The Alleghany County Planning Board met in regular session
Tuesday March 20, 2007, at 6:30pm in the Commissioners Meeting Room of the County Administration
Building, 348 South Main Street, Sparta North Carolina.

Present: County Manager Don Adams, County
Planner Amy Pardue, County Planning
Board Members Dan Abernathy, Michelle Bedsaul, Kenneth Brinegar, Jerry Brooks,
Bruce Cook, Martha Holder, Sharrel Wyatt, Bill Caudill, David Isner, Clerk to
the Board of County
Commissioners Karen Evans,
and Clerk to the Planning Board Vickie Moyer

Agenda

Oath
of Office

Call
meeting to order

Welcome/Introductions

Rules
and Procedures

By-laws

Chair/Vice
Chair

Introduction
of Ordinances

Property
Rights Protection Ordinance

Quasi-judicial

Sample
Application

High
Impact/Polluting Industries

Pending
Issues

Public
Comment

Next
Meeting?

Clerk to the Board of County Commissioners Karen Evans
explained the procedure for taking the oath of office, and then gave the oath
of office to the planning board members.

Clerk to the Board of County Commissioners Karen Evans left
the meeting at 6:45pm.

County
Manager Don Adams called
the meeting to order, and welcomed and congratulated the new planning board
members.  County
Manager Don Adams reviewed the ordinance
to create a planning board for Alleghany
County NC.

County Manager Don Adams explained the rules of procedures and
went on to say that closed session does not apply to this board. Everything
this board does will be done publicly.

Planning Board member Dan Abernathy made a motion to accept
and approve these procedures. Planning Board member Jerry Brooks seconded the
motion.

The Board discussed regular meeting times and agreed on the
second Monday of every month at 6:30 PM, except holidays. Due to a schedule conflict
with the conference room, the next regular meeting will be April 23, 6:30pm.

Planning Board member David Isner asked  about agenda procedures concerning when the
adoption of the agenda takes place and the best procedure for adding people to
the agenda at the last minute.

The Board discussed the best ways to have public participation.
County Manager Don Adams suggested that the public
comment section worked well for this. The Board decided to maintain a public
comment section on each agenda.

Planning Board member Kenneth Brinegar asked about ways to
notify the public. County
Manager Don Adams explained that when meeting on a regular
schedule, the public will learn when to expect the meetings.

The board voted on the motion on the floor.  Vote 9:0

Planning Board member Jerry Brooks nominated Planning Board
member Dan Abernathy to be chair. Planning Board member Dan Abernathy accepted
the nomination

Planning Board member Bruce Cook seconded. Vote 9:0

Planning Board member David Isner commented that the meetings
need to run efficiently and in a timely manor and that Planning Board member
Dan Abernathy would bring that to the table.

Chair Dan Abernathy opens floor for vice chair. Planning
Board member Kenneth Brinegar nominates Planning Board member Martha Holder. Planning
Board member Bruce Cook seconded the motion. Vote 9:0

Planner Amy Pardue briefly reviewed the Property Rights
Protection Ordinance including Conditional Use Permit procedures.

Chair Dan Abernathy asked Planner Amy Pardue to go over the articles
of this ordinance including an example.

County
Manager Don Adams asked
how the planning board would like to learn about this ordinance. He asked if the
Board would like to study the ordinance with the example and then have a work
session.  He informed the group that
we do have a pending Conditional Use Application and went on to explain that
the planning board members cannot legally talk to pending applicants about
their application, nor can they talk to people concerning the application. Board
members are allowed to research and do site visits. He went on to discuss Quasi-judicial
meetings.

Chair Dan Abernathy asked the board how they would like to
proceed.

Planner Amy Pardue continued with her review of the Property
Rights Protection Ordinance including how the process works.

The Board had a discussion about a work session. It was
decided that the group could meet for work session April 17.

Chair Dan Abernathy asked for a motion to be made to have a
work session on the Property Rights Protection Ordinance and to review the example
Conditional Use Permit. Planning Board member Bill Caudill made a motion that
the board meet for a work session on April17, 2007 at 6:30.  Planning Board member Bruce Cook
seconded the motion.

Planning Board member Michelle Bedsaul had a few questions
about the pending application. County
Manager Don Adams gave
her a brief review of the Property Rights Protection Ordinance including the
pending application.

The Board voted on the motion on the floor.  Vote 9:0

Chair Dan Abernathy asked if discussion needed to be held
concerning the High Impact/Polluting Industries Ordinance tonight.

County
Manager Don Adams stated
that this is the second pending issue and recommended the board handle this
ordinance the same way as the Property Rights Protection Ordinance.

County
Manager Don Adams discussed the pending issue of the
concrete plant including the letter from Gardner, Gardner & Campbell
Attorney’s and Counselors at Law, which requested a review and change in
the High Impact/Polluting Industries Ordinance. The firm has asked the planning
board to have more detailed definitions in regards to concrete plants.  County Manager
Don Adams went on to say that the
Alleghany County Commissioners would like the Planning Board to review this
issue.

Chair Dan Abernathy expressed that the Planning Board has
their hands full with first issue, and to let the record show that we have received
this information and will put it on as the next item of business.

County
Manager Don Adams stated
that the ordinance is black and white, either you meet it or you don’t.   If the ordinance stays as is, then this
concrete plant cannot locate at this particular location.  The ordinance has to be amended or
abolished in order for the concrete plant to proceed. That is the only issue
before this board concerning the concrete plant.

Planning Board member David Isner asked if the Planning
Board needed to hear some of the public comments that the County Commissioners
have already heard.

County
Manager Don Adams said
that it all depended on what procedure the board wanted to go through.  He went on to say the Planning Board can
have a public hearing concerning the issue and stated that the main question
concerned the distance requirement. The concrete plant cannot meet the distance
requirement of the ordinance.

Planning Board member Bruce Cook stated when this ordinance
was adopted a tremendous amount of public input went into it; including that
the public wanted the protection that the ordinance offered. He suggested that
the Planning Board read the ordinance first and then see how it applied to this
issue.  Then the board can decide if
it is appropriate to make changes or leave the ordinance as is.

Chair Dan Abernathy stated that once you make a change it
applies not to just one property but to all.  He then asked if there had been a public
hearing on this issue before the County
Commissioners.

County Manager Don Adams replied yes, and went on to say that
the County Commissioners basically approved this
permit conditioned upon meeting the standards in this ordinance.

Chair Dan Abernathy asked the Planning Board if they are agreeable
to addressing this in the May meeting. The Planning Board had discussion about
when to address this issue and asked how long this has been in process.

Vice Chair Martha Holder stated that she understood Stacy Evans
had been waiting a long time.  She
went on to say that if the Planning Board is going to make any changes they
need look at the whole ordinance and see what other changes they may need to make.  She further stated that this may involve
a work session.

Planning Board member David Isner made a motion to put the
concrete plant on the agenda for April 23. Planning Board member Jerry Brooks
seconded. Vote 9:0.

Chair Dan Abernathy asked for public comments.

Stacey Evens introduced himself, welcomed the new Planning
Board and explained that he and his father have tried to abide by the ordinance
(High Impact Polluting Industries) but thinks the ordinance is very unfair, by
asking for 100% of signatures, which he cannot meet. He said that the concrete
plant is going to be permanent, in response to a planning board members earlier
comment.  He went on to say that he
would like an answer.

County
Manager Don Adams explained
that the ordinance does not allow these industries within 2,000 feet of a
protected facility, which includes houses, churches, schools and a list of
other facilities. He further explained that the ordinance would allow an
exception if all the residents within 2,000 feet sign a spacing requirement
waiver. The intent of the ordinance is not to let high impact businesses happen
within 2,000 feet of a residence. If the Planning Board does not agree with the
way it is set up, then it is the Boards decision to make recommended changes.

Board member Michelle Bedsaul asked if the Planning Board
accepted the changes suggested in the attorney’s letter, if I would then
allow Stacey Evans be able to construct the concrete plant.

County
Manager Don Adams answered
yes.  He went on to recommend that
the Planning Board not make decisions based on only one request because changes
would not be limited to affecting that one application.

Chair Dan Abernathy asked if there were any other comments.

Stacey Evans asked that the Planning Board be fair.

Chair Dan Abernathy asked if there were any other comments.

Chair Dan Abernathy stated that he was looking forward to
working with the Planning Board, and hoped that they can all work together and
tackle the issues.

Chair Dan Abernathy made a motion to adjourn

Planning Board member Bruce Cook seconded. Vote 9:0

Respectfully Submitted,

Vickie Moyer

Clerk to the Board

Attest:

Dan Abernathy

Chairman