty (60) days or less.” He talked about differences between zoning and police powers and a new state law about zoni= ng amendments or changes that requires the County to run ads in the newspaper twice, then notify all property owners.&nb= sp; He explained the costs associated with the new State law, $3,340.77 = or $5,208.48. He further explain= ed that the price differences are due to the size of the ad and number of lett= ers that must be mailed out. He s= tated that these prices do not include labor.&nb= sp; He asked the Board if he gets the County Attorney’s opinion th= at says it must be under zoning, is the money is place to start this process.<= o:p>

Chair Ken Richardson asked if the Board does this today can the Board go back and undo this at the next meeting.

County Manager Don Adams stated that = the only issue is that Kathy Murphy will enforce this from tonight until the next meeting.

Commissioner Randy Miller asked can it be rescinded within the 90 days.

County Attorney Donna Shumate stated that it can be but there are procedures to follow.

County Manager Don Adams talked about= if the Board adopts this tonight effective tonight, she enforces it next week = then the County finds out it was illegal.

Chair Ken Richardson asked why Ashe County could adopt a moratorium.

County Attorney Donna Shumate stated that Ashe County doesn’t have zoning.

Commissioner Warren Taylor talked about the notice to property owners.=

Kathy Murphy reviewed the new zoning laws regarding morator= iums.

County Manager Don Adams talked to Kathy Murphy about the zoning moratorium.=

Commissioner Doug Murphy said that it sounds like to him this could be a legal issue if passed under police powers, enforced then find out the County has to go with zoning.

Commissioner Warren Taylor talked about the Property Rights Protection Ordinance and reg= ular zoning.

Chair Ken Richardson stated that this issue is tabled until the next meeting.

County Manager Don Adams talked about= a proposed PEG grant. He talked= about Alleghany Cablevision currently provides a public, educational or governmen= tal access channel and that action allows the County to apply for grants funds = in the amount of $25,000 for a dollar to dollar match for a total budget of $50,000. He explained that th= ere are $23,624 for a codecs in the QZAB project to= pay for video equipment in the Cyber Campus that he hopes can be used towards t= he required $25,000 match. He continued explaining that if the grant doesn’t allow the QZAB to be u= sed as matching funds then the schools would contribute $10,000 of the matching funds and Alleghany County would contribute $15,000.

Commissioner Warren Taylor asked can we approve it after they decide whether it qualifie= s.

County Manager Don Adams talked about= the first option shows that the QZAB project is used for matching funds.

Travis Sturgill explained what codecs are and how they work. He started explaining t= he list of equipment for the two options.

Commissioner Milly Richardson and Travis Sturgill talked about this will give production= s a more professional look.

County Manager Don Adams talked about= that this will provide video recording to go to another level.=

Commissioner Milly Richardson asked about broadcast quality.

Travis Sturgill talked about current problems with broadcasting. He continued to describe the equip= ment and its purpose.

Commissioner Milly Richardson asked if this will allow students to use this to learn.

Travis Sturgill stated yes and the students are the driving force. He continued to describe the equipment. =

County Manager Don Adams reiterated t= hat the total budget is $50,000, with one scenario using the QZAB project as matching money. He stated tha= t he is asking for permission to apply for the grant. He talked about how two pieces will enable the Cyber Campus to move forward.&n= bsp; He explained that the second budget is similar. He talked about the extra differen= ces between the two budgets including audio upgrades. He explained how the audio and vid= eo would work. He talked about t= he possible location of the cameras. He explained that this will take care of long-term video and audio needs. He further explained that he has s= poken to the schools, and they are interested.&n= bsp; He talked about the schools will provide $10,000 and the County prov= ide $15,000.

Chair Ken Richardson talked about the second quote, and it seems likes the County= is getting $50,000 of equipment for $15,000.

County Manager Don Adams stated that = this is a grant, and it should take care of our needs.

Chair Ken Richardson talked about applying for the second proposal because the fi= rst one has a chance to have something kicked out.

Commissioner Warren Taylor talked about this is a rare opportunity.

Commissioner Randy Miller made a motion to apply for both proposals. Commissioner Milly Richardson secon= ded the motion.

Commissioner Doug Murphy asked will this be available to the students.=

Travis Sturgill stated that yes this is something that will benefit them greatly.<= o:p>

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

County Manager Don Adams presented a resolution titled Intent to Proceed with a Referendum for Alleghany County General Obligation School Bonds. He explained the highlights of the resolution including the number had been rounded up to $7,535,000 and the election date is scheduled for March 11.

Commissioner Warren Taylor made a motion to approve the resolution as presented by the County Manager. Commissioner = Randy Miller seconded the motion. V= ote 5:0.

County Manager Don Adams reminded the= Board about the next meeting is the organizational meeting of the Commissioners.<= o:p>

Being no further business, Commissioner Milly Richardson made a motion to adjourn the meeting at 5:10pm. Commissioner Randy Mi= ller seconded the motion. Vote 5:0= .

Respectfully Submitted,

Karen Evans

Clerk to the Board

Attest:

Ken Richardson

Chairman

ALLEGHANY COU= NTY

NORTH CAROLIN= A

RESOLUTION

Supporting the Northwest North Carolina/Southwest Regional Tourism = Initiative (RTI) in Seeking Funding Assistance from the US Economic Development Administration (EDA)

WHEREAS, = Alleghany County, North Carolina, is an active and participating member of the Northw= est North Carolina / Southwest Virginia Regional Tourism Initiative; and

WHEREAS, Alleghany County supports the collaborative efforts underway to support the various components of the RTI’s mission statement and associated strategies; and

WHEREAS, = the Alleghany County Board of Commissioners have reviewed the Pre-application for Funding Assistance from the U. S. Economic Development Administration, Executive Summary, dated November 1, 2007; and

WHEREAS, = EDA funding is essential to carrying out the Fiscal Year 2008 work program of t= he Regional Tourism Initiative;

NOW, THEREFOR= E BE IT RESOLVED by the Alleghany County Board of Commissioners, by action take= n on November 19, 2007, hereby endorses the

Pre-application for Funding Assistance= from the U.S.= Economic Development Administration.

&nbs= p; Adopted this the 19^th day of November, 2007.

Resolut= ion Stating Intent To Proceed with a Referendum

For Alleghany County General Obligation School B= onds

WHEREAS:

The Board of Commissioners of Alleghany County, = North Carolina, has considered the need for capital improvements for public schoo= ls in the County. The Board has received a request from the Alleghany County School Board to proceed with a referendum on the issuance of County general obligation bonds to provide fu= nds for construction and improvement of school facilities, in particular for the construction of a new middle school for the County.7

&= nbsp;

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

1. The B= oard makes an initial determination to proceed with a referendum on March 11, 20= 08, for County general obligation school bonds in the maximum amount of $7,535,= 000.

&= nbsp; 2. The C= ounty Manager is authorized and directed to proceed with the proper steps toward the authorization of the referendum, including proceeding with an application to the North Carolina Local Government Commission (the “LGC”) for = its approval of such bonds. The Board appoints the County Manager as the County’s authorized representative with respect to the LGC application process.

&= nbsp; 3. The B= oard makes the following findings of fact in support of its determination:

a) &n= bsp; The proposed capital projects are necessary and expedient for the County. The County has engaged in a substa= ntial process of discussion with the County school board, and in the review of the School Board’s analysis of school facility needs. Based on this review and the School Board’s analysis, the County determines that the proposal to construc= t a new middle school for the County is necessary and expedient for the County.= The Board notes, however, that the projects eventually funded with bond proceeds will depend on final project costs and the County’s evolving needs.

b) &n= bsp; The amount of bonds proposed is adequate and not excessive for the proposed purpose. The proposed bond am= ount has been derived from the School Board’s request for the referendum. = The School Board’s request is the result of significant work by the School Board in evaluating options and determining project costs. Based on this review and the School Board’s analysis, the County determines that the amount of bonds prop= osed is adequate and not excessive for the proposed purpose.

c) &n= bsp; The County’s debt management and budgetary and fiscal management policies have been carried out consistently in accordance with the law.

&nbs= p; d) The B= oard estimates a maximum potential tax impact to the County of 5 cents per $100 = of assessed valuation to pay the principal of and interest on the bonds. The actual amo= unt of any tax increase will depend on final project costs, changes in the County’s tax base and other factors, including factors outside the County’s control. The Board believes that any such tax increase will = be appropriate and not excessive under all the circumstances if the CountyR= 17;s voters approve the bonds. The County will in all cases work to minimize the potential tax impact of any financing in a manner consistent with sound financial policy and consistent with the timing of the project. In addition, the County will evaluate alternative means of financing project costs in a continued effort to provi= de the most cost-effective capital funding for the County.

&= nbsp; 4. The = Clerk to this Board is authorized and directed to publish a notice of the County’s intent to apply to the LGC for approval of the bonds. This notice must be in the form prescribed by statute and consistent with this resolution. All previous steps to that end previously taken by County officers are ratified, approved and confirmed.

&= nbsp; 5. The B= oard appoints Sanford Holshouser LLP, as the County’s bond counsel with respect to the proposed school bond referendum, and directs the County Manager to negotiate the terms of bond counsel’s engagement. <= o:p>

&= nbsp; 6. All C= ounty officers and employees are authorized and directed to take all such further action as they may consider necessary or desirable in connection with the furtherance of the purposes of this resolution. All such prior actions of County officers and employees are ratified, approved and confirmed. All other reso= lutions, or parts thereof, in conflict with this resolution are repealed, to the ext= ent of the conflict. This resolut= ion takes effect immediately.

Adopted this the 19^th day of November, 2007.