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

The Alleghany County Board of Commissioners met= in regular session on Monday, December 15, 2008, 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 Randy Miller, Commissioner Doug Mur= phy, Commissioner Milly Richardson, Commissioner Steve Roten, County Manager Don Adams and Clerk to the Board Karen Evans.&= nbsp; County Attorney Donna Shumate was absent.

Chair Ken Richardson called the meeting to orde= r.

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

Chair Ken Richardson stated that item I needs t= o be deleted from the agenda.

Commissioner Milly Richardson made a motion to approve the amended agenda for this December 15, 2008, meeting. Commissioner Doug Murphy seconded t= he motion. Vote 5:0.<= /span>

AGENDA

Monday, December 15, 2008

3:30 PM

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

= M= otion on Agenda for December 15, 2008, meeting

Motion on Minutes for December 1, 2008, meeting

Motion on November Tax Releases & Refunds

3:35 A. = Public Comments—30 minutes

B. &n= bsp; David E= vans

RE: Baseball / Softball Update

&= nbsp; PARTF Grant—Fields

C. &n= bsp; DW Mile= s

RE: Rural Center Predevelopment Grant

D. &n= bsp; Hugh Sh= epherd

RE: Mobile Homes

E. &n= bsp; Kathy M= urphy

RE: Proposed Amended Wording—Pro= perty Rights Protection Ordinance

&= nbsp; Stokes Gatewood Appeal

&= nbsp; Planning Enforcement Procedures

F. &n= bsp; Dr. Jef= f Cox

RE: QZAB Update

G. &n= bsp; Allegha= ny Group Homes Annual Report

H. &n= bsp; Allegha= ny Memorial Hospital Annual Report

I. &n= bsp; = ; Senior Services Annual Report &= nbsp; (deleted)

J. &n= bsp; = ; County Business

1. &n= bsp; ESC Budget Amendment

2. &n= bsp; Grant Prop= osal for Glade Creek Elementary School—Water/Sewer

3. &n= bsp; Transporta= tion Improvement Plan

4. &n= bsp; Legislative Goals Meeting / Voting Delegate

5. &n= bsp; Transfer Facility Holiday Hours

6. &n= bsp; Personnel Policy—Recruitment & Employment

7. &n= bsp; Other Busi= ness

8. &n= bsp; Adjourn

Commissioner Milly Richardson made a motion to approve the minutes for the December 1, 2= 008, meeting. Commissioner Doug Murphy seconded t= he motion. Vote 5:0. =

Commissioner Doug Murphy made a motion to approve the auto refunds and releases for Nove= mber. Commissioner Milly Richardson seco= nded the motion. Vote 5:0.

Commissioner Milly Richardson made a motion to approve the real refunds and releases for= November. 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. None were received. He closed the public comments port= ion of the meeting.

David Evans, Recreation Director, came before the Board to discuss a change of leagues from Little League to Dixie League. He explained that they have held a public hearing on this matter, and everyone in attendance was in favor of t= his change. He further explained = that the youth would be changing from Little League to Dixie League because the older kids are already in the Dixie League. He talked about the differences be= tween the leagues. He further talked about what this change means to Alleghany County including the usage of the fields, how he will be sending information to the parents through the stude= nts and the differences in the rules.

Chair Ken Richardson and David Evans talked about their equipment works with both Little League and Dixie League and the fees associated for each league with= the Dixie League being cheaper.

Commissioner Milly Richardson stated that this sounds like a great move and good for the kids.

County Manager Don Adams talked about timing issues with the Dixie League lasting longer and giving notices to the parents.&= nbsp; He further talked about having staff on hand when the season starts.

Commissioner Doug Murphy and David Evans talked about the Dixie League will allow for mo= re practice time.

Commissioner Milly Richardson made a motion to approve this change. Commissioner Doug Murphy seconded = the motion. Vote 5:0. =

David Evans talked to the Board about the County property across from Andrews Trucking on the bypass. He explained that they are looking for open areas with grading completed. He used examples for use of this property. He explained that t= his would release the fields for the adults.&n= bsp; He gave an example of the use of Jarrett Field during the fall. He presented numbers to the Board regarding the level of participation for the different sports.

County Manager Don Adams talked about information for the PARTF grant. He explained that Martin Marietta = currently allows the County to use their field as soccer fields. He further explained that the gran= t is dollar-for-dollar. He reitera= ted the location of the property along the Sparta bypass. He reminded everyone that the Board allowed him to delineate wetlands on this property. He talked about if anyone destroys= wetlands; you have to mitigate it by replacing it or paying into a state fund. He gave examples of how to mitigat= e this property. He let the Board kn= ow that the grant is due February 2. He talked about the costs estimates for the fields. He explained that the grant isn= 217;t awarded until summer, work could start in the spring, having three years to finish = the project, current timing of the grant and the Town talking about applying fo= r a PARTF grant if the County doesn’t want to apply this year. He stated that the County must hold= a public hearing on the matter for the grant.

Commissioner Doug Murphy and County Manager Don Adams discussed local people doing the w= ork.

Commissioner Milly Richardson and County Manager Don Adams discussed whether the land ca= n be used as a donation to count on the match.

Commissioner Doug Murphy, Commissioner Milly Richardson and County Manager Don Adams discussed applying for the grant including being prepared to support the gr= ant, if awarded. They discussed the amount for the grant, majority of land on that side of the road is in a floodplain, must build according to floodplain standards and being limited = to what anyone can do with this property because of being in a floodplain.

David Evans talked about the advantage of having the entire soccer program at one location. <= /p>

Commissioner Doug Murphy and County Manager Don Adams talked about the maintenance being= the County’s responsibility.

DW Miles came before the Board to discuss a Rural Center Predevelopment Grant. He stated that he has purchased the Charleston Forge building to be put to use for retail to offi= ce or manufacturing, whatever will put people to work. He said that it could save the Coun= ty money for future projects. He= further said he went to a Rural Center meeting regarding rural development through = the building reuse and restoration grant. He stated that this grant is at no cost to the County.

Chair Ken Richardson and DW Miles talked about this being the old shoe plant on M= emorial Park Drive.

County Manager Don Adams explained that this is a planning grant and the purpose o= f the grant. He provided examples f= or the use of the grant monies; architect, site evaluation, master plan. He talked about the grant requires= a match with the local government supplying $1,000, which will be in-kind administrative services, and DW Miles putting up the additional $4,000.

DW Miles explained different ideas that they have for the building.

Commissioner Doug Murphy made a motion to allow DW Miles to pursue the grant. Commissioner Milly Richardson seco= nded the motion. Vote 5:0.

Commissioner Milly Richardson commented on the beautiful decorations at the Shopping Cen= ter.

DW Miles talked about the jobs that the JOB Fund created this past fall. He further talked about what the f= und has been doing including the number of new jobs.

Hugh Shepherd came before the Board to discuss property near his home where a man owns 3.1 acres with a house on the property that was to be fixed up to be rented. He presented a timeli= ne of activities on the property. H= e said he checked with the Planning Board and no permits or anything had been issued. He explained that the= re are three mobile homes on the property. He talked about the previous definition of a mobile home park and the current version. He continued discussing the timeline for the property including one mobile home being lo= cated within 25 feet of his backyard. He showed the Board pictures of his property and property next to him.

Kathy Murphy, Planner, explained her correspondences with the gentleman including= he received permits from the Health Department for his water and sewer. She talked about the property was subdivided into a minor subdivision through the subdivision ordinance which allowed the additional mobile homes.

Chair Ken Richardson stated that one of the reasons he supported the Property Rig= hts Protection Ordinance was some rights for property owners to have protection regarding situations like this one.

Commissioner Milly Richardson talked about subdivisions popping up everywhere. She further talked about the need = to codify the ordinances. She stated th= at it is common sense for the subdivision ordinance to fall under the Property Ri= ghts Protection Ordinance.

Chair Ken Richardson and Kathy Murphy discussed the Planning Board has not heard = Mr. Shepherd’s case.

Commissioner Doug Murphy and Kathy Murphy discussed single family units and farms. She explained that she thinks the wording needs to be clarified that this is a change of use.

Chair Ken Richardson reiterated that there are three lots and a mobile home is on each lot. <= /p>

Kathy Murphy agreed. She explained = that the property was subdivided to get around the Property Rights Protection Ordinance and her concern is he could put four more mobile homes on those areas.

County Manager Don Adams said the Planning Board is recommending adding the follow= ing wording to the Manufactured Home Park in the definitions of the Property Ri= ghts Protection Ordinance; Subdivisions of land to allow for placement of multip= le manufactured homes constitute a manufactured home park and require issuance= of a Conditional Use Permit. =

The Board talked about modular homes and subdivisions.

Commissioner Milly Richardson reiterated the need for the subdivision ordinance to be un= der the Property Rights Protection Ordinance.&= nbsp; She talked about the need to move forward to prevent this from happe= ning to someone else.

Commissioner Steve Roten and Kathy Murphy talked about the setback requirements and buil= ding code standards concerning structures near property lines.

Kathy Murphy explained that the Council of Government is working on the ordinance= s. She further explained that they ar= e looking at the format of the document including having one set of definitions and o= ne application process.

Commissioner Doug Murphy and Commissioner Milly Richardson discussed zoning and land-use planning.

County Manager Don Adams reiterated that the Council of Government and the Planning Board are working on the ordinances. He stated that the recommendation before the Commissioners is to add= the additional wording to the manufactured home park definition.

Hugh Shepherd talked more about his situation including there is a storage tank = on the property.

Chair Ken Richardson asked what the Board can do to help Mr. Shepherd.=

Kathy Murphy stated that she isn’t aware of anything because he has already received all of the permits and the well/septic issues fall under the Healt= h Department.

Commissioner Doug Murphy talked about having planning sessions the first of the year to = look at h ordinance and fix them if there are problems.

Commissioner Milly Richardson talked about holding a public hearing and vote on the chan= ge.

Kathy Murphy stated that the Planning Board wants to review all of the ordinances= . She further stated that some count= ies require feasibility studies to be completed.

County Manager Don Adams explained that the priority has shifted from reviewing the subdivision ordinance to the codification of the ordinances.

Hugh Shepherd stated his appreciation for the Board’s time, Kathy Murphy’s time and what the Board can do to stop this from happening to some other person.

Kathy Murphy talked about after this came up; she looked at the mobile home park = definition in the Property Rights Protection Ordinance. She talked about trying to help wh= en a family wanted to allow family on the same property and people using that as a loop= hole to create a manufactured home park. She used an example. S= he read the proposed definition change.

County Manager Don Adams explained that the Board would have to schedule a public hearing on January 5, and if approved, it would be effective on January 6.<= o:p>

County Manager Don Adams presented a letter of appeal from Stokes Gatewood regardi= ng the County Planner and County Manager’s decision establishing vested rights concerning the rock quarry. He reminded the Board about the process of hiring an outside attorney for an opinion on this issue, and the letter received from him; Ed Woltz, s= tating that the rock quarry has vested rights.&nb= sp; He stated that the Board needs to act on the appeal. He reviewed the options before the= Board.

Commissioner Doug Murphy stated that Mr. Woltz’s opinion did not change.

Commissioner Milly Richardson stated that the Board should stick by Mr. Woltz’s opinion.

Commissioner Milly Richardson made a motion to deny the appeal. Commissioner Steve Roten seconded = the motion. Vote 5:0. =

County Manager Don Adams talked about previously presented information regarding t= he appeal procedures including civil/criminal summons. He reminded everyone that the Board discussed setting up a meeting to discuss how to enforce the ordinances. He talked about there are pending = cases.

Commissioner Milly Richardson talked about not scheduling the meeting before Christmas a= nd look at some time in January.

Kathy Murphy talked about she would need time to update some of the cases, and so= me have been corrected through the ordinance changes.

The Board talked about dates to hold the meeting. They decided on January 6 at 6:30p= m.

Kathy Murphy stated that she wanted to let the Board know that the skate park received a $10,000 grant to enlarge the park. She further stated that the Wellne= ss Center applied for a grant to purchase helmets for an education session that will be held later.

Dr. Jeff Cox, Superintendent, presented a QZAB update. He reviewed an excel spreadsheet sh= owing the status of each project funded through the QZAB monies. He stated that Faron Atwood and Be= tsy Dillon will be serving with Randy Miller and Doug Murphy on the school need= s subcommittee that both boards had previously discussed.

Chair Ken Richardson talked about the relationship between the two boards, and if QZAB still has money left the two Commissioners would come back to the full Board to recommend using that additional money on new projects.

Dr. Jeff Cox agreed and said that the money would be used for additional renova= tion projects. He stated that he w= ill contact the County Manager about setting up an initial meeting between the subcommi= ttee members.

Commissioner Doug Murphy stated that he would rather have an early meeting to lay out wh= at the subcommittee will do.

Clerk to the Board Karen Evans said that Alleghany Group Homes needs to reschedule their annual report.

Ralph Castillo presented the annual report for Alleghany Memorial Hospital. He reviewed their community benefi= ts report, hospital volume, local vendor expenses, core measures, patient satisfaction report, income and expenses, economic impact of the hospital, challenges, medical staff, board of trustees and a report on the industry.<= span style=3D'mso-spacerun:yes'> He thanked the Board for their support.

Commissioner Doug Murphy talked about there is opportunities for people who want to work= in the medical field.

Ralph Castillo talked about conversations that he has had with the County Manager about the Hospital supplying the jail meals. He explained that the Hospital had= an outside auditor review the concept. He quickly reviewed the highlights of their review including the cost per meal and lost revenue.

County Manager Don Adams explained how Medicare and Medicaid take the costs of ser= vice to determine reimbursement rates. He talked about the potential loses in Medicare/Medicaid revenues is= a greater impact than the costs of the meals.

County Manager Don Adams presented budget amendment General Fund #21 in the amount= of $25,716. He explained that th= is is for unemployment insurance and the total was $53,537 with the vast majority= of that being the Law Enforcement Center. He further explained that the County doesn’t pay a premium because being= in the direct pay system. He sai= d that there are some claims that he is questioning. He explained that he can’t t= alk about the individuals publicly. He explained that the workers comp audit came back $18,000 less and inmate med= ical insurance was not as high so he transferred the money to unemployment to decrease the difference.

Commissioner Milly Richardson made a motion to approve budget amendment General Fund #21= in the amount of $25,716. Commissioner Doug Murphy seconded the motion. Vote 5= :0.

County Manager Don Adams talked about Mitch Franklin came before the Board to disc= uss a $40,000 grant for Glade Creek School for their water/sewer. He said that he investigated the g= rant opportunity and learned that it is for every dollar spent then the project would receive two dollars. He= stated that a septic system will be needed plus their water needs. He explained that the grant is requ= ired before construction grants and the need for a preliminary engineering report for Glade Creek Elementary School, $5,000 match would be required for $10,0= 00 to make a total of $15,000 from the Rural Center. He further explained that the= y normally fund municipal systems but they would consider a septic system.

Commissioner Doug Murphy asked if QZAB funding could be used to upgrade the existing sys= tem. County Manager Don Adams answered = yes.

County Manager Don Adams talked about the timing of this grant, another applicatio= n period in June/July, ask for the award as soon as possible to have the study compl= eted by June/July then immediately apply for the construction money. He stated that he needs permission= to apply for grant using $5,000 of County money to get $10,000 for a total $15= ,000. He further stated that the deadlin= e is January 15 for the grant. He explaine= d that the County has to spend our money first.&n= bsp; He reiterated that app= lying for this planning grant will obligate $5,000 for this grant.<= /p>

Commissioner Doug Murphy stated that will be in reference to sewer/water needs.

County Manager Don Adams agreed saying that the grant will focus on Glade Creek Elementary School needs.

Commissioner Doug Murphy and County Manager Don Adams discussed the use of QZAB monies.<= o:p>

Commissioner Milly Richardson and County Manager Don Adams talked about what qualifies A= lleghany County for this grant is a public-health need. He used the Transfer Facility as an example. They talked about th= e septic system has failed. She talked= about expanding the existing septic system.

Commissioner Randy Miller made a motion to apply for the grant and look at other funds t= han the General Fund for the money. Commissioner Milly Richardson seconded the motion. Vote 5:0.

County Manager Don Adams presented the timeline for the Transportation Improvement Plan (TIP) along with a copy of the last comments. He talked about the feasibility st= udy completed on Roaring Gap Mountain, the County’s response and the need= to get it on the construction schedule. He said he will need comments at the next meeting.

County Manager Don Adams talked about the NCACC Legislative Goals conference in January, and the Board needs to appoint a voting delegate.

Commissioner Milly Richardson made a motion to nominate Ken Richardson. Commissioner Randy Miller seconded= the motion. Vote 5:0. =

County Manager Don Adams asked about the Transfer Facility closing at 4:00pm on Christmas Eve. He explained t= hat this has been requested again for this year.

Commissioner Milly Richardson stated that she has been asked about this.

County Manager Don Adams asked about adjusting holiday pay if the Board approves t= his.

Commissioner Milly Richardson stated she doesn’t think holiday pay should be adjus= ted.

Commissioner Milly Richardson made a motion to allow them to close at 3:00pm on Christmas Eve. Commissioner Randy Miller seconded the motion. Vote 5:0.

Commissioner Milly Richardson stated that she has had a couple of questions about how employees are hired, and she thinks the Board should be more involved in the process. She reviewed the cur= rent process. She talked about the Commissioners should be involved in the process even in the interviews. She stated that the Board should h= ave final say in who is hired.

Commissioner Doug Murphy stated that a Commissioner would need to be involved from the beginning in order to see each person’s qualifications.

Chair Ken Richardson said in talking with other counties regarding their experien= ces, all five Commissioners need to be involved, everything brought to a public meeting, vote and if all five aren’t involved in everything then the Board will be playing favoritism.

Commissioner Doug Murphy stated that is his point.

Commissioner Steve Roten asked Commissioner Milly Richardson if she is just talking abou= t reviewing the final decision.

Commissioner Milly Richardson stated that is a good point. She said that she thinks the Commissioners need to be more actively involved. She stated that she has no pr= oblem being involved from the beginning but the Board needs to be more involved. =

Commissioner Randy Miller stated that this is under the County Manager’s authority= .

Commissioner Milly Richardson stated that a previous board gave him that authority.

Commissioner Doug Murphy and Chair Ken Richardson stated that they need to think about t= his before taking action.

County Manager Don Adams stated that it is up to the Board about the procedures. He reviewed the current hiring pro= cedure including department heads. <= o:p>

Commissioner Milly Richardson talked about looking at a situation where the County needs= to replace someone at the Transfer Facility, and Building Inspections doesn’t have as much work now as when the County went to three inspec= tors.

Commissioner Steve Roten stated that they had talked about this and saving money where y= ou can.

County Manager Don Adams talked about the hiring process.

Commissioner Milly Richardson asked where is the County on the Transfer Facility job.

County Manager Don Adams stated that applications had been accepted and no intervi= ews have been held yet.

Commissioner Milly Richardson asked does the Board need to stop this right now and look = at Building Inspections.

Commissioner Doug Murphy stated that it is something to look at if it is feasible.<= /o:p>

Chair Ken Richardson stated that this is talking about reorganization and changing procedures. He further stated= that these are two different things. He reminded everyone that the Board hires the County Manager and Tax Administrator. He said if the= Board is talking about reorganizing; that is a different conversation.=

County Manager Don Adams said he would have Larry Davis proceed but not have him h= ire anyone.

Commissioner Milly Richardson asked how can this position be filled until the Board has these discussions.

County Manager Don Adams explained the faster the County moves the better because there are only three maintenance guys who fill in at the Transfer Facility = plus do the maintenance work.

Commissioner Milly Richardson stated the Board needs to discuss this at the next meeting= .

Commissioner Randy Miller wished everyone and their families a Merry Christmas.

Commissioner Doug Murphy talked about the Board needs to have a planning session to look= at the ordinances to stop reacting to situations.

Chair Ken Richardson stated that is something that can be discussed at the Januar= y 6 meeting.

Commissioner Steve Roten asked about the progress at the Transfer Facility.

County Manager Don Adams stated that the walls have been poured, and heat was kept= on them. He further stated that = the scale company is supposed to be here tomorrow depending on the weather then the decking poured, and it should be open by the end of January if it is poured before Christmas.

Chair Ken Richardson wished everyone a Merry Christmas.

Being no further business, Commissioner Milly Richardson made a motion to adjourn= the meeting at 5:55pm. Commission= er Randy Miller seconded the motion. Vote 5:0.

Respectfully Submitted,

Karen Evans

Clerk to the Board

Attest:

Ken Richardson

Chairman