Surry County Board of Commissioners

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8532 Surry County Board of Commissioners Meeting of January 2, 2007 The Surry County Board of Commissioners met in regular session at 6:00 p.m. on January 2, 2007. The meeting was held in the County Commissioners’ Meeting Room, Surry County Government Center, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Commissioner Bill Hamlin, Commissioner Jim Harrell, Jr. and Commissioner Jimmy Miller. Vice-Chairman Paul Johnson was unable to attend due to illness. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Conchita Atkins, Clerk to the Board Edwin Woltz, County Attorney Sandy Snow, Human Resources Officer John Shelton, Emergency Services Director Sheriff Graham Atkinson News Media Other Citizens ________________________________________ Chairman Craig Hunter called the meeting to order. Chairman Craig Hunter delivered the invocation and led the Pledge of Allegiance. ________________________________________ Chairman Hunter requested the Board to consider the minutes of the December 18, 2006 meeting. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve the minutes. _______________________________________________ Chairman Hunter requested that the Board consider the consent agenda. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to approve the following consent agenda items: Requests from the Assistant County Manager for Budget and Finance: 1. Approve the following Capital Project Ordinance for the Mount Airy QZAB: CAPITAL PROJECT ORDINANCE MOUNT AIRY HIGH SCHOOL-SECOND QZAB BE IT ORDAINED by the Board of Commissioners of the County of Surry that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, this capital project ordinance is hereby adopted: SECTION 1: The project authorized by this ordinance is the QZAB renovations for Mount Airy High School

Transcript of Surry County Board of Commissioners

8532

Surry County Board of Commissioners Meeting of January 2, 2007

The Surry County Board of Commissioners met in regular session at 6:00 p.m. on January 2, 2007. The meeting was held in the County Commissioners’ Meeting Room, Surry County Government Center, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Commissioner Bill Hamlin, Commissioner Jim Harrell, Jr. and Commissioner Jimmy Miller. Vice-Chairman Paul Johnson was unable to attend due to illness. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Conchita Atkins, Clerk to the Board Edwin Woltz, County Attorney Sandy Snow, Human Resources Officer John Shelton, Emergency Services Director Sheriff Graham Atkinson News Media Other Citizens ________________________________________ Chairman Craig Hunter called the meeting to order. Chairman Craig Hunter delivered the invocation and led the Pledge of Allegiance. ________________________________________ Chairman Hunter requested the Board to consider the minutes of the December 18, 2006 meeting. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve the minutes. _______________________________________________ Chairman Hunter requested that the Board consider the consent agenda. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to approve the following consent agenda items:

Requests from the Assistant County Manager for Budget and Finance:

1. Approve the following Capital Project Ordinance for

the Mount Airy QZAB:

CAPITAL PROJECT ORDINANCE

MOUNT AIRY HIGH SCHOOL-SECOND QZAB BE IT ORDAINED by the Board of Commissioners of the County of Surry that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, this capital project ordinance is hereby adopted: SECTION 1: The project authorized by this ordinance is

the QZAB renovations for Mount Airy High School

Meeting of January 2, 2007 Continued 8533

SECTION 2: The offices of this governmental unit are hereby directed to proceed

with this capital project within the guidelines set by the budget contained herein.

SECTION 3: The costs of the project are:

A. Construction Cost (Projected) $1,710,000.00 B. Engineering and Architect Fees 90,000.00 C. Other fees D. Contingency Cost ____________

Total Project Cost $1,800,000.00

SECTION 4: The following financing sources are

anticipated to be available to complete this project:

Installment Financing $1,800,000.00

TOTAL $1,800,000.00

SECTION 5: The Finance Officer is directed to report

quarterly to the Board of Commissioners on the financial status of the project.

SECTION 6: The Budget Officer is directed to include an

analysis of past and future costs and revenue for this capital project in each annual budget submitted to the Board of Commissioners for as long as this ordinance shall remain in effect.

SECTION 7: Any balance of appropriated funds which are

unexpected at the conclusion of this project shall be reserved by the Board of Commissioners for future schools buildings project.

SECTION 8: Copies of this capital project ordinance

shall be made available to the Budget Officer and the Finance Officer for direction in carrying out this project.

2. Approve budget change no. 11 as follows:

The Board of County Commissioners approved an amendment to the FY2006-2007 Budget Ordinance at their meeting on January 2, 2007. ACCOUNT PREVIOUS REVISEDCODE DESCRIPTION AMOUNT CHANGE AMOUNT

SCHOOLS CAPITAL PROJECTS FUND EXPENDITURES Mt. Airy High QZAB Proj. (New) 6155966 51500 Professional Services 0 90,000 90,000 6155966 51640 Project Construction 0 1,710,000 1,710,000 Increase departmental

total. 0 1,800,000 1,800,000

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REVENUE 6145966 49876 Trans Bond Proc-MA High 0 1,800,000 1,800,000 Increase fund totals. 7,314,829 1,800,000 9,114,829 SCHOOLS CAPITAL PROJECTS RESERVE FUND EXPENDITURES 6355919 59206 Trans to CP-MA High QZAB

(New) 0 1,800,000 1,800,000

REVENUE 6345919 49155 Proceeds of QZAB

Financing 0 1,800,000 1,800,000

Increase fund totals. 6,427,108 1,800,000 8,227,108

Requests from the Human Resources Officer: 1. Approve leave without pay for a Parks, Recreation

and Maintenance employee from December 20, 2006 through January 4, 2007.

2. Approve the following resolution honoring retired Sheriff Connie R. Watson:

RESOLUTION

WHEREAS, Connie R. Watson has faithfully served the citizens of Surry County, serving as Sheriff from December 5, 1994 until his retirement on December 4, 2006; and WHEREAS, during his tenure, Sheriff Connie R. Watson led by example, bringing a high level of integrity and professionalism to the Sheriff’s Office of Surry County; and

WHEREAS, under the guidance and leadership of Connie R. Watson, the Sheriff’s Office has experienced growth and advancement as demonstrated in the areas of staffing, technology, and training; and WHEREAS, Sheriff Connie R. Watson has earned the admiration and respect of his staff, colleagues, and the citizens he has served, not only in Surry County, but throughout the State of North Carolina, as he has dedicated his career to diligently protecting our citizens and making Surry County a safer place to live; and NOW, THEREFORE, BE IT RESOLVED that the Surry County Board of Commissioners wishes to publicly commend Sheriff Connie R. Watson for his service to the citizens of Surry County and wishes to express its appreciation for his many years of dedication to law enforcement; and

BE IT FURTHER RESOLVED that the Board extends to Connie R. Watson its best wishes for many years of happiness during his retirement.

________________________________________ Chairman Hunter then declared the meeting to be an open forum and invited members of the audience to address the Board on any matters of civic concern. Chairman Hunter addressed an article in the Mount Airy News concerning a recent closed session meeting and stated that the Board is always careful to comply with the open

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meetings law. Chairman Hunter reassured the Board and the public that the Board and staff intends to carefully comply with the open meetings law. There being no additional comments, Chairman Hunter closed the open forum, and the Board resumed regular business. ______________________________________ John Shelton, Emergency Services Director, presented a power point presentation on GIS and disaster preparedness and how each agency works together during a disaster. Mr. Shelton highlighted how GIS mapping can show high risk populations, crime scenes, fuel storage units, natural gas lines, cell towers and other informational maps. _______________________________________ The County Manager addressed the Board regarding a request from the North Carolina Association of County Commissioners for the Board to appoint a commissioner as its Legislative Liaison. Mr. Sammons stated that each county’s liaison will serve as a conduit of information between the Association, via the District 18 Director, and the local Board of Commissioners. It was the consensus of the Board for Commissioner Jim Harrell, Jr. to represent Surry County as its Legislative Liaison. _______________________________________ The County Manager addressed the Board regarding a Fair Housing Plan for Scattered Site Community Development Block Grant and a resolution of commitment to further Fair Housing within the County of Surry, and policy documents concerning an Equal Employment and Procurement Plan and Local Economic Benefit for Low Income Persons. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to approve the resolution and related policy documents.

RESOLUTION OF COMMITMENT TO FURTHER FAIR HOUSING

within the COUNTY OF SURRY

CDBG# 05-C-1374

WHEREAS, the County of Surry are familiar with Title VIII, Civil Rights Act of 195/68, amended by the Housing and Community Development Act of 1974; and WHEREAS, the County of Surry are aware that they are obligated to be in compliance with the “State Fair Housing Act” (Under Chapter 41A of the General Statutes of North Carolina); and WHEREAS, the County of Surry will administer programs and activities relating to housing and urban development in a manner to affirmatively further Fair Housing; NOW, THEREFORE, LET IT BE RESOLVED, that the Surry County Board of Commissioners agree to commit to Fair Housing

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within the County’s jurisdiction and will substantially comply with all Federal, State and Local laws, rules, regulations, and ordinances applicable in their efforts to further fair housing within the County of Surry. BE IT FURHTER RESOLVED, that Macon C. Sammons, Jr., County Manager, is hereby appointed as the Fair Housing Officer for the duration of the Community Development Black Grant 05-C-1374 in order to provide counseling, and referral services to persons having complaints about housing discrimination and housing conditions within the County of Surry jurisdiction. Macon C. Sammons, Jr. is appointed to serve in the capacity of Fair Housing Officer through this grant project. _______________________________________ The County Manager reminded the Board and citizens that the next Board of Commissioners meeting, January 16, 2007, will be held at the Cooperative Extension Office. The Cooperative Extension Office will present a power point presentation at 5:00, followed by dinner with the regular schedule business meeting to begin at 7:00 p.m. _______________________________________ The County Manager stated that the County Attorney, Health Director, Animal Control Supervisor and he are working on Animal Control regulations and will continue to work on a recommended draft to bring the Board. _______________________________________ The County Manager addressed a request from the Town of Dobson, Elkin and Pilot Mountain for a STEP Project Facilitator. The previous facilitator had resigned. The Towns requested that Chris Knopf, Planning Director, be the STEP Project Facilitator. It was the consensus of the Board for Chris Knopf to be the STEP Project Facilitator. _______________________________________ The County Manager discussed a date change for the Elected Officials Roundtable. The Board discussed the date of February 6, 2007, with a backup date of January 29, 2007. The meeting will be held at Cedarbrook Country Club at 6:00 p.m. _______________________________________ The County Manager reminded the Board of the Legislative Breakfast at Elkin High School on January 10, 2007. The breakfast will begin at 7:30 a.m. _______________________________________

Chairman Hunter informed the audience that it was time for the special recognition portion of the agenda. The following individual was recognized.

The Board of Commissioners recognized retired Sheriff

Connie R. Watson for his many years of faithful service to Surry County.

________________________________________ There was no further business to come before the

Board.

Meeting of January 2, 2007 Continued 8537

________________________________________ Upon motion of Commissioner Harrell, seconded by

Commissioner Hamlin, the Board voted unanimously to adjourn at 7:25 p.m. _______________________________________ _____________________ Conchita Atkins Clerk to the Board

8538

Surry County Board of Commissioners Meeting of January 16, 2007

The Surry County Board of Commissioners met in regular session at 6:00 p.m. on January 16, 2007. The meeting was held at the Surry County Cooperative Extension Office, 210 North Main Street, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, Commissioner Jim Harrell, Jr. and Commissioner Jimmy Miller. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Conchita Atkins, Clerk to the Board Edwin Woltz, County Attorney

Betty Taylor, Assistant County Manager for Budget and Finance

Chris Knopf, Planning Director Cathy Booker, Tax Administrator Tax Department Employees News Media Other Citizens ________________________________________ Chairman Craig Hunter called the meeting to order. Commissioner Bill Hamlin delivered the invocation and led the Pledge of Allegiance. ________________________________________ Chairman Hunter requested the Board to consider the minutes of the January 2, 2007 meeting. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to approve the minutes. _______________________________________________ Chairman Hunter requested that the Board consider the consent agenda. Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to approve the following consent agenda items: Requests by the County Manager:

1. Approve the purchase of an overhead door, in the amount of $9,893, at the Human Services Center Evidence Storage Building.

2. Approve the following from the Tax Department: Total releases for the month ending 12-31-06 in the amount of $9,832.70.

Total refunds for the month ending 12-31-06 in the amount of $7,406.28.

Total real and personal property discoveries in the month ending 12-31-06 in the amount of $14,617.78.

Total motor vehicle discoveries for the month ending 12-31-06 in the amount of $2,013.35.

Collect October 2006 motor vehicle renewals in the amount of $313,305.33.

Meeting of January 16, 2007 Continued 8539

Request from the Assistant County Manager for Budget and Finance:

1. Approve Public Works to purchase a chain-link

fence in the amount of $11,076.

Requests from the Human Resources Officer:

1. Approve leave without pay for a Health and Nutrition Center employee from January 12, 2007 through July 11, 2007.

2. Approve leave without pay for a Health and Nutrition Center employee from January 2, 2007 through January 31, 2007.

3. Approve leave without pay for a Parks, Recreation and Maintenance employee from January 5, 2007 through April 15, 2007.

________________________________________ Chairman Hunter then declared the meeting to be an open forum and invited members of the audience to address the Board on any matters of civic concern. Chairman Hunter stated that he had received a letter from Macon County regarding formal action taken by Macon County to stop implementation of Senate Bill 1126 Article 25 A Section 113-351 (D) “Subsistence License Wavier”. Chairman Hunter thanked the Cooperative Extension Office for hosting the Board of Commissioners meeting and for the delicious dinner. Commissioner Miller stated that Commissioner Hamlin, County Manager Macon C. Sammons, Jr. and he had attended the North Carolina Association of County Commissioners Legislative Goals Conference on January 11th and 12th. There being no additional comments, Chairman Hunter closed the open forum, and the Board resumed regular business. ______________________________________ Chairman Hunter then declared the meeting to be a public hearing for the purpose of hearing comments on zoning application ZCR993. The parcel site is 0.20 acres and 0.28 acres of tax parcels 4992-00-22-1218 and 4992-00-22-1452. The property owner is Ronald C. Spicer and Jimmy and Patsy Haynes Trustees. The property is currently zoned RA. The petition is to rezone the property to HB. Chris Knopf, Planning Director, presented facts pertaining to the rezoning and stated that the Planning Board recommends approval of the petition. Chairman Hunter asked for comments from the public. No one spoke on the rezoning. Chairman Hunter then declared the public hearing closed and asked the Board if they wished to take any action.

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Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to approve the rezoning as presented by the Planning Director. _______________________________________ Chris Knopf, Planning Director, updated the Board on various water and sewer projects. Mr. Knopf requested approval to apply and accept, if awarded, a CDBG Grant. The grant would be used to assist homeowners in the Flat Rock/Bannertown service area to pay for the cost of making connections to water and/or sewer. The grant is through the North Carolina Division of Community Assistance. It was the consensus of the Board for the Planning Director to apply for the grant. _______________________________________ Upon motion of Commissioner Hamlin, seconded by Commissioner Miller, the Board voted unanimously to recess as the Board of County Commissioners and reconvene as the Flat Rock/Bannertown Water and Sewer District Board of Directors.

District Board Member Hunter then declared the meeting to be a public hearing for the purpose of hearing comments on the proposed annexation of three parcels into the Flat Rock/Bannertown Water and Sewer District. Chris Knopf, Planning Director, discussed requests for annexation of three parcels into the Flat Rock/Bannertown Water and Sewer District. Mr. Knopf stated that the following three tax parcel petitions have been filed:

5031-00-51-1906 5939-10-47-2183 5939-06-37-9906

Chairman Hunter asked for comments from the public.

No one spoke on the annexation. Upon motion of District Board Member Johnson, seconded by District Board Member Harrell, the Flat Rock/Bannertown Water and Sewer District Board voted unanimously to approve the three annexation requests. The Board discussed information from the City of Mount Airy regarding a number of water and/or sewer customers within the Flat Rock/Bannertown Water and Sewer District area that were provided with service by the City, either prior to or following creation of the District. Upon motion of District Board Member Harrell, seconded by District Board Member Johnson, the Flat Rock/Bannertown Water and Sewer District Board voted unanimously for the County Manager, in behalf of the Flat Rock/Bannertown Water and Sewer District, to request that all existing customers located within the District area be transferred to the Flat Rock/Bannertown Water and Sewer District by the City of Mount Airy. The Flat Rock/Bannertown Water and Sewer District Board discussed working toward Phase II of the Flat Rock/Bannertown Water and Sewer Project.

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Upon motion of District Board Member Johnson, seconded by District Board Member Miller, the Board unanimously to adjourn as the Flat Rock/Bannertown Water and Sewer District Board of Directors and reconvene as the Surry County Board of Commissioners. _______________________________________ Dr. Barry Shepherd, Elkin City Schools Superintendent, addressed the Board regarding a funding request for Elkin High School Phase I (b) construction needs. Dr. Shepherd stated that Phase I (b) consist of a three-story stair tower and restroom segment that must be constructed prior to the demolition and reconstruction of the 1935 structure in Phase II. Dr. Shepherd stated that the Elkin Board of Education approved the allocation of $161,000 from supplemental tax and out of district tuition proceeds and that the Board of Education would like to use their first-year lottery proceeds. Dr. Shepherd requested $600,000 from the Board of Commissioners for completion of the project. The Board discussed funding for the project. Reservations were expressed about using first-year lottery proceeds as the source of funds for this work, due to uncertainty about future implications and allocations. Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to allow the Elkin City Schools to proceed with Phase I (b) construction for the stair tower; accept the allocation of $161,000 from the Elkin City Schools and with the County Manager and the Assistant County Manager for Budget and Finance working with the Elkin City Schools on the remainder of funding and bring back to the Board at a future meeting. _______________________________________

Chairman Hunter informed the audience that it was time for the special recognition portion of the agenda. The following individuals were recognized:

Brenda Davis for winning the Prestigious Plumb Bob

Award. Will Moore for receiving the 2006 North Carolina

Property Mappers Association Academic Achievement Award and obtaining the North Carolina Property Mappers mapper certification. _______________________________________ The County Manager presented information on the Nutrition Standards for Elementary Schools. The Surry County Board of Education requested the Board adopt a resolution supporting the Nutrition Standards for Elementary Schools and supporting the North Carolina State Board of Education’s proposed budget request to provide $25 per pupil to enable local school districts to implement Nutrition Standards in elementary schools throughout the state.

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Upon motion of Commissioner Miller, seconded by Commissioner Johnson, the Board voted unanimously to support the following resolution:

NORTH CAROLINA PUBLIC SCHOOLS NUTRITION STANDARDS RESOLUTION

WHEREAS, the National School Lunch and Breakfast Programs provide healthy meals to all North Carolina students enabling them to be ready to learn, WHEREAS, one in five children ages 5-11 in North Carolina is overweight, WHEREAS, the prevalence of childhood obesity has nearly tripled for adolescents in the past two decades, WHEREAS, North Carolina is in the top 10 states in the United States for the incidence of hypertension and diabetes, WHEREAS, health care costs in North Carolina associated with obesity related medical expenses cost North Carolina taxpayers more than $2.1 billion a year, WHEREAS, the North Carolina General Assembly has legislated and the State Board of Education has adopted Nutrition Standards for Elementary Schools in North Carolina schools requiring increased fresh fruits, fresh vegetables and foods high in fiber in school meals offered to students, NOW, THEREFORE BE IT RESOLVED that the Surry County Board of Commissioners support the N.C. State Board of Education’s proposed budget to provide $25 per pupil to enable local school districts to implement Nutrition Standards in elementary schools in the state. AND BE IT FURTHER RESOLVED that the $25 per elementary child be recurring funds. _______________________________________ The County Manager addressed information from the Management Information Services Director on imaging solution, noting that funds are budgeted and bids are in hand.

Brain Sharpe, Management Information Services Director, requested authorization in the amount of $45,373 for imaging solutions for the following departments: Sheriff’s Office, Tax Department, Emergency Services, Inspections Department, and Cooperative Extension Services. Mr. Sharpe had conducted a bid process with three document imaging vendors – Lanier, One Source Document Solutions and Image Now. Mr. Sharpe recommended Lanier as the vendor for the imagining based on security, administration, pricing, and the ease of use for the end user. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to the purchase. _______________________________________

Meeting of January 16, 2007 Continued 8543

The County Manager presented the FY 08 Budget Calendar. Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to adopt the calendar as presented by the County Manager. _______________________________________ The Board addressed various topics to be discussed at a Planning Retreat to be scheduled in late February. _______________________________________ The County Manager discussed the “Go For The Green Program”. Mr. Sammons stated that the program was in its third month and 84% of employees are enrolled; 11 departments have 100% employee participation, individuals are using the Primary Care Services, and 335 employees received the flu shot. The County Manager also gave a status report on a fitness facility usage form which is a component of the employee wellness program. The program will allow employees exercise and fitness at the fitness center at the Human Services Center. Each employee will be required to complete an orientation and demonstration program and a medical screening questionnaire. _______________________________________ The County Manager reminded the Board of a Memorial Road Dedication on Sunday, February 4, 2007 at 2:00 p.m. at the East Surry High School. _______________________________________ The County Manager stated that the design development phase for the One Stop Central Permitting/Health Clinic building is 100% complete. _______________________________________ The Board discussed smoke free facilities. The County Attorney stated that the Health and Nutrition Center, through an agreement with the federal government, is supposed to disallow smoking in all of its facilities within 50 feet of the building. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to approve the One Stop Central Permitting/Health and Nutrition Center, Government Center and the Human Services Building being smoke free. The policy will take place in 90 days, on April 16, 2007. _______________________________________ The Board discussed the Tourism Initiative and the development of tourism resources. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to appoint Berti Leonardi to serve on the Appearance Commission representing the Rockford Township. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to

Meeting of January 16, 2007 Continued 8544

appoint Paulette Welborn to serve on the Appearance Commission representing the Long Hill Township. _______________________________________ The County Attorney discussed the Pilot Mountain Middle School Auditorium property demolition and request for deed transfer. The Board discussed the request for revision of the deed from the Board of Education to the County of Surry. The Board also discussed the future use of the property following demolition of the structure. Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to allocate $5,000 to the Surry County Board of Education toward the purpose of removal of asbestos at the old Pilot Mountain Middle School Classroom Building and to assign the contract for remediation to the Surry County Board of Education. _______________________________________

Upon motion of Commissioner Johnson, seconded by Commissioner Hamlin, the Board voted unanimously to go into closed session to discuss personnel and property matters. _______________________________________ The Board came out of closed session and resumed regular business. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Hamlin, the Board voted unanimously to reappoint the Tax Administrator for a four-year term, effective July 1, 2007. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Hamlin, the Board voted unanimously to pay a lump-sum settlement for three workers’ compensation claims for employees with approved permanent partial disability ratings. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to adjourn at 10:30 p.m. _______________________________________ _____________________ Conchita Atkins Clerk to the Board

8545

Surry County Board of Commissioners Meeting of February 5, 2007

The Surry County Board of Commissioners met in regular session at 6:00 p.m. on February 5, 2007. The meeting was held in the County Commissioners’ Meeting Room, Surry County Government Center, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, Commissioner Jim Harrell, Jr. and Commissioner Jimmy Miller. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Conchita Atkins, Clerk to the Board Edwin Woltz, County Attorney

Betty Taylor, Assistant County Manager for Budget and Finance

Sandy Snow, Human Resources Officer Cathy Booker, Tax Administrator Jack Gardin, Water and Sewer Projects Coordinator Wayne Black, Social Services Director News Media Other Citizens ________________________________________ Chairman Craig Hunter called the meeting to order. Commissioner Jim Harrell, Jr. delivered the invocation and led the Pledge of Allegiance. ________________________________________ Chairman Hunter requested the Board to consider the minutes of the January 16, 2007 meeting. Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to approve the minutes. _______________________________________________ Chairman Hunter requested that the Board consider the consent agenda. Upon motion of Commissioner Miller, seconded by Commissioner Harrell, the Board voted unanimously to approve the following consent agenda items: Request from the County Manager:

1. Approve an additional fees and fines schedule for Animal Control. A copy of the schedule is on file in the County Manager’s Office.

Requests from the Assistant County Manager for Budget and Finance:

1. Approve the Sheriff’s Office to retire two canines

and sell them to their handlers for a nominal $1.00 fee.

2. Approve Register of Deeds to purchase a new server. 3. Approve Emergency Services to apply for three

$1,000.00 non-matching grants. The grants are from the following agencies: Wal-Mart Stores (2) and NC Chapter of the American Trauma Society.

4. Approve Management Information Services to purchase a replacement laptop.

Meeting of February 5, 2007 Continued 8546

5. Approve the following resolution regarding Flat Rock/Bannertown water and sewer:

RESOLUTION PROVIDING FOR THE ISSUANCE OF

$2,548,000 FLAT ROCK/BANNERTOWN WATER AND SEWER DISTRICT OF SURRY COUNTY BOND ANTICIPATION NOTES

BE IT RESOLVED by the Board of Commissioners (the “Board”) for the County of Surry, North Carolina (the “County”), acting in its capacity as the governing body of the Flat Rock/Bannertown Water and Sewer District of Surry County (the “District”):

Section 1. The Board has determined and does hereby find, declare and represent:

(a) That, pursuant to The Local Government Bond Act, codified as Article 4 of the North Carolina General Statutes, as amended (the “Act”), an order (the “Bond Order”) authorizing not exceeding $8,140,000 Water and Sewer Bonds of the District (the “Bonds”) was adopted by the Board on July 21, 2003, which order was approved by the vote of a majority of the qualified voters of the District who voted thereon at a referendum duly called and held on October 7, 2003, and that the Bond Order is in full force and effect.

(b) That the Board has determined that it is necessary to issue $2,548,000 of Water and Sewer Bond Anticipation Notes (the “Notes”) of the District at this time in order to finance the cost of certain of the Improvements (as defined in the Bond Order).

(c) That pursuant to Section 162A-90 of the North Carolina General Statutes, as amended, and Section 159-161 of the Act, the District is authorized to issue bond anticipation notes in anticipation of the receipt of the proceeds of the sale of the Bonds, that none of the Bonds has been issued at this time, and the Board desires to provide for the issuance of the Notes in the principal amount of $2,548,000 in anticipation of the receipt of the proceeds of the sale of a like amount of the Bonds.

(d) That upon the public sale of the Notes in the aggregate principal amount of $2,548,000, the net proceeds from the sale of the Notes will be delivered to the District and applied to the payment, or the reimbursement of the District for the prior payment, of a portion of the cost of the Improvements.

(e) That the United States of America has agreed to purchase the Bonds when issued in the aggregate principal amount of $2,548,000 to evidence a loan from the United States of America to the District, all of the proceeds of which loan will be applied to the repayment of the principal amount of the Notes.

(f) That the Local Government Commission of North Carolina has approved the application of the District for approval of the Bonds as required by N.C.G.S. §159-52 and the issuance and public sale of the Bonds.

(g) That the Local Government Commission has approved the issuance and public sale of the Notes under the provisions of Article 9 of Chapter 159 of the General Statutes of North Carolina, as amended, at its meeting on August 5, 2003;

(h) That (i) the District is a municipal corporation with the power to levy property taxes within the District in order to finance the operation and maintenance of the District’s water and sewer system, (ii) the Notes are not

Meeting of February 5, 2007 Continued 8547

private-activity bonds, as defined in the Internal Revenue Code of 1986, as amended (the “Code”), (iii) 95 percent or more of the net proceeds of the Notes are to be used for local governmental activities of the District, (iv) the aggregate face amount of all tax-exempt obligations (other than private activity bonds) issued by the District and all subordinate entities thereof during calendar year 2007 is not reasonably expected to exceed $5,000,000 (taking into account the provisions of Section 148 (f)(4)(D)(v)of the Code).

Section 2. In anticipation of the receipt of the proceeds of the sale of a like amount of the Bonds, the issuance and sale, pursuant to the Act and Article 9 of Chapter 159 of the General Statutes of North Carolina, as amended, of $2,548,000 general obligation bond anticipation notes of the District is hereby authorized, which note shall be designated “Water and Sewer Bond Anticipation Notes”, shall be dated February 13, 2007, shall mature on September 26, 2007, without option of prior payment, and shall bear interest at a rate to be determined by the Local Government Commission at the time the Notes are sold, which interest shall be payable at the maturity of the Notes and shall be calculated on the basis of a 360-day year consisting of twelve 30-day months. No interest coupons shall be attached to the Note.

The principal of and the interest on the Notes shall be payable in any coin or currency of the United States of America which is legal tender for the payment of public and private debts on the respective dates of payment thereof.

The Notes shall be issued by means of a book-entry system with no physical distribution of Note certificates to be made except as hereinafter provided. One Note certificate in the aggregate principal amount of the Notes stated to mature on September 26, 2007 and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”), shall be issued and deposited with DTC and immobilized in its custody. The book-entry system will evidence ownership of the Notes in the principal amount of $100,000 and integral multiples of $1,000 in excess of $100,000, with transfers of ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants. The principal of and interest on the Notes shall be payable to Cede & Co. or any other person appearing on the registration books of the District hereinafter provided for as the registered owner of the Notes or his registered assigns or legal representative at such office of the Note Registrar hereinafter mentioned or such other place as the District may determine upon the presentation and surrender thereof as the same shall become due and payable; provided, however, that for so long as the Notes are deposited with DTC, the payment of the principal of and interest on the Notes shall be made to DTC in same-day funds by 2:30 p.m. or otherwise as determined by the rules and procedures established by DTC. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC, and transfer of principal and interest payments to beneficial owners of the Notes by participants of DTC will be the responsibility of such participants and other nominees of such beneficial owners. The District will not be responsible or liable for such transfers of payments or for maintaining, supervising or

Meeting of February 5, 2007 Continued 8548

reviewing records maintained by DTC, its participants or persons acting through such participants.

In the event that (a) DTC determines not to continue to act as securities depository for the Notes or (b) the Chairman of the Board determines that continuation of the book-entry system of evidence and transfer of ownership of the Notes would adversely affect the interests of the beneficial owners of the Notes, the District will discontinue the book-entry system with DTC. If the District identifies another qualified securities depository to replace DTC, the District will make arrangements with DTC and such other depository to effect such replacement and deliver replacement Notes registered in the name of such other depository or its nominee in exchange for the outstanding Notes, and the references to DTC or Cede & Co. in this resolution shall thereupon be deemed to mean such other depository or its nominee. If the District fails to identify another qualified securities depository to replace DTC, the District will deliver replacement Notes in the form of fully-registered certificates in denominations of $100,000 and integral multiples of $1,000 in excess of $100,000 (“Certificated Notes”) in exchange for the outstanding Notes as required by DTC and others. Upon the request of DTC, the District may also deliver one or more Certificated Notes to any participant of DTC in exchange for Notes credited to its account with DTC.

Unless indicated otherwise, the provisions of this resolution that follow shall apply to all Notes issued or issuable hereunder, whether initially or in replacement thereof.

Section 3. The Notes shall bear the manual or facsimile signatures of the Chairman or Vice Chairman of the Board and the Clerk or the Assistant Clerk to the Board and the corporate seal or a facsimile of the official seal of the District shall be impressed or imprinted, as the case may be, on the Notes.

The certificate of the Local Government Commission of North Carolina to be endorsed on all Notes shall bear the manual or facsimile signature of the Secretary of said Commission and the certificate of authentication of the Note Registrar to be endorsed on all Notes shall be executed as provided hereinafter.

In case any officer of the Board or the Local Government Commission of North Carolina whose manual or facsimile signature shall appear on any Notes shall cease to be such officer before the delivery of such Notes, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery, and any Note may bear the manual or facsimile signatures of such persons as at the actual time of the execution of such Note shall be the proper officers to sign such Note although at the date of such Note such persons may not have been such officers.

No Note shall be valid or become obligatory for any purpose or be entitled to any benefit or security under this resolution until it shall have been authenticated by the execution by the Note Registrar of the certificate of authentication endorsed thereon.

Meeting of February 5, 2007 Continued 8549

The Notes to be registered in the name of Cede & Co. and the endorsements thereon shall be in substantially the following form:

CUSIP

No. R-1 $2,548,000

United States of America State of North Carolina

County of Surry

FLAT ROCK/BANNERTOWN WATER AND SEWER DISTRICT OF SURRY COUNTY

WATER AND SEWER BOND ANTICIPATION NOTE

The Flat Rock/Bannertown Water and Sewer District of Surry County (the “District”), a municipal corporation duly organized and validly existing in the County of Surry, North Carolina, is justly indebted and for value received hereby promises to pay to CEDE & CO. or registered assigns or legal representative, on the 26th day of September, 2007, the principal sum of

TWO MILLION FIVE HUNDRED FORTY-EIGHT THOUSAND DOLLARS and to pay interest thereon from the date hereof, calculated on the basis of a 360-day year consisting of twelve 30-day months, solely from such sources, at the rate of __________ and _________ hundredths per centum (______%) per annum, payable upon the presentation and surrender of this Note at its maturity; provided, however, that for so long as the Notes (hereinafter defined) are deposited with The Depository Trust Company, New York, New York (“DTC”), the payment of the principal of and interest on the Notes shall be made to DTC in same day funds by 2:30 p.m. or otherwise as determined by the rules and procedures established by DTC. Both the principal of and the interest on this Note shall be paid in any coin or currency of the United States of America that is legal tender for the payment of public and private debts on the respective dates of payment thereof. For the prompt payment hereof, both principal and interest as the same shall become due, the faith and credit of the District are hereby irrevocably pledged. This Note is one of an issue of notes designated “Water and Sewer Bond Anticipation Note” (the “Notes”) and is given for money borrowed in the amount of the face of this Note in anticipation of the receipt of the proceeds of the sale of a like amount of Water and Sewer Bonds, duly authorized by an order adopted by the Board of Commissioners for the County of Surry, North Carolina, acting in its capacity as the governing body of the District (the “Board”), on July 21, 2003 (the “Bond Order”), which order was approved by the vote of a majority of the qualified voters of the District who voted thereon at a referendum duly called and held on October 7, 2003, and this Note is issued pursuant to and in full compliance with The Local Government Bond Act, as amended, Article 9, as amended, of the General Statutes of North Carolina, and a resolution adopted by the Board on February 5, 2007 (the “Note Resolution”). The Notes shall be issued by means of a book-entry system with no physical distribution of note certificates to be made except as provided in the Note Resolution. One

Meeting of February 5, 2007 Continued 8550

Note certificate in the aggregate principal amount of the Notes stated to mature on such date and registered in the name of Cede & Co., as nominee of DTC, is being issued and deposited with DTC and immobilized in its custody. The book-entry system will evidence ownership of the Notes in the principal amount of $100,000 and integral multiples of $1,000 in excess of $100,000, with transfers of ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants. Transfer of principal and interest payments to participants of DTC shall be the responsibility of DTC, and transfer of principal and interest payments to beneficial owners of the Notes by participants of DTC shall be the responsibility of such participants and other nominees of such beneficial owners. The District shall not be responsible or liable for such transfers of payments or for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. In certain events, the District will be authorized to deliver replacement Notes in the form of fully-registered certificates in the denomination of $100,000 and integral multiples of $1,000 in excess of $100,000 in exchange for the outstanding Notes as provided in the Note Resolution. At the office of the Note Registrar, in the manner and subject to the conditions provided in the Note Resolution, Notes may be exchanged for an equal aggregate principal amount of Notes of the same maturity, of authorized denominations and bearing interest at the same rate. The Note Registrar shall keep at his or her office the books of the District for the registration of transfer of the Notes. The transfer of this Note may be registered only upon such books and as otherwise provided in the Note Resolution upon the surrender hereof to the Note Register together with an assignment duly executed by the registered owner hereof or his attorney or legal representative in such form as shall be satisfactory to the Note Registrar. Upon any such registration of transfer, the Note Registrar shall deliver in exchange for this Note a new Note or Notes, registered in the name of the transferee, of authorized denominations, in an aggregate principal amount equal to the unredeemed principal amount of this Note, of the same maturity and bearing interest at the same rate.

This Note is not subject to redemption prior to maturity.

It is hereby certified and recited that all acts, conditions and things required by the Constitution and laws of North Carolina to happen, exist and be performed precedent to and in the issuance of this Note have happened, exist and have been performed in regular and due form and time as so required and that the total indebtedness of the District, including this Note, does not exceed any constitutional or statutory limitation thereon.

This Note shall not be valid or become obligatory for any purpose or be entitled to any benefit or security under the Note Resolution until this Note shall have been authenticated by the execution by the Note Registrar of the certificate of authentication endorsed hereon.

IN WITNESS WHEREOF, the District, pursuant to a resolution of the Board, has caused this Note to be signed by its Chairman or Vice Chairman and the Clerk or Assistant Clerk to the Board and the official seal of the District to

Meeting of February 5, 2007 Continued 8551

be impressed hereon, all as of the 13th day of February, 2007.

Chairman

[SEAL]

Clerk

[To be endorsed upon reverse of Note]

CERTIFICATE OF LOCAL GOVERNMENT COMMISSION

The issuance of the within Note has been approved under the provisions of The Local Government Bond Act.

T. VANCE HOLLOMAN Secretary, Local Government Commission

By: Designated Assistant

CERTIFICATE OF AUTHENTICATION

This Note is issued under the provisions of the within mentioned Bond Order and Note Resolution.

By: Note Registrar

Date of authentication: February 13, 2007

ASSIGNMENT

FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within Note and all rights thereunder, and hereby irrevocably constitutes and appoints ____________________, attorney, to register the transfer of said Note on the books kept for registration thereof, with full power of substitution in the premises.

Dated:___________________

In the presence of:

______________________________________

_____________________________________

NOTICE: Signature must be guaranteed by an institution which is a participant in the Securities Transfer Agent Medallion Program (STAMP) or similar program.

The signature to this assignment must correspond with the name as it appears upon the face of the within note in every particular, without alteration or enlargement or any change whatever.

Meeting of February 5, 2007 Continued 8552

Section 4. Notes, upon surrender thereof at the office of the Note Registrar together with an assignment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the Note Registrar, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of Notes of the same maturity, of any denomination or denominations authorized by this resolution and bearing interest at the same rate.

The transfer of any Note may be registered only upon the registration books of the District upon the surrender thereof to the Note Registrar together with an assignment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the Note Registrar. Upon any such registration of transfer, the Note Registrar shall authenticate and deliver in exchange for such Note a new Note or Notes, registered in the name of the transferee, of any denomination or denominations authorized by this resolution, in an aggregate principal amount equal to the unredeemed principal amount of such Note so surrendered, of the same maturity and bearing interest at the same rate.

In all cases in which Notes shall be exchanged or the transfer of Notes shall be registered hereunder, the Note Registrar shall authenticate and deliver at the earliest practicable time Notes in accordance with the provisions of this resolution. All Notes surrendered in any such exchange or registration of transfer shall forthwith be canceled by the Note Registrar. The District or the Note Registrar may make a charge for shipping and out-of-pocket costs for every such exchange or registration of transfer of Notes sufficient to reimburse it for any tax or other governmental charge required to be paid with respect to such exchange or registration of transfer, but no other charge shall be made by the District or the Note Registrar for exchanging or registering the transfer of Notes under this resolution.

As to any Note, the person in whose name the same shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Note and the interest on any such Note shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note, and interest thereon, to the extent of the sum or sums so paid.

The District shall appoint such registrars, transfer agents, depositaries or other agents as may be necessary for the registration, registration of transfer and exchange of Notes within a reasonable time according to then current commercial standards and for the timely payment of principal and interest with respect to the Notes. The Finance Officer of the County of Surry, North Carolina, or any person at any time acting in such capacity, is hereby appointed the registrar, transfer agent and paying agent for the Notes (collectively the “Note Registrar”), subject to the right of the Board to appoint another Note Registrar, and as such shall keep at his or her office, the books of the District for the registration, registration of

Meeting of February 5, 2007 Continued 8553

transfer, exchange and payment of the Notes as provided in this resolution.

Section 5. The District covenants that, to the extent permitted by the Constitution and laws of the State of North Carolina, it will comply with the requirements of the Internal Revenue Code of 1986, as amended or as may be amended from time to time, and any Treasury regulations now or hereafter promulgated thereunder, to the extent necessary so that interest on the Notes will not be included in the gross income of the owners of the Notes for purposes of federal income tax.

Section 6. The actions of the officers of the District in applying to the Local Government Commission to approve, advertise and sell the Notes and the Local Government Commission in asking for bids for said Notes by printing and distributing circulars relating to the sale of said Notes are hereby authorized, approved, ratified and confirmed.

Section 7. The District hereby represents that it reasonably expects that it, all subordinate entities thereof and all issuers issuing obligations on behalf of the District will not issue in the aggregate more than $10,000,000 of tax-exempt obligations (not counting private-activity bonds except for qualified 501(c)(3) bonds as defined in the Code) during calendar year 2007. In addition, the District hereby designates the Notes as “qualified tax-exempt obligations” for the purposes of Section 265(b)(3) of the Code.

Section 8. The Offering Information and Blank Proposal prepared in connection with the public sale of the Notes, substantially in the form presented to the Board, is hereby approved and accepted for use in connection with the offering and sale of the Notes with only such material changes as may be approved by the Chairman or Vice Chairman of the Board.

Section 9. The distribution of the Offering Information and Blank Proposal by the Local Government Commission of North Carolina to prospective bidders on the Notes is hereby authorized, ratified, confirmed and approved.

Section 10. The publication of any notice of sale or other advertisement or notice to the public in connection with the issuance, sale and delivery of the Notes is hereby authorized, ratified, confirmed and approved.

Section 11. This resolution shall take effect upon its passage.

6. Approve budget change no. 12 as follows: The Board of County Commissioners approved an amendment to the FY2006-2007 Budget Ordinance at their meeting on February 5, 2007.

ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT GENERAL FUND EXPENDITURES Governing Body 1054110 51350 Group Insurance 21,108 (600) 20,508 Decrease departmental

total. 532,741 (600) 532,141

Meeting of February 5, 2007 Continued 8554

Administration 1054120 51350 Group Insurance 8,496 600 9,096 Increase departmental

total. 191,181 600 191,781

County Attorney

1054150 51350 Group Insurance 6,900 2,100 9,000 Increase departmental

total. 70,600 2,100 72,700

Board of Elections 1054170 51360 Unemployment Insurance 0 1,449 1,449 Increase departmental total. 336,309 1,449 337,758 Register of Deeds 1054180 51350 Group Insurance 23,400 21,766 45,166 Increase departmental total. 474,248 21,766 496,014 Non-Departmental 1054199 51350 Group Insurance 195,000 (45,279) 149,721 1054199 59700 Reserve for St. Unemployment 14,000 (1,449) 12,551 Decrease departmental total. 574,665 (46,728) 527,937 Management Information Services 1054210 51350 Group Insurance 10,760 7,410 18,170 Increase departmental total. 381,663 7,410 389,073 Inspections 1054350 51350 Group Insurance 30,512 14,003 44,515 Increase departmental total. 560,066 14,003 574,069 Emergency Management 1054330 51350 Group Insurance 2,200 2,500 4,700 Increase departmental total. 85,716 2,500 88,216 Emergency Services 1054370 51040 Salary Reserve 59,698 (2,500) 57,198 Decrease departmental total. 4,027,714 (2,500) 4,025,214 The above action does not change fund

totals.

7. Approve the transfer of 34 computers, 18 monitors,

and other Dell accessories to Surry County Schools. Requests from the Human Resources Officer:

1. Approve the following retiree resolutions of respect:

RESOLUTION

WHEREAS, Brenda Miller Rose began working for the Surry Center of North Carolina Cooperative Extension on January 26, 1976; and WHEREAS, during her term of service, Brenda held the position of Assistant, Associate, and Extension Agent, Home Economics, and County Extension Director, the position she held upon her retirement on January 31, 2007; and WHEREAS, Brenda is well respected by her peers and has been recognized with Outstanding Agent and State and National Distinguished Service Awards, the Charles M. Brickhouse Award for Career Development, the North Carolina Foundation Search for Excellence Award, and has mentored a number of new agents; and WHEREAS, Brenda has worked diligently with volunteer leaders, the Surry County Extension Advisory Council and

Meeting of February 5, 2007 Continued 8555

the Cooperative Extension Staff to develop leadership skills and a spirit of citizenship and community involvement, and she has led by example; and WHEREAS, Brenda has been actively involved in a number of agency, county, district, and state initiatives to improve quality of life for the citizens of Surry County; and WHEREAS, Brenda was instrumental in the development of and has acted as facilitator to the now recognized programs of The Surry County Natural Resources Committee and the Mitchell River Coalition and has been the editor of “On the Mitchell,” a bi-annual publication; and WHEREAS, Brenda has led efforts to expand the entire Extension outreach resulting in programming in Aquaculture, Industrial Extension, Water Quality, Recycling, Tourism, Food Safety, Cancer Prevention, Expanded Nutrition Education, and Infant Breast-Feeding; and NOW THEREFORE, BE IT RESOLVED that the Board publicly commends Brenda Miller Rose for her commitment to the citizens of Surry County and wishes to express its appreciation and thanks for her thirty-one years of dedicated service; and BE IT FURTHER RESOLVED that the Board extends to Brenda Miller Rose its best wishes for many years of happiness during her retirement.

RESOLUTION

WHEREAS, Stephen Michael Halasz, III faithfully served the citizens of Surry County from March 23, 1982 until his retirement on October 31, 2006 as an employee of the Sheriff’s Office; and WHEREAS, during his years of service, Stephen Michael Halasz, III held the positions of Deputy Sheriff, Detective and, Lieutenant; and

WHEREAS, during his years of faithful service, Stephen Michael Halasz, III has earned the admiration and respect of his fellow employees, friends, colleagues, and the citizens he has served as his bravery and dedication have brought honor to himself and his County; and NOW, THEREFORE, BE IT RESOLVED that the Surry County Board of Commissioners wishes to publicly commend Stephen Michael Halasz, III for his faithful service to the citizens of Surry County and wishes to express its appreciation for his many years of dedicated employment; and

BE IT FURTHER RESOLVED that the Board extends to Stephen Michael Halasz, III its best wishes for many years of happiness during his retirement.

Meeting of February 5, 2007 Continued 8556

RESOLUTION

WHEREAS, Sandra Kay Elliott faithfully served the citizens of Surry County from January 10, 2000 until her retirement on August 31, 2006 as an employee of the Sheriff’s Office; and WHEREAS, during her years of service, Sandra Kay Elliott held the positions of Detention Officer I, Detention Officer II, and Jail Cook; and

WHEREAS, during her years of faithful service, Sandra Kay Elliott has earned the admiration and respect of her fellow employees, friends, colleagues, and the citizens she has served as her bravery and dedication have brought honor to herself and her County; and NOW, THEREFORE, BE IT RESOLVED that the Surry County Board of Commissioners wishes to publicly commend Sandra Kay Elliott for her faithful service to the citizens of Surry County and wishes to express its appreciation for her many years of dedicated employment; and

BE IT FURTHER RESOLVED that the Board extends to Sandra Kay Elliott its best wishes for many years of happiness during her retirement.

RESOLUTION

WHEREAS, Leroy David Bowman faithfully served the citizens of Surry County from January 13, 1992 until his retirement on November 30, 2006 as an employee of the Sheriff’s Office; and WHEREAS, during his years of service, Leroy David Bowman held the positions of Detention Officer I and Detention Officer II; and

WHEREAS, during his years of faithful service, Leroy David Bowman has earned the admiration and respect of his fellow employees, friends, colleagues, and the citizens he has served as his bravery and dedication have brought honor to himself and his County; and NOW, THEREFORE, BE IT RESOLVED that the Surry County Board of Commissioners wishes to publicly commend Leroy David Bowman for his faithful service to the citizens of Surry County and wishes to express its appreciation for his many years of dedicated employment; and

BE IT FURTHER RESOLVED that the Board extends to Leroy David Bowman its best wishes for many years of happiness during his retirement.

2. Approve Terry Garwood to serve as Interim Director of County Extension, effective February 1. 2007.

3. Approve leave without pay for a Social Services employee from December 14, 2006 through April 30, 2007.

4. Approve leave without pay for a Health and Nutrition Center employee from February 1, 2007 through February 6, 2007.

________________________________________

Meeting of February 5, 2007 Continued 8557

Chairman Hunter then declared the meeting to be an open forum and invited members of the audience to address the Board on any matters of civic concern. Rick Marshall addressed his concerns regarding the request from the City of Mount Airy for the County to help with funding for the proposed Welcome Center in Mount Airy. Mr. Marshall stated that there is a need for schools funding. Mr. Marshall would like for the County to apply all such efforts toward school projects and toward bringing jobs to Surry County. Commissioner Johnson stated that Commissioner Harrell, Commissioner Hamlin and he had attended a road dedication in Pilot Mountain named after two fallen police officers. There being no additional comments, Chairman Hunter closed the open forum, and the Board resumed regular business. ______________________________________ Chairman Hunter declared a public hearing on the North Carolina Department of Transportation Secondary Road Construction Program for FY 2005-2006 and 2006-2007. Charles Reinhart, Division Maintenance Engineer, introduced various North Carolina Department of Transportation employees and asked Chris Absher, Assistant District Engineer, to present the secondary road program.

Chris Absher, Assistant District Engineer, introduced the proposed road improvements in behalf of the Department of Transportation and described how the program is developed. Mr. Absher also discussed paving priorities and priority numbers. Citizens were invited to comment or ask questions about the program. Five individuals spoke regarding the Secondary Road Program. Chairman Hunter then declared the public hearing closed. Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to approve the following Secondary Road Construction Program: WHEREAS, the North Carolina Department of Transportation has made funds available for improvements to the secondary roads in Surry County; and WHEREAS, the North Carolina Department of Transportation has proposed the following road improvements during FY 2005-2006 and 2006-2007:

North Carolina Department of Transportation Secondary Roads Construction Program

Meeting of February 5, 2007 Continued 8558

Surry County

FY 2005-2006 Allocation FY 2006-2007 Anticipated Allocation Highway Fund $1,371,245.95 Highway Fund $1,767,627.03 Trust Fund $ 861,588.80 Trust Fund $1,788,379.70 Total $2,232,834.75 Total $3,556,006.73 Two Year Total $5,788,841.48 I. Paving Unpaved Roads Programmed Paving Goals 11.35 Miles A. Rural Paving Priority Priority Number

SR No Length (Miles)

Road Name and Description Est. Cost

18 1812A 0.60 Hills Corner Road Supplemental Funding

$5,000.00

17S 1816 0.60 Jim Hill Road Supplemental Funding

$10,000.00

19S 2105 0.40 Nichols Road Supplemental Funding

$10,000.00

23S 1616 0.50 Lowe Road Supplemental Funding

$30,000.00

27S 1117 0.20 Industrial Road Supplemental Funding

$5,000.00

27 1329 2.00 White Rock Road Supplemental Funding

$500,000.00

1F 1209 0.90 Conrad Shumate Road (11C.086084/93960) From SR 1111 to End of Maintenance

$250,000.00

2F 2200B 0.60 Joe Hill Road (11C.086085/93961) From SR 2227 to NC 268 $200,000.00

3F 1217 0.55 Blacksmith Trail (11C.086086/93962) From SR 1111 to Dead End

$200,000.00

4F 1116 0.70 Walker Road (11C.086087/93963) From SR 1115 to Dead End

$225,000.00

5F 1804 2.2 Bryan Road (11C.086088/93965) From SR 1808 to NC 89

$400,000.00

6F 2058 0.70 Sam Dezern Road (11C.086089/93967) From End of Pavement to Dead End

$250,000.00

7F 1318 1.40 Calloway Road (11C.086090/93968) From SR 1301 to SR 1315

$350,000.00

8F 1301A 1.70 Noah Hayes Road (11C086.091/93977) From SR 1302 to SR 1001

$400,000.00

9F 2101 1.00 Romey Brown Road (11C.086092/93978) From SR 2088 to SR 2038

$275,000.00

10F 1417 0.50 Laster Road (11C.086093/93979) From SR 1001 to Dead End

$160,000.00

11 1403 0.90 Neal Road (11C.086094/93980) From SR 1345 to Dead End

$280,000.00

12 2022 1.00 Community Road (11C.086095/94003) From SR 1001 to Dead End

$300,000.00

Total Miles 11.35 Subtotal $3,850,000.00

*Rural Paving Alternates Priority Number

SR No. Length (Miles)

Road Name and Description Est. Cost

13 1649A 0.40 Clyde Haynes Road (11C.086096/94001) From 1602 to End of Pavement

$120,000.00

14 1546 0.90 Windy Ridge Lane (11C.086097/94002) From 1335 to Dead End

$270,000.00

*In the event that any roads in the priority have to be placed on the “Hold List” due to unavailable right of way or environmental review, or if additional funding becomes available, funds will be applied to the road(s) listed in priority order in the paving alternate list. II. General Secondary Road Improvements A. Unpaved Road Spot Improvements SR1108 SR1113 SR1119 SR1120 SR1126 SR1128 SR1133 SR1137 SR1140 SR1170 SR1184 SR1188 SR1197 SR1199 SR1302 SR1308 SR1313 SR1317 SR1318 SR1319 SR1320 SR1324 SR1330 SR1333 SR1336 SR1345 SR1348 SR1349 SR1351 SR1401 SR1403 SR1417 SR1418 SR1428 SR1434 SR1441 SR1449 SR1465 SR1473 SR1474 SR1479 SR1481 SR1606 SR1610 SR1663 SR1801 SR1804 SR1805 SR1817 SR1833 SR1836 SR1840 SR1850 SR1881 SR2011 SR2013 SR2022 SR2032 SR2039 SR2045 SR2046 SR2054 SR2056 SR2058 SR2062 SR2068 SR2069 SR2071 SR2078 SR2084 SR2086 SR2091 SR2093 SR2101 SR2120 SR2232 SR2235 SR2237 SR2247 SR2267

Meeting of February 5, 2007 Continued 8559

Subtotal $445,555.06 B. Paved and Unpaved Road Improvements

SR No. Project Description Est. Cost

1544 McKinney Road – Widening Existing Pavement From 16 ft to 20 ft – From SR 2082 to 0.94 miles South

$250,000.00

Access to Industry

Extend Piedmont Drive in Mount Airy Industrial Park $150,000.00

2029 Little Mountain Church Road Re-Alignment and Resurfacing (11C.086083/93926) From SR 1003 to SR 2026

$300,000.00

1407 Ladonia Church Road Widening Existing Pavement From 16 ft to 20 ft and Minor Re-Alignment From NC 89 to SR 1338 (11C.086098/94012)

$450,000.00

Various Maintenance functions on various roads as needed. Functions may include spot stabilization, paved road improvements, replacement of small bridges with pipe, safety projects, etc.

$180,000.00

Subtotal $1,330,000.00

III. Funds reserved for surveying, right of way acquisition, road additions, contingencies, overdrafts, and paving entrances to certified fire departments, rescue squads, etc.

Subtotal $308,841.48

GRANDTOTAL $5,788,841.48 NOTES: PROGRAM SUBJECT TO AVAILABILITY OF FUNDING, RIGHT OF WAY AND ENVIRONMENTAL REVIEW PROPOSED FUNDING ALLOCATIONS ARE ONLY PROJECTIONS. SHOULD THE ACTUAL ALLOCATIONS BE GREATER, NCDOT WILL CONTINUE DOWN THE PRIORITY LIST TO FUND ADDITIONAL SECONDARY ROAD PROJECTS. WHEN SECONDARY ROADS CANNOT BE PAVED DUE TO THE INABILITY TO OBTAIN RIGHT OF WAY, NCDOT WILL CONTINUE DOWN THE PRIORITY LIST TO FUND ADDITIONAL SECONDARY ROAD PROJECTS.

________________________________________ Robin Testerman, Child Protection Team Chairman,

updated the Board on the Child Protection Team. Ms. Testerman stated that there were 941 domestic violence calls made to Surry County Communications in 2006. Ms. Testerman discussed substance abuse services, chronic neglect, community awareness, faith based initiative, mental health service and child deaths. Ms. Testerman stated there is a need for a telephone resource line such as “211” to allow residents access to services for children and families. Ms. Testerman stated that the Child Protection Team would like to see the Board of Commissioners place child well-being at the top of the priority list. _______________________________________ Cathy Booker, Tax Administrator, presented the Board with an annual report on 06-07 unpaid property taxes. Ms. Booker requested permission to advertise the unpaid property taxes in the newspaper. Upon motion of Commissioner Miller, seconded by Commissioner Harrell, the Board voted unanimously to allow the Tax Administrator to advertise amount in unpaid 06-07 property taxes. _______________________________________

Chairman Hunter informed the audience that it was time for the special recognition portion of the agenda. The following individuals were recognized:

Meeting of February 5, 2007 Continued 8560

Brenda M. Rose for her many years of faithful service to the County Extension Office.

Stephen M. Halasz, III for his many years of faithful

service to the County Sheriff’s Office.

Sandra K. Elliott for her many years of faithful service to the County Sheriff’s Office.

Leroy D. Bowman for his many years of faithful service

to the County Sheriff’s Office and local law enforcement. _______________________________________ The Board took a ten-minute recess. _______________________________________ The Board resumed regular business. _______________________________________ Jack Gardin, Water and Sewer Projects Coordinator, discussed the annexation of the Mount Airy Meat Center in the Flat Rock/Bannertown Water and Sewer District. The Mount Airy Meat Center asked if the County would pay for the extension. The estimated cost would be $58,640. The Board discussed the request. It was the consensus of the Board for the Water and Sewer Projects Coordinator to meet with the Mount Airy Meat Center to obtain employment information, possible funding participation and bring back to the Board in the future. _______________________________________ Wayne Black, Social Services Director, addressed the Board on staffing in the Social Services Department. Mr. Black requested to reclassify a vacant Income Maintenance Supervisor III position (#538001) and a vacant Income Maintenance Investigator II (#538036) to an Income Maintenance Caseworker II, Grade 63, contingent upon final approval from State Personnel. The positions are needed to assist in the Food Stamp Unit. Mr. Black also requested to eliminate three frozen positions: Computer Technician (#531207), Community Social Services Assistant (#531303) and a Social Worker III (#531313). Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve the reclassification of the positions, contingent upon approval from State Personnel and to eliminate the three positions, as requested. _______________________________________ The County Manager addressed the One Stop Permitting and Health Clinics Center. Mr. Sammons stated that the design development plan is complete. Mr. Sammons also stated the center will be advertised for bid on March 25, 2007 and the bids will be opened on April 26, 2007. Construction is set to begin in June, 2007, with completion in May, 2008. _______________________________________ The County Manager addressed a request from the Criminal Justice Department Director to appoint

Meeting of February 5, 2007 Continued 8561

Commissioner Bill Hamlin to serve on the Surry County Criminal Justice Partnership Advisory Board. Upon motion of Commissioner Miller, seconded by Commissioner Johnson, the Board voted unanimously to appoint Bill Hamlin to serve on the Surry County Criminal Justice Partnership Advisory Board. _______________________________________ The County Manager updated the Board on the Piedmont Authority for Regional Transportation (PART). Mr. Sammons stated that Yadkin County will join PART soon and Randolph and Davidson Counties may be considering a rental vehicle tax in the near future in order to support local bus services similar to the Surry Express. _______________________________________ The County Manager reminded the Board that Ottenweller will be hosting a tour of the facility on Monday, February 12, 2007 from 4:00 to 6:00 p.m. _______________________________________ The County Manager had received an invitation to serve as an Ex-Officio member of the Mount Airy Chamber of Commerce. Mr. Sammons stated that he was willing to serve. _______________________________________ The County Manager reminded the Board of the Local Elected Officials Dinner at Cedarbrook on Tuesday, February 6, 2007 at 6:30 p.m. The guest speaker will be Lyndo Tippett, Secretary of Transportation. _______________________________________ Upon motion of Commissioner Miller, seconded by Commissioner Harrell, the Board voted unanimously to appoint Trey Leonard to the Recreation Advisory Committee. _______________________________________ The Board of Commissioners discussed the Surry County/Mount Airy Airport funding. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to make the Historic Courthouse smoke-free due to the age of the structure and lack of ventilation. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to go into closed session to discuss personnel and property matters. _______________________________________ The Board came out of closed session and resumed regular business. _______________________________________ The Board discussed partnering with the City of Mount Airy and funding a Welcome Center. It was the consensus of the Board not to participate in the funding of the Welcome Center.

Meeting of February 5, 2007 Continued 8562

_______________________________________ Upon motion of Commissioner Johnson, seconded by Chairman Hunter, the Board voted unanimously to instruct the County Attorney to proceed with condemnation of the Terrell Farm located at 298 Terrell Lane, Mount Airy. The Board determined that a fair valuation for the property was $653,000 and authorized the County Attorney to send notice of content to use eminent domain to acquire the property as soon a possible, in part as a result of the fact that efforts to acquire the property through negotiations over a period of ten years have proven fruitless. The property is needed for expansion of the County landfill. _______________________________________ The Board discussed potential construction of a water tank on C.C. Camp Road in Elkin. _______________________________________ Upon motion of Commissioner Miller, seconded by Commissioner Harrell, the Board voted unanimously to: Amend the Personnel Ordinance adopted on November 3, 2003 by making the following change to Appendix A, Position Classification Plan, effective February 1, 2007: Add Building Codes Inspector II/Code Enforcement Officer. Change position #435001, in the Inspection Department, from a Building Codes Inspector II to a Building Codes Inspector II/Code Enforcement Officer. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to pay a lump-sum settlement for a workers’ compensation claim due to a permanent partial disability rating. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to approve the following personnel change, effective February 1, 2007:

! Move employee in position # 412201 to grade 73/11. ! Move employee in position # 742001 to grade 76/16. ! Move employee in position # 491001 to grade 76/10.

________________________________________ The Board discussed negotiation on the Exit 93 Water and Sewer Project and joint expansion of water and sewer with the Town of Dobson.

_______________________________________ The Board discussed property adjoining the Judicial Center. It was the consensus of the Board to authorize the County Attorney to make an offer of $267,550 on tax parcel 4996-06-49-5068. _______________________________________ There was no further business to come before the Board. _______________________________________

Meeting of February 5, 2007 Continued 8563

Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to adjourn at 10:35 p.m. _______________________________________ _____________________ Conchita Atkins Clerk to the Board

8564

Surry County Board of Commissioners Meeting of February 19, 2007

The Surry County Board of Commissioners met in regular session at 6:00 p.m. on February 19, 2007. The meeting was held in the County Commissioners’ Meeting Room, Surry County Government Center, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, Commissioner Jim Harrell, Jr. and Commissioner Jimmy Miller. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Conchita Atkins, Clerk to the Board Edwin Woltz, County Attorney

Betty Taylor, Assistant County Manager for Budget and Finance Sandy Snow, Human Resources Officer Carolyn Comer, Register of Deeds Jack Gardin, Water and Sewer Projects Coordinator David Stone, Health and Nutrition Center Director News Media Other Citizens ________________________________________ Vice-Chairman Paul Johnson called the meeting to order. Chairman Craig Hunter entered the meeting and Commissioner Paul Johnson delivered the invocation and led the Pledge of Allegiance. ________________________________________ Chairman Hunter welcomed Boy Scout Troop 556 from Calvary Baptist Church. Tim Watson, Scoutmaster, stated the troop is working toward a Citizenship badge. _______________________________________ Chairman Hunter requested the Board to consider the minutes of the February 5, 2007 meeting. Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to approve the minutes. _______________________________________________ Chairman Hunter requested that the Board consider the consent agenda. Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to approve the following consent agenda items: Requests by the County Manager:

1. Approve the following from the Tax Department: Total releases for the month ending 1-31-07 in the amount of

$8,454.55. Total refunds for the month ending 1-31-07 in the amount of

$15,152.33. Total real and personal property discoveries in the month

ending 1-31-07 in the amount of $4,339.74. Total motor vehicle discoveries for the month ending 1-31-07

in the amount of $978.29. Collect November 2006 motor vehicle renewals in the amount of

$310,109.92. 2. Approve the appointment of Denise Ward, Kathy Payne, and

Debbie Vernon Smith to the Child Fatality Prevention Team. 3. Approve Johnny Hiatt Hauling and Grading to provide labor

and equipment fees in the amount of $1,500 to develop and

Meeting of February 19, 2007 Continued 8565

construct the first loop of the Adopt-A-Trail Grant. In return for his donation, a sign will be erected and the loop will be named in memory of Mr. Hiatt’s father.

4. Approve the following resolutions requesting addition to the State Maintained Secondary Road System:

N. C. DEPARTMENT OF TRANSPORTATION

REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM

NORTH CAROLINA COUNTY OF SURRY Road Name: Cedar Ridge Court Cedar Ridge Subdivision Section 6 WHEREAS, the attached petition has been filed with the Surry County Board of Commissioners, requesting that the above named road be added to the Secondary Road System; and WHEREAS, the Board is of the opinion that the above described road should be added to the Secondary Road System, if the road meets minimum standards and criteria established by the Highway Division of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, BE IT RESOLVED by the Surry County Board of Commissioners that the Highway Division is hereby requested to review the above-described road, and to take over the road for maintenance if it meets established standards and criteria.

N. C. DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED

SECONDARY ROAD SYSTEM NORTH CAROLINA COUNTY OF SURRY Road Name: Cedar Ridge Road Extension Cedar Ridge Subdivision Section 4 WHEREAS, the attached petition has been filed with the Surry County Board of Commissioners, requesting that the above named road be added to the Secondary Road System; and WHEREAS, the Board is of the opinion that the above described road should be added to the Secondary Road System, if the road meets minimum standards and criteria established by the Highway Division of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, BE IT RESOLVED by the Surry County Board of Commissioners that the Highway Division is hereby requested to review the above-described road, and to take over the road for maintenance if it meets established standards and criteria.

N. C. DEPARTMENT OF TRANSPORTATION

REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM

NORTH CAROLINA COUNTY OF SURRY

Meeting of February 19, 2007 Continued 8566

Road Name: Cedar Point Drive Cedar Ridge Subdivision Section 4 WHEREAS, the attached petition has been filed with the Surry County Board of Commissioners, requesting that the above named road be added to the Secondary Road System; and WHEREAS, the Board is of the opinion that the above described road should be added to the Secondary Road System, if the road meets minimum standards and criteria established by the Highway Division of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, BE IT RESOLVED by the Surry County Board of Commissioners that the Highway Division is hereby requested to review the above-described road, and to take over the road for maintenance if it meets established standards and criteria.

N. C. DEPARTMENT OF TRANSPORTATION

REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM

NORTH CAROLINA COUNTY OF SURRY Road Name: Cedar Ridge Place Cedar Ridge Subdivision Section 6 WHEREAS, the attached petition has been filed with the Surry County Board of Commissioners, requesting that the above named road be added to the Secondary Road System; and WHEREAS, the Board is of the opinion that the above described road should be added to the Secondary Road System, if the road meets minimum standards and criteria established by the Highway Division of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, BE IT RESOLVED by the Surry County Board of Commissioners that the Highway Division is hereby requested to review the above-described road, and to take over the road for maintenance if it meets established standards and criteria.

N. C. DEPARTMENT OF TRANSPORTATION

REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM

NORTH CAROLINA COUNTY OF SURRY Road Name: Westbridge Place Woodbridge Sections 6 and 7 WHEREAS, the attached petition has been filed with the Surry County Board of Commissioners, requesting that the above named road be added to the Secondary Road System; and WHEREAS, the Board is of the opinion that the above described road should be added to the Secondary Road System, if the road meets minimum standards and criteria established by the Highway Division of the Department of Transportation for the addition of roads to the System.

Meeting of February 19, 2007 Continued 8567

NOW, THEREFORE, BE IT RESOLVED by the Surry County Board of Commissioners that the Highway Division is hereby requested to review the above-described road, and to take over the road for maintenance if it meets established standards and criteria.

N. C. DEPARTMENT OF TRANSPORTATION

REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM

NORTH CAROLINA COUNTY OF SURRY Road Name: North Bridgewater Road Woodbridge Sections 6 and 7 WHEREAS, the attached petition has been filed with the Surry County Board of Commissioners, requesting that the above named road be added to the Secondary Road System; and WHEREAS, the Board is of the opinion that the above described road should be added to the Secondary Road System, if the road meets minimum standards and criteria established by the Highway Division of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, BE IT RESOLVED by the Surry County Board of Commissioners that the Highway Division is hereby requested to review the above-described road, and to take over the road for maintenance if it meets established standards and criteria.

Requests from the Assistant County Manager for Budget and

Finance:

1. Approve the following project ordinance for the One-Stop Permitting/Health Clinic Project:

CAPITAL PROJECT ORDINANCE

Surry County One-Stop Permitting/Health Clinic Project

BE IT ORDAINED by the Board of Commissioners of the County of

Surry that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, this capital project ordinance is hereby adopted.

Section 1: The project authorized by this ordinance is the

construction and equipping of a new one-stop permitting/Health Clinic Building.

Section 2: The officers of this governmental unit are hereby

directed to proceed with this capital project within the guidelines set by the budget contained herein.

Section 3: The following revenues are anticipated to be

available to complete this project and are hereby appropriated or referenced by prior appropriation.

Transfers from General Fund 3,000,000

Total Revenues $ 3,000,000

Section 4: The following amounts are available for expenditures for the project:

Meeting of February 19, 2007 Continued 8568

Architect and Other Fees $ 100,000 Site Development 300,000

Construction 2,500,000 Equipment & Furnishings Contingency 100,000 Total Appropriation $ 3,000,000

Section 5: The Finance Officer is directed to report quarterly

to the Board of Commissioners on the financial status of this project.

Section 6: The Budget Officer is directed to include an analysis

of past and future costs and revenues for this capital project in each annual budget submitted to the Board of Commissioners for as long as this ordinance shall remain in effect.

Section 7: Any unexpended funds appropriated shall be reserved

by the Board of Commissioners for use as provided by applicable law or regulation.

Section 8: Copies of this capital project ordinance shall be

made available to the Budget Officer and the Finance Officer for direction in carrying out this project.

2. Approve budget change no. 13 as follows:

The Board of County Commissioners approved an amendment to the FY2006-2007 Budget Ordinance at their meeting on February 19, 2007.

ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT GENERAL FUND EXPENDITURES Senior Services 1055154 59175 Trans. To CP-County

Bldgs. 70,775 500,000 570,775

Increase departmental total.

4,459,351 500,000 4,959,351

Transfers 1059810 59270 Trans. To Building

Reserve 0 1,000,000 1,000,000

Increase departmental total.

12,700,058 1,000,000 13,700,058

REVENUE 1044000 49900 Unencumbered Balance 2,986,725 1,000,000 3,986,725 1045154 49900 Unencumbered Balance 0 500,000 500,000 Increase fund totals. 66,859,850 1,500,000 68,359,850 CAPITAL PROJECTS FUND EXPENDITURES One-Stop/Health Center (New) 6054214 51500 Professional Services 0 20,000 20,000 6054214 51600 Architect Fees 0 80,000 80,000 6054214 51640 Project Contstruction 0 1,400,000 1,400,000 6054214 52010 Supplies & Materials 0 0 0 6054214 52900 Small Equipment 0 0 0 6054214 56010 Equipment 0 0 0 6054214 59500 Contingency 0 0 0 Increase departmental total. 0 1,500,000 1,500,000 REVENUE 6044214 49882 Trans. from Bldg. Res. (New) 0 1,500,000 1,500,000 Increase fund totals. 135,872 1,500,000 1,635,872

Meeting of February 19, 2007 Continued 8569

CO. BUILDING CAPITAL RESERVE FUND EXPENDITURES 6254250 59182 Trans. To CP-One Stop (New) 0 1,500,000 1,500,000 REVENUE 6244250 49812 Trans. From GF-One Stop (Re-

name) 0 1,500,000 1,500,000

Inc. fund totals. 1,767,860 1,500,000 3,267,860

3. Approve Social Services to transfer North Carolina Department of Transportation Rural Operating Funds to YVEDDI.

Request from the Human Resources Officer:

1. Approve the Health and Nutrition Center to reclassify vacant position #515430 from an OSSOG III to an OSSOG IV, contingent upon final approval from State Personnel, advertise and fill.

Requests from the Planning Director:

1. Approve the Lester Ray and Hattie Gayle Shores final three-lot subdivision.

2. Approve the Estate of Callie May Atkins final ten-lot subdivision.

________________________________________ Chairman Hunter then declared the meeting to be an open forum and invited members of the audience to address the Board on any matters of civic concern. Maxine Reynolds, Family Resource Center, thanked the Board for their support during the last budget year. Ms. Reynolds stated that the Center will have some paving issues in the near future. Anna Lisa Davis, Senior Services Coordinator, thanked the Board for any assistance the County can give during the upcoming budget. JoAnn Larkins, YVEDDI Executive Director, thanked the Board for their help during past years. There being no additional comments, Chairman Hunter closed the open forum, and the Board resumed regular business. ______________________________________ Bryan Taylor, Mount Airy City Schools Assistant Superintendent, addressed the Board regarding the City of Mount requesting easements to property owned by the City School System. A 32.98 acre parcel at B.H. Tharrington Primary School is deeded to Surry County to be used as collateral for a QZAB loan. Mr. Taylor requested that Surry County deed 23.46 of the 32.98 acres of the B.H. Tharrington Primary School back to the City School System. The Mount Airy City Board of Education will grant an easement to the City of Mount Airy. The purpose of the easement is to allow the city government to utilize grant money to conduct riverbank restoration along the Ararat River as well as potential recreational improvements such as greenway extension and recreational access to the river. Mr. Taylor also stated that the Mount Airy City School System believes there is enough value in the buildings at the B.H. Tharrington Primary School sufficient to cover the collateral within the QZAB loan.

Meeting of February 19, 2007 Continued 8570

Catrina Smith, City of Mount Airy Recreation Director, discussed the proposed use of the property. Betty Taylor, Assistant County Manager for Budget and Finance, stated that the Finance Department has worked with Wachovia Bank to relinquish the Deed of Trust on the subject property. Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to deed 23.46 acres of B.H. Tharrington Primary School back to the Mount Airy Board of Education, contingent upon the deed of trust being released from Wachovia Bank. _______________________________________ The County Manager discussed the use of the County Fitness Facility by employees. Mr. Sammons stated that there was a good response by employees, to date, and thanked the Board for authorizing use of the County Fitness Facility. The first two classes, with two sessions each, were completed in late January. Approximately 45 to 50 employees completed the orientation program. There are currently 33 employees on a waiting list. Mr. Sammons also stated there are plans to proceed with additional classes, as needed. _______________________________________ The County Manager reminded the Board of the Economic Development Partnership Annual Meeting. The meeting will be Wednesday, February 28, 2007 at 11:30 a.m. The meeting will take place at Cross Creek Country Club. _______________________________________ Carolyn Comer, Register of Deeds, discussed putting the County Real Estate images on-line. Ms. Comer stated that the Register of Deeds Office had completed the redactions on personal information. Ms. Comer requested permission to move forward with the Real Estates images on-line with a paid subscription. Ms. Comer stated that each user of the on-line services must sign an agreement, show identification, and pay a $360.00 non-refundable annual user fee. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve the Register of Deeds using on-line imaging for real estate records with the Management Information Services doing the technical support in-house, also approving a $360.00 non-refundable annual user fee, with a requirement that the applicant to show proper identification. _______________________________________ David Stone, Health and Nutrition Center Director, addressed the Board regarding well permitting and inspection process of the proposed Surry County well program and the process that applicants must complete and submit to Environmental Health. Johnny Easter, Environmental Health Supervisor, discussed the timeline and the rules governing the permitting, construction, inspection, repair, abandonment, operation, sampling and water quality testing of wells. Mr. Easter stated there may be a need for an additional one or two employees assist with the process. Mr. Stone stated that the proposal for a local well permitting and inspection process will go before the Board of Health at their next meeting for approval and Mr. Stone will then bring back to the Board of Commissioners.

Meeting of February 19, 2007 Continued 8571

_______________________________________

Chairman Hunter informed the audience that it was time for the special recognition portion of the agenda. The following individuals were recognized:

David Stone, Health and Nutrition Center Director, recognized

the Surry County Home Health Agency for excellent services provided to Surry County and its citizens and for their national recognition.

David James Diamont, Noah Justin Koubenec, Samuel Colby Scott, Jonathan Wade White, James Taylor York, Johnson McKinley York, Ryan Scott Mizelle, George Logan Draughn, Justin Matthew Allison, Shaylon L. Hiatt, Steven Randolph Cockerell, Michael W. Dinkins, Joseph Hobson Gitt, William Scott John, and Nicholas Talluri were recognized with the Board’s admiration and appreciation of their attainment of Eagle Scout rank in the Boy Scouts of America in the Year 2006. Donald Diamont, Christopher Rose, Charles Jones, Kent Moser, Ron Cocca, Johnny Branch, and Danny Ledford, Scoutmasters, for their dedication to Surry County in serving were recognized as Scoutmasters and Assistant Scoutmasters for Boy Scouts of America. _______________________________________ The Board took a fifteen-minute break. _______________________________________ The Board resumed regular business. _______________________________________ David Swann, Crossroad Behavioral Healthcare Chief Executive Officer, addressed the Board on the Annual Briefing Book which is a guide for the Board. Mr. Swann also presented the Local Business Plan for 2007-2010. Mr. Swann stated that the Local Business Plan outlines plans for increasing effectiveness of the Local Management Entity and the local behavioral healthcare system, maximizing efficiencies, and strengthening the safety net of services for citizens. Mr. Swann asked for approval of the Local Business Plan for 2007-2010. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to approve the plan as presented. _______________________________________ Jack Gardin, Water and Sewer Projects Coordinator, updated the Board on the following water and sewer projects:

Progress on the Flat Rock/Bannertown Water and Sewer pay request meeting. The water project is 67% complete. The sewer project is 13% complete in line work.

A meeting with the Flat Rock/Bannertown Advisory Board and the Project Engineer to discuss possible surplus funds for Phase I of the project and also alternatives for Phase II of the project.

Exit 93 water lines had passed the pressure test but still need to pass the chlorination and biological tests. Completion is set for March 1, 2007.

Meeting with the Town of Dobson Water and Sewer Committee to discuss the proposed agreement between the Town and the County for water and sewer.

Proposal for the Mount Airy Meat Center.

Meeting of February 19, 2007 Continued 8572

The Board discussed various water and sewer projects. Chairman Hunter stated that the Board would like for the Town of Dobson to reserve space on the Exit 93 water tank for Surry County public safety equipment.

________________________________________ Betty Taylor, Assistant County Manager for Budget and

Finance, updated the Board on the Workers’ Compensation Program and gave a payment summary from July 1, 2005 through December 31, 2006. _______________________________________ Betty Taylor, Assistant County Manager for Budget and Finance, addressed the Board regarding invoices related to the demolition of the old Pilot Mountain Elementary School. The invoices totaled $10,243. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve payment of the invoices. _______________________________________ Betty Taylor, Assistant County Manager for Budget and Finance, requested approval of budget change no. 14. Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to approve budget change no. 14 as follows: The Board of County Commissioners approved an amendment to the FY2006-2007 Budget Ordinance at their meeting on February 19, 2007.

ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT LANDFILL EXPENDITURES Landfill Operations

6757420 56500 Land 50,000 603,000 653,000 Increase departmental

total. 1,900,713 603,000 2,503,713

REVENUE 6747420 44900 Interest Earned on

Investments 0 30,000 30,000

6747420 49950 Retained Earnings 631,613 573,000 1,204,613 Increase fund totals. 3,161,613 603,000 3,764,613 _______________________________________

Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to approve the following Boards and Commissions reappointments:

Reappoint Judith Gilley to the Region I Advisory Council. Reappoint Robert Axsom to the Dobson Planning Board. Reappoint Clara Fountain to the Nursing Adult Care Homes

Community Advisory Committee. Reappoint Commissioner Paul Johnson and Rita Johnson to the

YVEDDI Board. Reappoint Don Miner to the Workforce Development Board.

_______________________________________

Meeting of February 19, 2007 Continued 8573

Upon motion of Commissioner Hamlin, seconded by Commissioner Harrell, the Board voted unanimously to reappoint Debbie Wilmoth and appoint Angela Schmoll to the Dobson Community Library Board. _______________________________________ Upon motion of Commissioner Miller, seconded by Commissioner Johnson, the Board voted unanimously to go into closed session to discuss personnel, legal matters and property acquisition. _______________________________________ The Board came out of closed session and resumed regular business. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to approve following personnel requests:

Move employee in position # 516715 to grade 63-10 Move employee in position # 518111 to grade 60-3 Move employee in position # 518109 to grade 70-14. Move employee in position # 438008 to grade 60-8.

________________________________________ Upon motion of Commissioner Harrell, seconded by

Commissioner Miller, the Board voted unanimously to approve the Sheriff’s Office to hire a selected candidate for a Deputy Sheriff I position at grade 64-7. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to terminate the contract with EMS Dynamics, and have Management Information Services assume information technology services for the Department of Social Services. Create, advertise and fill a Computer Systems Technician position at grade 66 to work in the Management Information Services Department. _______________________________________ Upon motion of Commissioner Miller, seconded by Commissioner Johnson, the Board voted unanimously to pay two outstanding Flat Rock/Bannertown water easements; approve the Chairman to sign a deed to Mr. Timmons for a rock wall and unneeded remnant of land. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to pay three water taps in the amount of $900.00 for the Exit 93 water project as presented by the County Attorney pursuant to a request from Attorney Elizabeth Horton. _______________________________________ The Board discussed the contract between the Town of Dobson and the County of Surry to provide water and sewer services to Exit 93 at I-77 and other selected areas outside of the existing Town of Dobson services area. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve the contract with the following additions:

The Town of Dobson shall have first right of refusal to purchase water and/or sewer lines installed by the County.

The County shall have the right to install at no cost County antennas and related public safety communications equipment,

Meeting of February 19, 2007 Continued 8574

including the control stations and generator, on the water tower or the tank located in or near the Town’s satellite annexation area.

________________________________________ The Board discussed a request from the Emergency

Services Director to purchase two E-450 chassis and refurbish two ambulances at a cost of $141,402. It was the consensus of the Board for the Emergency Services Director to address the Board at the February 23, 2007 Planning Retreat to discuss the request. _______________________________________ Joe Sloop, father of Zachary Jordan Sloop, Eagle Scout, accepted his son’s award for attainment of Eagle Scout rank in the Boy Scouts of America in the Year 2006. _______________________________________ There was no further business to come before the Board. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Hamlin, the Board voted unanimously to recess until Friday, February 23, 2007 at 8:00 a.m. for a Planning Retreat. The meeting will take place at the Workforce Development Center. _______________________________________ The meeting ended at 10:23 p.m. _______________________________________ _____________________ Conchita Atkins Clerk to the Board

8575

Surry County Board of Commissioners Meeting of February 23, 2007

The Surry County Board of Commissioners met in a reconvened session on February 23, 2007 at the Surry County Workforce Development Center for the Board’s 2007 annual planning retreat and other County business. Board members present for the meeting were Chairman Craig Hunter, Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, Commissioner Jim Harrell, Jr. and Commissioner Jimmy Miller. _______________________________________ Others present for the meeting at various times, were: Macon C. Sammons, Jr., County Manager Betty Taylor, Assistant County Manager for Budget and Finance Chris Knopf, Planning Director Jack Gardin, Water and Sewer Projects Coordinator

Mike Wetzel, Parks, Recreation and Maintenance Director Fred Hobbs, Hobbs, Upchurch and Associates Adam Kiker, Hobbs, Upchurch and Associates

_________________________________________ Chairman Hunter called the meeting to order at 8:15 a.m. __________________________________________ Mike Wetzel, Parks, Recreation and Maintenance Director, presented information items related to recreation. _______________________________________ It was the consensus of the Board for the Parks, Recreation and Maintenance Director to look at designs for park lighting. _______________________________________ The Board discussed schools’ capital issues. _______________________________________ Fred Hobbs and Adam Kiker, Hobbs, Upchurch and Associates, presented information related to a water feasibility study and the Interstates Water and Sewer District. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to obtain quotes on a preliminary engineering report for the Interstates District and for a Section 201 Wastewater Facilities Study. _______________________________________ Jack Gardin, Water and Sewer Projects Coordinator, updated the Board on the Flat Rock/Bannertown project. _______________________________________

Meeting of February 23, 2007 Continued 8576

It was the consensus of the Board for the Water and Sewer Projects Coordinator to proceed with two Flat Rock/Bannertown Phase II projects. _______________________________________ The Board discussed economic development. _______________________________________ Betty Taylor, Assistant County Manager for Budget and Finance, presented a budget update. _______________________________________ Chairman Hunter left the meeting at 3:20 p.m. and Vice-Chairman Johnson presided over the meeting. _______________________________________ Commissioner Harrell discussed regional tourism. _______________________________________ It was the consensus of the Board to authorized payment of $77,046.97 to the Town of Dobson for the Exit 93 water and sewer project. _______________________________________ The County Manager discussed the 2007 legislative goals. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to reaffirm the resolution adopting the 2007 Legislative Program. _______________________________________ Upon motion of Commissioner Miller, seconded by Commissioner Harrell, the Board voted unanimously to adopt a resolution supporting Local-Options Sales Tax for Education. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to support federal legislation to prohibit County participation in Medicaid. _______________________________________ Upon motion of Commissioner Miller, seconded by Commissioner Harrell, the Board voted unanimously to adjourn at 4:20 p.m. _______________________________________ _____________________ Macon C. Sammons, Jr. County Manager

8577

Surry County Board of Commissioners Meeting of March 5, 2007

The Surry County Board of Commissioners met in regular session at 6:00 p.m. on March 5, 2007. The meeting was held in the County Commissioners’ Meeting Room, Surry County Government Center, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Commissioner Bill Hamlin, Commissioner Jim Harrell, Jr. and Commissioner Jimmy Miller. Vice-Chairman Paul Johnson was unable to attend. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Conchita Atkins, Clerk to the Board Edwin Woltz, County Attorney

Betty Taylor, Assistant County Manager for Budget and Finance

Sandy Snow, Human Resources Officer Doug Jones, Fire Marshal David Stone, Health and Nutrition Center Director Wayne Black, Social Services Director Sheriff Graham Atkinson News Media Other Citizens ________________________________________ Chairman Craig Hunter called the meeting to order. Commissioner Jimmy Miller delivered the invocation and led the Pledge of Allegiance. ________________________________________ Chairman Hunter requested the Board to consider the minutes of the February 19, 2007 meeting. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve the minutes. _______________________________________________ Chairman Hunter requested that the Board consider the consent agenda. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to approve the following consent agenda items: Requests by the County Manager:

1. Approve the following resolution regarding holding the March 19, 2007 Board meeting at the Elkin High School:

RESOLUTION

WHEREAS, the Surry County Board of Commissioners received an invitation from the Elkin City Schools to host its regular Board meeting at the Elkin High School; and WHEREAS, the Surry County Board of Commissioners feels it is desirable from time to time to conduct Board meetings at various locations throughout the County; and NOW THEREFORE BE IT RESOLVED, that the Surry County Board of Commissioners will conduct its March 19, 2007

Meeting of March 5, 2007 Continued 8578

regular meeting at the Elkin High School beginning at 6:00 p.m.

2. Approve the County Manager to sign the MBAJ Standard Form of Agreement for the One Stop/Health Clinic building.

3. Approve the waiver of building permits for the North Surry Greyhound Foundation for the new Weight Training Facility that will be built at North Surry High School.

4. Approve the renewal of the Fisher River Park Coca-Cola agreement.

Requests from the Assistant County Manager for Budget and Finance:

1. Approve budget change no. 15 as follows:

The Board of County Commissioners approved an amendment to the FY2006-2007 Budget Ordinance at their meeting on March 5, 2007.

ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT SCHOOLS CAPITAL OUTLAY FUND EXPENDITURES 3655912 57014 Co Sch-Demolition Proj. (Re-

name) 0 10,243 10,243

REVENUE 3645912 49835 Trans From CR-Demol.

Proj.(Re-name) 0 10,243 10,243

Increase fund totals. 2,058,969 10,243 2,069,212 SCHOOLS CAPITAL RESERVE FUND EXPENDITURES 3755918 59164 Trans to Co-Demolition (Re-

name) 0 10,243 10,243

3755918 59500 Contingency 10,000 200,000 210,000 REVENUE 3745918 43101 Sales Tax-Article 40 930,000 70,000 1,000,000 3745918 43102 Sales Tax-Article 42 1,860,000 140,243 2,000,243 Increase fund totals. 3,913,687 210,243 4,123,930

2. Approve Emergency Services to apply and accept a $5,000 non-matching Hazardous Material Emergency Planning Grant.

3. Approve the Finance Department to pay an incentive payment, in the amount of $23,405.06, to SouthData.

Requests from the Human Resources Officer: 1. Approve the following resolutions:

RESOLUTION WHEREAS, Scarlett W. Chaney worked for the Surry County Department of Social Services from September 22, 1977 until her retirement on January 31, 2007; and WHEREAS, Mrs. Chaney held the positions of Clerk-Receptionist II, Clerk-Typist III, Eligibility Specialist

Meeting of March 5, 2007 Continued 8579

I, Income Maintenance Caseworker II, and Child Support Agent I, a position she held from January 1, 1998 until her retirement; and WHEREAS, Mrs. Chaney held positions in the Administrative Support, Family & Children’s Medicaid, Adult Medicaid, AFDC and Child Support Units of the Social Services Department; and WHEREAS, Mrs. Chaney performed the important functions leading to the establishment of orders for the payment of child support for thousands of children in Surry County; and WHEREAS, in the performance of her duties, Mrs. Chaney often served as a mentor and volunteered to assist her co-workers; and WHEREAS, Mrs. Chaney always maintained professionalism in the performance of her duties; and WHEREAS, in all of her actions, Mrs. Chaney demonstrated genuine feelings of compassion and respect for the families with whom she worked; and WHEREAS, Scarlett Chaney has faithfully served Surry County as a caring and conscientious public servant; NOW, THEREFORE, BE IT RESOVED that the Board publicly commends Scarlett Chaney for her service to the citizens of Surry County and wishes to express its appreciation for her years of dedicated employment; and BE IT FURTHER RESOLVED that the Board extends to Scarlett W. Chaney its best wishes for many years of happiness during her retirement.

RESOLUTION

WHEREAS, K-9 Cosmo, assigned to Detective Mark Ward and trained in drug detection, trailing, article searches, apprehension of criminals and protection, served the County of Surry from November, 1999 until his retirement in February, 2007 as part of the Sheriff’s Office; and WHEREAS, during his term of service, K-9 Cosmo aided the Sheriff’s Office and carried out courageous duties to serve and protect the citizens of Surry County; and

WHEREAS, K-9 Cosmo has honorably served the Surry County Sheriff’s Office, demonstrating a hard-working and special nature; however, due to age and health concerns, K-9 Cosmo is retiring from service; and WHEREAS, it is the tradition to retire a law enforcement animal into the care, control, and custody of the animal’s handler whenever possible, and further, that Detective Mark Ward has expressed a desire and has the ability to provide for Cosmo’s post retirement care and welfare; and

WHEREAS, it is in the best interest of K-9 Cosmo to be retired from active service with the Surry County Sheriff’s

Meeting of March 5, 2007 Continued 8580

office and to transfer the ownership and care of K-9 Cosmo to Detective Mark Ward; and NOW, THEREFORE, BE IT RESOLVED that the Board commends K-9 Cosmo for his service to the citizens of Surry County and wishes to express its appreciation for his years of dedicated service; and

BE IT FURTHER RESOLVED that the Board extends to K-9 Cosmo its best wishes for many years of happiness during his retirement spent with Detective Mark Ward and his family.

RESOLUTION

WHEREAS, K-9 Ricky, assigned to S.P.O./K-9 Officer Jeff Chandler, and certified in drug detection, trailing, article searches, cadaver, apprehension of criminals and protection, served the County of Surry from November, 1997 until his retirement in February, 2007 as part of the Sheriff’s Office; and WHEREAS, during his term of service, K-9 Ricky aided the Sheriff’s Office in numerous apprehensions and carried out courageous duties to serve and protect the citizens of Surry County and;

WHEREAS, K-9 Ricky has faithfully, loyally, and courageously served the Surry County Sheriff’s Office; however due to advanced age, K-9 Ricky is retiring from services; and WHEREAS, it is the tradition to retire a law enforcement animal into the care, control, and custody of the animal’s handler whenever possible, and further, that S.P.O./K-9 Officer Jeff Chandler has expressed a desire and has the ability to provide for Ricky’s post retirement care and welfare; and

WHEREAS, it is in the best interest of K-9 Ricky to be retired from active service with the Surry County Sheriff’s office and to transfer the ownership and care of K-9 Ricky to S.P.O./K-9 Officer Jeff Chandler; and NOW, THEREFORE, BE IT RESOLVED that the Board commends K-9 Ricky for his service to the citizens of Surry County and wishes to express its appreciation for his years of dedicated service; and

BE IT FURTHER RESOLVED that the Board extends to K-9 Ricky its best wishes for many years of happiness during his retirement spent with S.P.O./K-9 Officer Chandler and his family.

2. Approve the Social Services Department to create

and fill a new position of Income Maintenance Caseworker II at grade 63 for the duration of grant funding.

________________________________________ Chairman Hunter then declared the meeting to be an

open forum and invited members of the audience to address the Board on any matters of civic concern.

Meeting of March 5, 2007 Continued 8581

Eddie Brown discussed the Shoals Recreation master plan of the Shoals Recreation project. Mr. Brown stated that the Shoals Recreation Committee would like for the Board to review the plans. Chairman Hunter asked the Shoals Recreation Committee to meet with the Recreation Advisory Committee to discuss any funding. Ron Inman, Shoals Recreation Committee Member, stated that the Recreation Advisory Committee recommends the project. It was the consensus of the Board to meet with the Shoals Recreation Committee in the near future. There being no additional comments, Chairman Hunter closed the open forum, and the Board resumed regular business. ______________________________________ Ernie Rhymer, Quality Oil Company, addressed the Board regarding a gasoline facility at 2170 West Pine Street in Mount Airy. The facility is open from 6:00 a.m. until 10:00 p.m., seven days per week. The company would like to provide 24-hour fueling as a convenience for their customers and emergency vehicles. The payment for the fuel would be by credit card only. Mr. Rhymer had met with Doug Jones, Fire Marshal, and reviewed all safety requirements. Mr. Rhymer stated that it is necessary for the Board of Commissioners to also approve the plan. Doug Jones, Fire Marshal, stated that the Fire Marshal’s Office approved the plan and requested the facility be inspected every three years. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to approve the request and allow Quality Oil to provide 24-hour fueling. _______________________________________ The County Manager stated that John Shelton, Emergency Services Director, and he had attended the Bannertown Volunteer Fire Department dedication on Sunday, February 25, 2007. The facility was dedicated to A.L. McAlexander. _______________________________________ The County Manager stated that Commissioner Hamlin and he had attended the Economic Development Partnership Annual Luncheon on Tuesday, February 28, 2007. The guest speaker was Ms. Ruff, Duke Energy President. _______________________________________ The County Manager reminded the Board that the 2007 NACo Annual Conference and Exposition will be held July 13-17 in Richmond, Virginia at the Greater Richmond Convention Center. Mr. Sammons stated registrations and reservations need to be turned in soon. _______________________________________

Meeting of March 5, 2007 Continued 8582

The County Manager reminded the Board that the March 19, 2007 Board of Commissioners meeting will be held at the Elkin High School Media Center. _______________________________________

Upon motion of Commissioner Hamlin, seconded by Commissioner Miller, the Board voted unanimously to appoint Jeanette Hege to the Appearance Commission to represent the Siloam area. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to appoint Sean Dyer to the Industrial Facilities and Pollution Control Financing Authority replacing Fred Norman. _______________________________________

Chairman Hunter informed the audience that it was time for the special recognition portion of the agenda.

Wayne Black, Social Services Director, recognized

retiree Scarlett Chaney for her thirty years of faithful service to Surry County.

The Board recognized the following two canines:

K-9 Cosmo and handler Detective Mark Ward for his honorable service to the Surry County Sheriff’s Office. K-9 Ricky and handler Deputy Jeff Chandler for his honorable service to the Surry County Sheriff’s Office.

Dr. Rick Mumford, Senior Assistant for State Health

Director, Health Disparities and Workforce Development, Monecia Thomas, State Accreditation Coordinator and the Board of Commissioners recognized the Health and Nutrition Center Director, Health Board Chairman and employees for being among the first North Carolina counties to successfully completed the accreditation process and being awarded the designation of accreditation status from the North Carolina Accreditation Board.

The Board recognized the following YVEDDI Volunteers: Lena White for her dedication and commitment through

demonstrating the following: Being a Foothills Food Pantry Coordinator for

approximately ten years. Volunteering at Central Middle School. Volunteering at White Plains Elementary School. Distributing food at the Medical Ministry in Mount

Airy. Active at Fairview Baptist Church. Visiting Nursing Homes once a week. Preparing meals for Nursing Home Residents.

Linda McDaniel for her dedication and commitment through demonstrating the following:

A Food Assistant at the Pilot Mountain Senior Center for approximately six years, serving food to seniors each day.

Active in church. Visiting nursing homes and hospitals.

Meeting of March 5, 2007 Continued 8583

Takes the newspaper each day to her 87 year old neighbor.

Helping assist two uncles. Primary caregiver for her 81 year old mother.

Walter “Shorty” Mitchell for his dedication and commitment through demonstrating the following:

A Food Coordinator at the Yorkfellow Ministry for approximately ten years.

Picking up food at the Food Bank to deliver to the Yorkfellow Ministry for distribution to clients.

Helping Postal Workers with food drives. Active in the Grace Moravian Church. Numerous mission trips which included going to

Honduras and Mississippi to help rebuild homes after hurricanes.

Member of the Senior Friends and serves on the Board of Trustees.

Dan Dixon for his dedication and commitment through demonstrating the following:

Member of the Greater Mount Airy Area Habitat for Humanity, serving on the Board of Directors from 1999 to 2002.

Serving on the Construction Committee of the Mount Airy Area Habitat for Humanity since 1993.

Volunteering at the Habitat Home Shoppe, earning Volunteer of the Year for his work and dedication at the Habitat Home Shoppe.

Serving on the Home Shoppe Committee. Member of the Mount Airy Lions Club for approximately

32 years. Secretary for Mount Airy Lions Club for 25 years. Working as an Autumn Leaves Festival fundraiser. Being Chairman for the VIP picnic which is held each

year to honor blind citizens. _______________________________________ Chairman Hunter recognized Tim Vanhoy, Executive Director for Habitat, for attending the meeting. _______________________________________ The Board took a ten-minute recess. _______________________________________ The Board resumed regular business. _______________________________________ Upon motion of Commissioner Miller, seconded by Commissioner Harrell, the Board voted unanimously to go into closed session to discuss personnel and property matters. _______________________________________ The Board came out of closed session and resumed regular business. _______________________________________

Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to reclassify position no. 438006 from an OSSOG III to an

Meeting of March 5, 2007 Continued 8584

Administrative Assistant I, contingent upon final approval from State personnel and move the employee to Grade 63-8.

________________________________________ The Board discussed the Exit 93 Water and Sewer

Project relative to the Surry-Yadkin Electric Cooperative loan and collateral for the loan.

It was the consensus of the Board for the County

Manager to send a letter to each member of the Dobson Town Council and the Town Manager regarding the County of Surry’s collateral for the Surry-Yadkin Electric Cooperative loan and request to be on the Town of Dobson Board meeting agenda to discuss collateral for the loan.

Upon motion of Commissioner Hunter, seconded by

Commissioner Miller, the Board voted unanimously to approve the following reimbursement resolution:

REIMBURSEMENT RESOLUTION

WHEREAS, the County of Surry, North Carolina (the “County”) intends to issue in the future certain tax-exempt obligations in an aggregate principal amount not to exceed $500,000 (the “Obligations”) to finance construction of water and sewer lines and related improvements (Project); and WHEREAS, the County has made and needs to make certain additional expenditures relating to the Project, including without limitation the site work, engineering and design services, survey and title work, grading and other related work and services, prior to the date of issuance of the Obligations, but desires to preserve the ability of the County to reimburse itself for all such expenditures from the proceeds of the Obligations when they are issued by the County; and WHEREAS, the County desires in this Resolution to declare its official intent in accordance with Income Tax Regulation Section 1.150-2 to reimburse itself for all such expenditures from the proceeds of the Obligations. NOW, THERFORE, BE IT RESOLVED that the County hereby declares its official intent to reimburse itself from the proceeds of the Obligations, when issued, for all expenditures made by the County with respect to the Project and which were made on or subsequent to the occurring date 60 days prior to the date of adoption of this Resolution.

________________________________________ The Board discussed a request from the Emergency

Services Director to purchase two new chassis and refurbish two ambulance boxes. Emergency Services was notified on February 7, 2007 from Northwest Emergency Vehicles that Ford Motor Company will discontinue production of the E-series diesel chassis.

Upon motion of Commissioner Hamlin, seconded by

Commissioner Harrell, the Board voted unanimously to approve the purchase of two chassis and the refurbishment of one ambulance box in the FY 07 budget. The Emergency Services Director is instructed to use one chassis and

Meeting of March 5, 2007 Continued 8585

refurbish one ambulance box in the FY 07 budget. The Emergency Services Director is also instructed to hold the other chassis until the FY 08 budget and budget to refurbish another ambulance box in FY 08.

________________________________________ There was no further business to come before the

Board. ________________________________________ Upon motion of Commissioner Hamlin, seconded by

Commissioner Miller, the Board voted unanimously to adjourn at 9:50 p.m.

________________________________________ _____________________ Conchita Atkins Clerk to the Board

8586

Surry County Board of Commissioners Meeting of March 19, 2007

The Surry County Board of Commissioners met in regular session at 6:00 p.m. on March 19, 2007. The meeting was held at the Elkin High School Media Center, 334 Elk Spur Street, Elkin, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, Commissioner Jim Harrell, Jr. and Commissioner Jimmy Miller. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Conchita Atkins, Clerk to the Board Edwin Woltz, County Attorney

Betty Taylor, Assistant County Manager for Budget and Finance

Chris Knopf, Planning Director Jack Gardin, Water and Sewer Projects Coordinator Mayor Pro Tem Lestine Hutchens Elkin Town Manager Lloyd Payne Elkin Commissioner J. L. Lowe Dr. Barry Shepherd Elkin City School Board Members Elkin City School Staff News Media Other Citizens ________________________________________ Chairman Craig Hunter called the meeting to order and welcomed everyone. Chairman Hunter thanked the Elkin City Schools for hosting our meeting. Commissioner Jim Harrell, Jr. delivered the invocation and led the Pledge of Allegiance. ________________________________________ Chairman Hunter requested the Board to consider the minutes of the February 23 and March 5, 2007 meetings.

Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to approve the minutes. _______________________________________________ Chairman Hunter requested that the Board consider the consent agenda. Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to approve the following consent agenda items: Requests by the County Manager:

1. Approve Senior Services to use the Human Services parking lot on Saturday, September 15, 2007 for a Faith in Action fundraising event.

2. Approve the following memorandum of lease agreement for the real property located at 1330 N. Bridge Street, Elkin to house the Elkin Magistrate.

Meeting of March 19, 2007 Continued 8587

STATE OF NORTH CAROLINA MEMORANDUM OF LEASE COUNTY OF SURRY WHEREAS, Surry County, a body politic and corporate, entered into a Lease as Lessee, for real property located at 1330 N. Bridge Street, Elkin, North Carolina 27621; AND WHEREAS, Kent H. Cockerham is owner of said property and entered into the Lease with Surry County in the capacity of “Lessor”; AND WHEREAS, said Lease contains an option to renew in favor of Surry County for an additional three (3) years on the same terms and conditions of the initial Lease term; AND, WHEREAS, in order to exercise the renewal option, Surry County is to provide Lessor sixty (60) days written notice of Lessee’s intend to extend the lease; AND WHEREAS, Surry County herewith provides notice to Lessor of its intent to renew the lease upon the same terms for an additional three (3) year period expiring May 15, 2007; NOW, THEREFORE, the parties hereby acknowledge:

1. Surry County is in possession of premises located at 1330 N. Bridge Street, Elkin, North Carolina 28621 through the term of an original Lease expiring May 15, 2007 and an extension of three (3) years ending May 15, 2010;

2. That the terms of the original Lease, except as modified above, are incorporated herein by reference and shall continue in full force and effect.

3. Approve the following from the Tax Department:

Total releases for the month ending 02/28/2007 in the amount of $8,554.56.

Total refunds for the month ending 02/28/2007 in the amount of $15,251.26.

Total real and personal property discoveries for the month ending 02/28/2007 in the amount of $5,754.57.

Total motor vehicles discoveries for the month ending 02/28/2007 in the amount of $3,632.61.

Collect December 2006 motor vehicle renewals in the amount of $312,201.95.

4. Approve Rochelle Carter to serve on the Child Fatality Prevention Team. 5. Approve the County Manager to sign the application for Continuation of Implementation Funding for the Criminal Justice Partnership Program. 6. Approve the Health and Nutrition Centers’ new fees for wellness program health assessments for businesses, organizations and agencies.

Requests from the Assistant County Manager for Budget and Finance:

Meeting of March 19, 2007 Continued 8588

1. Approve the Finance Department to pay invoices in the amount of $13,133 for the Pilot Auditorium demolition.

2. Approve budget change no. 16 as follows: The Board of County Commissioners approved an amendment to the FY2006-2007 Budget Ordinance at their meeting on March 19, 2007.

ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT SCHOOLS CAPITAL OUTLAY FUND EXPENDITURES 3655912 57014 Co Sch-Demolition Proj. 10,243 45,000 55,243 REVENUE 3645912 49835 Trans From CR-Demol. Proj. 10,243 45,000 55,243 Increase fund totals. 2,069,212 45,000 2,114,212 SCHOOLS CAPITAL RESERVE FUND EXPENDITURES 3755918 59164 Trans to Co-Demolition 10,243 45,000 55,243 REVENUE 3745918 43101 Sales Tax-Article 40 1,000,000 5,000 1,005,000 3745918 43102 Sales tax-Article 42 2,000,243 40,000 2,040,243 Increase fund totals. 4,123,930 45,000 4,168,930

3. Approve budget change no. 17 as follows:

The Board of County Commissioners approved an amendment to the FY2006-2007 Budget Ordinance at their meeting on March 19, 2007.

ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT GENERAL FUND EXPENDITURES Smart Start 1055113 51500 Professional Services 0 4,000 4,000 1055113 52010 Supplies and Materials 1,334 2,566 3,900 1055113 52020 Medical Supplies 0 100 100 1055113 52900 Small Equipment 0 3,000 3,000 1055113 54010 Travel/Training 3,100 600 3,700 Increase departmental

total. 64,792 10,266 75,058

In-Home Breastfeeding Grant 1055143 51350 Group Insurance 862 4,000 4,862 Increase departmental

total. 29,006 4,000 33,006

Chronic Care Project (Re-name) 1055153 51010 Salaries & Wages 0 40,400 40,400 1055153 51020 Longevity 0 250 250 1055153 51040 Salary Reserve 0 1,225 1,225 1055153 51300 Social Security 0 2,525 2,525 1055153 51310 Medicare 0 600 600 1055153 51330 Retirement 0 2,450 2,450 1055153 51350 Group Insurance 0 8,425 8,425 1055153 51720 Contracted Services 0 7,500 7,500 1055153 52010 Supplies and Materials 0 1,500 1,500 1055153 52020 Medical Supplies 0 5,000 5,000 1055153 52900 Small Equipment 0 4,000 4,000 1055153 54010 Travel/Training 0 2,500 2,500 1055153 54300 Utilities 0 1,000 1,000

Meeting of March 19, 2007 Continued 8589

1055153 54400 Advertising 0 2,000 2,000 Increase departmental

total. 0 79,375 79,375

Cancer Control Program 1055158 51010 Salaries & Wages 51,350 5,150 56,500 1055158 51722 Contracted Services-Komen

Grant 6,000 14,850 20,850

Increase departmental total.

111,608 20,000 131,608

Family Planning Program 1055164 51010 Salaries & Wages 200,300 9,800 210,100 1055164 52020 Medical Supplies 40,000 5,146 45,146 1055164 54350 Printing 1,000 1,374 2,374 Increase departmental

total. 348,999 16,320 365,319

Immunization Action Plan 1055170 52020 Medical Supplies 80,000 6,313 86,313 Increase departmental

total. 294,372 6,313 300,685

Bioterrorism & Preparedness 1055185 51010 Salaries & Wages 17,000 (9,000) 8,000 1055185 52010 Supplies & Materials 13,725 5,250 18,975 1055185 52900 Small Equipment 0 12,250 12,250 1055185 54010 Travel/Training 8,000 (2,122) 5,878 Increase departmental

total. 60,268 6,378 66,646

REVENUE 1045113 43163 Smart Start-Health 64,792 10,266 75,058 1045143 43500 Smart Start Grant 29,006 4,000 33,006 1045153 43208 Chronic Care Project (New) 0 79,375 79,375 1045158 44551 Susan G. Komen Grant 15,000 20,000 35,000 1045164 42370 Family Planning 33,444 3,792 37,236 1045164 42450 TANF 100 6,274 6,374 1045164 43301 Family Planning-State 100 6,254 6,354 1045170 43211 MCV4 Vaccination

Initiative (New) 0 6,313 6,313

1045185 43209 Pandemic Flu Funds (New) 0 17,500 17,500 1045185 42600 Bio-Terrorism (4514) 54,268 (11,122) 43,146 Increase fund totals. 68,359,850 142,652 68,502,502

4. Approve the Purchasing Agent to surplus the

following two vehicles: 1999 Ford Crown Vic VIN 2FAFP71W4XX159753 1995 Chevrolet Caprice VIN 1G1BL52P8SR180407

5. Approve Soil Conservation to purchase a computer. 6. Approve Emergency Services to purchase a copier. 7. Approve the Health and Nutrition Center to purchase

a copier. ________________________________________

Chairman Hunter then declared the meeting to be an open forum and invited members of the audience to address the Board on any matters of civic concern. No one spoke during open forum. There being no additional comments, Chairman Hunter closed the open forum, and the Board resumed regular business. ______________________________________ Chairman Hunter then declared the meeting to be a public hearing for the purpose of hearing comments on zoning application ZCR998. The parcel site is 81.01 acres

Meeting of March 19, 2007 Continued 8590

of tax parcel 4989-00-76-5603. The property owner is Blan Bottomley. The property is currently zoned RA. The petition is to rezone the property to MI. Chris Knopf, Planning Director, presented facts pertaining to the rezoning and stated that the Planning Board recommends approval of the petition. Chairman Hunter asked for comments from the public. No one spoke regarding the rezoning. Chairman Hunter then declared the public hearing closed and asked the Board if they wished to take any action. The Board discussed the rezoning and the location of the rezoning. Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to approve the rezoning as presented by the Planning Director. _______________________________________ Jack Gardin, Water and Sewer Projects Coordinator, updated the Board on the Exit 93 and Flat Rock/Bannertown water and sewer projects. _______________________________________

The County Manager addressed the Board regarding Emergency Services ambulance refurbishing process. Emergency Services has proceeded to order a Chevrolet chassis with heavy duty options for one ambulance. _______________________________________ The County Manager reminded the Board of the 50th Anniversary Celebration at Northern Hospital on Tuesday, April 17, 2007 from 2:00 to 3:30 p.m. in the main lobby of the hospital. _______________________________________ The County Manager addressed the Board regarding his participation in the North Carolina Association of County Commissioners Education Sub-Committee. Mr. Sammons stated that a bill to issue a two billion dollar school bond was being considered. Mr. Sammons also stated a local option for the Land Transfer Tax proposal was gaining momentum. _______________________________________ The County Manager discussed Medicaid relief for distressed counties. Mr. Sammons stated that there was a cap on Medicaid for the FY 07 budget which came up ten million dollars short. Mr. Sammons stated that he is concerned about whether the FY 08 Medicaid State funding will be sufficient to continue the local freeze at FY 06 levels. _______________________________________

Chairman Hunter informed the audience that it was time for the special recognition portion of the agenda. The following individuals were recognized:

Meeting of March 19, 2007 Continued 8591

Rosy Beverly and Doris Petersham for their high levels of professionalism, outstanding leadership and commitment while providing dedicated service to the Yadkin Valley Craft Guild.

Larry Irwin for his dedicated services to Surry County

through the following: 2006 North Carolina Main Street Champion, exceptional contributions to the Elkin downtown revitalization process, president of the Merchants Association-Downtown Elkin, several times, avid musician in the Mixed Emotions Band, the Elkin Big Band, and many other musical features, dedicated pharmacist at Elk Pharmacy and a leader in the First Methodist Church of Elkin.

Gill Ripley for his dedicated services to Surry County

through the following: Serving as a charter member of the Elkin Recreation Commission for thirty years, Boy Scout Master of Troop no. 648 sponsored by the Elkin First United Methodist Church, responsible for nurturing young men of the community and producing an unusual number of Eagle Scouts in Surry County, dedicated pharmacist at Bridge Street Pharmacy, active in the Elkin First Presbyterian Church, serves in numerous local civic organizations.

Chairman Hunter and Commissioner Harrell presented the

following resolution to the Dr. Eldon Hudson Parks family. RESOLUTION HONORING THE LIFE OF DR. ELDON HUDSON PARKS

WHEREAS, the Surry County Board of Commissioners

wish to honor and publicly recognize community leaders who have given unselfishly of their time and dedicated their lives to Surry County; and

WHEREAS, Dr. Eldon Hudson Parks was active in his

community in many ways serving as a Chairman and member of the Elkin City Schools Board of Education, Chairman, member of the Hugh Chatham Memorial Hospital Board of Trustees and a member of the First Baptist Church of Elkin; and ,

WHEREAS, Dr. Parks was notable for being involved

in business affairs while serving as a member and Vice-Chairman of the Board of the Yadkin Valley Bank and Trust Company and a charter member of Surry County Committee of 100; and

WHEREAS, Dr. Parks was active in the promotion of

oral health in our area and North Carolina; and

WHEREAS, Dr. Parks life was characterized by humility, the Golden Rule, and love of people; and

WHEREAS, as a leader in the community, his style

was always courteous, thoughtful, and patient, yet with a progressive spirit; and

WHEREAS, the life and career of Dr. Eldon Hudson

Parks serves as a hallmark for all citizens and officials of this county, state and country, and his genuinely kind and respectful demeanor will be greatly missed by all;

Meeting of March 19, 2007 Continued 8592

NOW, THEREFORE, BE IT RESOLVED that the Surry County Board of Commissioners expresses its sincere appreciation and respect for the life and career of Dr. Eldon Hudson Parks and expresses its heartfelt condolences to his family and the many others who held him in the highest regard and esteem.

_______________________________________ Commissioner Harrell made a motion to reappoint Buck Buckner, Melvin Jackson and Joey White to the Planning Board and reappoint Frank Beals to the Recreation Advisory Committee. The motion was seconded by Commissioner Johnson with an amendment being made to the original motion. Commissioner Johnson voted to amend the original motion and approve the following reappoints:

Reappoint Teresa Harbour, Annalisa Davis, Brenda Holbrook, Gilda Pruitt, Virginia Rogers, Wayne Black, Donna Collins, Pat Younger, Franklin Marquet, Phyllis Carter, Judy Gilley, Linda Gatchel, Don Belle, and Shirley Nichols.

Reappoint David Greene to the Nursing Adult Care Homes Community Advisory Committee.

Reappoint Susie Hooker to the Nursing Adult Care Homes Community Advisory Committee.

Commissioner Miller seconded the amended motion. The Board voted on the amended motion and the vote was

unanimous. The Board voted on the original motion and the vote was unanimous. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to appoint Walter White to the serve on the Surry County Board of Adjustments. _______________________________________ Chairman Hunter asked Dr. Barry Shepherd to brief the Board on a need for classrooms at the Elkin Elementary School. Dr. Shepherd stated that the Elkin Elementary School is overcrowded and a study committee had looked at options. Dr. Shepherd stated that the study committee would like to put an eight-classroom mega modular unit on a paved lot at the school to be used for a stand alone middle school. School Board Members stated there was a need for additional space at the school. The Board discussed their reluctance regarding putting a mobile unit at the school. Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to approve the Elkin City Schools to proceed with the lease of

Meeting of March 19, 2007 Continued 8593

a mega modular classroom unit at the Elkin Elementary School on a 72-month lease purchase plan. _______________________________________ The Board discussed the Graham Park located across from the old Jones School property. There was a promissory note between Surry County and Friends of Baseball for $15,000. Friend of Baseball had taken the monies and made improvements to Graham Park. The Friend of Baseball group was no longer in existence. Reeves Community Center had made the first payment of $3,000. The City of Mount Airy had made the second and third payments in the amount of $6,000. The City of Mount Airy had given the County a hold harmless insurance agreement. The Board discussed a potential lease agreement with the City of Mount Airy and the County of Surry for the usage at Graham Field. It was the consensus of the Board for the County Attorney to work with the City of Mount Airy on a lease agreement. _______________________________________ Commissioner Hamlin presented a letter praising Colonel Don Belle and staff for all their hard work and dedication. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to go into closed session to discuss personnel and legal matters. _______________________________________ The Board came out of closed session and resumed regular business. _______________________________________

Upon motion of Commissioner Harrell, seconded by

Commissioner Johnson, the Board voted unanimously for the County Attorney to begin the collection process for monies that Surry County provided to the Pilot Restoration Committee for restoration at the Pilot Mountain Auditorium. The funds were not used for restoration. _______________________________________

There was no further business to come before the

Board. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to adjourn at 8:50 p.m. _______________________________________

_____________________ Conchita Atkins Clerk to the Board

8594

Surry County Board of Commissioners Meeting of April 2, 2007

The Surry County Board of Commissioners met in regular session at 6:00 p.m. on April 2, 2007. The meeting was held in the County Commissioners’ Meeting Room, Surry County Government Center, Dobson, North Carolina. Board members present for the meeting were Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, and Commissioner Jim Harrell, Jr. Chairman Craig Hunter was unable to attend due to a conflict and Commissioner Jimmy Miller was unable to attend due to illness. Vice-Chairman Paul Johnson presided over the meeting. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Conchita Atkins, Clerk to the Board

Betty Taylor, Assistant County Manager for Budget and Finance

Sandy Snow, Human Resources Officer Wayne Black, Social Services Director

Mike Wetzel, Parks, Recreation and Maintenance Director

Jack Gardin, Water and Sewer Projects Coordinator John Shelton, Emergency Services Director Roger Shore, Communications Director News Media Other Citizens ________________________________________ Vice-Chairman Johnson called the meeting to order. Commissioner Hamlin delivered the invocation and led the Pledge of Allegiance. ________________________________________ Vice-Chairman Johnson requested the Board to consider the minutes of the March 19, 2007 meeting. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve the minutes. _______________________________________________

Vice-Chairman Johnson requested that the Board consider the consent agenda. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve the following consent agenda items: Requests by the County Manager:

1. Appoint Janet Pearson to replace Robbie Earnhart on the Natural Resources Committee.

2. Approve the following proclamation:

Meeting of April 2, 2007 Continued 8595

PROCLAMATION FOR CHILD ABUSE AND NEGLECT PREVENTION MONTH

IN SURRY COUNTY

WHEREAS, child abuse and neglect is a community problem and finding solutions depends on involvement among people throughout the community; and

WHEREAS, approximately five million children are reported as abused or neglected in this country each year; and

WHEREAS, approximately 111,000 children are reported as

abused or neglected in North Carolina each year; and

WHEREAS, approximately 800 children are reported as

abused or neglected in Surry County each year; and

WHEREAS, 37 children were victims of child abuse homicide

in North Carolina during the year 2005; and WHEREAS, the effects of child abuse and neglect are felt

by whole communities and need to be addressed by the entire community; and

WHEREAS, effective child abuse and neglect prevention

programs succeed because of partnerships created among social service agencies, schools, religious and civic organizations, law enforcement agencies, and the business community; and

WHEREAS, all citizens should become aware of the negative

effects of child abuse and neglect and the need for prevention within the community and become involved in supporting parents to raise their children in a safe, nurturing environment;

NOW, THEREFORE, the Surry County Board of Commissioners does hereby proclaim April, 2007 to be “Child Abuse and Neglect Prevention Month” in Surry County and calls upon citizens, community agencies, religious organizations, medical facilities, and businesses to increase their participation in our efforts to prevent child abuse and neglect, thereby strengthening the communities in which we live. ADOPTED this 2nd day of April, 2007.

Requests from the Assistant County Manager for Budget and Finance:

1. Approve the following small equipment items, for

the Health and Nutrition Center, be funded from the Smart Start, Chronic Care and Bio-Terrorism grants: 3 laptops, 2 computers, 1 laser printer, and 1 Polycom Unit (Conferencing equipment for command center).

2. Approve the Fire Marshal to purchase a color laser jet printer.

3. Approve Surry County to transfer the following items to the Surry County Schools under the Sales

Meeting of April 2, 2007 Continued 8596

Tax Recovery Policy: 2007 Ford van, 32 security cameras and accessories, 29 computers and accessories and cafeteria furniture.

4. Approve the following QZAB resolution:

RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR APPROVAL OF AN INSTALLMENT PURCHASE CONTRACT AUTHORIZED BY SECTION 160A-20 OF THE NORTH

CAROLINA GENERAL STATUTES

WHEREAS, the County of Surry, North Carolina (the “County”) has been requested by the Surry County Schools to issue on its behalf a qualified zone academy bond (as defined in Section 1397E of the Internal Revenue Code of 1986, as amended) to finance certain rehabilitation and repairs, including, without limitation, window replacements, restroom renovations, cafeteria renovations and other related improvements to three (3) school campuses; East Surry High School, Franklin Elementary School, and Pilot Mountain Middle School.

WHEREAS, the Surry County Board of Education has

applied for and received from the North Carolina State Board of Education an allocation of Qualified Zone Academy Bond authority in the amount of $2,000,000 to assist in financing the Improvements; and WHEREAS, the County desires to finance the Improvements by the use of an installment purchase contract authorized under North Carolina General Statute 160A, Article 3, Section 20; and WHEREAS, findings of fact by this governing body must be presented to enable the North Carolina Local Government Commission to make its findings of fact set forth in North Carolina General Statute 159, Article 8, Section 151, prior to approval of the proposed contract. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Surry County meeting in regular session on the 2nd day of April, 2007, makes the following findings of fact:

1. The proposed contract is necessary or expedient to provide the citizens and residents of the County with adequate facilities for services offered by the County.

2. The proposed contract is preferable to a bond issue

for the same purpose, because the cost to issue general obligation bonds would be greater. Further, the cost of the Improvements exceeds the amount that can prudently be raised from available appropriation, unappropriated fund balances, and non-voted bonds that could be issued by the County in the current fiscal year pursuant to Article V, Section 4, of the North Carolina Constitution (the “two-thirds limitation”).

3. The sums to fall due under the contract are not excessive for the proposed purpose based on actual bids awarded and projected costs.

Meeting of April 2, 2007 Continued 8597

4. The County’s debt management procedures and policies are good because the County carries out policies in strict compliance with the law and will continue to provide adequate debt management as directed by the Local Government Commission of North Carolina.

5. If a tax increase is necessary to meet the sums to fall due under the proposed contract, such increase will not exceed 1.0 cent per one hundred dollars valuation and is deemed not to be excessive.

6. The County is not in default in any of its debt service obligations.

7. Attorneys for the County have rendered an opinion that the Improvements are authorized by law and are a purpose for which public funds may be expended pursuant to the Constitution and Laws of North Carolina.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the County Manager, Assistant County Manager for Budget and Finance, Assistant Finance Officer, and County Attorney are hereby authorized to act on behalf of the County of Surry, North Carolina in filing an application with the North Carolina Local Government Commission for approval of the Improvements and the proposed financing contract, to seek bank bids, to publish a notice of public hearing substantially in the form of Exhibit A attached hereto, in a local newspaper of general circulation in the County, and to take such other actions not inconsistent with this resolution. The Board of County Commissioners also ratifies and confirms prior actions not inconsistent with this resolution.

THIS RESOLUTION is effective upon its adoption this the 2nd day of April, 2007.

5. Approve the Finance Office to engage Bob Quick,

Womble, Carlyle as bond counsel for QZAB financing. 6. Approve budget change no. 18 as follows:

The Board of County Commissioners approved an amendment to the FY2006-2007 Budget Ordinance at their meeting on April 2, 2007.

ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT GENERAL FUND EXPENDITURES Access II - Health

1055117 59175 Trans to CP-County Bldgs. (New)

0 161,327 161,327

Increase departmental total.

183,813 161,327 345,140

Senior Services

1055154 51030 Salaries & Wages Part-Time 565,000 (30,000) 535,000 1055154 51720 Contracted Services 450,000 113,076 563,076 1055154 52900 Small Equipment 0 1,100 1,100 1055154 53020 Equipment Maintenance 25,000 24,068 49,068

Meeting of April 2, 2007 Continued 8598

1055154 54400 Advertising 14,000 10,500 24,500 1055154 55500 Dues & Subscriptions 10,000 4,000 14,000 1055154 59175 Trans. To CP-County Bldgs. 570,775 (161,327) 409,448 Decrease departmental

total. 4,959,351 (38,583) 4,920,768

REVENUE 1045117 43324 Access II-Health 183,813 (77,136) 106,677 1045117 49900 Unencumbered Balance (New) 0 238,463 238,463 1045148 48900 Miscellaneous 85,277 (43,146) 42,131 1045148 49900 Unencumbered Balance (New) 0 43,146 43,146 1045154 49900 Unencumbered Balance 500,000 (161,327) 338,673 1045154 42350 Patient Fees-Medicare 1,261,400 44,000 1,305,400 1045154 42352 Patient Fees-Vet. Admin. 60,000 25,000 85,000 1045154 43188 Health & Wellness Trust 0 27,176 27,176 1045154 43396 Aging & Disability

Resource 46,600 26,568 73,168

Increase fund totals. 68,502,50

2 122,744 68,625,246

SCHOOLS' CAPITAL PROJECT'S FUND EXPENDITURES Tharrington Project 6155963 51640 Project Construction 0 7,425 7,425 REVENUE 6145963 49877 Trans. Bond Proc-Tharr. 0 7,425 7,425 Increase fund totals. 9,114,829 7,425 9,122,254 SCHOOLS CAPITAL PROJ. RESERVE FUND EXPENDITURES 6355919 59208 Trans. To CP-Tharr 0 7,425 7,425 REVENUE 6345919 44900 Interest Earned on Invest. 0 7,425 7,425 Increase fund totals. 8,227,108 7,425 8,234,533

7. Approve budget change no. 19 as follows:

The Board of County Commissioners approved an amendment to the FY2006-2007 Budget Ordinance at their meeting on April 2, 2007.

ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT GENERAL FUND EXPENDITURES Emergency Services 1054370 53040 Vehicle Maintenance 110,000 5,648 115,648 Increase departmental

total. 4,025,214 5,648 4,030,862

Non-Departmental

1054199 59510 General Fund Contingency 265,665 (100,000) 165,665 Decrease departmental

total. 527,937 (100,000) 427,937

Transfers to Other Funds 1059810 59250 Trans to CR-Landfill 0 100,000 100,000 REVENUE 1044000 48500 Insurance Refunds 16,045 5,648 21,693 Increase fund totals. 68,625,246 5,648 68,630,894

Meeting of April 2, 2007 Continued 8599

LANDFILL FUND EXPENDITURES Landfill Shop Bldg. (New) 6757423 51500 Professional Services 0 0 0 6757423 51640 Project Construction 0 94,875 94,875 6757423 59500 Contingency 0 5,125 5,125 Increase departmental

total. 0 100,000 100,000

REVENUE 6747423 49800 Transfer from General

Fund 0 100,000 100,000

Increase funds totals. 3,764,613 100,000 3,864,613

Request from the Human Resources Officer: 1. Approve the following retiree resolution of

respect:

RESOLUTION WHEREAS, Deborah M. Williams worked for the Surry County Department of Social Services from February 1, 1990 until her retirement on January 31, 2007; and WHEREAS, Mrs. Williams held the position of Income Maintenance Caseworker II; and WHEREAS, Mrs. Williams performed intake and redetermination functions in Family & Children’s Medicaid and Adult Medicaid, including Long-Term Care and Private Living; and WHEREAS, through her efforts Mrs. Williams enabled thousands of children, older and disabled adults in Surry County to receive needed medical services; and WHEREAS, Mrs. Williams was an active participant in enhancing the efficiency of the Department of Social Services through the FamilyNet initiative and chaired fund raising activities conducted by the local NCSSA Chapter; and WHEREAS, Mrs. Williams was also employed for eight (8) years with the Rockingham County Department of Social Services prior to coming to work for Surry County; and

WHEREAS, Mrs. Williams always maintained professionalism in the performance of her duties and respect for those with whom she worked; and WHEREAS, Deborah Williams has faithfully served Surry County as a caring and conscientious public servant; NOW, THEREFORE, BE IT RESOVED that the Board publicly commends Deborah Williams for her service to the citizens of Surry County and wishes to express its appreciation for her years of dedicated employment; and BE IT FURTHER RESOLVED that the Board extends to Deborah M. Williams its best wishes for many years of happiness during her retirement.

Meeting of April 2, 2007 Continued 8600

ADOPTED this the 2nd day of April, 2007. __________________________________________ Vice-Chairman Johnson then declared the meeting to be an open forum and invited members of the audience to address the Board on any matters of civic concern. No one spoke during open forum. There being no additional comments, Vice-Chairman Johnson closed the open forum, and the Board resumed regular business. ______________________________________ Dr. Gary Tilley, Executive Vice President and Chief Financial Officer for Surry Community College, presented a video clip presentation entitled Responding to the Knowledge Economy. The presentation addressed what it takes to succeed in the new age global economy. _______________________________________ Wayne Black, Social Services Director, addressed the Board regarding approval for Department of Social Services case file to be scanned and uploaded into the computer system. Mr. Black stated that Social Services have boxes of files entailing 900,000 documents stacked up beside walkways with no storage space. Mr. Black stated that the cost to the County would be $27,500 or 50% of the estimated total of $55,000. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve the request. _______________________________________ Mike Wetzel, Parks, Recreation and Maintenance Director, presented the 2007 Goals and Objectives that were set by the Recreation Advisory Committee during their January 8, 2007 meeting, noting that the objectives were provided in no particular priority order. _______________________________________ Mike Wetzel, Parks, Recreation and Maintenance Director, invited the Board of Commissioners to the Yadkin Valley Senior Games on Thursday, May 3, 2007 at 10:00 a.m. _______________________________________ Jack Gardin, Water and Sewer Projects Coordinator, updated the Board on the Mount Airy Meat Center water project. Mr. Gardin discussed looking at ARC paying half the cost with the remaining balance being paid half by the County and half by the owners. Mr. Gardin stated that there would be a need to pick up an additional customer or two. Mr. Garding stated that this was acceptable to the owners provided that should the County extend the water line down Buck Shoals Road, they would want to be refunded their investment. The owners are requesting the County to pay up front the cost and the Mount Airy Meat Center would pay back the loan with interest. It was the consensus of the Board to table the issue until the April 16, 2007 Board meeting.

Meeting of April 2, 2007 Continued 8601

_______________________________________ Jack Gardin, Water and Sewer Projects Coordinator, addressed the Board regarding a request from Ben East requesting assistance with the cost of providing water to his RV campground facility which is being developed. Mr. Gardin stated that the cost would be $79,297. There is $22,000 left over from ARC/Rural Center funding from sewer installation that could be used to reduce the amount to $57,297. Mr. East requested that the City and County equally split the cost which would be $28,648.50. Mr. Gardin also stated that when the campground is complete there would be 150 year round unit sites. Mr. Gardin presented information from the National Association of RV Parks and Campgrounds website regarding economic benefits. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to table the request to the April 16, 2007 meeting. _______________________________________

Vice-Chairman Johnson informed the audience that it was time for the special recognition portion of the agenda. The following individuals were recognized:

Marion Venable for being named Citizen of the Year by

the Greater Mount Airy Chamber of Commerce. John Shelton, Emergency Services Director, and Roger

Shore, Communications Director, recognized Chris Stanley for his commitment, dedication and hard work while obtaining his Emergency Number Professional Certification with a score of 116 of 150. The Board commended Mr. Stanley for being one of only 95 certified Emergency Number Professionals in North Carolina.

Wayne Black, Social Services Director, recognized

Debra Williams for her many years of faithful service to Surry County.

________________________________________ The Board took a fifteen-minutes recess. _______________________________________ The Board resumed regular business. _______________________________________ The County Manager addressed the Board regarding scheduling budget work sessions. It was the consensus of the Board to hold budget work session #1 at 6:30 p.m. on Monday, April 9, 2007 and budget work session #2 at 6:30 p.m. on Thursday, April 19, 2007. _______________________________________ The County Manager discussed the One Stop Permitting/Health Clinic. Mr. Sammons stated there was a delay in getting the dental equipment specifications. The ad for bids will run on Sunday, April 8, 2007 and the bid opening is scheduled for May 7, 2007. _______________________________________

Meeting of April 2, 2007 Continued 8602

The County Manager stated that there will be a Community Dialogue on Domestic on Domestic Violence on Friday, April 20, 2007 from 8:30 a.m. until 4:00 p.m. The dialogue will be held at the Stokes County YMCA. _______________________________________ The County Manager addressed the Board regarding County Assembly Day taking place on Wednesday, May 2, 2007 in Raleigh. The briefing will take place at 8:30 a.m. with a reception around 5:00 p.m. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to go into closed session to discuss personnel and property matters. _______________________________________ The Board came out of closed session and resumed regular business. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve the following personnel request:

Approve a one-step merit increase for employee in position no. 437010.

Approve a one-step merit increase for employee in position no. 438003

To delete a part-time Tax Collection Clerk (position #414106) and a part-time Reappraisal Secretary (position #414032) and create and fill a full-time Tax Clerk IV, Grade 59, effective immediately.

________________________________________

Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously for the

County Manager to write a letter to the General Assembly opposing the Solid Waste Management Act and exempt adjacent tracts of land next to the existing landfill from Landfill permitting requirements. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously for the County Manager to check on making the Parks and Recreation Director position separate from the Building and Grounds Director position. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to amend the Personnel Ordinance adopted on November 3, 2003 by making the following changes to Appendix A, Position Classification Plan, effective July 1, 2007:

Reclassify Parks and Recreation Director and Human Resources Officer to Grade 75.

_______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to recess

Meeting of April 2, 2007 Continued 8603

until Monday, April 9, 2007-6:30 p.m. for a budget work session. The meeting ended at 9:20 p.m. _______________________________________

_____________________ Macon C. Sammons, Jr. County Manager

8604

Surry County Board of Commissioners Meeting of April 9, 2007

The Surry County Board of Commissioners met in regular session at 6:30 p.m. on April 9, 2007 for a budget work session and other County business. The meeting was held at the Surry Government Center, 118 Hamby Road, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, and Commissioner Jim Harrell. Commissioner Jimmy Miller was unable to attend due to illness. _______________________________________ Others present for the meeting at various times, were: Macon C. Sammons, Jr., County Manager Betty Taylor, Assistant County Manager for Budget and Finance Various Department Heads Other Citizens _______________________________________ Chairman Hunter called the meeting to order at 6:30 p.m. _______________________________________ The Board discussed the North Surry gym project. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to add $3,000 to the North Surry gym project, if necessary for HVAC. _______________________________________ Eddie Brown, Shoals Recreation, updated the Board on a master plan for the Shoals Community Park. _______________________________________ Commissioner Johnson entered the meeting at 7:05 p.m. _______________________________________ Upon motion of Commissioner Johnson, seconded by Chairman Hunter, the Board voted unanimously to table the Shoals Community Park project until the April 19, 2007 budget work session to allow further consideration. _______________________________________ The following departments presented budget requests: Inspections, Elections, Management Information Services, Planning, Sheriff’s Office, Tax, Parks, Recreation and Maintenance, Emergency Services, Cooperative Extension and Social Services. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to approve payment of $11,127 invoices for the Pilot Auditorium demolition. _______________________________________

Meeting of April 9, 2007 Continued 8605

Upon motion of Commissioner Johnson, seconded by Commissioner Hamlin, the Board voted unanimously to adjourn at 11:20 p.m. ____________________________________ _____________________ Macon C. Sammons, Jr. County Manager

8606

Surry County Board of Commissioners Meeting of April 16, 2007

The Surry County Board of Commissioners met in regular session at 6:00 p.m. on April 16, 2007. The meeting was held in the County Commissioners’ Meeting Room, Surry County Government Center, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, Commissioner Jim Harrell, Jr. and Commissioner Jimmy Miller. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Conchita Atkins, Clerk to the Board Edwin Woltz, County Attorney

Betty Taylor, Assistant County Manager for Budget and Finance

Sandy Snow, Human Resources Officer Wayne Black, Social Services Director Carolyn Comer, Register of Deeds Joyce Gillespie, Register of Deeds Jerry Snow, Public Works Director Public Works Employees News Media Other Citizens ________________________________________ Chairman Craig Hunter called the meeting to order. Chairman Craig Hunter delivered the invocation and led the Pledge of Allegiance. ________________________________________ Chairman Hunter requested the Board to consider the minutes of the April 2 & 9, 2007 meetings. Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to approve the minutes. _______________________________________________ Chairman Hunter requested that the Board consider the consent agenda. Upon motion of Commissioner Miller, seconded by Commissioner Hamlin, the Board voted unanimously to approve the following consent agenda items: Requests by the County Manager:

1. Approve the renewal of the Hauling Agreement between Transport Objectives and the County of Surry.

2. Approve the reappointment of Dr. Terry Warren to the Board of Health with the term expiring January 21, 2010.

3. Approve the following from the Tax Department: Total releases for the month ending 03/31/2007 in the amount of $31,254.72.

Total refunds for the month ending 03/31/2007 in the amount of $26,525.15.

Total real and personal property discoveries for the month ending 03/31/2007 in the amount of $39,931.77.

Meeting of April 16, 2007 Continued 8607

Total motor vehicles discoveries for the month ending 03/31/2007 in the amount of $1,740.58.

Collect January 2007 motor vehicle renewals in the amount of $533,997.26.

Request from the Human Resources Officer:

1. Approve the Management Information Technology

Director’s residency waiver be extended until August 1, 2007.

Request from the Planning Director: 1. Approve the Tracy E. Wood final one-lot

subdivision. ________________________________________

Chairman Hunter then declared the meeting to be an open forum and invited members of the audience to address the Board on any matters of civic concern. Commissioner Johnson commended the Public Works Department for the wonderful job during their demolition of the old Pilot Mountain School Auditorium. There being no additional comments, Chairman Hunter closed the open forum, and the Board resumed regular business. ______________________________________

Jack Gardin, Water and Sewer Projects Coordinator, discussed a request from Ben East for assistance to provide water extension to the Mayberry Campground located in Mount Airy. Mr. Gardin stated that the City of Mount Airy will potentially favor what assistance the County gives. Mr. Gardin presented information on what the investment could bring economically to the area. Mr. Gardin stated that the cost would be $79,297. There is $22,000 left over from the ARC/Rural Center funding from sewer installation that could be used to reduce the amount to $57,297. Mr. East requested that the City and the County equally split the cost, which would be $28,648.50 each.

Upon motion of Commissioner Miller, seconded by

Commissioner Harrell, the Board voted unanimously to fund $28,648.50 for public water for the Mayberry Campground, contingent upon the City of Mount Airy also funding $28,648.50 of the project.

________________________________________ Jack Gardin, Water and Sewer Projects Coordinator,

discussed the request from the Mount Airy Meat Center to extend water to the facility. Mr. Gardin stated that ARC monies are available and Mr. Gardin requested to apply for the funds. Mr. Garding stated the cost of the project would be $69,000 with ARC paying half the costs. The owner is requesting the County fund $17,250 of the project and loan the Mount Airy Meat Center $17,250 up front and they would pay back the loan with interest of .5% over a ten year period.

The Board discussed their concerns on the request and

the entire extension process. Mr. Gardin stated that he

Meeting of April 16, 2007 Continued 8608

felt there is a need for guidelines, especially in view of the district possibility that more of these type requests would be forthcoming.

Wade Johnson, Mount Airy Meat Center co-owner,

discussed the expansion process. Upon motion of Commissioner Johnson, seconded by

Commissioner Hamlin, the Board voted unanimously for the Water and Sewer Projects Coordinator to apply for ARC funds and for the County Manager, Assistant County Manager for Budget and Finance, and the Water and Sewer Projects Coordinator to work with the property owner on the funding of the project.

________________________________________ Chairman Hunter then declared the meeting to be a public hearing for the purpose of hearing comments on Surry County Schools Qualified Zone Academy Bond (QZAB). Betty Taylor, Assistant County Manager for Budget and Finance, discussed the QZAB for Surry County Schools. The QZAB will be used to finance certain rehabilitation and repairs, including without limitation, window replacements, restroom renovations, cafeteria renovations, and other related improvements to three school campuses: East Surry High School, Franklin Elementary School, and Pilot Mountain Middle School. Ms. Taylor stated that the Surry County Board of Education has applied for and received from the North Carolina State Bond of Education an allocation of Qualified Zone Academy Bond authority in the amount of $2,000,000. Chairman Hunter asked for comments from the public. No one spoke on the Surry County Schools QZAB. Chairman Hunter then declared the public hearing closed and asked the Board if they wished to take any action. Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to approve the Qualified Zone Academy Bond. _______________________________________ John Jessup, J. J. Jones Alumni Chapter President, addressed the Board regarding a strategic plan for restoration and community use for the L.H. Jones Auditorium. Mr. Jessup presented some program background information and the current status at the J. H. Jones Auditorium. Mr. Jessup stated that the Alumni Organization had invested money and time toward improvements in the project in the last four years. Mr. Jessup requested the Board consider assisting with improvements of the facility. It was the consensus of the Board for Mr. Jessup to bring a list of needed improvements and their priorities with funding estimates.

_______________________________________ Maxine Reynolds, Family Resources Center Program Coordinator, addressed the Board on recent renovations at

Meeting of April 16, 2007 Continued 8609

the Family Resources Center. Ms. Reynolds stated that there is a need for various areas to be paved or repaved at the Center. Ms. Reynolds submitted copies of maps and estimates for the paving project. The lowest bid was Mike Jones Paving and Grading Company. The Board discussed the request and reviewed the map. It was the consensus of the Board to remove two trees in front of the facility to allow for more parking and for Ms. Reynolds to get with Mike Jones Paving and discuss the additional parking once the trees are removed. _______________________________________ The County Manager presented a request for Surry County to participate in a Seamless Mobility Study of current transit services provided in the Triad Region including the Surry Express service, with the PART Board of Trustees and the North Carolina Department of Transportation. The study is to increase the operating efficiencies of each system and allow all agencies the opportunity to investigate ways to increase the effectiveness of public transit services. The North Carolina Department of Transportation has made the commitment to support the effort with technical and financial resources. Mr. Sammons presented a resolution approving a seamless mobility study of the urban transit systems, complimentary ADA, PART Express and Human Service Transportation Systems in the Triad Region. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to support the following resolution presented by the County Manager: Resolution Approving a Seamless Mobility Study of the Urban Transit Systems, Complimentary ADA, PART Express and the Human Service Transportation Systems in the Triad Region

WHEREAS, public transportation services are provided to the general public by the Cities of Greensboro, High Point and Winston-Salem and the Piedmont Authority for Regional Transportation; and WHEREAS, human services transportation systems are provided by the Cities of Greensboro, High Point and Winston-Salem; the Piedmont Authority for Regional Transportation and all ten counties in the PART territorial jurisdiction; and WHEREAS, the system providers operate on independently planned routes, schedules, fares and policies with limited federal, state and local funding resources; and WHEREAS, the PART Board of Trustees and the North Carolina Department of Transportation do purpose to jointly and cooperatively undertake a Seamless Mobility Study of the urban fixed route, complimentary ADA, and human services transportation systems in the Triad Region to assess the effectiveness of services and to assess the efficient utilization of limited funds to maximize the services for the residents, visitors and guests of these counties; and WHEREAS, the North Carolina Department of Transportation – Public Transportation Division has agreed to provide technical, administrative and financial support.

Meeting of April 16, 2007 Continued 8610

NOW, THEREFORE BE IT RESOLVED, that Surry County Board of Commissioners does hereby approve of a Seamless Mobility Study of all routes, schedules, administrative and operating policies within its service territory, and BE IT FURTHER RESOLVED that a Steering Committee and a Technical Advisory Committee with appropriate representation be created to oversee and guide the study and the members and staff of Surry County will cooperate fully and completely by providing all needed information in a timely manner for a successful completion of the study. _______________________________________ The County Manager stated, in the fall of 2006, County Department Heads began to consider a Code of Ethics for County employees. A committee was formed of Carolyn Comer, Register of Deeds, Mike Wetzel, Parks, Recreation and Maintenance Director, John Shelton, Emergency Services Director, and Wayne Black, Social Services Director. Mr. Sammons asked Wayne Black, Social Services Director and Committee Convener, to present the proposed Code of Ethics for Surry County employees. Wayne Black, Social Services Director, presented the Code of Ethics and recommended the following steps:

The Code of Ethics be reviewed and signed by all current employees within a set time frame.

The Code of Ethics be reviewed and signed by all new employees as a component of orientation.

The Code of Ethics will be reviewed with each employee at the time of their annual performance evaluation.

A framed copy be given and displayed in each department.

The Board discussed the number order of the Code of

Ethics provisions and edited the order slightly. Upon motion of Commissioner Harrell, seconded by

Commissioner Hamlin, the Board voted unanimously to approve the Surry County Code of Ethics. All County employees and the members of the Board of County Commissioners will sign a copy of the Code of Ethics. _______________________________________

The County Manager presented a request for the Sheriff’s Office to apply for a non-matching State Criminal Alien Assistance Program Grant. Mr. Sammons requested permanent approval to apply for this full reimbursement grant monies in future years.

Upon motion of Commissioner Johnson, seconded by

Commissioner Miller, the Board voted unanimously to approve the grant with standing approval in the future.

_______________________________________

Chairman Hunter informed the audience that it was time for the special recognition portion of the agenda. The following individuals were recognized:

Meeting of April 16, 2007 Continued 8611

Carolyn Comer and Joyce Gillespie, Register of Deeds Office, for being graduates of the inaugural 2006-2007 Advanced Register of Deeds Program.

Surry County Public Works Department and Jerry Snow,

Public Works Director, for the efforts involved in the demolition of the dilapidated old Pilot School Auditorium and for the preparation of the site for future public use. _______________________________________ The County Manager reminded the Board of County Assembly Day in Raleigh on Wednesday, May 2, 2007. Mr. Sammons stated this will be a day long Lobby Day to address the General Assembly on issues of concern. _______________________________________ The County Manager addressed the Board regarding a proposed Stokes County Veteran’s Health Care Multi-County-Community Based Outpatient Clinic formed by the Stokes Health Services Alliance. Stokes County is looking into a multi-county Veteran Administration clinic which would be located in Stokes County, to serve all veterans in a five county-plus area. The County Manager asked the Board for support of a resolution for a new Veterans Clinic in King. Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to approve the following resolution:

Resolution Supporting a New Veterans Clinic in King, NC

WHEREAS, it has been brought to the attention of the Surry County Board of Commissioners that new veterans clinics are being opened around the United States; and

WHEREAS, there are many veterans in Surry County and surrounding counties who must drive an hour or more distance to the nearest VA medical facility; and

WHEREAS, due to the number of veterans in our area, The Stokes Health Service Alliance has formed a committee to obtain a Veteran’s Health Care Multi-County Community Based Outpatient Clinic in the City of King.

NOW, THEREFORE, BE IT NOW RESOLVED, that the Surry County Board of Commissioners hereby supports the request that Stokes County and the City of King be given every consideration as a location for a new Veteran’s Health Care Multi-County Community Based Outpatient Clinic.

BE IT FURTHER RESOLVED, that the Surry County Board of Commissioners hereby authorizes correspondence and a copy of this Resolution be forwarded to the appropriate officials who might support the location of such a facility in Stokes County. _______________________________________ The County Manager addressed the Board regarding a resolution in support of House Bill 127 and Senate Bill 208 which supports the Clean Water Act of 2007.

Meeting of April 16, 2007 Continued 8612

Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to support the following resolution:

Resolution of Support for the Clean Water Act of 2007

WHEREAS, North Carolina’s continued prosperity depends on protecting the State’s water resources for current use and future generations; and WHEREAS, North Carolina is expected to grow by 3.5 million people to exceed 12 million by the year 2030, placing pressures on the State’s water resources and local water providers; and WHEREAS, North Carolina’s businesses, traditional and emerging industries all depend on reliable supplies of clean water, reasonable utility costs, well maintained water infrastructure and an attractive natural environment; and, WHEREAS, the 1998 Clean Water Bonds delivered significant benefits to North Carolina communities and citizens, supporting 1,103 projects in 97 counties, which

Helped create or retain 42,000 jobs Corrected major regulatory violations in 97 communities

Addressed failing septic systems and contaminated wells in 59 counties

Resulted in 50 communities receiving sewer service for the first time

Encouraged regional efficiencies, sound planning and conservation practices; and,

WHEREAS, North Carolina’s public water, sewer and storm water utilities will require investments totaling $16.63 billion to keep pace with necessary improvements and population growth over the next 25 years, including $6.85 billion in investments within the next five years; NOW THEREFORE BE IT RESOLVED that the Surry County Board of Commissioners urges the North Carolina General Assembly to enact the “Clean Water Act of 2007”, which provides for a $500 million bond issue to be expended over the next five years, and an annual appropriation of $50 million in recurring funding to address urgent needs. _______________________________________ The County Manager reminded the Board of the upcoming Local Officials Round table on Thursday, May 10, 2007 at the Pilot Knob Country Club. There will be a social at 6:00 p.m. and the meeting will begin at 6:30 p.m. Potential speakers will be Don Kirkman with Piedmont Triad Partnership and an Senior Official from the Dell Corporation. _______________________________________ The County Manager updated the Board on the construction and renovation project at North Surry High School. _______________________________________

Meeting of April 16, 2007 Continued 8613

The County Manager discussed the closure of Triumph, LLC. The facility is associated with Crossroads Behavioral Healthcare. The County Manager and Commissioner Harrell discussed steps being taken by Crossroad Behavioral Healthcare to maintain essential services. _______________________________________ The Assistant County Manager for Budget and Finance presented a request from the Parks, Recreation and Maintenance Department regarding adding a 1998 Chevrolet Truck to the department’s fleet. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to approve the request. _______________________________________ The Assistant County Manager for Budget and Finance presented two invoices for the old Pilot School Auditorium in the amount of $6,389. Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to approve payment of the invoices. _______________________________________ The Assistant County Manager for Budget and Finance presented a request from Emergency Services for replacement for a 911 server and software. The monies would come from the E-911 budget. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to approve the replacement of a 911 server and software with the funding coming from the E-911 budget. _______________________________________ The Board took a ten-minute recess. _______________________________________ The Board resumed regular business. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to go into closed session to discuss personnel and property matters. _______________________________________ The Board came out of closed session and resumed regular business. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to approve a one-step merit increase for employee in position number 516001 for the duration of the grant. _______________________________________ Upon motion of Commissioner Hamlin, seconded by Commissioner Miller, the Board voted unanimously to approve a one-step merit for employees in position numbers 414012 and 414009, effective April 1, 2007.

Meeting of April 16, 2007 Continued 8614

_______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to increase the salary of employee in position number 413014 by approximately 10% for the duration as the time serving as Interim Parks, Recreation and Maintenance Director. _______________________________________ Upon motion of Commissioner Hamlin, seconded by Commissioner Johnson, the Board voted unanimously to authorize the County Attorney to obtain quotes for a survey on the Terrell property, engage in a survey, and negotiate a lease agreement with Mr. Terrell. _______________________________________ The County Manager and Board discussed the County’s involvement on the Economic Development Partnership Board. The Board would like to have additional representation on the EDP Board and be more involved with the Board’s decisions. _______________________________________ The Board discussed a property located in Dobson near the Judicial Center. It was the consensus of the Board to obtain more information on the property and discuss at a later date. _______________________________________ The Board discussed a property located off Highway 601 along the Fisher River that is presently being used as a junk yard. The County Manager has discussed with the Local Ordinance Officer and will address with the Local Ordinance Officer again. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to approve the Sons of Confederate Veterans to fly the First National Confederate Flag at the Historic Courthouse on May 5, 2007. _______________________________________ The County Manager presented a 2007-2008 Surry County Schools current expense request and a regular capital outlay request. The Board will discuss at the May 19, 2007 budget work session. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to recess until April 19, 2007 at 6:30 p.m., Government Center, for a budget work session and other County business. _______________________________________ _____________________ Conchita Atkins Clerk to the Board

Meeting of April 16, 2007 Continued 8615

8615

Surry County Board of Commissioners Meeting of April 19, 2007

The Surry County Board of Commissioners met in regular session at 6:30 p.m. on April 19, 2007 for a budget work session and other County business. The meeting was held at the Surry Government Center, 118 Hamby Road, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, and Commissioner Jimmy Miller. Commissioner Jim Harrell, Jr. was unable to attend. _______________________________________ Others present for the meeting at various times, were: Macon C. Sammons, Jr., County Manager Betty Taylor, Assistant County Manager for Budget and Finance Various Department Heads Various School and College Officials Other Citizens _______________________________________ Chairman Hunter called the meeting to order at 6:40 p.m. _______________________________________ Upon motion of Commissioner Miller, seconded by Commissioner Hamlin, the Board voted unanimously to approve the following:

Approve the Finance Office to transfer a Microfilm Reader and Imaging Software to the Surry County Schools.

Approve the Health and Nutrition Center Department to purchase a computer with State dollars.

Approve budget change no. 20 as follows: The Board of County Commissioners approved an amendment to the FY2006-2007 Budget Ordinance at their meeting on April l9, 2007. ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT GENERAL FUND EXPENDITURES Rabies Control

1054380 51010 Salaries & Wages 138,519 15,500 154,019 Increase departmental

total. 331,250 15,500 346,750

Recreation 1056120 57464 Millennium Charter

Academy 0 88,500 88,500

Increase departmental total.

396,865 88,500 485,365

REVENUE 1044000 49900 Unencumbered Balance 3,986,725 88,500 4,075,225 1044380 44112 Animal Control Fees 6,000 6,000 12,000 1044380 44115 Animal Control Citations 500 500 1,000 1044380 44595 Donations 0 3,000 3,000

Meeting of April 19, 2007 Continued 8616

1044380 48160 Pet Adoptions 10,000 6,000 16,000 Increase fund totals. 68,630,894 104,000 68,734,894 SCHOOLS CAPITAL OUTLAY FUND EXPENDITURES 3655912 57025 Co Sch.-N. Surry Gym

(re-name) 0 100,000 100,000

3655912 57168 Elkin Schools Mobiles 51,540 183,979 235,519 REVENUE 3645912 49845 Trans. from CR-Elkin

Mobiles 51,540 183,979 235,519

3645912 49825 Trans. from CR-N. Surry Gym (re-name)

0 100,000 100,000

Increase fund totals. 2,114,212 283,979 2,398,191 SCHOOLS CAPITAL RESERVE FUND EXPENDITURES 3755918 59135 Trans. To Co-N. Surry

Gym (re-name) 0 100,000 100,000

3755918 59169 Trans. to Co-Elkin Mobiles

51,540 183,979 235,519

REVENUE 3745918 49900 Unencumbered Balance 606,338 283,979 890,317 Increase fund totals. 4,168,930 283,979 4,452,909

Approve budget change no. 21 as follows:

The Board of County Commissioners approved an amendment to the FY2006-2007 Budget Ordinance at their meeting on April 19, 2007. ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT SPECIAL TAX DISTRICTS EXPENDITURES 4055916 57500 Elkin City Schools 838,470 38,000 876,470 4155915 55300 Mount Airy City Schools 1,000 1,000 2,000 4155915 57500 Mount Airy City Schools 787,904 36,000 823,904 4254381 57500 Aarat Fire 84,240 5,900 90,140 4354382 57500 Bannertown Fire 176,549 18,000 194,549 4454384 57500 C.C. Camp Fire 102,156 6,400 108,556 4554383 55300 Central Surry Fire 200 2,000 2,200 4554383 57500 Central Surry Fire 156,686 4,000 160,686 4654385 55300 Four-Way Fire 300 200 500 4654385 57500 Four-Way Fire 189,034 7,800 196,834 4754386 55300 Franklin Fire 300 500 800 4754386 57500 Franklin Fire 282,473 11,000 293,473 4854387 57500 Jot-um Down Fire 93,517 8,000 101,517 4954388 57500 Mountain Park Fire 112,690 8,000 120,690 5054389 55300 Pilot Knob Fire 200 300 500 5054389 57500 Pilot Knob Fire 117,203 8,200 125,403 5154390 57500 Shoals Fire 83,689 5,000 88,689 5254391 55300 Skull Camp Fire 200 500 700 5254391 57500 Skull Camp Fire 153,773 6,500 160,273 5354392 55300 South Surry Fire 200 300 500 5354392 57500 South Surry Fire 135,202 8,700 143,902 5454393 57500 State Road Fire 74,062 8,000 82,062 5554394 55300 Westfield Fire 200 200 400 5554394 57500 Westfield Fire 61,765 4,800 66,565 5654395 55300 White Plains Fire 200 200 400 5654395 57500 White Plains Fire 152,793 7,800 160,593 REVENUE 4045916 41100 Elkin City Schools 820,470 30,000 850,470 4045916 41101 Elkin City Schools 10,000 1,000 11,000 4045916 41102 Elkin City Schools 4,000 3,000 7,000 4045916 41700 Elkin City Schools 5,000 4,000 9,000

Meeting of April 19, 2007 Continued 8617

4145915 41100 Mount Airy City Schools 767,904 30,000 797,904 4145915 41101 Mount Airy City Schools 11,000 3,000 14,000 4145915 41102 Mount Airy City Schools 5,000 2,000 7,000 4145915 41700 Mount Airy City Schools 5,000 2,000 7,000 4244381 41100 Ararat Fire 81,740 5,000 86,740 4244381 41101 Ararat Fire 1,500 500 2,000 4244381 41102 Ararat Fire 500 200 700 4244381 41700 Ararat Fire 800 200 1,000 4344382 41100 Bannertown Fire 171,149 16,000 187,149 4344382 41101 Bannertown Fire 3,000 1,000 4,000 4344382 41102 Bannertown Fire 1,400 200 1,600 4344382 41700 Bannertown Fire 1,200 800 2,000 4444384 41100 C.C. Camp Fire 99,556 4,000 103,556 4444384 41101 C.C. Camp Fire 1,200 1,000 2,200 4444384 41102 C.C. Camp Fire 600 400 1,000 4444384 41700 C.C. Camp Fire 1,000 1,000 2,000 4544383 41100 Central Surry Fire 148,886 5,000 153,886 4544383 41101 Central Surry Fire 4,000 1,000 5,000 4644385 41100 Four-Way Fire 181,334 4,000 185,334 4644385 41101 Four-Way Fire 4,000 2,000 6,000 4644385 41102 Four-Way Fire 2,000 1,000 3,000 4644385 41700 Four Way Fire 2,000 1,000 3,000 4744386 41100 Franklin Fire 273,273 6,000 279,273 4744386 41101 Franklin Fire 6,000 1,000 7,000 4744386 41102 Franklin Fire 1,500 3,500 5,000 4744386 41700 Franklin Fire 2,000 1,000 3,000 4844387 41100 Jot-um Down Fire 90,717 6,000 96,717 4844387 41101 Jot-um Down Fire 1,500 1,000 2,500 4844387 41700 Jot-um Down Fire 500 1,000 1,500 4944388 41100 Mountain Park Fire 108,490 4,000 112,490 4944388 41101 Mountain Park Fire 2,500 2,000 4,500 4944388 41102 Mountain Park Fire 1,000 1,000 2,000 4944388 41700 Mountain Park Fire 1,000 1,000 2,000 5044389 41100 Pilot Knob Fire 115,403 5,000 120,403 5044389 41101 Pilot Knob Fire 1,000 2,000 3,000 5044389 41102 Pilot Knob Fire 500 500 1,000 5044389 41700 Pilot Knob Fire 500 1,000 1,500 5144390 41100 Shoals Fire 82,389 3,500 85,889 5144390 41102 Shoals Fire 500 1,000 1,500 5144390 41700 Shoals Fire 500 500 1,000 5244391 41100 Skull Camp Fire 146,973 4,000 150,973 5244391 41101 Skull Camp Fire 4,000 1,000 5,000 5244391 41102 Skull Camp Fire 1,500 1,000 2,500 5244391 41700 Skull Camp Fire 1,500 1,000 2,500 5344392 41100 South Surry Fire 129,402 4,000 133,402 5344392 41101 South Surry Fire 3,500 2,000 5,500 5344392 41102 South Surry Fire 1,000 2,000 3,000 5344392 41700 South Surry Fire 1,500 1,000 2,500 5444393 41100 State Road Fire 72,862 5,000 77,862 5444393 41101 State Road Fire 800 1,000 1,800 5444393 41102 State Road Fire 200 1,000 1,200 5444393 41700 State Road Fire 300 1,000 1,300 5544394 41100 Westfield Fire 59,965 2,000 61,965 5544394 41101 Westfield Fire 1,000 1,000 2,000 5544394 41102 Westfield Fire 500 1,000 1,500 5544394 41700 Westfield Fire 500 1,000 1,500 5644395 41100 White Plains Fire 147,993 4,000 151,993 5644395 41101 White Plains Fire 2,500 1,500 4,000 5644395 41102 White Plains Fire 1,500 500 2,000 5644395 41700 White Plains Fire 1,000 2,000 3,000 Increase Special District

totals by $197,300.

________________________________________ The Board heard budget presentations from the Public Works Department and the Health and Nutrition Center. _______________________________________ Commissioner Johnson entered the meeting at 7:00 p.m. _______________________________________ The Board heard budget presentations from the Veterans Administration Department and the Register of Deeds.

Meeting of April 19, 2007 Continued 8618

_______________________________________ Dr. Frank Sells, Surry Community College President, presented the Surry Community College budget. _______________________________________ The Elkin City School System presented their FY 08 budget. _______________________________________ The Mount Airy City School System presented their FY 08 budget. _______________________________________ The Surry County School System presented their FY 08 budget. _______________________________________ Upon motion of Commissioner Hamlin, seconded by Commissioner Miller, the Board voted to schedule a budget work session for 6:30 p.m. on May 3 and May 24, 2007 and to reschedule the regular June 4, 2007 board meeting to Thursday, June 7, 2007. _______________________________________ Upon motion of Commissioner Hamlin, seconded by Commissioner Miller, the Board voted unanimously to recess until 6:30 p.m. on May 3, 2007 for budget work session no. 3. _______________________________________ The meeting ended at 10:30 p.m. _______________________________________ _____________________ Macon C. Sammons, Jr. County Manager

8619

Surry County Board of Commissioners Meeting of May 3, 2007

The Surry County Board of Commissioners met in regular session at 6:30 p.m. on May 3, 2007 for a budget work session and other County business. The meeting was held at the Surry Government Center, 118 Hamby Road, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Commissioner Bill Hamlin, Commissioner Jim Harrell and Commissioner Jimmy Miller. Vice-Chairman Paul Johnson was unable to attend. _______________________________________ Others present for the meeting at various times, were: Macon C. Sammons, Jr., County Manager Betty Taylor, Assistant County Manager for Budget and Finance Various Outside Agencies _______________________________________ Chairman Hunter called the meeting to order at 6:30 p.m. _______________________________________ Tanya Jones, Surry Arts Council, presented the Surry Arts Council FY 08 budget request. _______________________________________ Commissioner Harrell entered the meeting at 6:45 p.m. _______________________________________ Jim Shepherd and Judy Hancock presented the Foothills Arts Council FY 08 budget request. _______________________________________ Jack Moore presented the Juvenile Crime Prevention Council’s FY 08 budget request. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve the FY 08 Juvenile Crime Prevention Council grant requests. _______________________________________ John Hedrick, Director, presented the Northwestern Regional Library FY 08 budget request. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to designate May 15th as Surry County Peace Officers Day and approve the following proclamation:

PROCLAMATION DESIGNATING MAY 15 AS SURRY COUNTY PEACE OFFICERS

MEMORIAL DAY AND THE CALENDAR WEEK IN WHICH MAY 15 FALLS AS SURRY COUNTY PEACE OFFICERS WEEK

Whereas, the Congress and President of the United States have designated May 15 as National Peace Officers Memorial Day, and the calendar week in which May 15 falls as National Police Week; and

Meeting of May 3, 2007 Continued 8620

Whereas, the members of the law enforcement agencies of Surry County play an essential role in safeguarding the rights and freedom of Surry County; and Whereas, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agencies, and that members of our law enforcement agencies recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and Whereas, the men and women of the law enforcement agencies of Surry County unceasingly provide a vital public service; Now, therefore, the Surry County Board of Commissioners call upon all citizens of Surry County and upon all patriotic, civic and educational organizations to annually observe the calendar week in which May 15 falls as Surry County Peace Officers Week with appropriate ceremonies and observances in which all of our people may join in commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. The Surry County Board of Commissioners call upon all citizens of Surry County to annually observe May 15, as Surry County Peace Officers Memorial Day in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes, by lowering our flags to half staff on May 15th of each year, as required by Public Law 103-322. Be It Resolved that the calendar week in which May 15th falls in all future years shall be known as Surry County Peace Officers Week in Surry County. All citizens are encouraged to participate in the annual special memorial programs and/or services. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to approve a $5,369.62 change order for the North Surry High School Gymnasium project. _______________________________________ The County Manager distributed the County of Ethics to each County Commissioner for their signatures. _______________________________________ The Board discussed special tax districts. _______________________________________ Commissioner Miller left the meeting at 8:40 p.m. _______________________________________

Meeting of May 3, 2007 Continued 8621

Upon motion of Commissioner Hamlin, seconded by Chairman Hunter, the Board voted unanimously to adjourn at 9:05 p.m. _______________________________________ _____________________

Macon C. Sammons, Jr. County Manager

8622

Surry County Board of Commissioners Meeting of May 7, 2007

The Surry County Board of Commissioners met in regular session at 6:00 p.m. on May 7, 2007. The meeting was held in the County Commissioners’ Meeting Room, Surry County Government Center, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, Commissioner Jim Harrell, Jr. and Commissioner Jimmy Miller. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Conchita Atkins, Clerk to the Board Edwin Woltz, County Attorney

Betty Taylor, Assistant County Manager for Budget and Finance

Chris Knopf, Planning Director Wayne Black, Social Services Director Leslie Eldridge, Social Work Program Manager News Media Other Citizens ________________________________________ Chairman Hunter arrived at 6:04 p.m. _______________________________________ Vice-Chairman Johnson called the meeting to order. Commissioner Bill Hamlin delivered the invocation and led the Pledge of Allegiance. ________________________________________ Vice-Chairman Johnson requested the Board to consider the minutes of the April 16 & 19, 2007 meetings. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve the minutes. _______________________________________________ Vice-Chairman Johnson requested that the Board consider the consent agenda. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to approve the following consent agenda items: Requests by the County Manager:

1. Approve the Sheriff’s Office to apply for a Federal Grant for new or replacement bullet proof vests.

2. Approve Emergency Services to submit a 2007 USFA Assistant to Firefighters Grant application to assist with a Pictometry Grant.

Requests from the Assistant County Manager for Budget and Finance:

1. Approve the purchase and placement of a sign at the

Human Services Center. 2. Approve Emergency Services to purchase WebEOC

software for E-911. 3. Approve Emergency Services to purchase a laptop to

be used for 911.

Meeting of May 7, 2007 Continued 8623

4. Approve the Management Information Services Department to purchase desks and related furnishings for the MIS offices.

5. Approve the Tax Department to purchase a replacement printer.

Request from the Human Resources Officer: 1. Approve the following retiree resolution of

respect: RESOLUTION

WHEREAS, Louise B. Jones was employed from May 24, 1999 until her retirement on April 30, 2007 as an employee of the Surry County Tax Department; and WHEREAS, Louise Jones held the positions of Tax Collection Clerk, Tax Clerk IV, and Business Property Appraiser, the position she held from December, 2000 until her retirement; and

WHEREAS, Louise Jones was certified by the North Carolina Department of Revenue as a County Personal Property Appraiser on January 17, 2001; and WHEREAS, Mrs. Jones gave freely of her time serving in the roles of President and Vice-President of Western Piedmont Business Personal Property Appraisers, and Secretary/Treasurer for Central Piedmont Business Personal Property Appraisers and the 2005-2006 Tax representative on the Personnel Committee; and WHEREAS, during her years of faithful service, Louise Jones has earned the admiration and respect of her friends, colleagues, and the citizens she has served; and WHEREAS, Louise Jones has faithfully served Surry County as a caring and conscientious public servant; and WHEREAS, the Surry County Board of Commissioners wishes to publicly commend Louise Jones for the untiring execution of her duties. NOW THEREFORE, BE IT RESOLVED that the Board extends to Louise Jones its appreciation and best wishes for many years of happiness during her retirement. _______________________________________ Chairman Hunter then declared the meeting to be an open forum and invited members of the audience to address the Board on any matters of civic concern. Chet Jessup thanked the Board for their recent adoption of a Proclamation Designating May 15th as Surry County Peace Officers Memorial Day and the Calendar Week in which May 15th falls as Surry County Peace Officers Week. There being no additional comments, Chairman Hunter closed the open forum, and the Board resumed regular business. ______________________________________

Meeting of May 7, 2007 Continued 8624

Chairman Hunter then declared the meeting to be a public hearing for the purpose of hearing comments on zoning application ZCR1001. The parcel site is 9.02 acres of tax parcel 4989-02-57-5098. The property owner is James W. Dolinger. The property is currently zoned RA. The petition is to rezone the property to MI. Chris Knopf, Planning Director, presented the facts pertaining to the rezoning and stated that the Planning Board recommends approval of the petition. No one spoke regarding the rezoning. Chairman Hunter then declared the public hearing closed and asked the Board if they wished to take any action. The Board discussed the rezoning. Upon motion of Commissioner Miller, seconded by Commissioner Johnson, the Board voted unanimously to approve the rezoning as presented by the Planning Director. _______________________________________ Chairman Hunter then declared the meeting to be a public hearing for the purpose of hearing comments on zoning application ZCR1002. The parcel site is 0.25 acre of tax parcel 5010-00-15-7748. The property owner is Eva S. Southern. The property is currently zoned RG. The petition is to rezone the property to HB. Chris Knopf, Planning Director, presented the facts pertaining to the rezoning and stated that the Planning Board recommends approval of the petition. No one spoke regarding the rezoning. Chairman Hunter then declared the public hearing closed and asked the Board if they wished to take any action. The Board discussed the rezoning. Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to approve the rezoning as presented by the Planning Director. _______________________________________ The County Manager updated the Board on the One Stop Permitting/Health Clinic building. Mr. Sammons stated that there would be a bid opening for the project on May 8, 2007 at 2:00 p.m. at the Surry County Government Center. Six to eight bidders are expected. Mr. Sammons asked the Board’s consideration to waive all fees for the One Stop Permitting/Health Clinic building project. Upon motion of Commissioner Hamlin, seconded by Commissioner Johnson, the Board voted unanimously to waive all fees for the project. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to appoint

Meeting of May 7, 2007 Continued 8625

Commissioner Hamlin to serve on the Housing Consortium Board replacing Commissioner Harrell. _______________________________________ The County Manager reminded the Board of the Local Elected Officials Dinner on May 10, 2007 at 6:00 p.m. at the Pilot Knob Country Club. Mr. Sammons also reminded the Board of the Pilot Mountain Streetscape in Pilot Mountain at Town Hall, on May 10th from 4:00 p.m. until 6:00 p.m. _______________________________________ The County Manager discussed Medicaid relief. Mr. Sammons stated three weeks ago the House of Representative had sought permanent relief for counties with $100 million budgeted for FY 08 and $154 million budgeted for FY 09. Mr. Sammons stated that all representatives had signed the bill with the exception of the Speaker of the House. Mr. Sammons stated that there is now a draft budget to be released this week with only $60 million for FY 08 and $0 for FY 09. The Board discussed their concerns for Medicaid relief. The Board also discussed a Real Estate Transfer Tax, a State School Bond Referendum, counties having a choice of revenue instead of Real Property Tax. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously for the County Manager to write a letter to the legislators renewing the Board’s request for permanent Medicaid relief, supporting a State School Bond Referendum, and counties having a choice of revenue instead for Real Property Tax. _______________________________________ Upon motion of Commissioner Miller, seconded by Commissioner Harrell, the Board voted unanimously for the County Manager to write a letter to the Legislators and Senate reiterating the Boards’ opposition of the Solid Waste Management Act. _______________________________________ Upon motion of Commissioner Miller, seconded by Commissioner Johnson, the Board voted unanimously to pay two invoices in the amount of approximately $20,200 for the demolition of the Pilot Mountain Auditorium. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to reappoint Clara Coffey, Ann Merlo, Teddy Shelton and Cindy Puckett to the Appearance Commission. _______________________________________ Upon motion of Commissioner Miller, seconded by Commissioner Harrell, the Board voted unanimously to reappoint Fred O’Neal to the Surry Community College Board of Trustees, contingent upon his acceptance. There was further discussion at the end of the meeting regarding the appointment and the question was raised as to whether the appointee should be a sitting County Commissioner or a citizen. After discussion, Board members

Meeting of May 7, 2007 Continued 8626

rescinded the above motion by a majority decision. The appointment will be discussed at a later meeting. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to reappoint Creola Moody to the Jury Commission. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to appoint Jane Riley to serve on the Crossroads Behavioral Healthcare Board replacing Carrie Kirkman. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to reappoint La Treice Coffey to the Social Services Board. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to go into closed session to discuss personnel, property matters, legal matters and economic development. _______________________________________ The Board came out of closed session and resumed regular business. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to eliminate a regular full-time position (#531338) Community Social Services Assistant in the Child Foster Care Unit effective thirty days from the date of notice to the employee. _______________________________________ The Board discussed a Lodging Occupancy Tax for Surry County. It was the consensus of the Board for the County Manager to look at the revenue outlook. _______________________________________ The Board took a fifteen-minute break and moved the meeting to room 335 for budget presentations. _______________________________________ Bryan Elam, North Carolina Forestry Services, presented information relative to the budget and programs of North Carolina Division of Forest Resources in Surry County. _______________________________________ Linda Blue Stanfield, Mount Airy Museum, updated the Board on grants, services and the budget of the Mount Airy Museum of Regional History. _______________________________________ The FY 08 funding request of Surry County Economic Development Partnership was presented by Hank Spires, Chairman and Robin Rhyne, President.

Meeting of May 7, 2007 Continued 8627

_______________________________________ David Swann, Director, presented the FY 08 budget request for Crossroads Behavioral Healthcare. _______________________________________ Darin Manuel, President, and other members discussed the FY 08 budget request of the Surry County Association of Rescue Squads. _______________________________________ There was no further business to come before the Board. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Hamlin, the Board voted unanimously to adjourn at 9:50 p.m. ______________________________________ _____________________ Conchita Atkins Clerk to the Board

8628

Surry County Board of Commissioners Meeting of May 21, 2007

The Surry County Board of Commissioners met in regular session at 6:00 p.m. on May 21, 2007. The meeting was held in the County Commissioners’ Meeting Room, Surry County Government Center, Dobson, North Carolina. Board members present for the meeting were Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, and Commissioner Jim Harrell, Jr.

Chairman Craig Hunter and Commissioner Jimmy Miller were unable to attend. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Conchita Atkins, Clerk to the Board

Betty Taylor, Assistant County Manager for Budget and Finance

Sandy Snow, Human Resources Officer Chris Knopf, Planning Director John Barber, Local Ordinance Officer Cathy Booker, Tax Administrator Una Freeman, GIS Coordinator

Robin Rhyne, Economic Development Partnership President

News Media Other Citizens ________________________________________ Vice-Chairman Paul Johnson called the meeting to order. Commissioner Jim Harrell, Jr. delivered the invocation and led the Pledge of Allegiance. ________________________________________ Vice-Chairman Johnson requested the Board to consider the minutes of the May 3 & May 7, 2007 meetings. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve the minutes. _______________________________________________

Vice-Chairman Johnson requested that the Board consider the consent agenda. Upon motion of Commissioner Hamlin, seconded by Commissioner Harrell, the Board voted unanimously to approve the following consent agenda items: Requests by the County Manager:

1. Approve the following from the Tax Department: Total releases for the month ending 04/30/2007 in the amount of $28,836.33.

Total refunds for the month ending 04/30/2007 in the amount of $6,411.95.

Total real and personal property discoveries for the month ending 04/30/2007 in the amount of $13,203.59.

Total motor vehicles discoveries for the month ending 04/30/2007 in the amount of $4,306.55.

Collect February 2007 motor vehicle renewals in the amount of $402,572.80.

Meeting of May 21, 2007 Continued 8629

2. Approve a revision to the Surry County 2007-2009 Work First Plan.

3. Approve an In-Home Aide billing rate increase in the Health and Nutrition Center.

4. Approve the Health and Nutrition Center’s master fee schedule.

5. Approve the Parks, Recreation and Maintenance Department to enter into a three year uniform/janitorial service contract with Professional Rental Services.

Requests from the Assistant County Manager for Budget and Finance:

1. Approve the Health and Nutrition Center to use

approximately $4,600 in Bioterrorism grant funds to purchase computer equipment.

2. Approve budget change no. 22 as follows: The Board of County Commissioners approved an amendment to the FY 2006-2007 Budget Ordinance at their meeting on May 21, 2007.

ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT GENERAL FUND EXPENDITURES County Jail 1054320 55658 Miscellaneous -

Commissary 35,000 40,000 75,000

Increase departmental total.

1,670,729 40,000 1,710,729

Bioterrorism Grant

1054337 52010 Supplies & Materials 7,500 12,466 19,966 Increase departmental

total. 44,751 12,466 57,217

Transfers to Other Funds 1059810 59240 Trans to Water/Sewer 532,646 439,500 972,146 Increase departmental

total. 13,800,058 439,500 14,239,558

REVENUE 1044000 49900 Unencumbered Balance 4,075,225 439,500 4,514,725 1044320 48980 Miscellaneous-Commissary 35,000 40,000 75,000 1044337 42313 Terrorism Grant 44,751 12,466 57,217 Increase fund totals. 68,734,894 491,966 69,226,860 ECONOMIC DEVELOPMENT FUND REVENUE 1144922 44575 Surry Yadkin Rural Coop

Loan 439,500 (439,500) 0

1144922 49800 Transfer from General Fund

532,646 439,500 972,146

The above action does

not change fund totals.

3. Approve Emergency Services to purchase two laptops

using EMPG grant funds and approve budget change no. 23 as follows:

Meeting of May 21, 2007 Continued 8630

The Board of County Commissioners approved an amendment to the FY 2006-2007 Budget Ordinance at their meeting on May 21, 2007. ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT GENERAL FUND EXPENDITURES Emergency Management 1054330 51030 Salaries & Wages Part-time 0 5,000 5,000 1054330 52900 Small Equipment 0 6,130 6,130 Increase departmental total. 88,216 11,130 99,346 REVENUE 1044330 42300 Emergency Management Grant 14,000 11,130 25,130 Increase fund totals. 69,226,860 11,130 69,237,990

4. Approve budget change no. 24 as follows:

The Board of County Commissioners approved an amendment to the FY 2006-2007 Budget Ordinance at their meeting on May 21, 2007. ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT SCHOOLS CAPITAL OUTLAY FUND EXPENDITURES 3655912 57014 Co-Sch-Demolition Proj. 55,243 10,000 65,243 REVENUE 3645912 49835 Trans. From CR-Demol. Proj. 55,243 10,000 65,243 Increase fund totals. 2,398,191 10,000 2,408,191 SCHOOLS CAPITAL RESERVE FUND EXPENDITURES 3755918 59164 Trans. To CO-Demolition 55,243 10,000 65,243 3755918 59560 Reserve for Sub Yr DS 26,870 (10,000) 16,870 The above action does not change fund

totals.

5. Approve the following QZAB resolution: RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT FINANCING AGREEMENT, DEED OF TRUST, FORWARD DELIVERY AGREEMENT, AND RELATED DOCUMENTS IN CONNECTION WITH A QZAB INSTALLMENT FINANCING FOR SCHOOL IMPROVEMENTS AND AWARDING THE INSTALLMENT FINANCING AGREEMENT TO BANK OF AMERICA, N.A.

BE IT RESOLVED by the Board of Commissioners (the “Board”) of the County of Surry, North Carolina (the “County”) as follows:

Section 1. The Board does hereby find and determine

as follows: (a) The Surry County Schools Board of Education (the

“Board of Education”), the governing board of the local school administrative units in the County of Surry, North Carolina, has determined that a need exists for renovating and modernizing three (3) school campuses; East Surry High School, Pilot Mountain Middle School and Franklin

Meeting of May 21, 2007 Continued 8631

Elementary and has requested capital funding therefor (collectively, the “Project”).

(b) The Board of Education has applied for and

received from the North Carolina State Board of Education an allocation of Qualified Zone Academy Bond (“QZAB”) authority in the amount of $2,000,000 to assist in financing the Project.

(c) The Board of Education has requested the Board to

assist in providing the financing necessary to complete the Project.

(d) After a public hearing and due consideration, the

Board has determined that the most efficient manner of financing the Project will be for the County to enter into an Installment Financing Agreement (the “Agreement”), in an aggregate principal amount not to exceed $2,000,000, with Bank of America, N. A. (the “Bank”) pursuant to Section 160A-20 of the General Statutes of North Carolina, as amended, and structuring the Agreement as a “qualified zone academy bond” pursuant to Section 1397E of the Internal Revenue Code of 1986, as amended, and the regulations thereunder. Pursuant to the Agreement, the Bank will advance moneys to the County in an amount sufficient to pay, together with other available funds, the costs of the Project, and the County will repay the advancement in installments (the “Installment Payments”).

(e) The Installment Payments will be invested

pursuant to a Forward Delivery Agreement dated as of June 15, 2007 (the “Forward Delivery Agreement”), among the County, the Bank and U.S. Bank National Association, as custodian.

(f) In order for the County to enter into the plan of

finance, a portion of Franklin Elementary School has been conveyed by the Board of Education to the County.

(g) In order to secure the performance of the County’s

obligations under the Agreement, the County will execute and deliver a Deed of Trust (the “Deed of Trust”), granting a lien on a portion of Franklin Elementary School and all improvements and fixtures located and to be located thereon (the “Mortgaged Property”).

(h) There has been presented to the Board each of the

following documents relating to the proposed financing of the Project:

(1) the Agreement; (2) the Deed of Trust; and (3) the Forward Delivery Agreement.

Section 2. The Board hereby approves the Project and each of the Agreement, the Deed of Trust and the Forward Delivery Agreement in substantially the form presented to the Board at this meeting. One or more of the Chairman or Vice Chairman of the Board, the County Manager or the Assistant County Manager for Budget and Finance are each hereby authorized to execute and deliver on behalf of the County each of the foregoing documents in substantially the form presented to the Board at this meeting, containing

Meeting of May 21, 2007 Continued 8632

such insertions, deletions and completion of blanks as the person or persons executing such documents shall approve, such execution to be conclusive evidence of approval by the Board of any such changes. The Clerk to the Board is hereby directed to affix the official seal of the County to each of the documents and to attest the same where appropriate.

Section 3. No deficiency judgment may be rendered

against the County in any action for breach of any contractual obligation under the Agreement or the Deed of Trust, and the taxing power of the County is not and may not be pledged directly or indirectly to secure any moneys due under the Agreement or the Deed of Trust.

Section 4. One or more of the Chairman or Vice

Chairman of the Board, the County Manager, the Assistant County Manager for Budget and Finance, the County Attorney and the Clerk to the Board, are each hereby authorized and directed to execute and deliver such closing certificates, opinions and other items of evidence as shall be deemed necessary to consummate the transactions described above, including (a) the execution of any necessary financing statements relating to fixtures located on the Mortgaged Property and (b) the execution of any documents necessary for the conveyance of the portion of Franklin Elementary School to the County.

Section 5. The Board hereby designates its obligations

under the Agreement to be a “qualified zone academy bond” pursuant to Section 1397E of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder.

Section 6. The proposal letter dated 4/18/07, from

Bank of America, N. A. to the County offering to purchase the Agreement at a price of 100% of par and containing such other terms and conditions as set forth in such letter and contained in the Agreement is hereby declared to be in the best interests of the County, and therefore the County hereby awards the Agreement to Bank of America, N. A.

Section 7. This resolution shall take effect

immediately upon its passage.

Requests from the Planning Director: 1. Approve the John Jefferson Tate final one-lot

subdivision. 2. Approve the Faye Atkins Sawyers final two-lot

subdivision. ________________________________________

Vice-Chairman Johnson then declared the meeting to be an open forum and invited members of the audience to address the Board on any matters of civic concern. James Parker addressed the Board regarding a junkyard on Quaker Road. Mr. Parker would like for screening to be put around the junkyard. Commissioner Harrell explained the revised junkyard ordinance. The Board asked John Barber, Local Ordinance

Meeting of May 21, 2007 Continued 8633

Officer, to check on the junkyard and report back to the Board. There being no additional comments, Vice-Chairman Johnson closed the open forum, and the Board resumed regular business. ______________________________________ Vice-Chairman Johnson then declared the meeting to be a public hearing for the purpose of hearing comments on an industrial project for Ottenweller Company, Incorporated and the financing thereof with Industrial Revenue Bonds in the principal amount of up to $7,000,000. Zack Hall, Ottenweller, presented information pertaining to the Ottenweller Company. Vice-Chairman Johnson asked for comments from the public. Robin Rhyne, Economic Development Partnership President, spoke in favor of the revenue bonds. No one else indicated a desire to speak on this subject. Vice-Chairman Johnson closed the public hearing and asked the Board if they wished to take any action to approve the resolution. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve the following resolution:

APPROVAL IN PRINCIPLE OF INDUSTRIAL PROJECT FOR OTTENWELLER CO., INC., AND THE FINANCING THEREOF WITH INDUSTRIAL DEVELOPMENT REVENUE BONDS IN THE PRINCIPAL AMOUNT OF UP TO $7,000,000

WHEREAS, The Surry County Industrial Facilities and Pollution Control Financing Authority (the “Authority”) has agreed to assist in the financing under the North Carolina Industrial and Pollution Control Facilities Financing Act (the “Act”) of an industrial project by Ottenweller Co., Inc., an Indiana corporation, or a related or affiliated entity (the “Company”), which plans to acquire, renovate, construct and equip an approximately 176,000 square foot facility to be used for the manufacture of fabricated metal components (the “Project”) in Mount Airy, Surry County, North Carolina and has indicated that agreement by the execution of an Inducement Agreement between the parties dated June 21, 2006 and amended on November 30, 2006; and

WHEREAS, under G.S. § 159C-7 each project must be approved by the Secretary of the Department of Commerce and, under Article 51B of Chapter 143 of the North Carolina General Statutes, the Federal Tax Reform Allocation Committee must allocate a sufficient amount of North Carolina’s “private activity bond limit,” as defined in Section 141 of the Internal Revenue Code of 1986, as amended (the “Code”) to the financing; and

WHEREAS the Act and the Rules and Procedures of the North Carolina Department of Commerce require that the governing

Meeting of May 21, 2007 Continued 8634

body of a county approve in principle any project to be financed under the Act; and

WHEREAS, this Board of Commissioners today has held a public hearing with respect to the advisability of the Project and the issuance of bonds therefor, as evidenced by the Certificate and Summary of Public Hearing attached hereto as Exhibit A; and

WHEREAS, the Authority intends to issue its Industrial Development Revenue Bonds (Ottenweller Co. Inc. Project), Series 2007 (the “Bonds”) in the principal amount of up to $7,000,000 which either will be secured by a letter of credit issued by a United States bank or be privately placed with a qualified institutional investor; and

WHEREAS, Section 147(f) of the Code requires that the Board of Commissioners approve the plan of financing for the bonds; and

WHEREAS, under Section 159C-4 of the Act the issuance of bonds under the Act must be approved by the governing body of the county in which the project to be financed under the Act is located;

NOW, THEREFORE, the Board of Commissioners of Surry County, meeting in regular session at Dobson, North Carolina, on May 21, 2007, does the following:

BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR SURRY COUNTY:

1. The proposed “industrial project” consisting of the acquisition, renovation, construction and equipping of a facility to be used for the manufacture of fabricated metal components in Surry County and the issuance of bonds in an amount not to exceed $7,000,000 therefor are hereby approved in principle.

2. The Board of Commissioners hereby requests the Federal Tax Reform Allocation Committee to allocate up to $7,000,000 of North Carolina’s 2007 “private activity bond limit,” as defined above for the financing of the Project.

3. The Board of Commissioners hereby approves the plan of financing as required by Section 147(f) of the Code.

4. The issuance of the Bonds in the principal amount of $7,000,000 is hereby approved for purposes of Section 159C-4 of the Act.

________________________________________ Vice-Chairman Johnson then declared the meeting to be

a public hearing for the purpose of hearing comments on the 2007 new road name list. Cathy Booker, Tax Administrator, presented facts pertaining to the list of all new road names for the year of 2007. Ms. Booker stated that the list consist of all new roads, extension of existing roads, deletion of roads, ESN and road name changes, and correction of road names.

Meeting of May 21, 2007 Continued 8635

Vice-Chairman Johnson asked for comments from the public. No one spoke regarding the 2007 new road name list. Vice-Chairman Johnson then declared the public hearing closed and asked the Board if they wished to take any action. Upon motion of Commissioner Hamlin, seconded by Commissioner Harrell, the Board voted unanimously to approve the following 2007 new road name list:

ROAD NAME TYPE NEAREST CROSSROAD COMM ZIP

ABBY LN OLD HWY 601 MOUN 27030

APOSTLE DR JONES SCHOOL RD MCTY 27030

BAKERS LN PAT NIXON RD STAT 28676

BARBEQUE LN ROMIE SNOW RD DOBS 27017

BEAMERS FARM TRL BEAMER RD MOUN 27030

BEARPAW TRL NORMAN RD MOUN 27030

BLUEGRASS TRL DOBBINS MILL RD ELKIN 28621

BRACKYS CABIN LN OLD HWY 601 MOUN 27030

BYRDS HILL TRL BRASS EAGLE TRL DOBS 27017

CARTERS FARM LN ROCKFORD RD DOBS 27017

CHARLES WAY RIDGE RD DCTY 27017

CHRISTYS LN CAIN HILL LN ELKIN 28621

CLODPATCH LN HOMEPLACE PARK RD ARARAT 27007

COBBLESTONE CT S FRANKLIN RD MCTY 27030

COPPERHEAD RIDGE TRL WELCOME VIEW CHURCH RD DOBS 27017

CRAZY MOON LN W PINE ST MOUN 27030

DASHHOUND LN KAPPS MILL RD ELKIN 28621

ELK COURT DR LYLES ST ECTY 28621

FAIRWAY DR ROCKFORD ST DOBS 27017

GRANNY HILL LN MULBERRY CHURCH RD ELKIN 28621

GREYSTONE CT S FRANKLIN RD MCTY 27030

HARMONY TRL W OAKDALE ST MOUN 27030

HEAVENS PATH WAY HAYSTACK RD DOBS 27017

HUTTON VINEYARD LN PERSHING LN DOBS 27017

ILA LN PINE RIDGE RD LOWG 27024

JD SNOW LN HAYSTACK RD MOUN 27030

KIMRON SPRINGS LN PRATT RD DOBS 27017

LAMBERT FARM TRL ROCKFORD ST MOUN 27030

LOGAN LN WHITE PINES COUNTRY CLUB RD MOUN 27030

MAPLE SPRINGS LN BEULAH RD MOUN 27030

MARANTHA LN OLD LOWGAP RD LOWG 27024

MATTHEWS MILL RD REEVES RD SILO 27047

MOUNTAIN ESCAPADE TRL MARANON WAY MOUN 27030

MUSCLE CAR LN ROUND PEAK CHURCH RD MOUN 27030

OMER WAY W LEBANON ST MOUN 27030

OUTBACK ACRES LN SILOAM RD DOBS 27017

PAULS CREEK TRL PIPERS GAP RD MOUN 27030

PEPPER LN OLD HWY 601 MOUN 27030

RAGING BULL WAY COUNTRY VIEW LN ARARAT 27007

ROCKET WAY BELVUE DR MOUN 27030

ROCKY RIDGE LN N WILSON RD LOWG 27024

ROLLING STONE TRL HODGES RD LOWG 27024

ROSE TRL W PINE ST MOUN 27030

SCALES STONE LN PARKER RD MOUN 27030

SMITH POULTRY TRL KIRBY BOWMAN RD SILO 27047

SMOKEY BOTTOM TRL WILLIE BAKER TRL PINN 27043

SWEET TATER LN SILOAM RD MOUN 27030

TASTING ROOM DR KLONDIKE RD STAT 28676

THOMPSON GAP CT HAYSTACK RD THUR 28683

TURKEY LN WIND RIDGE LN DOBS 27017

VETERANS DR S KEY ST PCTY 27041

Meeting of May 21, 2007 Continued 8636

VIOLA LN RIDGE RD DCTY 27017

WATER LN SALEM FORK RD DCTY 27017

WATERBURY TRL ATLANTA LN MOUN 27030

WELLSLY CIR S FRANKLIN RD MCTY 27030

WENDEX DR POTEAT RD MOUN 27030

WHITAKER WAY PILOT CHURCH RD PINN 27043

WOLFE CREEK TRL OLD ROCKFORD RD DOBS 27017

ZEPHYR WAY W KAPP ST DCTY 27017

_______________________________________ Vice-Chairman Johnson then declared the meeting to be a public hearing for the purpose of hearing comments on zoning application ZCR1006. The parcel site is 7.87 acre portion of a 29.78 acre tract of tax parcel 5907-00-49-2302, located on Highway 601 near Dobson. The property owner is G C D Partners. The property is currently zoned RA. The petition is to rezone the property to HB. Chris Knopf, Planning Director, presented facts pertaining to the rezoning and stated that the Planning Board recommended denial of the petition. Vice-Chairman Johnson asked for comments from the public. Terri Brintle joins the property and opposes the rezoning. Ms. Brintle would like to protect the environment and not develop the property. Miles Wrest spoke in opposition of the rezoning. Vice-Chairman Johnson then declared the public hearing closed and asked the Board if they wished to take any action. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to deny the petition. _______________________________________

Vice-Chairman Johnson informed the audience that it was time for the special recognition portion of the agenda. The following individual was recognized:

John Barber was recognized for achieving Zoning

Official Certification from the School of Government at UNC Chapel Hill. _______________________________________ The County Manager updated the Board on bids received for the Permitting and Health Clinics Center. Mr. Sammons asked Rob Johnson and Robert Barfield, Martin Boal Anthony and Johnson Architecture, to address the Board on the bids for the Permitting and Health Clinics Center.

Rob Johnson stated that there were 5 bidders and the lowest bid was from Wishon & Carter Builders. The bid was $934,000 below the original estimate. Mr. Johnson stated that there were some concerns regarding Wishon & Carter Builders work on the Elkin High School project, which is now 157 days late. Mr. Johnson stated there was a meeting with the County Manager, Ross Bush, Construction Control, MBAJ Officials and Wishon & Carter. The committee

Meeting of May 21, 2007 Continued 8637

discussed the need for an approved Project Manager and Job Superintendent, the schedule and timeline of the project. Mr. Johnson reported that he had made a thorough review of both Wishon and Carter and of Mark Colbert, proposed Project Manager and Ken Howard, proposed Job Superintendent, and that all references had been good. Mr. Johnson recommended Wishon & Carter as the builders, accepting alternate number 2 – alternate price to provide and install granite panels at the main entrance. The final contract cost with the alternates and allowance will be $2,499,355.

Upon motion of Commissioner Harrell, seconded by

Commissioner Hamlin, the Board voted unanimously to accept MBAJ’s recommendation. _______________________________________ The County Manager addressed the Board regarding the old water tank at White Plains. Mr. Sammons stated the water tank is out of service and needs to be removed. Mr. Sammons stated that a qualified company with the appropriate equipment needs to remove the tank due to the location. Mr. Sammons recommended Ken Taylor at a cost of $2,000, noting that the County Public Works Department can then remove the concrete footings for a cost estimated at $1,200. Upon motion of Commissioner Johnson, seconded by Commissioner Hamlin, the Board voted unanimously to approve Ken Taylor to remove the White Plains water tank. _______________________________________ The County Manager addressed the Board regarding a ten-year lease renewal with Crossroads Behavioral Healthcare Riverside Drive facility. Mr. Sammons stated that the renewal date will change to July 1, 2007 through June 30, 2017, to be in line with the fiscal year. _______________________________________ The County Manager addressed the Board on the following items:

25 applications received for the Parks and Recreation position. Interviews will begin in early June.

Lodging Tax in Surry County. The Board will address at the May 24, 2007 meeting.

Landform Construction sold to Spencer Incorporation with no issues, pending transfer of bonds.

The Employee Expo held on May 16 at Fisher River Park, with 234 employees completing the prescribed activities. The Expo was a big success and another benefit of the on-going Employee Wellness Program.

________________________________________ The County Manager discussed paving for parking at the

Family Resources Center. A design by Hudson Paving would create approximately 162 parking spaces. The estimate for the project would cost $74,975.

Meeting of May 21, 2007 Continued 8638

Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to approve Hudson Paving to complete the project. _______________________________________ The County Manager discussed the need for two large trees to be trimmed in front of the Family Resources Center with an estimated cost of $1,400. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously for the trees to be trimmed at the Family Resources Center contingent upon the trimming being done at the appropriate time of the year by a qualified trimming service. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to hold a public hearing, on July 23, 2007, for revisions to the Animal Ordinance. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve budget change number 25 as follows: The Board of County Commissioners approved an amendment to the FY2006-2007 Budget Ordinance at their meeting on May 21, 2007. ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT GENERAL FUND EXPENDITURES Sheriff's 1054310 52060 Uniforms 39,900 1,700 41,600 1054310 52350 Automotive Supplies 175,000 21,000 196,000 Increase departmental

total. 3,465,348 22,700 3,488,048

County Jail 1054320 51030 Salaries & Wages

Part-time 50,000 25,500 75,500

1054320 55658 Miscellaneous-Commissary

75,000 10,000 85,000

Increase departmental total.

1,710,729 35,500 1,746,229

REVENUE 1044310 42331 Soc. Security

Incentive 2,000 (2,000) 0

1044310 44130 Court Cost Sheriff's fees

25,000 500 25,500

1044310 44135 Fingerprint Fees 2,800 2,000 4,800 1044310 44136 Concealed Handgun

Permit 4,000 4,000 8,000

1044310 44137 Court Cost Officers Fees

47,000 10,000 57,000

1044310 44139 Court Cost Officers Fees

20,000 8,200 28,200

1044320 44138 Jail-Work Release 0 3,500 3,500 1044320 44141 Jail Fees 38,000 11,000 49,000 1044320 44142 State Confinement of

Prisoners 60,000 5,000 65,000

1044320 48980 Miscellaneous-Commissary

75,000 10,000 85,000

1044320 48985 Commission-Commissary 6,000 4,000 10,000 1044320 48990 Commission-Pay

Telephones 12,000 2,000 14,000

Meeting of May 21, 2007 Continued 8639

Increase fund totals. 69,237,990 58,200 69,296,190

_______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve and release the following closed session minutes: March 20, 2006 Item #2 April 3, 2006 Item #1 April 17, 2006 Item #3 May 15, 2006 Item #1 December 4, 2006 Item #1 December 4, 2006 Item #2 December 18, 2006 Item #1 December 18, 2006 Item #2 December 18, 2006 Item #3 December 18, 2006 Item #4 December 18, 2006 Items #5 January 16, 2007 Item #1 January 16, 2007 Item #2 January 16, 2007 Item #3 January 16, 2007 Item #4 February 5, 2007 Item #1 February 5, 2007 Item #2 February 19, 2007 Item #1 February 19, 2007 Item #2 February 19, 2007 Item #3 February 19, 2007 Item #4 February 19, 2007 Item #5 February 19, 2007 Item #6 February 19, 2007 Item #7 February 19, 2007 Item #8 March 5, 2007 Item #1 March 5, 2007 Item #3 March 19, 2007 Item #1 March 19, 2007 Items #2 April 2, 2007 Item #1 April 2, 2007 Item #2 April 16, 2007 Item #1 April 16, 2007 Item #2 _______________________________________ Commissioner Harrell discussed the need for surplus computers for the Boy Scout Districts. _______________________________________ Upon motion of Commissioner Hamlin, seconded by Commissioner Harrell, the Board voted unanimously to go into closed session to discuss personnel. _______________________________________ The Board came out of closed session and resumed regular business. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to purchase a house and land located in front of the Meadowview Middle School at a cost of up to $70,000, with a 45 day window for the house to be moved from the property or demolished prior to the opening of school. The property will be deeded to the County of Surry and later deeded to the Surry County Board of Education. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve a one-step merit increase for employee in position #491001. _______________________________________ The Board discussed funding and structure at the Economic Development Partnership. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to recess until May 27, 2007 at 6:30 p.m., room 335, to discuss budget and other County business. _______________________________________

Meeting of May 21, 2007 Continued 8640

The meeting ended at 8:19 p.m. _______________________________________ _____________________ Conchita Atkins Clerk to the Board

8641

Surry County Board of Commissioners Meeting of May 24, 2007

The Surry County Board of Commissioners met in regular session at 6:30 p.m. on May 24, 2007. The meeting was held in Room 335, Surry County Government Center, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, Commissioner Jim Harrell, Jr. and Commissioner Jimmy Miller. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Betty Taylor, Assistant County Manager for Budget and

Finance Chet Jessup Susan Sexton, Daughter of Deputy Trevathan Don Holder, Surry County/Mount Airy Airport Authority John Springthorpe, Surry County/Mount Airport Authority

News Media Other Citizens _______________________________________ Chairman Craig Hunter called the meeting to order at 6:35 p.m. _______________________________________________

Chet Jessup addressed the Board regarding a day of remembrance in Surry County honoring Deputy James Trevathan. Upon motion of Commissioner Miller, seconded by Commissioner Hamlin the Board voted unanimously to approve the following resolution: RESOLUTION HONORING FALLEN DEPUTY JAMES BILLUPS TREVATHAN

WHEREAS, James “Jimmy” Billups Trevathan was born on April 9, 1925, in Bedford County, Virginia and a World War II veteran of the United States Navy; and WHEREAS, James Trevathan was married to Pauline Deatherage and they had three children; and WHEREAS, James Billups Trevathan became a Deputy with the Surry County Sheriff’s Office on or about December 3, 1962; and WHEREAS, on Sunday night, June 2, 1963, Deputy Trevathan was investigating a call involving a recent vehicle hit and run in the Flat Rock Community when he observed the suspect vehicle; and WHEREAS, Deputy Trevathan attempted to initiate a traffic stop of the suspect vehicle but the suspect vehicle refused to stop, a short vehicle pursuit followed, the vehicle pursuit ended and the driver of the suspect vehicle exited the vehicle and shot Deputy Trevathan twice, despite

Meeting of May 24, 2007 Continued 8642

being mortally wounded Deputy Trevathan returned fire striking the driver once; and WHEREAS, Deputy Trevathan lost his life in the line of duty protecting his fellowman; and WHEREAS, Deputy Trevathan was an honorable man and had the best interest of the community and those he sought to serve at heart. NOW, THEREFORE BE IT RESOLVED that the Surry County Board of Commissioners honor and praise Deputy Trevathan for his heroic act while serving the citizens of Surry County. BE IT FURTHER RESOLVED that June 2 of each year shall be a day of remembrance in Surry County and that Deputy Trevathan shall be honored by lowering of flags to half-staff on this day. _______________________________________ Upon motion of Commissioner Miller, seconded by Commissioner Hamlin, the Board voted unanimously to approve the following Capital Projects Ordinance:

AMENDMENT #1 CAPITAL PROJECT ORDINANCE

ELKIN HIGH SCHOOL

BE IT ORDAINED by the Board of Commissioners of the County of Surry that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, this capital project ordinance is hereby adopted: SECTION 1: The project authorized by this ordinance is the construction of a new thirteen-classroom addition for Elkin High School

SECTION 2: The offices of this governmental unit are hereby directed to proceed with this capital project within the guidelines set by the budget contained herein.

SECTION 3: The costs of the project are: A. Construction Cost (Projected) $3,209,363.00 B. Engineering and Architect Fees 190,000.00 C. Other fees 73,433.00 D. Land and Right-of-Way 49,488.00 E. Stairtower 753,000.00 F. Contingency Cost 87,216.00 Total Project Cost $4,362,500.00 SECTION 4: The following financing sources are anticipated to be available to complete this project: Public School Capital Building Fund $ 862,500.00 Installment Financing 3,500,000.00

TOTAL $4,362,500.00

Meeting of May 24, 2007 Continued 8643

SECTION 5: In addition to the amounts stated above, Elkin City Schools Board of Education is contributing $197,000 to the stairtower. SECTION 6: The Finance Officer is directed to report quarterly to the Board of Commissioners on the financial status of the project. SECTION 7: The Budget Officer is directed to include an analysis of past and future costs and revenue for this capital project in each annual budget submitted to the Board of Commissioners for as long as this ordinance shall remain in effect. SECTION 8: Any balance of appropriated funds which are unexpected at the conclusion of this project shall be reserved by the Board of Commissioners for future schools buildings project. SECTION 9: Copies of this capital project ordinance shall be made available to the Budget Officer and the Finance Officer for direction in carrying out this project. ADOPTED BY THE SURRY COUNTY BOARD OF COMMISSIONERS this the 21st day of November 2005. AMENDED May 24, 2007.

________________________________________ Upon motion of Commissioner Miller, seconded by

Commissioner Hamlin, the Board voted unanimously to approve the purchase of computers for the Health and Nutrition Center, in the amount of $4,500. _______________________________________ Upon motion of Commissioner Miller, seconded by Commissioner Hamlin, the Board voted unanimously to approve the Register of Deeds to purchase various equipment for the department in the amount of $1,828.95. _______________________________________

The Board discussed a pigeon roosting problem on the

Occupational Lab Storage Building and the Emergency Services bay at the Human Services Center. Upon motion of Chairman Hunter, seconded by Commissioner Miller, the Board voted unanimously to approve Warren King to box-in the overhang on the back of the buildings in the amount of $13,450. _______________________________________ Upon motion of Commissioner Miller, seconded by Commissioner Hamlin, the Board voted unanimously to recess as the Board of County Commissioners and reconvene as the Flat Rock/Bannertown Water and Sewer District Board of Directors. The District Board discussed the Consent to Assignment regarding Landform Construction Company selling its assets to Spencer’s Incorporated and Flat Rock/Bannertown Water and Sewer Phase I project. Spencer’s Incorporated agreed to accept responsibility for the proper and workmanlike installation of water and sewer utilities complying with the terms of the contract by Flat Rock/Bannertown Water and Sewer District.

Meeting of May 24, 2007 Continued 8644

Upon motion of Commissioner Miller, seconded by Commissioner Hamlin, the Board voted unanimously to approve the Consent to Assignment. Upon motion of Commissioner Hamlin, seconded by Commissioner Miller, the Board voted unanimously to recess as the Flat Rock/Bannertown Water and Sewer District Board of Directors and reconvene as the Surry County Board of Commissioners. _______________________________________ The County Manager discussed information relative to Lodging and Occupancy Tax. _______________________________________ Upon motion of Commissioner Hamlin, seconded by Commissioner Miller, the Board voted unanimously to seek legislation to allow Surry County to impose a lodging and occupancy tax of up to 6%. _______________________________________ Commissioner Harrell entered the meeting at 7:30 p.m. _______________________________________ Commissioner Johnson entered the meeting at 7:40 p.m. _______________________________________ Don Holder, Chairman and John Springthorpe, Secretary, presented the FY 08 budget request for the Surry County/Mount Airy Airport Authority. _______________________________________ The County Manager presented an overview of the proposed FY 08 budget. _______________________________________ The Board discussed the previous requests submitted by Shoals Recreation. _______________________________________ The Board discussed the Shoals Recreation projects. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted to release $25,000 appropriation to Shoals Recreation. Upon motion Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted to withdraw the motion and the second. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to release $25,000 appropriation to Shoals Recreation and to consider $25,000 each of the next two years Shoals Recreation, based on a mutually satisfactory agreement. The Board further discussed the funding. Upon motion of Commission Harrell, seconded by Commissioner Hamlin, the Board voted to withdraw the motion and the second. _______________________________________

Meeting of May 24, 2007 Continued 8645

The Board continued budget discussions. _______________________________________ Upon motion of Commissioner Hamlin, seconded by Commissioner Harrell, the Board voted unanimously to waive building inspection and permit fees for all three local Habitat for Humanity chapters. _______________________________________ Following lengthy discussion of various aspects to the FY 08 budget, upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to adjourn at 11:30 p.m. _______________________________________ __________________ Macon C. Sammons, Jr. County Manager

8646

Surry County Board of Commissioners Meeting of June 7, 2007

The Surry County Board of Commissioners met in regular session at 6:00 p.m. on Thursday, June 7, 2007. The meeting was held in the County Commissioners’ Meeting Room, Surry County Government Center, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, Commissioner Jim Harrell, Jr. and Commissioner Jimmy Miller. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Conchita Atkins, Clerk to the Board Edwin Woltz, County Attorney

Betty Taylor, Assistant County Manager for Budget and Finance

Sandy Snow, Human Resources Officer Chris Knopf, Planning Director Jack Gardin, Water and Sewer Projects Coordinator News Media Other Citizens ________________________________________ Chairman Craig Hunter called the meeting to order. Commissioner Paul Johnson delivered the invocation and led the Pledge of Allegiance. ________________________________________ Chairman Hunter requested the Board to consider the minutes of the May 21 & May 24, 2007 meetings. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to approve the minutes. _______________________________________________ Chairman Hunter requested that the Board consider the consent agenda. Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to approve the following consent agenda items: Requests by the County Manager:

1. Approve the Tax Department to collect 2006 tax year advertising fees in the amount of $11,870.

2. Approve Social Services to apply for a portion of Work First Demonstration Grant funds.

3. Approve a renewal lease agreement with Redirections for space on Key Street in Pilot Mountain.

Requests from the Assistant County Manager for Budget and Finance:

1. Approve the Sheriff’s Office to purchase two

vehicles in the amount of $8,000. 2. Approve budget change no. 26 as follows:

Meeting of June 7, 2007 Continued 8647

The Board of County Commissioners approved an amendment to the FY 2006-2007 Budget Ordinance at their meeting on June 7. ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT FLAT ROCK/BANNERTOWN EXPENDITURES 8558100 51500 Professional Services 21,500 760,444 781,944 8558100 51640 Project Construction 0 6,118,162 6,118,162 8558100 51720 Contracted Services 0 374,500 374,500 8558100 52010 Supplies & Materials 0 100 100 8558100 54250 Postage 0 674 674 8558100 54300 Utilities 0 500 500 8558100 54350 Printing 0 500 500 8558100 55300 Refunds 0 21,000 21,000 8558100 55650 Miscellaneous 0 94 94 Increase departmental total. 21,500 7,275,974 7,297,474 REVENUE 8548100 42255 USDA Grant 0 4,599,000 4,599,000 8548100 44125 Sign-Up Fees-Water 0 1,990 1,990 8548100 44126 Sign-Up Fees-Sewer 0 150 150 8548100 48900 Miscellaneous 0 122,630 122,630 8548100 49100 Proceeds of Sale of Notes 0 2,548,000 2,548,000 8548100 49102 Premium on Sale of Debt 0 4,204 4,204 Increase fund totals. 21,500 7,275,974 7,297,474

3. Approve budget change no. 27 as follows:

The Board of County Commissioners approved an amendment to the FY 2006-2007 Budget Ordinance at their meeting on June 7, 2007. ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT SHERIFF'S NARCOTICS FUND EXPENDITURES 1854311 54050 Travel-Narcotics 0 1,000 1,000 1854311 55450 Purchase of Information 0 10,000 10,000 1854311 55650 Miscellaneous 0 1,000 1,000 REVENUE 1844311 42330 U.S. Equitable Sharing 0 12,000 12,000 Increase fund totals. 42,000 12,000 54,000 SCHOOLS CAPITAL PROJECTS FUND EXPENDITURES Elkin High Project

6155972 51640 Project Construction 1,353,682 712,500 2,066,182 Increase departmental total. 1,621,398 712,500 2,333,898 REVENUE 6145972 43344 Public Sch. Bldg. Fund 150,000 712,500 862,500 Increase fund totals. 9,122,254 712,500 9,834,754

Request from the Human Resources Officer: 1. Approve leave without pay for a Health and

Nutrition Center employee through July 31, 2007. ________________________________________

Meeting of June 7, 2007 Continued 8648

Chairman Hunter then declared the meeting to be an open forum and invited members of the audience to address the Board on any matters of civic concern. Ron Inman, Shoals Recreation Association, addressed the Board regarding the 87 acres of land purchased in the Shoals community for a recreation park. Mr. Inman stated that the Association had a site plan complete. Mr. Inman requested the Board support the Shoals recreation project by initiating a PARTF grant in behalf of Shoals recreation. Mr. Inman also requested that the Board release the $25,000 that was budgeted for the Shoals Park Project in the FY 07 budget. Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to allow the committee to receive the $25,000 budgeted for FY 07 and pledge $25,000 for the FY 08 budget and that the County support the Shoals recreation project by partnering with the Association to apply for a PARTF grant application, with the PARTF application details being worked out at a later date. Commissioner Johnson praised the East Surry Golf Team for winning their third straight title. There being no additional comments, Chairman Hunter closed the open forum, and the Board resumed regular business. ______________________________________ Chairman Hunter then declared the meeting to be a public hearing for the purpose of hearing comments on a CDBG application for sewer in the Edgefield community. Jack Gardin, Water and Sewer Projects Coordinator, presented information on the grant application. Chairman Hunter asked for comments from the public. No one spoke on the grant application. Chairman Hunter then declared the public hearing closed and asked the Board if they wished to take any action. Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to approve the grant application and authorize its submission. _______________________________________ Bob Edwards, Northwest District Extension Director, presented Bryan Cave as the selection for new Cooperative Extension Director. Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to appoint Bryan Cave as Cooperative Extension Director, effective July 1, 2007. Mr. Cave stated that he appreciated the Boards’ support.

Meeting of June 7, 2007 Continued 8649

_______________________________________ The County Manager presented the FY 08 recommended budget. Mr. Sammons stated that that he does not propose a tax rate increase. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to set a budget work session for Tuesday, June 12, 2007 at 6:30 p.m. _______________________________________ The County Manager addressed the Board regarding the first renewal of lease between Surry County and Crossroads Behavioral Healthcare for lease of real property at 351 Riverside Drive, Mount Airy. Mr. Sammons stated that the current lease does not expire until December 2007, however the County and Crossroads Behavioral Healthcare would like to have the lease agreement congruent with the County and Crossroads’ fiscal year. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to approve the lease agreement renewal, expiring June 30, 2017. _______________________________________ Betty Taylor, Assistant County Manager for Budget and Finance, requested approval to pay an invoice in the amount of $2,787.50 for the Pilot Auditorium demolition. Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to approve payment of the invoice. _______________________________________ Betty Taylor, Assistant County Manager for Budget and Finance, addressed the Board regarding Military Family Day at Fisher River Park. Parks and Recreation would like to host the second Military Families Appreciation Day. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve the Parks and Recreation Department to host a Military Family Day at Fisher River Park on July 8, 2007 from 5:00 p.m. until 7:00 p.m. _______________________________________ Betty Taylor, Assistant County Manager for Budget and Finance, addressed the Board regarding bids for group life insurance. Ms. Taylor recommended that the contract be awarded to the low bidder, Prudential. The annual savings is estimated at $16,000 and the rates are guaranteed for three years. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to award the County life insurance contract to Prudential. _______________________________________ Betty Taylor, Assistant County Manager for Budget and Finance, discussed with the Board short-term disability through AFLAC. Ms. Taylor discussed the difference between a pre-tax and after tax basis. Mr. Taylor recommended that

Meeting of June 7, 2007 Continued 8650

all employees be on an after tax basis for the short-term disability. Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to approve the recommendation of after-tax basis for AFLAC short-term disability. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to approve the following budget changes: Change #28 The Board of County Commissioners approved an amendment to the FY 2006-2007 Budget Ordinance at their meeting on June 7, 2007.

ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT GENERAL FUND EXPENDITURES Human Resources Dept. 1054122 51010 Salaries & Wages 47,188 1,650 48,838 Increase departmental

total. 108,746 1,650 110,396

Non-Departmental

1054199 59510 General Fund Contingency 165,665 (76,650) 89,015 Decrease departmental

total. 427,937 (76,650) 351,287

Management Information Services 1054210 51010 Salaries & Wages 198,996 8,640 207,636 1054210 51300 Social Security 11,803 410 12,213 1054210 51310 Medicare 2,819 40 2,859 1054210 51330 Retirement 9,820 375 10,195 1054210 51350 Group Insurance 18,170 535 18,705 Increase departmental

total. 389,073 10,000 399,073

Highway Safety Program 1054315 55650 Miscellaneous 0 49 49 Increase departmental

total. 1,000 49 1,049

County Jail 1054320 51520 Prof. Services-Medical 70,000 30,000 100,000 1054320 52010 Supplies & Materials 40,085 5,000 45,085 1054320 52200 Food & Provisions 144,813 40,000 184,813 Increase departmental

total. 1,746,229 75,000 1,821,229

Emergency Management 1054330 51010 Salaries & Wages 50,835 200 51,035 1054330 51030 Salaries & Wages Part-Time 5,000 1,000 6,000 1054330 52010 Supplies & Materials 8,000 4,000 12,000 1054330 52060 Uniforms 0 400 400 1054330 53020 Equipment Maintenance 1,000 2,190 3,190 Increase departmental

total. 99,346 7,790 107,136

Soil & Water Conservation Dist. 1054960 51010 Salaries & Wages 38,256 (5,000) 33,256 Decrease departmental

total. 276,631 (5,000) 271,631

Agric. Cost Share Program 1054962 51010 Salaries & Wages 32,605 4,000 36,605

Meeting of June 7, 2007 Continued 8651

1054962 51020 Longevity Pay 475 30 505 1054962 51300 Social Security 1,985 100 2,085 1054962 51310 Medicare 465 70 535 1054962 51330 Retirement 1,600 400 2,000 1054962 51350 Group Insurance 4,250 400 4,650 Increase departmental

total. 43,120 5,000 48,120

Local Assistance

1055321 57720 State Foster Care-Supplemental

51,000 (10,000) 41,000

Decrease departmental total.

544,222 (10,000) 534,222

REVENUE 1044315 48900 Miscellaneous 1,000 49 1,049 1044330 42300 Emergency Management Grant 25,130 160 25,290 1044330 44114 Hazmat Fees 20,000 7,630 27,630 Increase fund totals. 69,296,190 7,839 69,304,029 Change #29 The Board of County Commissioners approved an amendment to the FY 2006-2007 Budget Ordinance at their meeting on June 7, 2007.

ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT SCHOOLS CAPITAL OUTLAY FUND EXPENDITURES 3655912 57020 Co. Sch.-Land & Prop.

(Rename) 0 70,000 70,000

Increase departmental total. 2,408,191 70,000 2,478,191 REVENUE 3645912 49838 Trans from CR-Co Land &

Prop.(Rename) 0 70,000 70,000

Increase fund totals. 2,408,191 70,000 2,478,191 SCHOOLS CAPITAL RESERVE FUND EXPENDITURES 3755918 59166 Trans to Co-Co Land &

Prop.(Rename) 0 70,000 70,000

REVENUE 3745918 49900 Unencumbered Balance 890,317 70,000 960,317 Increase fund totals. 4,452,909 70,000 4,522,909 Change #30 The Board of County Commissioners approved an amendment to the FY 2006-2007 Budget Ordinance at their meeting on June 7, 2007. ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT SPECIAL TAX DISTRICTS EXPENDITURES 4055916 57500 Elkin City Schools 876,470 10,000 886,470 4354382 57500 Bannertown Fire 194,549 8,000 202,549 4454384 57500 C.C. Camp Fire 108,556 4,000 112,556 4754386 57500 Franklin Fire 293,473 4,000 297,473 5154390 57500 Shoals 88,689 3,000 91,689

Meeting of June 7, 2007 Continued 8652

REVENUES 4045916 41100 Elkin City Schools 850,470 10,000 860,470 4344382 41100 Bannertown Fire 187,149 8,000 195,149 4444384 41100 C.C. Camp Fire 103,556 4,000 107,556 4744386 41100 Franklin Fire 279,273 4,000 283,273 5144390 41100 Shoals Fire 85,889 3,000 88,889 Increase Special District totals by

$29,000.

_______________________________________ Upon motion of Commissioner Miller, seconded by Commissioner Johnson, the Board voted unanimously to approve a Sports Hall of Fame Monument to be installed at Fisher River Park, near the concession stand. _______________________________________

Chairman Hunter informed the audience that it was time for the special recognition portion of the agenda. The following individuals were recognized:

Kim Bowman, Dan Bowen, Mark Faircloth, Tony Caldwell,

Chip Carriker, Jay Hoke, Duke Mills, Travis Sizemore, Gary Hagee, Michael Luffman, Michael Johnson, Lindell Sloniker, Mike Cox, LaRonda Pendergrass, Billy Ray Surratt, Rondale Ratcliff, and Jerry Shumate for being Food Lion Special Olympics Volunteers in 2007.

________________________________________ The Board took a ten-minute recess. _______________________________________ The Board discussed a letter from Blythe HomeScents International regarding layoffs at its facilities at 430 Gentry Lane and 1000 Candle Wycke Lane in Elkin. _______________________________________ The Board discussed budget requests from Hospice of Surry County, Dobson Library, and the Town of Dobson for a new fire pumper truck. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Hamlin, the Board voted unanimously to go into closed session to discuss personnel and a legal issue with the County Attorney. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted to correct the May 7, 2007 minutes by deleting the following regarding an appointment to the Surry Community College Board.

There was further discussion at the end of the meeting regarding the appointment, and the question was raised as to whether the appointee should be a sitting County Commissioner or a citizen. After discussion, Board members rescinded the above motion by a majority decision. The appointment will be discussed at a later meeting.

Ayes: Chairman Hunter, Commissioner Johnson,

Commissioner Hamlin and Commissioner Harrell Nays: Commissioner Jimmy Miller ________________________________________

Meeting of June 7, 2007 Continued 8653

Upon motion of Commissioner Harrell, seconded by

Commissioner Johnson, the Board voted to rescind the following motion made at the May 7, 2007 meeting and yield the appointment to the Commissioner from the appointee’s district.

Ayes: Chairman Hunter, Commissioner Johnson,

Commissioner Hamlin and Commissioner Harrell Nays: Commissioner Miller The rescinded motion was as follows. Upon motion of Commissioner Miller, seconded by

Commissioner Harrell, the Board voted unanimously to reappoint Fred O’Neal to the Surry Community College Board of Trustees, contingent upon his acceptance.

________________________________________ Upon motion of Commissioner Hamlin, seconded by Commissioner Harrell, the Board voted to appoint Kay Hamlin to serve on the Surry Community College Board of Trustees. _______________________________________ There was no further business to come before the Board. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Hamlin, the Board voted unanimously to recess until Tuesday, June 12, 2007 at 6:30 p.m. in Room 335 to discuss budget and other County business. _______________________________________ The meeting ended at 8:55 p.m. _______________________________________ _____________________ Conchita Atkins Clerk to the Board

8654

Surry County Board of Commissioners Meeting of June 12, 2007

The Surry County Board of Commissioners met at 6:30 p.m. on June 12, 2007 for a budget work session and other County business. The meeting was held at the Surry Government Center, 118 Hamby Road, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, Commissioner Jim Harrell and Jimmy Miller. _______________________________________ Others present for the meeting at various times, were: Macon C. Sammons, Jr., County Manager Betty Taylor, Assistant County Manager for Budget and Finance News Media _______________________________________ Chairman Hunter called the meeting to order at 6:40 p.m. _______________________________________ The County Manager presented information relative to tourism development and the occupancy tax. _______________________________________ The Board began discussion of the budget. _______________________________________ Commissioner Johnson entered the meeting at 7:10 p.m. _______________________________________ The Board discussed occupancy and lodging taxes.

Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to undertake the following initiatives for the purpose of increasing and expanding the tourism component of the local economy:

1. A seven-member Surry County Tourism Development Council shall be created, with all members appointed by the County Commissioners, and generally composed of one member from each of the four municipal areas, one County Commissioner and two at large members. This council shall advise the County Board on tourism development matters.

2. Pending enabling legislation, Surry County will establish a 6% occupancy or lodging tax, as soon as possible but no later than January 1, 2008. Until that time, the municipalities may continue to collect a 6% occupancy tax or shall receive the same proceeds from the County through December 31, 2007, and thereafter 50% of the occupancy taxes collected by the County from within each municipality shall be remitted to the respective municipalities and 50% shall be retained by the County.

3. The County will explore options to employ a County Tourism Director at the earliest feasible date and no later than April 1, 2008.

4. The County will negotiate with any municipality concerning up to one-third (1/3) of the County share of the occupancy tax from within that municipality for an initial period not to exceed five years, if there is evidence of a pre-existing obligation.

Meeting of June 12, 2007 Continued 8655

________________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to go into closed session to discuss personnel. _______________________________________ The Board came out of closed session and resumed regular business. _______________________________________ Upon motion of Commission Hamlin, seconded by Commissioner Johnson, the Board voted unanimously to adjourn. The motion was withdrawn and the Board continued budget deliberations. _______________________________________ Commissioner Miller left the meeting at 9:30 p.m. _______________________________________ Upon motion of Commissioner Hamlin, seconded by Commissioner Johnson, the Board voted unanimously to adjourn at 10:10 p.m. _______________________________________

_____________________ Macon C. Sammons, Jr. County Manager

8656

Surry County Board of Commissioners Meeting of June 18, 2007

The Surry County Board of Commissioners met in regular session at 6:00 p.m. on June 18, 2007. The meeting was held in the County Commissioners’ Meeting Room, Surry County Government Center, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, Commissioner Jim Harrell, Jr. and Commissioner Jimmy Miller. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Conchita Atkins, Clerk to the Board Edwin Woltz, County Attorney

Betty Taylor, Assistant County Manager for Budget and Finance

Sandy Snow, Human Resources Officer Adrienne Dollyhigh, County Planner Carolyn Comer, Register of Deeds Bryan Cave, Cooperative Extension Director News Media Other Citizens ________________________________________ Chairman Craig Hunter called the meeting to order. Commissioner Jimmy Miller delivered the invocation and led the Pledge of Allegiance. ________________________________________ Chairman Hunter requested the Board to consider the minutes of the June 7 & June 12, 2007 meetings. Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to approve the minutes. _______________________________________________

Chairman Hunter requested that the Board consider the consent agenda. Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to approve the following consent agenda items: Requests by the County Manager:

1. Approve the naming of a trail at Fisher River Park in behalf of Yadkin Farms, Incorporated. Yadkin Farms developed and constructed the 2nd loop of the Adopt-A-Trail grant.

2. Approve the following from the Tax Department: Total releases for the month ending 05/31/2007 in the amount of $17,287.79.

Total refunds for the month ending 05/31/2007 in the amount of $9,685.84.

Total real and personal property discoveries for the month ending 05/31/2007 in the amount of $6,079.82.

Total motor vehicles discoveries for the month ending 05/31/2007 in the amount of $2,215.71.

Collect March 2007 motor vehicle renewals in the amount of $410,804.78.

3. Approve In-Home Aide billing rate increases with

Meeting of June 18, 2007 Continued 8657

a copy being on file in the Clerk to the Board’s Office. 4. Approve the County Manager to sign a contract of conveyance for surplus property to the Sheriff’s

Office from Forsyth County.

Request from the Human Resources Officer:

1. Approve the Health and Nutrition Center to unfreeze a Nutritionist III position #516703, advertise and fill.

Request from the Planning Director: 1. Approve the John W. Scales Estate final five-lot

subdivision. ________________________________________

Chairman Hunter then declared the meeting to be an open forum and invited members of the audience to address the Board on any matters of civic concern. Rawley King expressed concerns regarding a water rate increase of 45% in the City of Mount Airy ETJ. Mr. King stated that the increase will put a hardship on citizens. Commissioner Hunter presented an article from the Wall Street Journal on economic development incentives. There being no additional comments, Chairman Hunter closed the open forum, and the Board resumed regular business. _______________________________________

Chairman Hunter then declared the meeting to be a

public hearing for the purpose of hearing comments on zoning text amendments. Adrienne Dollyhigh, County Planner, presented information regarding the zoning text amendments and stated that the amendments had been endorsed by the Planning Board. Chairman Hunter asked for comments from the public. No one spoke on the zoning text amendments. Chairman Hunter then declared the public hearing closed and asked the Board if they wished to take any action. Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to approve the following zoning text amendments:

TEXT AMENDMENTS

SURRY COUNTY ZONING ORDINANCE Article 11, Section 1, “Table of Uses”, of the Zoning

Ordinance shall be amended to allow the land use “Mini-

warehouse” as a conditional use in the MR zoning district

and this land use will be subject to the supplemental

Meeting of June 18, 2007 Continued 8658

requirements found in Article 16, Section 8 of the Zoning

Ordinance as they apply to the land use “Mini-warehouse”.

Article 11, Section 1, “Table of Uses”, of the Zoning

Ordinance shall be amended to add the land use “Services,

not otherwise listed” as a permitted use in the CB, HB, and

MI zoning districts.

Article 11, Section 1, “Table of Uses”, of the Zoning

Ordinance shall be amended to add the land use “Retail

uses, not otherwise listed” as a permitted use in the CB

and HB zoning districts.

Article 11, Section 1, “Table of Uses”, of the Zoning

Ordinance shall be amended to add the land use “Government

offices” as a permitted use in the RA, MR, CP, RB, CB, HB,

and MI zoning districts.

Article 11, Section 1, “Table of Uses”, of the Zoning

Ordinance shall be amended to add the land use “Shopping

center” as a permitted use in the CB and HB zoning

districts.

Article 11, Section 1, “Table of Uses”, of the Zoning

Ordinance shall be amended to add the land use “Group

Development” as a permitted use in RA, RR, RL, RG, MR, CP,

RB, CB, HB, and MI.

Article 15, “Nonconforming Uses”, of the Zoning Ordinance

shall be amended to include the following as Section 4.1,

“Conditional Use Permit Required for Upgrading a

Nonconforming Manufactured Home”:

Section 4.1 Conditional Use Permit Required for Upgrading a Nonconforming Manufactured Home In zoning districts where nonconforming manufactured homes exist, a Conditional Use Permit may be applied for to allow an upgrade of the manufactured home. Specifically, if it is desired to upgrade a nonconforming Class B manuafactured home to a Class A manufactured home, the issuance of a Conditional Use Permit by the Planning Board under this Article is required. Due to the nature of this type of Conditional Use Permit, a site plan is not required as a part of the application, but is subject to the standards of Article 15, Section 5.

Article 19, Section 5, “Exemptions”, Subsection (F), of the

Zoning Ordinance shall be replaced with the following

language:

Integral decorative or architectural features of buildings, including signs which denote only the building name, date of erection or street number. Kiosks or bulletin boards that covey the historical significance of the building, structure, or an event that occurred at the site;

Article 19, Section 15, “Reserved”, of the Zoning Ordinance

shall be renamed “Signs Permitted in the Village of

Rockford (VR) District” and the following language shall be

found in this Section:

Meeting of June 18, 2007 Continued 8659

A. One (1) freestanding sign is allowed per lot, regardless of whether the lot is a corner lot. Freestanding signs shall not exceed three (3) feet in height, the display surface shall not exceed five (5) square feet per side. Freestanding signs shall be limited to the name, trademark, and servicemark of the establishment located on the lot.

B. Projecting signs may be placed on all walls with road

frontage. Projecting signs shall not exceed nine (9) square feet, and shall maintain a clear distance of eight (8) feet from ground level. One projecting sign is permitted per wall fronting a public street. Projecting signs shall be limited to the name, trademark, and servicemark of the establishment located on the lot. Canopy signs are prohibited.

C. Wall signs shall not exceed nine (9) square feet. Wall

signs shall not protrude more than twelve (12) inches from the wall to which it is attached. It shall not extend above the eave line of the building to which it is attached. If the building consists of two (2) or more stories, the top of the sign shall not extend more than twenty (20) feet above ground level. Wall signs shall be limited to the name, trademark, and servicemark of the establishment located on the lot. One wall sign is permitted per wall fronting a public street.

D. Building materials utilized in the construction of

signs within the VR District are limited to the types of materials utilized on the façade of the structure for which the sign is providing advertising on the same lot. Signs must be constructed utilizing professional construction methods.

E. Illumination of signs is permitted. Illumination shall

be limited to indirect white lighting and shall be designed to prevent light from directly hitting adjacent property or any public right-of-way.

F. The use of antique, historic, or old-fashioned signs

may be permitted for ornamental puposes on the exterior of a commerical building if the use and display technique of these type signs are consistent with the history of the building. Documentation must be provided to the Zoning Administrator by the property owner in order to execute this provision.

G. Within the VR District, banners promoting special

events shall be permitted as temporary signage as determined by the Zoning Administrator. Banners shall only be erected on the periphery of the VR zoning district and shall be removed within 24-hours following the conclusion of the special event.

H. Portable signs, as described in Article 19, Section 8

of this Ordinance, are expressly prohibited within the VR District.

I. Signs within the VR District are only permitted for

nonresidential land uses.

Meeting of June 18, 2007 Continued 8660

J. One (1) identification sign for each home occupation shall be permitted, but shall not be closer than fifteen (15) feet to any property line, shall not project higher than three (3) feet above ground level, and shall not exceed two (2) square feet in area.

K. No other signs are permitted. Article 24, Section 7.2, “Subdivision Application and

Review Procedures”, Subsection “D”, of the Zoning Ordinance

shall be amended to replace the required signature of the

“Zoning Administrator” with the required signature of the

“Subdivision Administrator”.

Article 30, Section 1, “Definitions” of the Zoning

Ordinance shall be amended to add the following definition

for the following land uses:

GOVERNMENT OFFICE. A building or structure owned, operated, and occupied by a governmental agency to provide a governmental service to the public. RETAIL USES, NOT OTHERWISE LISTED. A commercial enterprise that provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser. SHOPPING CENTER. A building or group of buildings, either connected or freestanding, which is designed with common parking, pedestrian movement, ingress and egress, and used for the sale of merchandise or services to the public. There must be a minimum of three (3) stores. No outparcel shall be included in the calculation of building square footage for shopping centers.

Article 30, Section 1, “Definitions” of the Zoning

Ordinance shall be amended to change the definition of

“Services, business” to “Services, not otherwise listed”.

Article 30, Section 1, “Definitions”, of the Zoning

Ordinance shall be amended to add the following statement

to the definition of “Local Ordinance Officer”:

Local Ordinance Officer may also be referred to as Zoning Enforcement Officer for the purposes of administering this Ordinance. _______________________________________ Chairman Hunter then declared the meeting to be a public hearing for the purpose of discussing the FY 2007-2008 budget. The County Manager presented a power point overview on the FY 08 budget noting that it has been prepared and presented as required by law and was advertised and made available to the public. The County Manager stated that the Board had held five work sessions on the budget. The County Manager discussed increases, the manager’s adjustments, proposed Board adjustments and recommendations. Mr. Sammons also gave an analysis of the general fund undesignated fund balance.

Chairman Hunter asked for comments from the public.

Meeting of June 18, 2007 Continued 8661

Georgia Eskridge, 166 Fairfax Drive, Pinnacle,

expressed her concerns about Medicaid and the number of individuals on Medicaid. Ms. Eskridge also spoke in support of Emergency Services.

Ms. Eskridge also asked the Board for assistance in getting Fairfax Drive added to the State Maintained System and the control of dogs in the neighborhood.

No one else spoke regarding the budget.

Chairman Hunter closed the public hearing. The Board discussed monies for the Mount Airy Museum,

the Town of Dobson and Mountain Valley Hospice. The Board decided to discuss the budget later in the

meeting. ________________________________________

The County Manager discussed a proposal for a new water intake point at the County’s Ararat River Recycling Center for Pilot Knob Volunteer Fire Department. The fire department would like to install a gravel lane to the river under the power line and place a turn around location along the lane. This would allow the fire department to draw fire fighting water from the river. The County Manager suggested the following conditions:

The County would be held harmless and free from any liability from the use of water access lane.

If needed, the County would have the right to use the lane.

To prevent unauthorized use of the lane, the fire department would install a cable blocking access to anyone, except the fire department and the County.

The fire department will perform all needed maintenance on the designated area.

The fire department will comply with all ordinances, laws, and codes.

Upon motion of Commissioner Johnson, seconded by

Commissioner Harrell, the Board voted unanimously to approve the proposal from Pilot Knob Volunteer Fire Department for a new water intake point with the County Manager and County Attorney working on a licensing agreement including the above provisions. _______________________________________ The County Manager presented information from Carolina West Wireless on proposed telecommunication antennas on an existing pole at Graham Field on Jones School Road. Mr. Sammons stated there would be a 10-year lease agreement with an annual payment of $12,000, which will increase by 3% annually. Upon motion of Commissioner Miller, seconded by Commissioner Johnson, the Board voted unanimously to approve the lease agreement. _______________________________________

Meeting of June 18, 2007 Continued 8662

Chairman Hunter informed the audience that it was time for the special recognition portion of the agenda. The following individual was recognized:

Jordan Jessup for winning the 2007 Northwest 1-A Baseball Player of the Year and for team play and leadership, assisting the East Surry’s Baseball Team in winning the Regional Championship.

_______________________________________ The Board took a five-minute recess. ________________________________________ Eric Coates, Coates Consulting, addressed the Board

regarding the County group health insurance. Mr. Coates stated that the County had obtained quotes from numerous different carriers. Mr. Coates discussed the difference in carriers and the quotes.

Betty Taylor, Assistant County Manager for Budget and

Finance, recommended the County consider staying with Primary Physician Care.

Upon motion of Commissioner Harrell, seconded by

Commissioner Miller, the Board voted unanimously to contract with Primary Physician Care and Mutual of Omaha as the secondary carrier.

The Board discussed the insurance rates with Mr.

Coates and Ms. Taylor. They discussed encouraging employees to participate in designated criteria of the wellness program to encourage a lifestyle.

Upon motion of Commissioner Harrell, seconded by

Commissioner Hamlin, the Board voted unanimously to keep the same insurance rate for employees FY 08, and to encourage employees to sign up for a component of the wellness program which will reduce the employees insurance rates by 5% if the employee complies with specified health maintenance criteria of the wellness program.

Betty Taylor, Assistant County Manager for Budget and

Finance, discussed a need for a half-time Registered Nurse to help monitor the criteria of the wellness program and work individually with the employees.

________________________________________ The County Manager reminded the Board of the North

Carolina Association of County Commissioners Conference on August 16-18, 2007 in Fayetteville, NC.

________________________________________ Betty Taylor, Assistant County Manager for Budget and

Finance, presented information on Workers’ Compensation renewal quotes from Midwest Employers Casualty Company for excess coverage.

________________________________________ Betty Taylor, Assistant County Manager for Budget and

Finance, addressed the Board regarding a request from the Board of Elections to apply for a non-matching Electronic Records Access at Polling Place grant.

Meeting of June 18, 2007 Continued 8663

Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to allow the Board of Elections to apply for the grant and bring more details on the grant at a later meeting.

________________________________________ Upon motion of Commissioner Harrell, seconded by

Commissioner Miller, the Board voted unanimously to approve the following budget amendments:

Change #31 The Board of County Commissioners approved an amendment to the FY 2006-2007 Budget Ordinance at their meeting on June 18, 2007. ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT GENERAL FUND EXPENDITURES Rabies Control 1054380 56010 Equipment 29,300 (13,000) 16,300 Decrease departmental

total. 346,750 (13,000) 333,750

Health Dept. Administration 1055110 51010 Salaries & Wages 33,000 24,000 57,000 Increase departmental

total. 125,034 24,000 149,034

Communicable Disease/Std. 1055121 51010 Salaries & Wages 160,300 6,000 166,300 Increase departmental

total. 275,329 6,000 281,329

Women's HLTH/Wise Women 1055159 51040 Salary Reserve 2,929 (2,000) 929 1055159 51050 Personnel Expansion 2,465 (1,000) 1,465 Decrease departmental

total. 159,770 (3,000) 156,770

Family Planning Program 1055164 51010 Salaries & Wages 210,100 (28,000) 182,100 Decrease departmental

total. 365,319 (28,000) 337,319

Supplemental Food Program 1055167 51040 Salary Reserve 10,247 (10,000) 247 Decrease departmental

total. 388,590 (10,000) 378,590

Immunization Action Plan 1055170 51010 Salaries & Wages 140,300 (13,000) 127,300 Decrease departmental

total. 300,685 (13,000) 287,685

Environmental Health 1055181 51500 Professional Services 176 63,679 63,855 Increase departmental

total. 480,169 63,679 543,848

Bioterrorism & Prepardness 1055185 51010 Salaries & Wages 8,000 19,000 27,000 Increase departmental

total. 66,646 19,000 85,646

Health Promotion 1055191 51010 Salaries & Wages 75,000 (5,000) 70,000 1055191 51040 Salary Reserve 2,578 (2,500) 78 1055191 51300 Social Security 4,687 (1,000) 3,687 1055191 51330 Retirement 4,536 (1,000) 3,536 1055191 51350 Group Insurance 13,200 (3,200) 10,000

Meeting of June 18, 2007 Continued 8664

Decrease departmental total.

118,647 (12,700) 105,947

REVENUE 1044380 44112 Animal Control Fees 12,000 3,000 15,000 1044380 48160 Pet Adoptions 16,000 3,000 19,000 1045159 44160 Patient Fees 15,000 7,000 22,000 1045181 43313 Food & Lodging 750 4,029 4,779 1045181 43323 Environmental Health

Grant 6,000 250 6,250

1045181 43505 Childhood Lead Screening 0 400 400 1045191 48900 Miscellaneous 500 2,300 2,800 1045154 49900 Unencumbered Balance 338,673 13,000 351,673 Increase fund totals. 69,304,029 32,979 69,337,008

Change #32 The Board of County Commissioners approved an amendment to the FY 2006-2007 Budget Ordinance at their meeting on June 18, 2007. ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT GENERAL FUND EXPENDITURES Sheriffs 1054310 53040 Vehicle Maintenance 51,826 3,306 55,132 Increase departmental

total. 3,488,048 3,306 3,491,354

Emergency Services 1054370 55300 Refunds 25,000 11,600 36,600 Increase departmental

total. 4,030,862 11,600 4,042,462

REVENUE 1044000 48500 Insurance Refunds 21,693 3,306 24,999 1044330 44114 Hazmat Fees 27,630 1,600 29,230 1044340 44111 Fire Marshal Insp. Fees 9,000 10,000 19,000 Increase fund totals. 69,337,008 14,906 69,351,914 ROD AUTOMATION FUND EXPENDITURES 1954182 56010 Equipment 0 7,831 7,831 REVENUE 1944182 44100 Register of Deeds Fees 21,115 7,831 28,946 Increase fund totals. 21,115 7,831 28,946 WIRELESS 911 FUND EXPENDITURES 3554329 54200 Telephone 83,000 10,000 93,000 REVENUE 3544329 44113 Subscriber Changes 120,000 10,000 130,000 Increase fund totals. 120,000 10,000 130,000

Change #33 The Board of County Commissioners approved an amendment to the FY 2006-2007 Budget Ordinance at their meeting on June l8, 2007. ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT

Meeting of June 18, 2007 Continued 8665

GENERAL FUND EXPENDITURES Services Programs

1055313 51728 Daycare Contracted Services

2,614,250 250,000 2,864,250

1055313 57850 Crisis Intervention 50,896 40,000 90,896 Increase departmental

total. 5,110,594 290,000 5,400,594

Local Assistance 1055321 57720 State Foster Care-

Supplemental 41,000 (20,000) 21,000

Decrease departmental total.

534,222 (20,000) 514,222

Public Assistance Admin. 1055380 51030 Salaries & Wages Part-

Time 6,627 20,000 26,627

Increase departmental total.

1,789,440 20,000 1,809,440

REVENUE 1045313 42389 Child Daycare 2,614,250 250,000 2,864,250 1045313 42397 CIP Payments 50,896 40,000 90,896 Increase fund totals. 69,351,914 290,000 69,641,914

________________________________________ Upon motion of Commissioner Johnson, seconded by

Commissioner Miller, the Board voted unanimously for the County Manager to send the following resolutions to the North Carolina Department of Transportation regarding Big Oak Lane and Old Rail Road.

N. C. DEPARTMENT OF TRANSPORTATION

REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM

NORTH CAROLINA COUNTY OF SURRY Road Name: Big Oak Lane WHEREAS, the Surry County Board of Commissioners is requesting that the above named road be added to the Secondary Road System and paved; and WHEREAS, the Board is of the opinion that the above described road should be added to the Secondary Road System and paved, if the road meets minimum standards and criteria established by the Highway Division of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, BE IT RESOLVED by the Surry County Board of Commissioners that the Highway Division is hereby requested to review the above-described road, and to take over the road for maintenance if it meets established standards and criteria.

N. C. DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED

SECONDARY ROAD SYSTEM

Meeting of June 18, 2007 Continued 8666

NORTH CAROLINA COUNTY OF SURRY Road Name: Old Rail Road WHEREAS, the Surry County Board of Commissioners is requesting that the above named road be added to the Secondary Road System and paved; and WHEREAS, the Board is of the opinion that the above described road should be added to the Secondary Road System and paved, if the road meets minimum standards and criteria established by the Highway Division of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, BE IT RESOLVED by the Surry County Board of Commissioners that the Highway Division is hereby requested to review the above-described road, and to take over the road for maintenance if it meets established standards and criteria.

________________________________________ The Board asked the County Manager to have Tony Davis,

District Conservation Director, to update the Board on the Cody Creek and Fisher River restoration projects.

________________________________________ The Board discussed a proposed Occupancy Tax in Surry

County. ________________________________________ The Board continued budget deliberations. Upon motion of Commissioner Johnson, seconded by

Commissioner Miller, the Board voted unanimously to approve the budget ordinance as recommended by the County Manager with the additional list of adjustments and the add on list.

2007-2008 BUDGET ORDINANCE

Be it ordained by the Board of Commissioners of Surry County, North Carolina: SECTION 1. The following amounts are hereby appropriated in the General Fund for the operation of Surry Government and its activities for the fiscal year beginning July 1, 2007 and ending June 30, 2008:

CODE DEPARTMENT APPROPRIATION 10-4110 Governing Body 531,499 10-4120 Administration 198,414 10-4122 Human Resources Department 121,363 10-4130 Finance 612,280 10-4140 Tax Supervisor 1,501,491 10-4150 County Attorney 74,400 10-4170 Board of Elections 317,234 10-4180 Register of Deeds 495,636 10-4185 Judicial Center Building 331,179 10-4186 Cooper Street Building 24,500 10-4189 One Stop Center 16,700 10-4190 Building & Grounds – County 352,047 10-4192 Historic Courthouse 134,099 10-4194 Agriculture Building 36,500

Meeting of June 18, 2007 Continued 8667

10-4195 Health Department Building 71,051 10-4196 Admin/Social Services Building 265,900 10-4197 Human Services Building- Mt. Airy 140,706 10-4198 Special Appropriations 368,305 10-4199 Non-Departmental 609,000 10-4200 Central Services 30,900 10-4210 Management Information Service 465,607 10-4305 Pre-Trial Release (County) 74,762 10-4310 Sheriff’s 3,682,372 10-4315 Highway Safety Program 245 10-4316 School Resource Officer 114,196 10-4317 Criminal Justice Partnership 87,703 10-4318 Criminal Justice Discretionary 0 10-4320 County Jail 1,888,299 10-4325 Communications Center 758,358 10-4330 Emergency Management 89,328 10-4337 Bioterrorism Prep Grant 0 10-4340 Fire Marshal 225,108 10-4342 Fire and Rescue 282,650 10-4350 Inspections 633,233 10-4360 Medical Examiner 37,500 10-4370 Emergency Medical Services 4,137,670 10-4380 Rabies Control 344,850 10-4730 Lovill Creek Phase (I & II combined) 166,794 10-4910 Planning & Development 336,903 10-4912 Road Signs Project 18,950 10-4915 Capacity Building Grant 20,723 10-4920 Economic Development 135,000 10-4950 Cooperative Extension 342,699 10-4954 Healthy Families 47,693 10-4958 EFNEP Grant 16,350 10-4960 Soil & Water Conservation District 169,761 10-4962 Agriculture Cost Share Program 45,859 10-4964 Clean Water Grant-Fisher 500,000 10-4965 Clean Water-Snow Creek 757,343 10-4966 Clean Water Land Protection 40,000 10-4967 Clean Water Grant #3 29,162 10-4968 Clean Water Grant-Ararat 169,240 10-4969 Fish & Wildlife Grant 28,000 10-4971 Clean Water Grant-Phase IV 0 10-5110 Health Dept. Administration 117,630 10-5113 Smart Start-Health 82,641 10-5117 Access II-Health 249,915 10-5121 Communicable Disease/STD 290,855 10-5126 School Health 53,320 10-5143 In-Home Breastfeeding Grant 39,006 10-5148 Adult Primary Care 363,100 10-5152 Diabetes Grant 0 10-5153 Chronic Care Project 254,730 10-5154 Senior Services 4,696,500 10-5156 Faith in Action Grant 0 10-5158 Cancer Control Program 120,430 10-5159 Women’s Health/Wise Women 161,300 10-5160 Heart Disease/Stroke Prevention 73,000 10-5162 Maternal Health Program 358,600 10-5163 Child Health Program 699,930 10-5164 Family Planning Program 348,075 10-5167 Supplemental Food Program 434,775 10-5168 Partners in Healthy Eating 0 10-5170 Immunization Action Plan 305,900 10-5171 Infant Mortality Reduction 0 10-5173 Orthopedics 0 10-5177 Health Check Coordinator 41,146 10-5178 Child Service 225,550 10-5181 Environmental Health 623,325 10-5185 Bioterrorism & Preparedness 57,562

Meeting of June 18, 2007 Continued 8668

10-5189 College Tobacco Grant 29,500 10-5190 Health and Wellness Trust 85,028 10-5191 Health Promotions 53,700 10-5192 Dental Clinic 400,725 10-5193 RJR Dental Grant Program 0 10-5195 Migrant Farmworker Grant 62,220 10-5196 Healthy Carolinians 51,137 10-5210 Mental Health 236,506 10-5312 Social Services Administration 695,756 10-5313 Services’ Programs 5,616,469 10-5321 Local Assistance 665,428 10-5373 Child Support - Title IV-D 429,063 10-5375 IV-D Incentive Reinvestment 50,000 10-5380 Public Assistance Administration 1,932,279 10-5820 Veterans Service Office 117,075 10-5830 Community Action Program 133,346 10-5911 Current Expense-Schools 57000 Mount Airy Schools (1,727 students) 1,873,795 57001 Elkin Schools (1,029 students) 1,116,465 57002 County Schools (8,679 students) 9,416,715 59585 Charter School Reserve (360 students) 390,600 10-5921 Surry Community College M & O Department 1,960,000 10-6110 Library 409,136 10-6120 Recreation 384,107 10-6125 Fisher River Park 331,260 10-9810 Transfers to other Funds 59109 Transfer to Debt Service 1998 Ref 1,541,475 59110 Transfer to Debt Service 1995 College 102,504

59111 Transfer to Debt Service 1999 College 157,460 59115 Transfer to Debt Service 1995 School 400,000 59120 Transfer to Debt Service 2003 College 417,507 59121 Transfer to Debt Service W.F. Dev. Center 126,342 59122 Transfer to Debt Service Elkin & Mount Airy 858,525 59123 Transfer to Debt Service Prop. 0 59124 Transfer to Central Middle School 300,000 59130 Transfer to Schools Capital Outlay 1,892,200 59150 Transfer to Reappraisal Reserve 383,114 59240 Transfer to Water/Sewer 752,685 59250 Transfer to Capital Reserve-Landfill 0 59260 Transfer to Employee Benefits 394,050 59265 Transfer to Workers Comp. 450,000 59270 Transfer to Building Reserve 1,350,000 59300 Transfer to Bldg. Reserve-Debt Service 1,560,668 59400 Public Assistance Transfer 5,738,617 GENERAL FUND TOTALS 74,342,309 It is estimated that the following revenues will be available in the General Fund for the fiscal year beginning July 1, 2007 and ending June 30, 2008 to meet the foregoing General Fund appropriations:

CODE REVENUE SOURCE AMOUNT 10-4000-42100 Payment in Lieu of Taxes 700 10-4000-43100 Sales Tax 6,445,000 10-4000-43101 Sales Tax – Article 40 2,470,000 10-4000-43102 Sales Tax – Article 42 1,400,000 10-4000-43105 State Tax Article 44 2,970,000 10-4000-43122 State Beer & Wine 241,000 10-4000-48200 Surplus Property 10,000 10-4000-48500 Insurance Refunds 10,000 10-4000-48900 Miscellaneous 40,000 10-4000-49900 Unencumbered Balance 7,161,642 10-4110-44595 Donations 1,200 10-4130-44900 Interest Earned on Investments 1,000,000 10-4130-44910 Interest Earned-Checking Account 210,000 10-4130-44920 Interest Earned-Surry Clerk of Court 300 10-4140-41100 Ad Valorem Tax-Current 29,217,951

Meeting of June 18, 2007 Continued 8669

10-4140-41101 Ad Valorem Tax-Prior 520,000 10-4140-41102 Ad Valorem Tax-Previous 210,000 10-4140-41150 Gross Receipts Tax 14,000 10-4140-41700 Penalty/Int/Cost/Collect Fee 200,000 10-4140-44190 County Beer & Wine Licenses 3,000 10-4140-48100 Sale of Tax Maps/Xerox Copies 3,000 10-4170-44191 Presidential Primary 1,656 10-4170-44192 Elections-Pilot 1,300 10-4170-44193 Elections-Mount Airy 3,000 10-4170-44194 Elections-Elkin 2,200 10-4170-44195 Elections-Dobson 1,000 10-4170-48900 Miscellaneous-Board of Elections 300 10-4180-44100 Register of Deeds Fees 515,000 10-4192-44140 Court Cost Facility Fees 145,000 10-4310-42331 Social Security Incentive 0 10-4310-42336 LLEBG Grant 0 10-4310-43353 Highway Safety Program Grant 0 10-4310-44130 Court Cost Sheriffs Fees 27,000 10-4310-44131 Outside Officers Fees 500 10-4310-44132 Outside Officer Fees-50% 100 10-4310-44135 Fingerprint Fees (Sheriff) 3,000 10-4310-44136 Concealed Handgun Permit Fees 4,500 10-4310-44137 Court Cost Officers Fees 50,000 10-4310-44139 Court Cost Officer Fees 50% 22,000 10-4310-44145 Impound Fees 1,220 10-4310-44146 Impound Firearms 1,000 10-4310-48900 Miscellaneous-Sheriff’s Office 0 10-4315-48900 Miscellaneous-Highway Safety Program 245 10-4316-44570 School Resource Officer 114,196 10-4317-42346 Criminal Justice Partnership 87,703 10-4318-42345 Criminal Justice Discretionary 0 10-4320-43354 Safe Roads Act 8,000 10-4320-44138 Jail-Work Release 0 10-4320-44141 Jail Fees 40,000 10-4320-44142 State Confinement of Prisoners 60,000 10-4320-48980 Miscellaneous-Commissary 35,000 10-4320-48985 Commission-Commissary 6,000 10-4320-48990 Commission Pay Telephones 12,000 10-4330-42300 Emergency Management Grant 18,000 10-4330-44114 HazMat Fees 20,000 10-4337-42313 Bio-Terrorism Prep Grant 0 10-4340-44111 Fire Marshal Inspection Fees 10,000 10-4350-44120 Inspection Fees 175,000 10-4350-44121 Building Permits 100,000 10-4370-44110 EMS Fees 3,000,000 10-4380-44112 Animal Control Fees 12,000 10-4380-44115 Animal Control Citations 500 10-4380-44595 Donations 1,000 10-4380-48151 Sale Dogs 2,000 10-4380-48160 Pet Adoption 17,000 10-4380-48900 Miscellaneous 4,000 10-4910-48900 Miscellaneous Planning and Develop. 22,000 10-4915-43155 Capacity Building Grant 20,723 10-4950-44568 Weyerhaeuser Grant-Coop. Ext. 0 10-4950-48900 Miscellaneous 4,425 10-4954-42130 Bits and Bites Program 47,693 10-4958-43364 EFNEP Grant 16,350 10-4960-42120 Department of Agriculture 900 10-4960-43356 Clean Water 88,846 10-4960-43357 ACSP-Cost Share 4,000 10-4960-48900 Miscellaneous-Soil & Water 0 10-4962-43358 Agriculture Cost Share Program NCACS

Tech Assist Funds 22,930

10-4964-43356 Clean Water Grant 500,000 10-4965-43356 Clean Water Grant 757,343 10-4966-43356 Clean Water Grant 40,000

Meeting of June 18, 2007 Continued 8670

10-4967-43356 Clean Water Grant 29,162 10-4968-43356 Clean Water Grant 169,240 10-4969-42250 Fish & Wildlife Grant 28,000 10-4971-43356 Clean Water Grant 0 10-5110-43300 State & Fed Aid to County 32,034 10-5110-48900 Miscellaneous Health Department 2,000 10-5113-43163 Health Smart Start 82,641 10-5117-43324 Health Access II 249,915 10-5121-42351 Patient Fees-Medicaid 100 10-5121-42365 CDC TB Control 0 10-5121-43170 Substance Abuse 0 10-5121-43307 State-HIV 500 10-5121-43308 State-TB Medical Services 540 10-5121-43315 CDC 2,391 10-5121-43316 State TB Money 2,193 10-5121-44160 Patient Fees 250 10-5121-48900 Misc.-Communicable Disease/STD 50 10-5126-44171 Health Foundation 37,200 10-5143-43500 Smart Start-In Home Breastfeed Grant 39,006 10-5148-42350 Patient Fees-Medicare-Adult Prim. Care 5,000 10-5148-42351 Patient Fees-Medicaid 18,000 10-5148-43187 Community Health Grant 100 10-5148-44160 Patient Fees 58,000 10-5148-44200 Patient Fees-Private Insurance 14,000 10-5148-44500 Kate B. Reynolds-Adult Primary Care 0 10-5148-44564 Eckerd Foundation 10,000 10-5148-48900 Miscellaneous - Adult Primary Care 258,000 10-5152-42350 Patient Fees-Medicare-Diabetes Grant 0 10-5152-42351 Patient Fees-Medicaid 0 10-5152-43398 Diabetes Grant 0 10-5152-44160 Patient Fees 0 10-5152-44200 Patient Fees Private Ins. -Diabetes Grant 0 10-5153-43208 Chronic Care 254,730 10-5154-42350 Patient Fees-Medicare-St. Home Health 1,400,000 10-5154-42351 Patient Fees-Medicaid 2,831,500 10-5154-42352 Patient Fees-Vet Adm. 90,500 10-5154-43188 Health and Wellness 13,000 10-5154-43322 Chore Services-NWPCOG Grant 250,000 10-5154-43326 State Home Health 0 10-5154-43395 Caregiver Grant-NWPCOG 20,000 10-5154-43396 Aging & Disability Resource Center 25,500 10-5154-44160 Patient Fees 40,000 10-5154-44170 Chore/Respite Donations 3,000 10-5154-44200 Patient Fees Private Ins. State Home Hlt. 20,000 10-5154-44202 Home Health Contractual 2,000 10-5154-48900 Miscellaneous State Home Health 1,000 10-5156-44555 Faith in Action Grant 0 10-5158-42360 Cancer Control Program 20,090 10-5158-44200 Patient Fees-Private Ins. 50 10-5158-44551 Susan G. Komen Grant 30,000 10-5158-48900 Miscellaneous-Cancer Control Program 50 10-5159-42350 Patient Fees-Medicare 250 10-5159-42351 Patient Fees-Medicaid 1,200 10-5159-42361 Cardiovascular Disease 19,600 10-5159-44160 Patient Fees 20,000 10-5159-44200 Patient Fees-Private Insurance 600 10-5159-48900 Misc. Woman’s Health/Wise Women 100 10-5160-43309 NC Cardiovascular Health 73,000 10-5162-42349 Medicaid Post P/Newborn-Mat. Health 38,000 10-5162-42351 Patient Fees-Medicaid 200 10-5162-42353 Maternal Health Care 52,750 10-5162-42354 Maternal Health-Title XIX 50,000 10-5162-43310 State Grant 735 10-5162-43317 Mow-Baby Love 30,000 10-5162-44160 Patient Fees-Maternal Health 2,000 10-5162-44200 Patient Fees-Private Ins. 0

Meeting of June 18, 2007 Continued 8671

10-5162-48900 Miscellaneous-Maternal Health 100 10-5162-49900 Unencumbered Balance-Mat. Health 184,815 10-5163-42351 Patient Fees-Medicaid-Child Heath Prog. 544,484 10-5163-42355 Child Health Care 70,346 10-5163-42356 Child Health-TITLE XIX 0 10-5163-42640 School Nutrition 0 10-5163-43310 State Grant 0 10-5163-43560 School Nurse Initiative 50,000 10-5163-44160 Patient Fees-Child Heath Program 15,000 10-5163-44161 Pediatric Fees 0 10-5163-44200 Patient Fees-Private Ins.-Child Health 20,000 10-5163-48900 Miscellaneous Child Health Program 100 10-5164-42350 Patient Fees-Medicare 150 10-5164-42351 Patient Fees-Medicaid/ Family Planning 27,000 10-5164-42370 Family Planning 29,569 10-5164-42371 Family Planning-TITLE XIX 0 10-5164-42373 Children’s Special Health Services 5,200 10-5164-42450 TANF 100 10-5164-43301 State Family Plan 0 10-5164-43310 State Grant 5,000 10-5164-44160 Patient Fees-Family Planning 30,500 10-5164-44163 Family Planning Fees-Supp. Food 0 10-5164-44200 Patient Fees – Private Insurance 5,500 10-5164-48900 Miscellaneous-Family Planning 500 10-5167-42350 Patient Fees-Medicare Supp. Food 300 10-5167-42351 Patient Fees-Medicaid-Supp. Food 500 10-5167-42372 WIC 296,388 10-5167-44160 Patient Fees-Supplemental Food 500 10-5167-44200 Patient Fees-Private In. 400 10-5167-48900 Miscellaneous-Supp. Food 100 10-5168-43305 Partners in Health Eating 0 10-5170-42350 Patient Fees-Medicare Imm. Action Plan 25,000 10-5170-42351 Patient Fees-Medicaid 10,000 10-5170-42362 Federal Immunization Action Plan 12,279 10-5170-43327 State Immunization Action Plan 8,771 10-5170-44160 Patient Fees-Immunization Action Plan 90,000 10-5170-44200 Patient Fees-Private Insurance 15,000 10-5170-48900 Miscellaneous-Imm. Action Plan 100 10-5171-43314 Infant Mortality Reduction 0 10-5173-42351 Patient Fees-Medicaid-Orthopedics 0 10-5173-42373 Children’s SP Health Service 0 10-5173-42374 CSHS-Title XIX 0 10-5173-44160 Patient Fees-Orthopedics 0 10-5173-44200 Patient Fees-Private Insurance 0 10-5173-49900 Unencumbered Balance-Orthopedics 0 10-5177-42351 Patient Fees-Medicaid-Health Ck. Coor. 33,873 10-5177-49900 Unencumbered Balance Health Ck. Coor 7,273 10-5178-42351 Patient Fees-Medicaid-Child Service 94,500 10-5178-42364 Child Service Coordinator XIX 0 10-5178-43319 Child Service Coordinator 28,712 10-5178-48900 Miscellaneous-Child Services 25 10-5178-49900 Unencumbered Balance-Health Ck. Coor 102,313 10-5181-43310 St Grant 60,000 10-5181-43313 Food & Lodging-Environmental Health 750 10-5181-43323 Environmental Health Grant 6,000 10-5181-44162 Environmental Health Fees 135,400 10-5185-42600 Bioterrorism (4514) 51,562 10-5185-42628 Lnd Nan Connectivity (4520) 6,000 10-5189-43210 College Tobacco Grant 29,500 10-5190-43188 Health and Wellness 85,028 10-5191-43312 Health Promotions 34,716 10-5191-43397 Healthy Carolinians 0 10-5191-44171 Health Foundation 0 10-5191-48900 Miscellaneous-Health Promotions 0 10-5191-49900 Unencumbered Balance-Health Prom. 0 10-5192-42351 Patient Fees-Medicaid-Dental Clinic 313,625

Meeting of June 18, 2007 Continued 8672

10-5192-44160 Patient Fees-Dental Clinic 37,000 10-5192-44200 Patient Fees – Private Insurance 50,000 10-5192-48900 Miscellaneous-Dental Clinic 100 10-5193-44566 Smart Start Dental Grant 0 10-5195-42359 Migrant Farmworker Grant 60,360 10-5195-44160 Patient Fees-Migrant Farmworker 0 10-5196-43397 Healthy Carolinians 10,000 10-5196-44171 Health Foundation 15,000 10-5196-4990 Unencumbered Balance 5,000 10-5312-42407 SACWIS-DSS 0 10-5312-48900 Miscellaneous-Social Services Admin. 0 10-5313-42380 Social Service Block Grant 231,643 10-5313-42382 Permanency Planning 26,761 10-5313-42383 IV-E Optional Admin 70,806 10-5313-42389 Child Day Care 3,061,405 10-5313-42390 CCDF Admin. 107,767 10-5313-42391 Adult Care Home CM 89,127 10-5313-42393 Community Work Exp Program (SWAP) 30,110 10-5313-42394 LIEAP& CIP Admin 19,254 10-5313-42397 CIP Payments 67,539 10-5313-42398 Title XIX Med Transport 27,052 10-5313-42403 Independent Living Program 4,025 10-5313-42404 Medicaid Case Mgt. 153,647 10-5313-42405 Work First 0 10-5313-42406 IV-E/CPS 127,741 10-5313-42410 Fingerprinting 200 10-5313-42450 TANF 632,478 10-5313-42452 TANF to SSBG 38,088 10-5313-42455 TANF Adoption 45,495 10-5313-42500 Domestic Violence 12,316 10-5313-43370 DMA2055-Transportation 300,000 10-5313-43373 State In-Home Services 9,306 10-5313-43378 Smart Start Admin 30,000 10-5313-43382 NC Dot Grant 9,000 10-5313-43400 Adult Home Specialist 25,881 10-5321-42392 Adoption Assistance (Vendor) 55,800 10-5321-42400 Reimburse Distribution of Food 15,000 10-5321-42408 Title IV-E Foster Care AFDC 184,180 10-5321-43371 St Foster Care Benefits Program 40,200 10-5321-43385 Spec. Adoption 0 10-5321-44600 Foster Care Donation 3,000 10-5321-44610 Christmas Donation 0 10-5321-44639 Links Scholarship 2,000 10-5373-42401 Title IV D Collection/Incentive 50,000 10-5373-42402 IV-D Administration 364,465 10-5380-42384 Food Stamp Administration-Public Asst. 430,591 10-5380-42385 MA Expansion 22,064 10-5380-42387 Medical Asst Administration 771,502 10-5380-43374 State Aid to Co Administration 46,901 10-5380-43375 NC Health Choice Administration 86,126 10-5380-43377 Program Integrity-Public Assistance 0 10-5820-43359 State Veterans 2,000 10-6120-48900 Miscellaneous-Recreation 10,000 10-6125-43390 PARTF Grant-Fisher River 0 10-6125-44630 Gift Catalog Donations-Fisher River Pk. 29,800 10-6125-48610 Rent Income-Fisher River Park 4,000 10-6125-48900 Miscellaneous-Fisher River Park 8,000 TOTAL GENERAL FUND REVENUE ESTIMATED 74,342,309

There is hereby levied a tax rate of 63.0 cents per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 2007 for the purpose of raising the revenue listed as Ad Valorem Tax-Current in the General Fund Revenue Sources. This amount of tax is based on an estimated total value of property for the purpose of taxation of $4,831,010,495 and an estimated collection rate of 96%. ______________________________________________________________________

Meeting of June 18, 2007 Continued 8673

SECTION 2. The following amounts are hereby appropriated in the General Fund –Economic Development for the said fiscal year.

CODE ACTIVITY APPROPRIATION 11-4922-51500 Professional Services 25,000 11-4922-57129 Champion Printing 0 11-4922-57137 Poli-Twine 5,000 11-4922-57138 SouthData 24,000 11-4922-57139 Gerard’s Bakery 21,684 11-4922-57141 Basalt 0 11-4922-57144 Exit 93 Project 0 11-4922-57145 Toast Water Extension 0 11-4922-57146 MA/SC Industrial Park 62,382 11-4922-57148 Elkin/I-77 Project 0 11-4922-57150 Welcome Center Project 75,000 11-4922-57153 Elkin Business Park 0 11-4922-57158 Advanced Electronics 6,361 11-4922-57159 Park Drive Water LWE 0 11-4922-57165 ASMO Corp (1 of 5 Payments) 4 of 5 12,870 11-4922-57183 CK Technologies-Site 31,824 11-4922-57185 Elkin Corporate Park 100,000 11-4922-57186 Henredon 0 11-4922-57187 Galaxy Filters 0 11-4922-57188 A. Brown Mechanical 0 11-4922-57189 Kentucky Derby Hosiery 0 11-4922-59500 Contingency 200,000 11-4922-59675 Water/Sewer Reserve 50,000 11-9120-58200 Lease/Purchase Principal 476,711 11-9120-58210 Lease/Purchase Interest 54,353 11-9120-58215 Ind. Dev. Loan Principal 15,000 TOTAL APPROPRIATIONS –GENERAL FUND – ECONOMIC DEV. 1,160,185 It is estimated that the following revenues will be available in the General Fund-Water/Sewer for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 11-4922-44400 Mt. Airy Contribution 0 11-4922-49800 Transfer from General Fund 752,685 11-4922-49900 Unencumbered Balance 400,000 11-9120-44400 Mount Airy Contribution 7,500 TOTAL ESTIMATED GENERAL FUND-ECONOMIC DEV. REVENUES 1,160,185 ______________________________________________________________________ SECTION 3. The following amounts are hereby appropriated in the General Fund-Debt Service for the said fiscal year.

CODE ACTIVITY APPROPRIATION 12-9110-58030 Principal 1995 School 311,019 12-9110-58040 Interest 1995 Series 187,265 12-9110-58045 Principal 1999 MA Middle 402,683 12-9110-58046 Interest 1999 MA Middle 30,804 12-9110-58050 Principal 1995 College 63,981 12-9110-58060 Interest 1995 College 38,523 12-9110-58065 Principal 1998 Refunding 1,255,000 12-9110-58066 Interest 1998 Refunding 286,475 12-9110-58070 Principal 1999 College 100,000 12-9110-58080 Interest 1999 College 57,460 12-9110-58085 Principal 2001 (QZAB) Tharrington &

Copeland 161,040

12-9110-58086 Principal 2003 College 287,267 12-9110-58087 Interest 2003 College 130,240 12-9110-58088 Principal 2003 W F Dev. Center 105,417 12-9110-58089 Interest 2003 W F Dev. Center 34,527 12-9110-58091 Principal 2004 (QZAB) Mt. Airy 93,044 12-9110-58093 Principal 2004 (QZAB) Surry County 116,100 12-9110-58094 Principal 2005 High School 700,000

Meeting of June 18, 2007 Continued 8674

12-9110-58096 Interest 2005 High School 214,253 12-9110-58098 Principal 2006 Central Middle School 358,334 12-9110-58099 Interest 2006 Central Middle School 166,796 12-9110-58100 Principal 2006 North Surry 150,000 12-9110-58101 Interest 2006 North Surry 51,893 12-9110-58105 Principal 2006 Mount Airy QZAB 92,998 12-9110-58110 Principal 2007 Surry County QZAB 142,858 12-9110-58220 Prop Debt 0 12-9110-59625 College D.S. Reserve 0 TOTAL APPROPRIATIONS – GENERAL FUND- DEBT SERVICE 5,537,977 It is estimated that the following revenues will be available in the General Fund-Debt Service for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 12-9110-44400 Mount Airy Contribution 13,602 12-9110-49801 DS Trans From GF (05 High Schools) 858,525 12-9110-49802 DS Trans From GF (1995 College) 102,504 12-9110-49803 DS Trans From GF (1999 College) 157,460 12-9110-49804 DS Trans from GF (1998 Refunding) 1,541,475 12-9110-49807 DS Trans from GF (1995 School) 400,000 12-9110-49808 DS Trans from GF (2003 College) 417,507 12-9110-49809 DS Trans from GF (2003 WF Dev. Ctr.) 126,342 12-9110-49810 DS Trans from GF(2006 Cent. Md. Sc.) 300,000 12-9110-49814 DS Trans from (2006 North Surry) 201,893 12-9110-49817 DS Trans from (2006 Mt. Airy QZAB) 92,998 12-9110-49818 DS Trans from (Surry Co. QZAB) 142,858 12-9110-49819 DS Trans from CR (1999 MA Middle) 433,487 12-9110-49820 DS Trans from CR (05 High School

SCHS) 55,728

12-9110-49821 DS Trans from CR (1995 Bonds) 98,284 12-9110-49822 DS Trans from CR (1998 Refunding) 0 12-9110-49887 DS Trans from GF Proposed 0 12-9110-49891 DS Trans from CR (2006 Central

Middle) 225,130

12-9110-49895 DS Trans from CR (QZAB) Tharrington & Copeland

161,040

12-9110-49896 DS Trans from CR MA (QZAB) 2004 93,044 12-9110-49898 DS Trans from CR SC (QZAB) 2004 116,100 12-9110-49900 Unencumbered Balance 0 TOTAL REVENUE – GENERAL FUND- DEBT SERVICE 5,537,977 ______________________________________________________________________ SECTION 4. The following amounts are hereby appropriated in the General Fund-Total Employee Benefits Fund for the said fiscal year.

CODE ACTIVITY APPROPRIATION 13-4230-51370 Retiree Insurance 165,000 13-4230-51500 Professional Services 0 13-4230-52010 Supplies and Materials 50 13-4230-55615 Reimbursement Expenditures 125,000 13-4230-55616 Influenza Immunization 0 13-4230-59500 Contingency 10,000 13-4235-51355 Claims 3,000,000 13-4235-55580 Administrative Cost 420,000 13-4235-59555 Reserve 170,000 13-4237-51010 Salaries 100,000 13-4237-51040 Salary Reserve 1,369 13-4237-51300 Social Security 2,480 13-4237-51310 Medicare 580 13-4237-51330 Retirement 2,400 13-4237-51350 Group Insurance 6,659 13-4237-51500 Professional Services 8,500 13-4237-51720 Cont. Services 5,000 13-4237-52010 Supplies and Materials 12,812 13-4237-52020 Med Supplies 7,500

Meeting of June 18, 2007 Continued 8675

13-4237-54010 Travel/Training 500 13-4237-54250 Postage 200 13-4237-54350 Printing 3,000 13-4237-59500 Contingency 4,000 TOTAL APPROPRIATIONS –GENERAL FUND- EMPLOYEE BENEFITS FUND

4,045,050

It is estimated that the following revenues will be available in the General Fund– Employee Benefits Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 13-4230-44900 Interest Earned on Investments 26,000 13-4230-49800 Transfer from General Fund 269,050 13-4230-49900 Unencumbered Balance 5,000 13-4235-44800 Premiums 3,620,000 13-4237-49800 Transfer from General Fund 125,000 TOTAL ESTIMATED REVENUES – GENERAL FUND- EMPLOYEE BENEFITS FUND

4,045,050

______________________________________________________________________ SECTION 5. The following amounts are hereby appropriated in the General Fund-HOME (HUD) Program for the said fiscal year:

CODE ACTIVITY APPROPRIATION 14-4970-57195 HOME Program 1,400,000 14-4970-57196 Program Returns 400,000 TOTAL APPROPRIATIONS – GENERAL FUND-HOME (HUD) PROGRAM

1,800,000

It is estimated that the following revenues will be available in the General Fund – HOME (HUD) Program for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 14-4970-42348 HOME Program 1,400,000 14-4970-44350 Program Income 400,000 14-4970-49900 Unencumbered Balance 0 TOTAL ESTIMATED REVENUES – HOME (HUD) PROGRAM

1,800,000

______________________________________________________________________ SECTION 6. The following amounts are hereby appropriated in the General Fund-Cooperative Extension Fund for the said fiscal year:

CODE ACTIVITY APPROPRIATION 15-4951-51030 Salary Part-time 0 15-4951-51300 Social Security 0 15-4951-51310 Medicare 0 15-4951-51720 Cont Service 1,000 15-4951-55650 Miscellaneous 39,000 TOTAL APPROPRIATIONS – GENERAL FUND-COOPERATIVE EXTENSION FUND

40,000

It is estimated that the following revenues will be available in the General Fund – Cooperative Extension Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 15-4951-48900 Miscellaneous 40,000 15-4951-49900 Unencumbered Balance 0 TOTAL ESTIMATED REVENUES – COOPERATIVE EXTENSION FUND

40,000

______________________________________________________________________ SECTION 7. The following amounts are hereby appropriated in the General Fund-Sheriff’s – Special Accounts for the said fiscal year:

CODE ACTIVITY APPROPRIATION 16-4322-55655 Miscellaneous-Levy 65,000

Meeting of June 18, 2007 Continued 8676

16-4322-55656 Miscellaneous-DARE 4,000 16-4322-55657 Miscellaneous-Special Events 33,000 TOTAL APPROPRIATIONS – GENERAL FUND- SHERIFF’S – SPECIAL ACCOUNTS

102,000

It is estimated that the following revenues will be available in the General Fund - Sheriff’s - Special Accounts for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 16-4322-48910 Miscellaneous Revenue-Levy 65,000 16-4322-48911 Miscellaneous Revenue-Dare 4,000 16-4322-48912 Misc. Revenue-Special Events 33,000 TOTAL ESTIMATED REVENUES – GENERAL FUND- SHERIFF’S SPECIAL ACCOUNTS

102,000

______________________________________________________________________ SECTION 8. The following amounts are hereby appropriated in the General Fund- Workers Compensation Fund.

CODE REVENUE SOURCE AMOUNT 17-4238-51010 Salaries 33,240 17-4238-51010 Salary Reserve 1,124 17-4238-51300 Social Security 2,061 17-4238-51310 Medicare 485 17-4238-51330 Retirement 1,662 17-4238-51350 Group Insurance 8,960 17-4238-51355 Claims 200,000 17-4238-52010 Supplies and Materials 2,000 17-4238-54010 Travel/Training 1,000 17-4238-55580 Admin. Cost 100,000 17-4238-59555 Reserve 99,468 TOTAL APPROPRIATIONS – GENERAL FUND- WORKERS COMPENSATION FUND

450,000

It is estimated that the following revenues will be available in the General Fund – Workers Compensation Fund for the said fiscal year to meet the foregoing appropriations:

CODE ACTIVITY APPROPRIATION 17-4238-49800 Transfer General Fund 450,000 TOTAL ESTIMATED REVENUES – GENERAL WORKERS COMPENSTION FUND

450,000

It is estimated that the following revenues will be available in the General Fund – Workers Compensation Fund for the said fiscal year to meet the foregoing appropriations: SECTION 9. The following amounts are hereby appropriated in the General Fund-Sheriff’s - Narcotics for the said fiscal year:

CODE ACTIVITY APPROPRIATION 18-4311-51500 Professional Services 1,000 18-4311-52500 Supplies-Narcotics 22,000 18-4311-52900 Small Equipment 1,200 18-4311-53030 Equip Maintenance-Narcotics 1,600 18-4311-55700 Drug Dog 16,100 18-4311-56020 Equipment-Narcotics 10,000 TOTAL APPROPRIATIONS – GENERAL FUND-SHERIFF’S NARCOTICS

51,900

It is estimated that the following revenues will be available in the General Fund - Sheriff’s Narcotics for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 18-4311-42330 US Equitable Sharing 0 18-4311-43355 NC Controlled Substance Tax 15,000 18-4311-48200 Surplus Property 0

Meeting of June 18, 2007 Continued 8677

18-4311-48900 Miscellaneous 0 18-4311-49900 Unencumbered Balance 36,900 TOTAL ESTIMATED REVENUES – GENERAL FUND- SHERIFF’S NARCOTICS

51,900

SECTION 10. The following amounts are hereby appropriated in the General Fund-Register of Deeds Automation Fund for the said fiscal year:

CODE ACTIVITY APPROPRIATION 19-4182-58200 Lease Purchase/Principal 0 19-4182-58210 Lease Purchase/Interest 0 19-4182-59500 Contingency 40,000 TOTAL APPROPRIATIONS – GENERAL FUND- REGISTER OF DEEDS AUTOMATION FUND

40,000

It is estimated that the following revenues will be available in the General Fund-Register of Deeds Automation Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 19-4182-44100 Register of Deeds 40,000 19-4182-49900 Unencumbered Balance 0 TOTAL ESTIMATED REVENUES – GENERAL FUND- REGISTER OF DEEDS AUTOMATION FUND

40,000

SECTION 11. The following amounts are hereby appropriated in the Public Assistance Fund for the said fiscal year:

CODE ACTIVITY APPROPRIATION 31-5410-57550 Medical Assistance 5,000,000 31-5410-57551 Medical Assistance – State 0 31-5410-57570 Special Assistance for Adults 1,018,080 31-5410-57571 Special Assistance for Adults – State 0 31-5410-57770 TANF-County Issue 0 31-5410-57775 Aid to the Blind 10,062 31-5410-57776 Aid to the Blind – State 0 TOTAL APPROPRIATIONS – PUBLIC ASSISTANCE FUND 6,028,142 It is estimated that the following revenues will be available in the Public Assistance Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 31-5410-42450 TANF 0 31-5410-42451 Medical Assistance 0 31-5410-43379 Aid to Blind-State 0 31-5410-43380 Special Assistance for Adults-State 0 31-5410-49800 Transfer from General Fund 5,738,617 31-5410-49900 Unencumbered Balance 289,525 TOTAL ESTIMATED REVENUE – PUBLIC ASSISTANCE FUND

6,028,142

______________________________________________________________________ SECTION 12. The following amounts are hereby appropriated in the Reappraisal Fund for the said fiscal year.

CODE ACTIVITY APPROPRIATION 33-4141 Reappraisal Dept. 423,114 TOTAL APPROPRIATIONS – REAPPRAISAL FUND 423,114 It is estimated that the following revenues will be available in the Reappraisal Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 33-4141-44900 Interest Earned on Investments 0 33-4141-49800 Transfer From General Fund 383,114 33-4141-49900 Unencumbered Balance 40,00

Meeting of June 18, 2007 Continued 8678

TOTAL ESTIMATED REVENUES-REAPPRAISAL FUND 423,114 ______________________________________________________________________ SECTION 13. The following amounts are hereby appropriated in the Emergency Telephone (E-911) Fund for the said fiscal year.

CODE ACTIVITY APPROPRIATION 34-4327 Emergency Telephone 911 445,000 TOTAL APPROPRIATIONS - E-911 FUND 445,000 It is estimated that the following revenues will be available in the Emergency Telephone (E-911) Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 34-4327-44113 Subscriber Charges 440,000 34-4327-44900 Interest Earned on Investments 5,000 34-4327-49900 Unencumbered Balance 0 TOTAL ESTIMATED REVENUES – E-911 FUND 445,000 ______________________________________________________________________ SECTION 14. The following amounts are hereby appropriated in the Wireless 911 Telephone Fund for the said fiscal year.

CODE ACTIVITY APPROPRIATION 35-4329 Wireless 911 Telephone 138,000 TOTAL APPROPRIATIONS – WIRELESS 911 FUND 138,000 It is estimated that the following revenues will be available in the Wireless 911 Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 35-4329-44113 Subscriber Charges 138,000 35-4329-49900 Unencumbered Balance 0 TOTAL ESTIMATED REVENUES – WIRELESS 911 FUND

138,000

______________________________________________________________________ SECTION 15. The following amounts are hereby appropriated in the Schools Capital Outlay Fund for the said fiscal year.

CODE ACTIVITY APPROPRIATION 36-5912-57010 Mount Airy Schools Capital Outlay 155,430 36-5912-57011 Elkin Schools Capital Outlay 92,610 36-5912-57012 County Schools Capital Outlay 781,110 36-5912-57013 County Schools Tracks 144,000 36-5912-57015 County Schools Tennis Courts 324,500 36-5912-57016 County Schools Parking Lots 0 36-5912-57017 County Schools Mobiles 221,300 36-5912-57018 County Schools Locker 240,000 36-5912-57019 County Schools Wastewater 0 36-5912-57020 County Schools-Land & Property 0 36-5912-57021 County Schools Roofing 500,000 36-5912-57023 County Schools Gym HVAC 200,000 36-5912-57024 County School-High Schools 0 36-5912-57025 County Schools-North Surry Gym 80,000 36-5912-57026 County School Boilers 120,000 36-5912-57027 County School Bleacher 0 36-5912-57028 County School Painting 125,000 36-5912-57029 County Schools-Franklin Roof 0 36-5912-57030 County Schools Technology Grant 173,580 36-5912-57032 Mount Airy School Fuel Tank 0 36-5912-57034 Mount Airy High School Windows 0 36-5912-57166 Mount Airy Technology Grant 34,540 36-5912-57167 Elkin Elementary Roof 0 36-5912-57168 Elkin Schools Mobiles 235,518 36-5912-57169 Elkin Administrative RF 0 36-5912-57175 Elkin Classrooms 0

Meeting of June 18, 2007 Continued 8679

36-5912-57176 Elkin Technology Grant 20,580 36-5912-57178 Elkin High Design 0 36-5912-57200 High School Athletic Grant 100,000 36,5912-57210 Middle School Athletic Grant 100,000 TOTAL APPROPRIATIONS – SCHOOLS CAPITAL OUTLAY FUND 3,648,168 It is estimated that the following revenues will be available in the Schools Capital Outlay Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT

36-5912-49800 Transfer from General Fund 1,892,200 36-5912-49825 Transfer from CR-North Su. Gym 80,000 36-5912-49826 Transfer from CR Franklin Roof 0 36-5912-49828 Transfer from CR–Co Mobiles 221,300 36-5912-49829 Transfer from CR- Co Park Lots 0 36-5912-49830 Transfer from CR Co. Roofing 0 36-5912-49836 Transfer from CR Mt. Airy Tech. 0 36-5912-49837 Transfer from CR- Co. Wastewater 0 36-5912-49838 Transfer from CR-County Land 0 36-5912-49844 Transfer from CR Elkin High Design 0 36-5912-49845 Transfer from CR-Elkin Mobiles 235,518 36-5912-49846 Transfer from CR–Elkin Classrooms 0 36-5912-49848 Transfer from CR-County Tennis 90,000 36-5912-49849 Transfer from CR-Central Middle 0 36-5912-49850 Transfer from CR-MA Lights 0 36-5912-49851 Transfer from CR-MA Fuel Tanks 0 36-5912-49853 Transfer from CR-Mount Airy High 0 36-5912-49857 Transfer from CR-Co. HS Locker UPG 0 36-5912-49859 Transfer from CR-Co. High Schools 0 36-5912-49860 Transfer from CR-Elk Adm RF 0 36-5912-49861 Transfer from CR-Elk Elem RF 0 36-5912-49863 Transfer-from CR- Co. Bleacher 0 36-5912-49864 Transfer-from CR-Walkway 0 36-5912-49865 Transfer from CR-Co. Gym 100,000 36-5912-49890 Transfer from CR – Regular CO 1,029,150 TOTAL ESTIMATED REVENUES – SCHOOLS CAPITAL OUTLAY FUND 3,648,168 ______________________________________________________________________ SECTION 16. The following amounts are hereby appropriated in the Schools Capital Reserve Fund for the said fiscal year.

CODE ACTIVITY APPROPRIATION 37-5918-59100 Transfer Debt Service-04 MA (QZAB)

2004 93,044

37-5918-59105 Transfer Debt Service-04 SC (QZAB) 2004

116,100

37-5918-59106 Transfer Debt Service-05 HS 55,728 37-5918-59107 Transfer Debt Service-06 CMS 225,130 37-5918-59108 Transfer Debt Service-06 North Surry 201,893 37-5918-59112 Transfer Debt Service-06 Mt. Airy

(QZAB) 92,998

37-5918-59114 Transfer Debt Service-07 SC (QZAB) 142,858 37-5918-59115 Transfer Debt Service – 95 Schools 98,284 37-5918-59117 Transfer Debt Service-98 Refunding 0 37-5918-59118 Transfer Debt Service 99 MA Middle 433,487 37-5918-59119 Transfer Debt Service-QZAB Copeland

and Tharrington 161,040

37-5918-59125 Transfer Capital Outlay – Reg CO 1,029,150 37-5918-59131 Transfer Capital Outlay-Tennis 90,000 37-5918-59135 Transfer Capital Outlay-Nt Surry Gym 80,000 37-5918-59140 Transfer Capital Outlay-Mt Airy High 0 37-5918-59155 Transfer Capital Outlay-MA Lights 0 37-5918-59156 Transfer Capital Outlay MA Fuel Tanks 0 37-5918-59159 Trans Capital Outlay-Elkin Adm Roof 0 37-5918-59160 Trans Capital Outlay-Elkin Classroom 0

Meeting of June 18, 2007 Continued 8680

37-5918-59161 Trans Capital Outlay –Co. Mobiles 221,300 37-5918-59162 Trans Capital Outlay-Locker 0 37-5918-59163 Trans Capital Outlay-Co. SCHS Parking 0 37-5918-59165 Trans Capital Outlay-Wastewater 0 37-5918-59166 Trans Capital Outlay – Co. Land 0 37-5918-59167 Trans Capital Outlay-Mount Airy Tech 0 37-5918-59168 Trans Capital Outlay-Elkin Elem Roof 0 37-5918-59169 Trans Capital Outlay – Elkin Mobiles 235,518 37-5918-59172 Trans Capital Outlay-County Gym 100,000 37-5918-59183 Trans Capital Outlay-Central Middle 0 37-5918-59184 Trans Capital Outlay-Walkway 0 37-5918-59186 Trans Capital Outlay Co Roofing 0 37-5918-59188 Trans Capital Outlay-Co High Schools 0 37-5918-59189 Trans Capital Outlay-Co. Franklin Roof 0 37-5918-59190 Trans Capital Outlay-Bleachers 0 37-5918-59195 Trans Capital Outlay-Elkin Design 0 37-5918-59500 Contingency 10,000 37-5918-59560 Reserve for Sub Year DS 0 37-5918-59615 Emergency Reserve 0 TOTAL APPROPRIATIONS – SCHOOLS CAPITAL RESERVE FUND 3,386,530 It is estimated that the following revenues will be available in the Schools Capital Reserve Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 37-5918-43101 Sales Tax - Article 40 1,055,000 37-5918-43102 Sales Tax -Article 42 2,100,000 37-5918-43344 Public School Building Fund 0 37-5918-43346 Public School Bldg-Elk Elem RF 0 37-5918-44900 Interest Earned on Investments 15,000 37-5918-49900 Unencumbered Balance 216,530 TOTAL ESTIMATED REVENUES – SCHOOLS CAPITAL RESERVE FUND 3,386,530 ______________________________________________________________________ SECTION 17. The following amounts are hereby appropriated for the CDBG Scattered Sites Grant.

CODE ACTIVITY APPROPRIATION 38-4975-51645 Rehabilitation 175,000 38-4975-55580 Administrative Cost 25,000 TOTAL APPROPRIATIONS – CDBG SCATTERED SITES GRANT 200,000 It is estimated that the following revenues will be available in CDBG Scattered Sites Grant for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 38-4975-42195 CDBG Sites 200,000 TOTAL ESTIMATED REVENUES – CDBG SCATTERED SITES GRANT 200,000 ______________________________________________________________________ SECTION 18. The following amounts are hereby appropriated in the Elkin School Special District Fund for the said fiscal year.

CODE ACTIVITY APPROPRIATION 40-5916-55300 Refunds 1,000 40-5916-57500 Annual Appropriation 849,828 TOTAL APPROPRIATIONS - ELKIN SCHOOL SPECIAL DISTRICT FUND

850,828

It is estimated that the following revenues will be available in the Elkin School Special District Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 40-5916-41100 Ad Valorem Tax-Current 830,828 40-5916-41101 Ad Valorem Tax-Prior 10,000 40-5916-41102 Ad Valorem Tax-Previous 5,000 40-5916-41700 Pen/Int/Co 5,000

Meeting of June 18, 2007 Continued 8681

TOTAL ESTIMATED REVENUES – ELKIN SCHOOLS SPECIAL FUND DISTRICT

850,828

There is hereby levied a tax at the rate 13.3 cents per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 2007 for the purpose of raising the revenue listed as Elkin Schools 2006 Special Tax in the revenue sources of this fund. This amount of tax is based on an estimated total value of property for the purpose of taxation of $650,711,749 and an estimated collection rate of 96%. ______________________________________________________________________ SECTION 19. The following amounts are hereby appropriated in the Mount Airy Schools Special District Fund for the said fiscal year.

CODE ACTIVITY APPROPRIATION 41-5915-55300 Refunds 1,000 41-5915-57500 Annual Appropriation 800,878 TOTAL APPROPRIATIONS – MOUNT AIRY SCHOOLS SPECIAL FUND DISTRICT

801,878

It is estimated that the following revenues will be available in the Mount Airy Schools Special District Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 41-5915-41100 Ad Valorem Tax-Current 780,878 41-5915-41101 Ad Valorem Tax-Prior 11,000 41-5915-41102 Ad Valorem Tax-Previous 5,000 41-5915-41700 Pen/Int/Co 5,000 TOTAL REVENUE – MT. AIRY SCHOOLS SPECIAL FUND DISTRICT 801,878 There is hereby levied a tax at the rate of 10.7 cents per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 2007 for the purpose of raising the revenue listed as Mount Airy Schools 2006 Special Tax in the revenue sources of this fund. This amount of tax is based on an estimated total value of property for the purpose of taxation of $760,201,497 and an estimated collection rate of 96%. ______________________________________________________________________ SECTION 20. The following amounts are hereby appropriated in the Ararat Fire District Fund for the said fiscal year.

CODE ACTIVITY APPROPRIATION 42-4381-55300 Refunds 300 42-4381-57500 Annual Appropriation 86,761 TOTAL APPROPRIATIONS – ARARAT FIRE DISTRICT 87,061 It is estimated that the following revenues will be available in the Ararat Fire District Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT

42-4381-41100 Ad Valorem Tax-Current 84,261 42-4381-41101 Ad Valorem Tax-Prior 1,500 42-4381-41102 Ad Valorem Tax-Previous 500 42-4381-41700 Pen/Int/Co 800 TOTAL REVENUE – ARARAT FIRE DISTRICT 87,061 There is hereby levied a tax at the rate of 8.7 cents per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 2007 in the Ararat Fire Tax District for the purpose of raising the revenue listed as Ararat Fire 2006 Special Tax in the Ararat Fire District Fund. This amount of tax is based on an estimated total value of property for the purpose of taxation of $100,887,612 and an estimated collection rate of 96%. ______________________________________________________________________ SECTION 21. The following amounts are hereby appropriated in the Bannertown Fire District Fund for the said fiscal year.

Meeting of June 18, 2007 Continued 8682

CODE ACTIVITY APPROPRIATION 43-4382-55300 Refunds 200 43-4382-57500 Annual Appropriation 202,259 TOTAL APPROPRIATIONS – BANNERTOWN FIRE DISTRICT 202,459 It is estimated that the following revenues will be available in the Bannertown Fire District Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 43-4382-41100 Ad Valorem Tax- Current 196,659 43-4382-41101 Ad Valorem Tax – Prior 3,000 43-4382-41102 Ad Valorem Tax – Previous 1,400 43-4382-41700 Pen/Int/Co 1,400 TOTAL REVENUE – BANNERTOWN FIRE DISTRICT 202,459 There is hereby levied a tax at the rate of 5.5 cents per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 2007 in the Bannertown Fire Tax District for the purpose of raising the revenue listed as Bannertown Fire 2006 Special Tax in the Bannertown Fire District Fund. This amount of tax is based on an estimated total value of property for the purpose of taxation of $372,462,068 and an estimated collection rate of 96%. ______________________________________________________________________ SECTION 22. The following amounts are hereby appropriated in the CC Camp Fire District Fund for the said fiscal year.

CODE ACTIVITY APPROPRIATION 44-4384-55300 Refunds 200 44-4384-57500 Annual Appropriation 103,998 TOTAL APPROPRIATIONS - CC CAMP FIRE DISTRICT 104,198 It is estimated that the following revenues will be available in the CC Camp Fire District Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 44-4384-41100 Ad Valorem Tax – Current 100,898 44-4384-41101 Ad Valorem Tax – Prior 1,200 44-4384-41102 Ad Valorem Tax – Previous 600 44-4384-41700 Pen/Int/Co 1,500 TOTAL REVENUE – CC CAMP FIRE DISTRICT 104,198 There is hereby levied a tax at the rate of 6.8 cents per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 2007 in the CC Camp Fire Tax District for the purpose of raising the revenue listed as CC Camp Fire 2006 Special Tax in the CC Camp Fire District Fund. This amount of tax is based on an estimated total value of property for the purpose of taxation of $154,562,580 and an estimated collection rate of 96%. ______________________________________________________________________ SECTION 23. The following amounts are hereby appropriated in the Central Surry Fire District Fund for the said fiscal year.

CODE ACTIVITY APPROPRIATION 45-4383-55300 Refunds 300 45-4383-57500 Annual Appropriation 160,827 TOTAL APPROPRIATIONS – CENTRAL SURRY FIRE DISTRICT 161,127 It is estimated that the following revenues will be available in the Central Surry Fire District Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 45-4383-41100 Ad Valorem Tax- Current 153,627 45-4383-41101 Ad Valorem Tax – Prior 4,000 45-4383-41102 Ad Valorem Tax – Previous 2,000 45-4383-41700 Pen/Int/Co 1,500 TOTAL REVENUE-CENTRAL SURRY FIRE DISTRICT 161,127

Meeting of June 18, 2007 Continued 8683

There is hereby levied a tax at the rate of 6.5 cents per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 2007 in the Central Surry Fire Tax District for the purpose of raising the revenue listed as Central Surry Fire 2006 Special Tax in the Central Surry Fire District Fund. This amount of tax is based on an estimated total value of property for the purpose of taxation of $246,197,267 and an estimated collection rate of 96%. ______________________________________________________________________ SECTION 24. The following amounts are hereby appropriated in the Four-Way Fire District Fund for the said fiscal year.

CODE ACTIVITY APPROPRIATION 46-4385-55300 Refunds 300 46-4385-57500 Annual Appropriation 193,863 TOTAL APPROPRIATIONS - FOUR WAY FIRE DISTRICT 194,163 It is estimated that the following revenues will be available in the Four-Way Fire District Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 46-4385-41100 Ad Valorem Tax-Current 184,163 46-4385-41101 Ad Valorem Tax – Prior 5,000 46-4385-41102 Ad Valorem Tax – Previous 3,000 46-4385-41700 Pen/Int/Co 2,000 TOTAL REVENUE – FOUR-WAY FIRE DISTRICT 194,163 There is hereby levied a tax at the rate of 7.5 cents per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 2007 in the Four-Way Fire Tax District for the purpose of raising the revenue listed as Four-Way Fire 2006 Special Tax in the Four-Way Fire District Fund. This amount of tax is based on an estimated total value of property for the purpose of taxation of $255,783,060 and an estimated collection rate of 96%. ______________________________________________________________________ SECTION 25. The following amounts are hereby appropriated in the Franklin Fire District Fund for the said fiscal year.

CODE ACTIVITY APPROPRIATION 47-4386-55300 Refunds 600 47-4386-57500 Annual Appropriation 268,608 TOTAL APPROPRIATIONS – FRANKLIN FIRE DISTRICT 269,208 It is estimated that the following revenues will be available in the Franklin Fire District Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 47-4386-41100 Ad Valorem Tax-Current 258,708 47-4386-41101 Ad Valorem Tax – Prior 6,500 47-4386-41102 Ad Valorem Tax – Previous 2,000 47-4386-41700 Pen/Int/Co 2,000 TOTAL REVENUE – FRANKLIN FIRE DISTRICT 269,208 There is hereby levied a tax at the rate of 5.6 cents per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 2007 in Franklin Fire Tax District for the purpose of raising the revenue listed as Franklin Fire 2006 Special Tax in the Franklin Fire District Fund. This amount of tax is based on an estimated total value of property for the purpose of taxation of $481,228,832 an estimated collection rate of 96%. ______________________________________________________________________ SECTION 26. The following amounts are hereby appropriated in the Jot-Um-Down Fire District Fund for the said fiscal year.

CODE ACTIVITY APPROPRIATION 48-4387-55300 Refunds 200 48-4387-57500 Annual Appropriation 96,548 TOTAL APPROPRIATIONS - JOT-UM-DOWN FIRE DISTRICT 96,748

Meeting of June 18, 2007 Continued 8684

It is estimated that the following revenues will be available in the Jot-Um-Down Fire District Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 48-4387-41100 Ad Valorem Tax-Current 92,948 48-4387-41101 Ad Valorem Tax – Prior 2,000 48-4387-41102 Ad Valorem Tax – Previous 800 48-4387-41700 Pen/Int/Co 1,000 TOTAL REVENUE – JOT-UM-DOWN FIRE DISTRICT 96,748 There is hereby levied a tax at the rate of 11.5 cents per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 2007 in the Jot-Um-Down Fire Tax District for the purpose of raising the revenue listed as Jot-Um-Down Fire 2006 Special Tax in the Jot-Um-Down Fire District Fund. This amount of tax is based on an estimated total value of property for the purpose of taxation of $84,192,791 and an estimated collection rate of 96%. ______________________________________________________________________ SECTION 27. The following amounts are hereby appropriated in the Mountain Park Fire District Fund for the said fiscal year.

CODE ACTIVITY APPROPRIATION 49-4388-55300 Refunds 300 49-4388-57500 Annual Appropriation 116,103 TOTAL APPROPRIATIONS – MOUNTAIN PARK FIRE DISTRICT 116,403 It is estimated that the following revenues will be available in the Mountain Park Fire District Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 49-4388-41100 Ad Valorem Tax-Current 111,203 49-4388-41101 Ad Valorem Tax – Prior 3,000 49-4388-41102 Ad Valorem Tax – Previous 1,200 49-4388-41700 Pen/Int/Co 1,000 TOTAL REVENUE – MOUNTAIN PARK FIRE DISTRICT 116,403 There is hereby levied a tax at the rate of 8.7 cents per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 2007 in the Mountain Park Fire Tax District for the purpose of raising the revenue listed as Mountain Park Fire 2006 Special Tax in the Mountain Park Fire District Fund. This amount of tax is based on an estimated total value of property for the purpose of taxation of $133,145,752 and an estimated collection rate of 96%. ______________________________________________________________________ SECTION 28. The following amounts are hereby appropriated in the Pilot Knob Fire District Fund for the said fiscal year.

CODE ACTIVITY APPROPRIATION 50-4389-55300 Refunds 300 50-4389-57500 Annual Appropriation 121,597 TOTAL APPROPRIATIONS - PILOT KNOB FIRE DISTRICT 121,897 It is estimated that the following revenues will be available in the Pilot Knob Fire District Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 50-4389-41100 Ad Valorem Tax-Current 119,397 50-4389-41101 Ad Valorem Tax – Prior 1,500 50-4389-41102 Ad Valorem Tax – Previous 500 50-4389-41700 Pen/Int/Co 500 TOTAL REVENUE – PILOT KNOB FIRE DISTRICT 121,897 There is hereby levied a tax at the rate of 4.5 cents per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 2007 in the Pilot Knob Fire Tax District for the purpose of raising the revenue listed as Pilot Knob Fire 2006 Special Tax in the Pilot Knob Fire District Fund. This amount of tax is based on an estimated total

Meeting of June 18, 2007 Continued 8685

value of property for the purpose of taxation of $276,384,053 and an estimated collection rate of 96%. ______________________________________________________________________ SECTION 29. The following amounts are hereby appropriated in the Shoals Fire District Fund for the said fiscal year.

CODE ACTIVITY APPROPRIATION 51-4390-55300 Refunds 200 51-4390-57355 Pinnacle VFD Contract 1,500 51-4390-57500 Annual Appropriation 86,034 TOTAL APPROPRIATIONS – SHOALS FIRE DISTRICT 87,734 It is estimated that the following revenues will be available in the Shoals Fire District Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 51-4390-41100 Ad Valorem Tax-Current 84,234 51-4390-41101 Ad Valorem Tax – Prior 2,000 51-4390-41102 Ad Valorem Tax – Previous 1,000 51-4390-41700 Pen/Int/Co 500 TOTAL REVENUE – SHOALS FIRE DISTRICT 87,734 There is hereby levied a tax at the rate of 7.1 cents per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 2007 in the Shoals Fire Tax District for the purpose of raising the revenue listed as Shoals Fire 2006 Special Tax in the Shoals Fire District Fund. This amount of tax is based on an estimated total value of property for the purpose of taxation of $123,583,748 and an estimated collection rate of 96%. ______________________________________________________________________ SECTION 30. The following amounts are hereby appropriated in the Skull Camp Fire District Fund for said fiscal year.

CODE ACTIVITY APPROPRIATION 52-4391-55300 Refunds 200 52-4391-57500 Annual Appropriation 156,514 TOTAL APPROPRIATIONS – SKULL CAMP FIRE DISTRICT 156,714 It is estimated that the following revenues will be available in the Skull Camp Fire District Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 52-4391-41100 Ad Valorem Tax-Current 150,214 52-4391-41101 Ad Valorem Tax – Prior 4,000 52-4391-41102 Ad Valorem Tax – Previous 1,500 52-4391-41700 Pen/Int/Co 1,000 TOTAL REVENUE – SKULL CAMP FIRE DISTRICT 156,714 There is hereby levied a tax at the rate of 9.0 cents per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 2007 in the Skull Camp Fire Tax District for the purpose of raising the revenue listed as Skull Camp Fire 2006 Special Tax in the Skull Camp Fire District Fund. This amount of tax is based on an estimated total value of property for the purpose of taxation of $173,859,333 and an estimated collection rate of 96%. SECTION 31. The following amounts are hereby appropriated in the South Surry Fire District Fund for the said fiscal year.

CODE ACTIVITY APPROPRIATION 53-4392-55300 Refunds 200 53-4392-57500 Annual Appropriation 139,035 TOTAL APPROPRIATIONS - SOUTH SURRY FIRE DISTRICT 139,235 It is estimated that the following revenues will be available in the South Surry Fire District Fund for the said fiscal year to meet the foregoing appropriations:

Meeting of June 18, 2007 Continued 8686

CODE REVENUE SOURCE AMOUNT

53-4392-41100 Ad Valorem Tax-Current 132,735 53-4392-41101 Ad Valorem Tax – Prior 3,500 53-4392-41102 Ad Valorem Tax – Previous 1,500 53-4392-41700 Pen/Int/Co 1,500 TOTAL REVENUE – SOUTH SURRY FIRE DISTRICT 139,235 There is hereby levied a tax at the rate of 6.0 cents per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 2007 in the South Surry Fire Tax District for the purpose of raising the revenue listed as South Surry Fire 2006 Special Tax in the South Surry Fire District Fund. This amount of tax is based on an estimated total value of property for the purpose of taxation of $230,442,801 and an estimated collection rate of 96%. ______________________________________________________________________ SECTION 32. The following amounts are hereby appropriated in the State Road Fire District Fund for the said fiscal year.

CODE ACTIVITY APPROPRIATION 54-4393-55300 Refunds 100 54-4393-57500 Annual Appropriation 74,663 TOTAL APPROPRIATIONS - STATE ROAD FIRE DISTRICT 74,763 It is estimated that the following revenues will be available in the State Road Fire District Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 54-4393-41100 Ad Valorem Tax-Current 73,163 54-4393-41101 Ad Valorem Tax- Prior 800 54-4393-41102 Ad Valorem Tax – Previous 500 54-4393-41700 Pen/Int/Co 300 TOTAL REVENUE – STATE ROAD FIRE DISTRICT 74,763 There is hereby levied a tax at the rate of 4.8 cents per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 2007 in the State Road Fire Tax District for the purpose of raising the revenue listed as State Road Fire 2006 Special Tax in the State Road Fire District Fund. This amount of tax is based on an estimated total value of property for the purpose of taxation of $158,775,040 and an estimated collection rate of 96%. ______________________________________________________________________ SECTION 33. The following amounts are hereby appropriated in the Westfield Fire District Fund for the said fiscal year.

CODE ACTIVITY APPROPRIATION 55-4394-55300 Refunds 200 55-4394-57500 Annual Appropriation 62,919 TOTAL APPROPRIATIONS – WESTFIELD FIRE DISTRICT 63,119 It is estimated that the following revenues will be available in the Westfield Fire District Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 55-4394-41100 Ad Valorem Tax-Current 60,419 55-4394-41101 Ad Valorem Tax – Prior 1,400 55-4394-41102 Ad Valorem Tax – Previous 800 55-4394-41700 Pen/Int/Co 500 TOTAL REVENUE – WESTFIELD FIRE DISTRICT 63,119 There is hereby levied a tax at the rate of 5.2 cents per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 2007 in the Westfield Fire Tax District for the purpose of raising the revenue listed as Westfield Fire 2006 Special Tax in the Westfield Fire District Fund. This amount of tax is based on an estimated total value of property for the purpose of taxation of $121,032,273 and an estimated collection rate of 96%. ______________________________________________________________________

Meeting of June 18, 2007 Continued 8687

SECTION 34. The following amounts are hereby appropriated in the White Plains Fire District Fund for the said fiscal year.

CODE ACTIVITY APPROPRIATION 56-4395-55300 Refunds 300 56-4395-57500 Annual Appropriation 157,311 TOTAL APPROPRIATIONS - WHITE PLAINS FIRE DISTRICT 157,611 It is estimated that the following revenues will be available in the White Plains Fire District Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 56-4395-41100 Ad Valorem Tax-Current 152,111 56-4395-41101 Ad Valorem Tax – Prior 3,000 56-4395-41102 Ad Valorem Tax – Previous 1,500 56-4395-41700 Pen/Int/Co 1,000 TOTAL REVENUE – WHITE PLAINS FIRE DISTRICT 157,611 There is hereby levied a tax at the rate of 7.3 cents per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 2007 in the White Plains Fire Tax District for the purpose of raising the revenue listed as White Plains Fire 2006 Special Tax in the White Plains Fire District Fund. This amount of tax is based on an estimated total value of property for the purpose of taxation of $217,053,887 and an estimated collection rate of 96%. ______________________________________________________________________ SECTION 35. The following amounts are available in the Capital Projects Fund for the said fiscal year, in accordance with the capital project ordinances authorizing the Animal Shelter project:

CODE ACTIVITY APPROPRIATION 60-4214-51500 Professional Services Permitting/Health Clinic 10,000 60-4214-51600 Arch Fees Permitting/Health Clinics 100,000 60-4214-51640 Project Const. Permitting/Health Clinics 2,320,000 60-4219-59500 Contingency-Animal Shelter Project 0 TOTAL – CAPITAL PROJECTS FUND 2,430,000 It is estimated that the following revenues will be available in the Capital Projects Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 60-4214-49882 Transfer from Building Reserve Permitting/Health

Clinics 2,430,000

60-4219-49882 Transfer from Building Reserve Animal Shelter Project

0

TOTAL ESTIMATED CAPITAL PROJECTS FUND REVENUES 2,430,000 ______________________________________________________________________ SECTION 36. The following amounts are to be transferred to the Capital Projects Schools Fund for the said fiscal year, in accordance with the capital project ordinances authorizing the projects:

CODE ACTIVITY APPROPRIATION 61-5946-51640 Project Construction-Central Middle 0 61-5946-59500 Contingency-Central Middle 0 61-5947-51640 Project Const. North Surry 700,000 61-5947-59500 Contingency North Surry 25,721 61-5950-51647 Construction-Gentry-04 QZAB 13,285 61-5950-51648 Construction-North Surry-04 QZAB 31,711 61-5950-51649 Construction-Surry Central-04 QZAB 6,389 61-5955-51651 Project Construction-East Surry 0 61-5955-51652 Project Construction-Pilot Mountain Middle 0 61-5955-51653 Project Construction-Franklin Elem. School 0 61-5965-51500 Professional Services-Mt Airy High 0 61-5965-51640 Project Construction-Mt Airy High 0 61-5965-59500 Contingency-Mount Airy High 0

Meeting of June 18, 2007 Continued 8688

61-5966-51500 Professional Services Mt. Airy (QZAB) 30,000 61-5996-51640 Project Construction Mt. Airy (QZAB) 710,000 61-5972-51500 Professional Services-Elkin High 0 61-5972-51600 Architect Fees-Elkin High School 0 61-5972-51640 Project Construction-Elkin High School 100,000 61-5972-59500 Contingency-Elkin High School 93,898 TOTAL – CAPITAL PROJECTS SCHOOLS FUND 1,711,004 It is estimated that the following revenues will be available in the Capital Projects Schools Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 61-5946-49868 Transfer Bond Proceeds-CMS 0 61-5947-43344 Public Sch Building Fund North Surry 725,721 61-5950-49872 Transfer Bond Proceeds-’04 QZAB SCHS 51,385 61-5955-49879 Transfer from Bond Proceeds-07QZAB 0 61-5965-49876 Transfer from Bond Proceeds-Mt Airy High 0 61-5966-49876 Transfer from Bond Proceeds-Mt. Airy (QZAB) 740,000 61-5972-43344 Public School Building Fund 193,898 61-5972-49343 Transfer from CR-Elkin High 0 61-5972-49878 Transfer Bond Proceeds-Elkin High 0 TOTAL ESTIMATED CAPITAL PROJECTS SCHOOLS FUND REVENUES

1,711,004

______________________________________________________________________ SECTION 37. The following amounts are to be transferred to the Capital Reserve – County Buildings Fund for the said fiscal year:

CODE ACTIVITY APPROPRIATION 62-4250-58200 Lease/Purchase Principal 1,221,400 62-4250-58210 Lease/Purchase Interest 339,268 62-4250-58220 Property Debt 0 62-4250-59176 Transfer to Capital Projects-Hist Courthouse 0 62-4250-59177 Transfer to Capital Projects- EMS/Human

Services Bldg. 0

62-4250-59178 Transfer to Capital Projects-Judicial Center 0 62-4250-59180 Transfer-Workforce Development Center 0 62-4250-59181 Transfer-Animal Shelter 0 62-4250-59182 Transfer to Capital Project-Permitting/Health

Clinics 2,430,000

62-4250-59500 Contingency 0 TOTAL – CAPITAL RESERVE – COUNTY BUILDING FUND

3,990,668

It is estimated that the following revenues will be available in the Capital Reserve-County Building Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 62-4250-42280 EDA Grant 0 62-4250-49800 Transfer from General Fund 1,560,668 62-4250-49810 Transfer from General Fund – Courthouse 0 62-4250-49812 Transfer from General Fund-Permitting/Health

Clinics 1,350,000

62-4250-49816 Transfer from General Fund – EMS Debt 0 62-4250-49900 Unencumbered Balance 1,080,000 62-4250-49907 Unencumbered Balance-EMS 0 TOTAL ESTIMATED REVENUES –CAPITAL RESERVE- COUNTY BUILDING FUND

3,990,668

______________________________________________________________________ SECTION 38. The following amounts are hereby appropriated in the Schools Capital Project Reserve Fund.

CODE ACTIVITY APPROPRIATION 63-5919-55580 Administration Cost 20,000 63-5919-59171 Transfer to Capital Projects-07QZAB 0 63-5919-59172 Transfer to Capital Project Copeland 0

Meeting of June 18, 2007 Continued 8689

63-5919-59174 Transfer to 04 QZAB 51,385 63-5919-59201 Transfer Capital Project CMS 0 63-5919-59206 Transfer Capital Project Mt. Airy (QZAB) 740,000 63-5919-59207 Transfer Capital Project-Mount Airy High

School 0

63-5919-59208 Transfer Capital Project Tharrington 0 63-5919-59209 Transfer to Capital Project Elkin High 0 63-5919-59500 Contingency 100,000 TOTAL APPROPRIATIONS – SCHOOLS CAPITAL PROJECTS RESERVE FUND

911,385

It is estimated that the following revenues will be available in the Schools Capital Project Reserve Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 63-5919-44900 Interest earned on Investments 10,000 63-5919-49155 Proceeds of QZAB Financing 0 63-5919-49900 Unencumbered Balance 901,385 TOTAL REVENUE – SCHOOLS CAPITAL PROJECTS RESERVE FUND

911,385

______________________________________________________________________ SECTION 39. The following amounts are hereby appropriated in the College Construction Fund.

CODE ACTIVITY APPROPRIATION 65-5926-55650 Misc. SCC Projects 0 TOTAL APPROPRIATIONS –COLLEGE CONSTRUCTION FUND 0 It is estimated that the following revenues will be available in the College Construction Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 65-5926-49874 Transfer Bond Proceeds-SCC Miscellaneous 0 TOTAL ESTIMATED REVENUES –COLLEGE CONSTRUCTION FUND

0

______________________________________________________________________ SECTION 40. The following amounts are hereby appropriated in the SCC Capital Projects Reserve Fund.

CODE ACTIVITY APPROPRIATION

66-5930-59330 Transfer to SCC Center Construction 0 66-5930-59331 Transfer to SCC Capital Projects-Class Bldg. 0 TOTAL APPROPRIATIONS – SCC CAPITAL PROJECTS RESERVE FUND

0

It is estimated that the following revenues will be available in the SCC Capital Project Reserve Fund this fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 66-5930-44900 Interest Investments 0 66-5930-49900 Unencumbered Balance 0 TOTAL REVENUE – SCC CAPTIAL PROJECTS RESERVE FUND 0 ______________________________________________________________________ SECTION 41. The following amounts are hereby appropriated in the Landfill/ Recycling Fund for the said fiscal year.

CODE ACTIVITY APPROPRIATION 67-7415 Waste Collection/Recycling 840,510 67-7420 Landfill Operations 2,195,100 67-7425 Subtitle D Landfill 0 67-9130 Landfill Debt Service 441,828 TOTAL APPROPRIATIONS – LANDFILL/RECYCLING FUND 3,477,438

Meeting of June 18, 2007 Continued 8690

It is estimated that the following revenues will be available in the Landfill/ Recycling Fund for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 67-7415-45102 Sale of Recyclable Products 100,000 67-7420-41700 Pen/Int/Co 12,000 67-7420-43350 Scrap Tires-Qtr Fees 75,000 67-7420-43351 White Goods-Qtr Fees 28,000 67-7420-44900 Interest earned on Investments 40,000 67-7420-45100 Landfill Fees-Commercial 1,450,000 67-7420-45101 Landfill Fees-Residential 975,000 67-7420-49800 Transfer from General Fund 0 67-7420-49950 Retained Earnings 797,438 TOTAL ESTIMATED REVENUES – LANDFILL/RECYCLING 3,477,438 ______________________________________________________________________ SECTION 42. The following amounts are hereby appropriated in the Capital Reserve Landfill for the said fiscal year.

CODE ACTIVITY APPROPRIATION 68-7430-59500 Landfill Contingency 0 TOTAL APPROPRIATIONS – CAPITAL RESERVE LANDFILL 0 It is estimated that the following revenues will be available in the Capital Reserve-Landfill for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 68-7430-49841 Transfer from Landfill Reserve-

Reimbursement 0

TOTAL ESTIMATED REVENUES – CAPTIAL RESERVE LANDFILL 0 ______________________________________________________________________ SECTION 43. The following amounts are hereby appropriated in the Flat Rock/Bannertown Water and Sewer District for the said fiscal year.

CODE ACTIVITY APPROPRIATION 85-8100-51500 Professional Services 21,500 85-8100-51640 Project Construction 100,000 85-8100-58090 Debt Principal 2,548,000 85-8100-58095 Debt Interest 59,455 TOTAL APPROPRIATIONS – FLAT ROCK/BANNERTOWN WATER & SEWER DISTRICT

2,728,955

It is estimated that the following revenues will be available in the Flat Rock/Bannertown Water and Sewer District for the said fiscal year to meet the foregoing appropriations:

CODE REVENUE SOURCE AMOUNT 85-8100-42255 USDA Grant 180,955 85-8100-49100 Proceeds of sale of bonds 2,548,000 85-8100-49900 Unencumbered Balance 0 TOTAL ESTIMATED REVENUES – FLAT ROCK/BANNERTOWN WATER & SEWER

2,728,955

______________________________________________________________________ SECTION 44. There is hereby established for the year beginning July 1, 2007 and continuing until changed by Board action the following schedule of solid waste management fees: 1. Commercial and industrial tipping fee of $36.00 per ton. Fractions of a ton shall be charged a pro-rated fee, with a minimum fee of $5.00. 2. Residential units shall be charged a landfill availability fee of $2.50 per month. The fee will be billed with property taxes and becomes a lien of the real property

Meeting of June 18, 2007 Continued 8691

described on the tax bill that includes the fee. Penalty schedule for late payment will accrue at the same rate as interest for property taxes. ______________________________________________________________________ SECTION 45. The Finance Officer is instructed to adjust salaries for all full-time regular, part-time regular, and graded temporary employees and fees for elected officials to provide a 3.0% cost of living increase effective July 1, 2007. The hourly rate for County Attorney services is set at $105 per hour. SECTION 46. Copies of this Budget Ordinance shall be furnished to the Finance Officer, the Budget Officer and the Tax Administrator of Surry County to be kept on file by them for their direction in the collection of revenues and expenditures of amounts appropriated. ADOPTED this the 18

th day of June, 2007.

________________________________________ Upon motion of Commissioner Johnson, seconded by

Commissioner Miller, the Board voted unanimously to approve the following personnel actions:

The Board of Commissioners instructed the Human Resources Officer to amend the Personnel Ordinance adopted on November 3, 2003 and approved the Classification Plan for 2007-2008 by making the following changes to Appendix A, Position Classification Plan, contingent upon final approval from State Personnel for the Health and Nutrition Center and Social Services additions and changes, and to adjust applicable salaries and positions according to Personnel Ordinance guidelines or as indicated. Effective July 1, 2007: Increase the salaries in Appendix A, Position Classification Plan, by 3 percent. Add Animal Shelter Attendant to Classification Plan at Grade 55. Create and fill a permanent part-time 50% Animal Shelter Attendant. Add Lead Animal Control Officer to Classification Plan at Grade 61. Reclassify position # 438002 from Animal Control Officer II to Lead Animal Control Officer. Create and fill Environmental Health Specialist position at Grade 68. Create and fill Environmental Health Program Coordinator position at Grade 70. Create and fill permanent part-time 50% OSSOG III at Grade 57. Create and fill permanent part-time 50% Foreign Language Interpreter II at Grade 63. Reclassify position #537305 from Child Support Agent I to Child Support Agent II. Reclassify position # 537308 from OSSOG III to OSSOG IV. Reclassify position # 537309 from OSSOG III to OSSOG IV. Reclassify position # 538014 from Income Maintenance Caseworker II to Income Maintenance Caseworker III. Reclassify position # 538011 from Income Maintenance Caseworker II to Income Maintenance Caseworker III. Reclassify position # 538026 from Income Maintenance Caseworker II to Income Maintenance Caseworker III. Add a $200 per month travel stipend for positions # 411001, # 411002, # 411003, # 411004, and # 411005.

Meeting of June 18, 2007 Continued 8692

Change position # 582005 from 60% to 100%. Create and fill a Deputy Sheriff position. Add Local Ordinance Officer II to Classification Plan at Grade 66. Create a Building Codes Inspector III position. Reclassify position # 419002 from Maintenance Mechanic I to Maintenance Mechanic II. Create and fill a temporary part-time Maintenance Mechanic II position. Reclassify Assessment Coordinator in the Classification Plan from Grade 67 to Grade 68. Create and fill a permanent part-time 50% Tax Mapper position at Grade 61. Move employee in position # 418003 to Grade 57-5. Move employee in position # 418012 to Grade 57-6. Move employee in position # 418004 to Grade 64-14. Move employee in position # 418001 to Grade 76-8. Add Help Desk Specialist to Classification Plan at Grade 59. Reclassify position #421003 from Secretary III to Help Desk Specialist. Add Web Developer to Classification Plan at Grade 68. Reclassify position # 421001 from Computer Systems Technician to Web Developer. Add Network Engineer to Classification Plan at Grade 70. Reclassify position # 421004 from Network Administrator to Network Engineer. Create and fill a permanent part-time 50% Public Health Nurse II. Effective October 1, 2007: Create and fill two Deputy Sheriff positions. Effective November 1, 2007: Change funding for position # 496004 to 100% County. Effective January 1, 2008: Create and fill a permanent part-time 75% Income Maintenance Caseworker II position. Effective April 1, 2008: Reclassify position # 491003 to Local Ordinance Officer II. Create and fill a Local Ordinance Officer position at Grade 65.

________________________________________

Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to fund the first two quarter payments to the Economic Development Partnership and hold a joint meeting with the Economic Development Partnership Board and the Board of County Commissioners to develop an economic development program.

________________________________________ Upon motion of Commissioner Johnson, seconded by

Commissioner Hamlin, the Board voted unanimously to recess until Wednesday, June 20, 2007 at 7:00 p.m. for interviews and other County business.

_______________________________________

Meeting of June 18, 2007 Continued 8693

The meeting ended at 8:50 p.m. _______________________________________ _____________________ Conchita Atkins Clerk to the Board

8694

Surry County Board of Commissioners Meeting of June 20, 2007

The Surry County Board of Commissioners met in a reconvened session at 7:00 p.m. on June 20, 2007 at the Surry County Government Center, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, Commissioner Jim Harrell, Jr. and Commissioner Jimmy Miller. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager

Sandy Snow, Human Resources Officer ________________________________________ Chairman Hunter called the meeting to order at 7:10 p.m. ________________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to go into closed session to do interviews for the Parks and Recreation Director position and other personnel matters. _______________________________________ Upon motion of Commissioner Miller, seconded by Commissioner Harrell, the Board voted unanimously to come out of closed session and resume County business. _______________________________________ The Board discussed a request from the North Carolina Department of Transportation regarding roadway improvements at Zephyr Road and Twin Oaks Road. The Department of Transportation requested a resolution from the County in support of the project cost exceeding funding by more than $150,000. It was the consensus of the Board to obtain more information on this funding from the Department of Transportation before taking action. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to approve budget amendment #34 as follows: The Board of County Commissioners approved an amendment to the FY 2006-2007 Budget Ordinance at their meeting on June 20, 2007. ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT CO. SCH. 2007 QZAB (NEW) EXPENDITURES 6155955 51651 Proj.Const.-East Surry

(New) 0 461,350 461,350

6155955 51652 Proj.Const.-Pilot Mtn. Middle (New)

0 373,200 373,200

6155955 51653 Proj. Const.-Franklin Elem. (New)

0 1,165,450 1,165,450

Meeting of June 20, 2007 Continued 8695

Increase departmental total.

0 2,000,000 2,000,000

REVENUE 6145955 49879 Trans. Bond Proc.-07 QZAB

(New) 0 2,000,000 2,000,000

Increase fund totals. 9,834,754 2,000,000 11,834,754 EXPENDITURES 6355919 59171 Trans. To CP-07 QZAB (New) 0 2,000,000 2,000,000 Increase departmental

total. 8,234,533 2,000,000 10,234,533

REVENUE 6345919 49155 Proceeds of QZAB Fin. 1,800,000 2,000,000 3,800,000 Increase fund totals. 8,234,533 2,000,000 10,234,533

_______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Hunter, the Board voted unanimously to offer the position of Parks and Recreation Director to a selected applicant. _______________________________________ Upon motion of Commissioner Hamlin, seconded by Commissioner Johnson, the Board voted unanimously to approve offering the Senior Services Director position to a selected applicant at grade 71, step 23 contingent upon approval by the Health Board. _______________________________________ The Board discussed the Permitting and Health Clinics Center and considered possible enhancements including variation in brick, use of roof dormers and a semicircular entranceway, similar to the one on the Government Center.

It was the consensus of the Board to get quotes on each of these enhancements. _______________________________________ The Board discussed an occupancy tax meeting proposed by Representative Harrell, III. It was the consensus of the Board to meet with our legislative delegations on Monday, July 2, 2007 at 7:30 a.m. at the Harvest Grill. _______________________________________ The Board discussed a meeting with the Economic Development Partnership Board. It was the consensus of the Board to set a meeting for July 11 or soon thereafter. _______________________________________ Upon motion of Commissioner Hamlin, seconded by Commissioner Johnson, the Board voted unanimously to adjourn at 11:00 p.m. _______________________________________ _____________________ Macon C. Sammons, Jr. County Manager

8696

Surry County Board of Commissioners Meeting of July 23, 2007

The Surry County Board of Commissioners met in regular session at 6:00 p.m. on July 23, 2007. The meeting was held in the County Commissioners’ Meeting Room, Surry County Government Center, Dobson, North Carolina. Board members present for the meeting were Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, Commissioner Jim Harrell, Jr. and Commissioner Jimmy Miller. Chairman Craig Hunter was unable to attend due to illness. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Conchita Atkins, Clerk to the Board Edwin Woltz, County Attorney

Betty Taylor, Assistant County Manager for Budget and Finance

Sandy Snow, Human Resources Officer Cathy Booker, Tax Administrator Carolyn Comer, Register of Deeds David Stone, Health and Nutrition Center Director Bryan Cave, Cooperative Extension Director John Shelton, Emergency Services Director Gray Bryant, Inspections Director News Media Other Citizens ________________________________________ Vice Chairman Johnson called the meeting to order. Commissioner Jim Harrell, Jr. delivered the invocation and led the Pledge of Allegiance. ________________________________________

Vice-Chairman Johnson requested the Board to consider the minutes of the June 18 & June 20, 2007 meetings. Upon motion of Commissioner Miller, seconded by Commissioner Harrell, the Board voted unanimously to approve the minutes. _______________________________________________ Vice-Chairman Johnson requested that the Board consider the consent agenda. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to approve the following consent agenda items: Requests by the County Manager:

1. Approve the 2008 County Holiday schedule as follows:

New Year’s Day January 1, 2008 Tuesday Martin Luther King, Jr.’s January 21, 2008 Birthday Monday Good Friday March 21, 2008 Friday Memorial Day May 26, 2008 Monday

Meeting of July 23, 2007 Continued 8697

Independence Day July 4, 2008 Friday Labor Day September 1, 2008 Monday Veteran’s Day November 11, 2008 Tuesday Thanksgiving November 27 & 28, 2008 Thursday and Friday Christmas December 24, 25 & 26, 2008 Wednesday, Thursday and Friday

2. Approve a Sports Hall of Fame Monument accessible

walkway. 3. Approve Anita Davis to receive the late Lieutenant Wayne

Davis’ service weapon and badge. 4. Approve the following from the Tax Department:

Total releases for the month ending 06/30/2007 in the amount of $31,434.63.

Total refunds for the month ending 06/30/2007 in the amount of $13,812.82.

Total real and personal property discoveries for the month ending 06/30/2007 in the amount of $2,247.92.

Total motor vehicles discoveries for the month ending 06/30/2007 in the amount of $11,610.94.

Collect April 2007 motor vehicle renewals in the amount of $419,241.69.

Tax Collector’s Annual Settlement of Collections in the amount of $3,436,807.56.

Tax Administrator’s charges to collect the taxes for Real Estate and Personal Property filed in January 2007 in the amount of $31,001,568.97.

5. Approve the following resolution for naming a portion of

US 21 in honor of Lieutenant General Thomas Metz:

RESOLUTION FOR NAMING A PORTION OF US 21 IN HONOR OF LIEUTENANT GENERAL THOMAS METZ

WHEREAS, Lieutenant General Metz, a native North Carolinian

and a native of Surry County, entered the Army in June 1966, won an appointment to the United States Military Academy and was commissioned a second lieutenant of Infantry upon graduation in 1971.

WHEREAS, Lieutenant General Metz has served our country since 1971 assuming numerous highly responsible positions and assignments during this time; and

WHEREAS, assignments for Lieutenant General Metz included Chief, Operations Division, Combat Developments Directorate, the United States Army Infantry School at Fort Benning, Georgia and Director, Experimental Force Coordinator Cell, United States Army Training and Doctrine Command with duty at 4th Infantry Division (Mechanized), Fort Hood, Texas, service on The Joint Staff as Deputy Director for Joint Warfighting Capabilities Assessment, J-8, and Vice Director for Force Structure, Resources and Assessment, J-8.

Meeting of July 23, 2007 Continued 8698

WHEREAS, Lieutenant General Metz military education and work experience includes the Infantry Officer Basic and Advanced Courses; the Army Command and General Staff College at Fort Leavenworth; the Army War College; a Master of Science degree in Mechanical Engineering from North Carolina State University and he holds a professional engineer’s license from the Commonwealth of Virginia.

WHEREAS, Lieutenant General Metz awards and decorations include the following: Defense Service Medal, Distinguished Service Medal with Oak Leaf Cluster, Legion of Merit with three Oak Leaf Clusters, Bronze Star Medal, Meritorious Service medal with two Oak Leaf Clusters, and the Army Commendation Medal with three Oak Leaf Clusters. He has also earned the Expert Infantry Badge, the Senior Parachutist Badge, the Ranger Tab and the Joint Chiefs of Staff Identification Badge.

WHEREAS, the Surry County Board of Commissioners support the naming a portion of US 21 from I-77 to the Wilkes County line in honor of Lieutenant General Metz;

NOW, THEREFORE, BE IT RESOLVED that the Surry County Board Commissioners hereby requests that the North Carolina Department of Transportation erect signs on US 21 from I-77 to the Wilkes County line at a suitable time in honor and recognition of Lieutenant General Thomas Metz for his extraordinary contributions to the United States of America armed forces.

6. Approve the Health and Nutrition Center to purchase a

business unit for the Senior Services Department. 7. Approve the annual appointments of Ronald Bingman and

Felicia O’Rourke as Abuse Investigators. Requests from the Assistant County Manager for Budget and Finance:

1. Approve the Health and Nutrition Center to spend federal

WIC funding in the amount of $81,302. 2. Approve the Sheriff’s Office to purchase a jail camera

system prior to October 1, 2007. 3. Approve Chief Deputy Combs as the point of contact for

the Justice Assistance Grant Program. Request from the Human Resources Officer: 1. Approve an extended leave without pay for a Health and

Nutrition Center employee until August 2, 2007. Requests from the Planning Director: 1. Approve the Spring Hill Estate Phase III final 16-lot

subdivision. 2. Approve the Farm Sections 4 and 5 final 29-lot

subdivision.

Vice-Chairman Johnson then declared the meeting to be an

open forum and invited members of the audience to address the Board on any matters of civic concern. Noel Hawks, Pastor of Morning Star Baptist Church, stated that he had missed the deadline for filing an application for

Meeting of July 23, 2007 Continued 8699

tax exemption for the church. Mr. Hawks requested the Board exempt the church from property taxes. Cathy Booker, Tax Administrator, stated that if a church files an untimely application for property tax exemption, the church must request property tax exemption from the Board of County Commissioners. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve the tax exemption for Morning Star Baptist Church. Matt Wilmoth, Surry West All-Stars Coach, addressed the Board regarding funding for the team to attend a championship game in Jacksonville, Florida. Mr. Wilmoth stated that the team would be leaving Surry County on Wednesday. Mr. Wilmoth stated the team and their parents had been working hard on fund raisers, but funding was still short. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to table the issue until later in the meeting. Rawley King addressed the Board regarding the need for a van or bus for the American Legion Honor Guard. Mr. King stated the Honor Guard presented the colors at Fisher River Park on Sunday, July 8, 2007 for Military Appreciation Day. Mr. King also stated that the van would be used to transport the Honor Guard to and from veterans’ funerals. The Board discussed a 15-passenger van that would be surplus from the County. The Board asked Mr. King to check back with the County in the near future. Denise Watson, Mount Valley Hospice and Palliative Care, gave the Board a summary of services offered by Hospice. Ms. Watson stated that a 20 bed Hospice facility would be constructed in Dobson, with construction to begin in September and to be completed next summer. Ms. Watson thanked the Board for their support. There being no additional comments, Vice-Chairman Johnson closed the open forum, and the Board resumed regular business. _______________________________________ Vice-Chairman Johnson then declared the meeting to be a public hearing for the purpose of public comments on the FY 07-08 Rural Operating Assistance Program public transportation funds. Jeff Cockerham, YVEDDI Program Manager for Surry County, presented information on the application for $119,262 in State operating assistance for the Rural Operating Assistance Program (ROAP funds). YVEDDI is the lead operating agency for Surry County for the ROAP funding. No one spoke on the Rural Operating Assistance Program. Vice-Chairman Johnson then declared the public hearing closed and asked the Board if they wished to take any action. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve the

Meeting of July 23, 2007 Continued 8700

application for operating assistance for the Rural Operating Assistance Program. _______________________________________ Vice-Chairman Johnson then declared the meeting to be a public hearing for the purpose of public comments on the revisions to the Animal Control Ordinance. David Stone, Health and Nutrition Center Director, presented the proposed revisions. The following individuals spoke in support of the Animal Control Ordinance: Kathleen Edwards, Wade Young, Kay Blair, Jenny Collins, and Aziza White. Vice-Chairman Johnson then declared the public hearing closed and asked the Board if they wished to take any action. Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to approve the following revisions to the Surry County Animal Control Ordinance:

ANIMAL CONTROL & ANIMAL WELFARE ORDINANCE SURRY COUNTY, NORTH CAROLINA

An Ordinance of the County of Surry Providing for

Animal Control and Related Matters BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF SURRY IN REGULAR SESSION ASSEMBLED:

ARTICLE I ORGANIZATIONAL MATTERS

SECTION 1. TITLE AND PURPOSE OF THIS ORDINANCE.

a. Title. This Ordinance shall be known as the Surry County Animal Control & Animal Welfare Ordinance.

b. Purpose. The purpose of this Ordinance is to:

1) Protect the people of Surry County from dangerous, exotic or uncontrolled animals; and

2) Supplement, not supersede, the State Rabies Control

Statutes; and 3) Insure the humane treatment of animals within the

County.

c. This ordinance shall not apply to animals otherwise regulated by state or federal law.

SECTION 2. DEFINITIONS. For the purpose of this Ordinance the following terms, phrases, words, and their derivations shall have the meaning defined herein, unless the context clearly indicates that another meaning is intended. Words used in the present tense include the future and past tense; words in the plural number include the singular number; words in the singular number include the plural number; and words in the masculine gender include the feminine gender.

Meeting of July 23, 2007 Continued 8701

a. Adequate Food: The provision on a daily basis of a quantity

of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal, and maintain the animal in good health and comfort. Such foodstuff shall be served in a receptacle, dish, or container that is physically clean and from which agents injurious to health have been removed or destroyed to a practical minimum.

b. Adequate Shelter: A non-metal enclosure which is

structurally sound, maintained in good repair and constructed in such a manner that it is water and wind resistant and provides some shade from the direct rays of the sun and assures adequate ventilation and light.

c. Adequate Water: A constant access to a supply of clean,

fresh, water provided in a sanitary manner. In near or below freezing temperatures, the water must be changed frequently so as to prevent freezing.

d. Animal. Every vertebrate non-human species of animal, wild

or domestic, male or female, including but not limited to dogs and cats.

e. Animal Control Officer (ACO). A County employee designated

as a dog warden, rabies control officer, rabies control official, or other designated County representative or agent, whose responsibility includes rabies and animal control.

f. Animal Shelter. Any premises designated by the County for

the purpose of impounding and caring for all animals found running at large or otherwise subject to impounding in accordance with the provisions of the Ordinance or any other County ordinance or directive or State law.

g. At Large. An animal shall be deemed to be at large when it

is off the property of its owner and not under the restraint of a competent person.

h. Cat. A domestic feline.

i. County. The County of Surry.

j. Dangerous Dog. A dog that

� without provocation has killed or inflicted severe injury on a person; or

� is owned or harbored primarily or in part for the purpose of dog fighting; as well as any dog trained for fighting.

k. Dog. A domestic canine.

l. Identified Animal. An animal with an identification tag,

tattoo, or other marking on which is inscribed the owner’s name, address, and telephone number.

m. Owner. Any person, group of persons, firm, association,

partnership, corporation, or other entity owning, keeping, having charge of, sheltering, feeding, harboring, or taking

Meeting of July 23, 2007 Continued 8702

care of any animal. The owner is responsible for the care, actions, and behavior of his animals.

n. Potentially Dangerous Dog. A dog so designated by the duly

appointed person or board because the dog

1) inflicted a bite on a person that resulted in broken bones, disfiguring lacerations, or hospitalization; or

2) killed or inflicted severe injury on a domestic animal

when not on its owner’s premises; or

3) approached a person when not on its owner’s premises in a vicious or terrorizing manner.

o. Public Nuisance Animal. Any animal that unreasonably

annoys humans, endangers the life or health of domestic animals or persons, or substantially interferes with the rights of citizens, other than its owner, to enjoyment of life or property. The term shall include, but is not limited to, any animal that

� is repeatedly at large;

� damages the property of anyone other than its owner;

� molests or intimidates pedestrians or passersby;

� chases vehicles;

� excessively makes disturbing noises, including, but not limited to, continued or repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored due to the neglect of the animal’s owner;

� is offensive or dangerous to the public health, safety, or welfare;

� attacks other domestic animals; or

� has been found by the Animal Control Committee, after notice of its owner and a hearing, to be a public nuisance animal by virtue of being a menace to the public health, welfare, or safety.

p. Restraint. An animal is under restraint within the meaning

of this Ordinance if it is:

1) controlled by means of a chain, leash, trolley or other like device;

a. No tie out device shall employ a restraint of less than fifteen (15) feet in length and must have swivels on both ends.

b. Any chain, tether, or tie out device must be attached to a dog by means of a properly fitting harness or a buckle-type nylon/leather collar measuring not less than one (1) inch in width.

c. Collars used to attach a dog to a tie out device shall not be a choke type.

2) on or within a vehicle being driven or parked;

3) within a secure enclosure; or

4) within the property limits of its owner or keeper.

Meeting of July 23, 2007 Continued 8703

q. Severe Injury. Any physical injury to a person that results in broken bones or disfiguring lacerations or requires cosmetic surgery or hospitalization as defined in G. S. 67-4.1 (a) (5).

SECTION 3. ANIMAL CONTROL COMMITTEE There is hereby created the Animal Control Committee, the purpose of which shall be to (i) advise the Surry County Animal Control Section; (ii) carry out the directives of, perform investigations for, and advise the Surry County Board of Health with respect to rabies control and other animal related matters as determined by the Board of Health; and (iii) carry out such other functions as may be established under this Ordinance. The Animal Control Committee shall be composed of five (5) members for two-year rotating terms in compliance with by-laws established and approved by the Surry County Board of Health. The Board shall have the authority and responsibility conferred by said by-laws. Members shall be appointed by the Surry County Board of Commissioners.

ARTICLE II ANIMAL CONTROL PROGRAM

SECTION 1 ANIMAL CONTROL PROGRAM

A. The Animal Control Program of Surry County, hereinafter referred to as the Animal Control Program, is composed of the Health Director, and such employees as shall be determined by the Surry County Board of Health and approved by the Surry County Board of Commissioners.

SECTION 2 ENFORCEMENT

A. The Health Director shall designate employees or agents

enforcing this Ordinance as Animal Control Officer(s) (ACO). In the performance of said duties, ACO shall have all the powers, authority and immunity granted under this Ordinance and by the general laws of this state to enforce the provisions of this chapter, and the General Statutes of North Carolina as they relate to the care, treatment, control or impounding of animals.

B. Except as may be otherwise provided by statutes, local laws

or ordinances, no officer, agent or employee of the county charged with the duty of enforcing the provisions of this chapter or other applicable laws shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of such duties unless he acts with actual malice.

C. The Animal Control Program shall apply in those areas over

which municipal animal control programs are not applicable. SECTION 3 GENERAL DUTIES OF ANIMAL CONTROL PROGRAM The Animal Control Program shall be charged with the responsibility of:

A. Enforcing, in this county, all state and county laws, ordinances and resolutions relating to the care, custody, and control of animals.

Meeting of July 23, 2007 Continued 8704

B. Assisting in the enforcement of the laws of the state with

regard to animals and especially with regard to vaccination of animals against rabies and the confinement or leashing of dangerous animals, dangerous dogs and exotic animals. Investigate all reported animal bites or other human physical contact of with suspected rabid animals

C. Investigate allegations of cruelty to, neglect, or abuse of

dogs, cats and other animals

D. Making such canvasses of the county, as is deemed necessary for the purpose of ascertaining that all animals are vaccinated against rabies as required by local ordinance or state statute.

E. Operate the county animal shelter pursuant to policies of

the Health & Nutrition Center and as defined in NCGS 19A Section 3 & 02 NCAC 52J.

F. Seize and impound where deemed necessary, any animal

involved in a violation of this or any other county ordinance or state law.

G. Be authorized to place live-capture animal traps on private

property, with the consent of the landowner, or on public property, in order to trap and remove stray, at large, abandoned, or nuisance domestic animals.

SECTION 4 RABIES CONTROL OFFICER A. Any Animal Control Officer may hereby be designated as the Rabies Control Officer for Surry County and shall have such powers, duties, and responsibilities as are provided by the provisions of the North Carolina General Statues, However, such powers, duties, and responsibilities as the Rabies Control Officer shall not conflict with or supersede the powers, duties, and responsibilities of the Director of the Surry County Health & Nutrition Center or rabies inspectors appointed under the provisions of the North Carolina General Statues. B. If an ACO is deemed a Certified Rabies Vaccinator by the Health Director, the vaccinator shall complete the training course required by the State Division of Public Health; shall vaccinate only at the Surry County Animal Shelter or approved site; shall vaccinate only for business related to the animal control program; and shall not vaccinate personal animals or outside parameters defined by the animal control program.

ARTICLE III LOST OR STRAY ANIMALS

SECTION 1. IMPOUNDMENT Any domestic animal which appears, in the sole discretion of the animal control officer, to be lost, a stray, unwanted, or in imminent danger shall be impounded by the Animal Control Section and confined in the Animal Shelter.

Meeting of July 23, 2007 Continued 8705

SECTION 2. NOTICE TO OWNER. Immediately upon impounding and identified animal, the Animal Control Section shall make reasonable efforts, as determined by Health Department policy, to notify the owner and inform such owner of the conditions under which the animal may be redeemed. Such conditions include, but shall not be limited to, the charging of those fees as are described in Section 4 below. If, after three (3) days, the owner is unknown or cannot be located, or if the owner has not contacted the Animal Control Section, the animal may be disposed of as described in Section 5 (a). SECTION 3. REDEMPTION BY OWNER The owner of an animal impounded under this Article may redeem the animal and regain possession thereof at any time during normal business hours within the three (3) day period after notice of impoundment is given, by complying with all applicable provisions of this Ordinance and paying such redemption fee and daily boarding fee as may be established by the County. SECTION 4. DESTRUCTION OR ADOPTION OF UNREDEEMED ANIMALS.

a. Failure to Redeem. If an impounded animal is not redeemed by the owner in compliance with Article II, Section 4, it may be destroyed in a humane manner or shall become the property of the Animal Shelter and may be offered for adoption to any responsible adult who (i) pays the adoption fee as established by the County, and (ii) in the sole discretion of the animal control officer is found to be able and willing to comply with the provisions of this Ordinance. As between destruction or adoption of the animal under this subparagraph (a), the preference, where reasonably possible, shall be for adoption.

b. Spay/Neutering. Any animal adopted from the Surry County

Animal Shelter shall be spayed/neutered within a timeframe prescribed by the Animal Control Office. Fees for the spaying/neutering of any animal shall be collected at the shelter prior to spay/neutering by a veterinarian.

c. Rabies Quarantine. No impounded animal shall be allowed to

be adopted from the Animal Shelter during a period of emergency rabies quarantine as invoked by the Surry County Public Health Director.

SECTION 5. RABID ANIMAL NOT REDEEMED OR ADOPTED. Notwithstanding any other provision of the Article, an impounded animal, which appears to be suffering from rabies, shall not be redeemed or adopted. SECTION 6. INJURED, SICK, OR DISEASED ANIMALS. When the owner of an injured, sick, or diseased animal can be located, it shall be the owner’s responsibility to provide veterinary care for the animal or authorize Animal Control to humanely euthanize the animal. If the owner cannot be located, and the animal is not severely injured, sick, or diseased, it shall be taken to the animal shelter and held for twenty-four (24) hours. After said twenty-four (24) hour period, the animal may then be adopted with the agreement that the person adopting the animal will bear the cost of veterinary care. If the animal

Meeting of July 23, 2007 Continued 8706

is severely injured, sick, or diseased, the animal shall be destroyed under the direction of the animal control officer.

ARTICLE IV ANIMALS CREATING A NUISANCE

SECTION 1. ANIMAL CREATING A NUISANCE. The owner of an animal shall not permit the animal to be a public nuisance as defined in Article I, Section 2. If, after investigation of a written complaint, as required under Article V below, the animal control officer determines that an animal is creating or has created a public nuisance, the animal control officer shall issue a written warning and shall instruct the owner to remedy the nuisance. If the ACO thereafter determines, upon investigation of a subsequent complaint under Article V below, that the animal has again created a public nuisance, the owner shall receive a written civil citation from the ACO, and the ACO shall instruct the owner to remedy the nuisance. Should the animal control officer determine that the animal is creating or has created a public nuisance following the 3rd civil citation, the owner shall be charged with a violation of this Section, and the animal control officer may apply for a misdemeanor warrant to issue and be served upon the owner. SECTION 2. DETERMINATION OF OWNERSHIP OF ANIMAL CREATING A NUISANCE. If the following investigation of a written complaint regarding a public nuisance animal, the animal control officer is unable to determine ownership of an animal creating a nuisance, the animal control officer may impound the animal and hold and dispose of the same in accordance with the provisions of Article III above. It shall be presumed that such animal is unwanted in such instance. Said presumption may be rebutted by its owner redeeming the animal in compliance with the Ordinance. The animal control officer shall follow Surry County Health Department policy in attempting to identify the owner of said animal. SECTION 3. ESTROUS ANIMAL It shall be unlawful for any person owning or having possession, charge, custody or control over a female dog or female cat to allow that animal to be at large during its estrous period. During this period, the owner of such animal having possession of the animal must restrain the animal in a secure enclosure in such a manner that it will prevent the animal from coming in contact with a male of its species. This Section shall not be construed to prohibit the intentional breeding of animals on the premises of the owners or keepers of the animals involved.”

ARTICLE V DANGEROUS OR VICIOUS DOGS

SECTION 1. PURPOSE.

The purpose of this Article shall be to supplement the provisions of the North Carolina General Statutes governing dangerous and vicious dogs, and more specifically G. S. 130A-200 and Article IA of Chapter 67.

Meeting of July 23, 2007 Continued 8707

SECTION 2. DETERMINATION OF “POTENTIALLY DANGEROUS DOG.” Pursuant to G. S. 67-4.1 (c), the Surry County Public Health Director (hereinafter the “Director”), or his designee, is hereby designated as the person responsible for determining when a dog is a “potentially dangerous dog” under Article 1A of Chapter 67 of the North Carolina General Statutes. The Animal Control Committee is further designated as the “separate board” which shall hear any appeal pursuant to NCGS 67-4.2 (c). SECTION 3. IMPOUNDMENT OF “DANGEROUS DOGS”; DISPOSITION. In addition to the remedies provided in Article 1A of Chapter 67 of the North Carolina General Statutes, the Director of his designee shall impound a “dangerous dog” as defined under G. S. 67-4.1 (a) (1), as follows:

a. Dangerous Dogs. In the case of a “dangerous dog” that without provocation has killed or inflicted severe injury on a person under G. S. 67-4.1 (a) (1) a.1., then, following investigation of a complaint of the same under Article V below and a determination by the Director of his designee that the dog did cause such death of severe injury, the dog shall be impounded immediately at the Animal Shelter or a Veterinarian’s office, held for ten (10) days, and then destroyed by the Animal Control Section or the Veterinarian. The animal control officer shall make a reasonable effort to determine and provide notice to the dog’s owner in the manner provided by Article II, Section 3 of this ordinance.

b. Potentially Dangerous Dogs. In the case of a “potentially

dangerous dog” complaint under Article V, upon attempted notification of the owner consistent with Article II, Section 3, the dog shall be held at the Animal Shelter or a Veterinarian’s office pending the resolution of all proceedings under G. S. 67-4.1 (c). In the event of a final determination that the dog is not a “potentially dangerous dog”, the dog shall immediately be released to its owner upon compliance by the owner with all applicable provisions of this Ordinance and payment of such redemption fee and daily boarding fee as may be established by the County under Article II, Section 4. Prior to the release of the animal, proof of rabies vaccination is to be presented to the Director or his designee. In the event of a final determination that the dog is a “potentially dangerous dog”, such dog shall be disposed of as follows:

i. If the owner of the dog is known, said owner may

redeem the dog by payment of such redemption fees and daily boarding fees as may have been established by the County under Article II, Section 4 above; provided, that it shall be an express condition of any such redemption that the owner keep the dog under restraint at all times thereafter pursuant to G. S. 67-4.2. Prior to release, the rabies vaccination shall be current.

ii. If, after redemption of a potentially dangerous

dog as set forth in section (i) above, the dog is thereafter determined by the Director or his designee, following investigation of a complaint

Meeting of July 23, 2007 Continued 8708

of Article V below, to have engaged in any of the behaviors prohibited under G. S. 67-4.1 (a) (1) or (2), or to have not been kept under restraint by the owner at all times, the dog shall be impounded immediately at the Animal Shelter and shall be destroyed by the Animal Control Section.

iii. If the owner of the dog is not known, such dog

shall be destroyed by the Animal Control Section.

ARTICLE VI

ANIMAL WELFARE

SECTION 1. PURPOSE OF THIS SECTION. It is the purpose of this section to supplement Article 47 of the North Carolina General Statutes, and all other state laws regarding animals for which the Animal Control Division has enforcement authority pursuant to Article II, Section 3. SECTION 2. CRUELTY TO ANIMALS It shall be unlawful for any person to abuse, molest, maim, disfigure, torture, torment, deprive of necessary sustenance, cruelly beat, mutilate or kill, wound, injure, poison, abandon or subject to conditions detrimental to the health or general welfare any animal, or to cause or procure such action. As used in this section the words “torture”, “torment” and “cruelty” include or refer to any act, omission or neglect causing or permitting unjustifiable physical pain, suffering or death is caused or permitted; but such terms shall not be construed to prohibit lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission; nor to prohibit the Animal Control Program or persons duly authorized by the Health Director or veterinarians from destroying dangerous, unwanted or injured animals in a humane manner; nor to prohibit the lawful use of pesticides for control of insects, rodents, or household and farm pests. SECTION III. ANIMAL WELFARE a. Owners must provide adequate food, shelter, and water as defined in Article I. b. Dogs continuously maintained on a restrictive chain, rope

or other kind of tether shall be deemed to be improperly confined. However, tethering may be acceptable in certain cases where adequate daily socialization and exercise off the tether have been afforded and verified. Owners restraining animals must follow the provisions as defined in Article I.

ARTICLE VII

REPORTS, COMPLAINTS, AND INVESTIGATION

SECTION 1. EMERGENCY COMPLAINTS. Notwithstanding the provisions of Section 2 above, any person may in the case of an emergency make a verbal complaint through the County Communications Center or directly to the animal

Meeting of July 23, 2007 Continued 8709

control officer or the Director or his designee, as appropriate, of a violation of Article III or IV above. Such verbal complaint shall, as soon as practicable after response to the emergency, be confirmed by the complainant in writing on the prescribed form. SECTION 2. VERBAL REPORTS. Any person may make a verbal report to the County of a violation of Article II of this Ordinance, or of an animal, which appears to be lost, a stray, unwanted, or in imminent danger. All such reports shall be made by telephone to the County Communications Center, or by telephone or in person to the Animal Control Section. Telephone reports received by the County Communications Center shall be relayed to the Animal Control Section or appropriate municipal police for such action as may be authorized or appropriate under this Ordinance. SECTION 3. WRITTEN COMPLAINTS. Any person may make a complaint to the County of a violation of Article III or IV of this Ordinance. All such complaints shall be written and shall be on a form prescribed by the County. Such complaints shall be presented as follows: a. Article III and Article IV Complaints. A written complaint of a violation of Article III or Article IV shall be presented to the Animal Control Section. The Animal Control Section shall develop a written complaint form and shall maintain copies of the same at all times, which shall be made available for inspection upon request to any person. The form shall require such information as shall be deemed sufficient by the Animal Control Section to permit a sufficient investigation to determine if a violation of Article III or Article IV has occurred, along with any other information deemed appropriate by the animal control officer. The form shall further require the signature of the person making the complaint. SECTION 4. INVESTIGATIONS. The animal control officer, Health Director or his designee, upon complaint of a violation of Article II, III, or IV above, shall conduct such investigation, as he shall deem appropriate in determining whether such violation has occurred and whether impoundment of an animal is appropriate or required under the provisions of this Ordinance. Investigations may include, but are not limited to, the interviewing of witnesses and taking of written statements, inspection of premises where an animal is owned or held, reasonable examination of a person or property to determine if injury or damage has been inflicted by an animal under the provisions of Article III or IV, reasonable examination of an animal being investigated, and such other steps as shall be determined to be necessary or appropriate in carrying out investigations of violations of this Ordinance. The animal control officer and the Director or his designee may, if necessary, request the assistance of the Surry County Sheriff’s Office or municipal police in impounding any animal as permitted under the provisions of this Ordinance.

Meeting of July 23, 2007 Continued 8710

ARTICLE VIII PENALTIES AND ENFORCEMENT

SECTION 1. PENALTIES.

a. Misdemeanor. Notwithstanding any civil penalties which may be assessed under subsection (b) below, any person violating any of the provisions of this Ordinance may be found guilty of a Class 3 Misdemeanor under G. S. 14-4 and 153A-123. For a continuing violation, each day’s violation shall be deemed to be a separate offense.

b. Civil Penalties. In addition to, and not in lieu of, the criminal penalties and other remedies provided by this Ordinance or by State law, a violation of any of the provisions of Article II, III, or IV of this Ordinance may also subject the offender to the civil penalties hereinafter set forth. The animal control officer shall be authorized to issue a citation to such person, giving notice of the violation. Citations so issued may be delivered in person or mailed by registered or certified mail, return receipt requested, to the person charged if such person cannot otherwise be readily located. The civil penalty or penalties set forth in the citation must be paid within seven (7) days of the receipt of the citation and shall be paid to the Animal Control Section. The Animal Control Section shall forward all such penalties collected to the Finance Office for the County of Surry for application as by law provided. If the person charged fails to pay the civil penalty within the time prescribed, a criminal summons shall be issued against such person charging a misdemeanor violation of this Ordinance under subsection (a) above and upon conviction, such person shall, in addition to the penalties prescribed for said misdemeanor violation of this Ordinance, be punished as the court prescribes for failure to pay the civil penalties imposed hereby. The civil penalties for a violation of this Ordinance shall be as follows:

i. For a violation of any provision of Article II above,

the civil penalty shall be Twenty-five Dollars ($25.00) for a first offense, Fifty Dollars ($50.00) for a second, and One Hundred Dollars ($100.00) for a third or subsequent offense.

ii. For a violation of any provisions of Article III, IV

and VII, the civil penalty shall be One Hundred Dollars ($100.00) for a first offense, Two Hundred Fifty Dollars ($250.00) for a second offense, and Five Hundred Dollars ($500.00) for a third or subsequent offense.

iii. For the following specific violations of Article VII,

the civil penalty shall be the following: SECTION 1.c – Failure to report rabies information per GS 130A-192 - $10 per day SECTION 1.d – Tampering with traps - $25; Stealing traps - $125 for a cat trap and $250 for a dog trap (or misdemeanor larceny)

SECTION 2. ENFORCEMENT. This Ordinance may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction.

Meeting of July 23, 2007 Continued 8711

ARTICLE IX

GENERAL PROVISIONS

SECTION 1. INTERFERENCE WITH ENFORCEMENT OF ORDINANCE. a. No person shall interfere with, hinder, or molest the

animal control officer or any agents or employees of the Animal Control Section, or the Surry County Public Health Director or his designee, in their performance of any duties under this Ordinance, nor seek to release any animal in the custody of the same or of the Animal Shelter unless otherwise specifically authorized by law. The penalty for a violation of this Section shall be as set forth in Article VI above.

b. No person may conceal any animal from the Animal Control,

for the purpose of evading the requirements of this ordinance.

c. No person may refuse to show proof of a rabies vaccination to any member of the Animal Control Division upon demand.

d. No person, other than a member of the Animal Control

Section, may remove any animal from a live-capture animal trap placed on private or public property by the Animal Control Section without the express authorization of a member of the Section. It shall also be unlawful for any person to damage, destroy, move or otherwise tamper with a trap placed by the Animal Control Section on private or public property.

SECTION 2. SEVERABILITY. If any part of this Ordinance or any portion or provision hereof, or the application hereof to any person or condition, is held to be invalid, such invalidity shall not affect the remaining parts of this Ordinance or their application to any other person or condition, and to this end the provisions of this Ordinance are hereby declared to be severable. SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect and be in force upon adoption by the Surry County Board of Commissioners.

ARTICLE X REGULATION OF OWNERSHIP, KEEPING AND HARBORING INHERENTLY

DANGEROUS EXOTIC ANIMALS SECTION 1: DEFINITIONS

1. Inherently Dangerous Exotic Animal: An animal which falls within any of the following categories:

(a) a non-human primate; (b) Canidae, including any member of the dog (Canid)

family not customarily domesticated by man, or any hybrids thereof, including but not limited to wolves and wolf hybrids which are a cross between a wolf and a domestic dog, but not including domestic dogs (Canis familiaris);

Meeting of July 23, 2007 Continued 8712

(c) Felidae, including any member of the cat family

weighing over fifteen (15) pounds not customarily domesticated by man, and any hybrids thereof, but not including domestic cats (Felis catus);

(d) Ursidae, including any member of the bear family,

or any hybrids thereof;

(e) reptiles, insects, or arachnids which are venomous and which are not indigenous to Surry County; or any reptile not indigenous to Surry County which weighs forty (40) pounds or more, whether venomous or not.

2. Owner: In this Amendment to the Animal Control Ordinance, the term “Owner” shall have the same meaning as defined in Animal Control Ordinance Article 1 Section 2. As used with Exotic Animals, Owner also includes one who allows an exotic animal to remain in, be lodged, fed, given shelter or refuge within the Owner’s home, store, yard, enclosure, out-building, abandoned vehicle or building, place of business, or any other premises in which the person resides or over which the person has control.

SECTION 2: PROHIBITION

It shall be unlawful to own, possess, keep, or harbor an inherently dangerous exotic animal within the County; provided, that the Owner of any inherently dangerous exotic animal as defined in this Ordinance who owned, possessed, kept or harbored such inherently dangerous exotic animal on or before the effective date of this Ordinance shall remove said animal(s) from the County within one (1) year following the adoption of this Ordinance.

SECTION 3: EXEMPTIONS

This Article VIII shall not apply to:

1. Veterinary clinics in possession of such animals for treatment or rehabilitation purposes;

2. Institutions regulated by the USDA; 3. Institutions accredited by the American Zoo and

Aquarium Association; 4. Registered non-profit humane societies; 5. Animal control authority or law enforcement officers

acting under authority of this Act; 6. any wildlife rehabilitator licensed by the State; 7. Non-resident circuses for no longer than one 7-day

period for separate locations where such circuses are held within the County per calendar year;

8. Non-resident carnivals for no longer than one 7-day period for separate locations where such carnivals are held within the County per calendar year;

9. Persons temporarily transporting such animals through the County, providing that such transport shall not be longer than 24 hours.

10. Any licensed or accredited research or medical institution or educational institution.

Meeting of July 23, 2007 Continued 8713

SECTION 4: IMPOUNDMENT

Disposition of Impounded Animals: a. Any exotic animal which is kept by any person in

violation of this Ordinance may be taken and impounded by the Animal Control Officer for the protection of the animal, the public, or both. Whenever possible, the Animal Control Officer shall take and impound the animal in the presence of its owner, however, if such is not practical, the Animal Control Officer may take and impound such animal consistent with the provisions of this Ordinance.

b. If an animal is impounded pursuant to this Ordinance, the Owner of the animal shall be notified by the Animal Control Officer in person or by certified mail.

c. Any animal impounded pursuant to this Ordinance will be held 3 days for the Owner to claim same, but if the animal cannot be taken and impounded safely by the Animal Control Officer, or if proper and safe housing cannot be found for the animal, the Animal Control Officer may immediately destroy the animal.

d. The Owner of the animal can reclaim the animal if he or she can satisfy the Animal Control Officer that the safe transfer of the animal to an appropriate location outside the County has been arranged.

e. If the owner cannot be located, or has not claimed the animal within 3 days after taking and impoundment, the Animal Control Officer shall have the discretion to sell, adopt or euthanize the animal.

f. All costs of taking, impoundment and care of the animal will be charged to the owner regardless of whether the animal is claimed by or returned to said owner. In the event the animal is reclaimed, such costs shall be paid in full prior to return.

SECTION 5: VIOLATION AS A MISDEMEANOR; PENALTIES

Any person who is found guilty of the violation of this Ordinance shall be guilty of the Class 3 Misdemeanor. Each day an animal remains in the possession of a person in violation of this Ordinance shall constitute a new and distinct offense.

_______________________________________ Vice-Chairman Johnson then declared the meeting to be a public hearing for the purpose of public comments on the Bureau of Justice Assistance, Edward Byrne Memorial Justice Assistant Grant (JAG grant). Chief Deputy Jimmy Combs stated the monies would be used for a portion of phase II of the Detention Center Camera System. Mr. Combs stated the grant would be for $19,741. No one spoke on the grant. Vice-Chairman Johnson closed the public hearing and asked the Board if they wished to take any action. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve the grant application.

Meeting of July 23, 2007 Continued 8714

_______________________________________ Vice-Chairman Johnson then declared the meeting to be a public hearing for the purpose of hearing comments on zoning application ZCR1004. The parcel site is 109.42 acres of tax parcels 5957-00-19-8684 and 5958-00-00-7462. The applicant is Ingleside LLC. The property is currently zoned RA. The petition is to rezone the property to RR-C. Chris Knopf, Planning Director, presented facts pertaining to the rezoning and stated that the Planning Board recommends approval of the petition. Vice-Chairman Johnson asked for comments from the public. No one spoke on the rezoning. Vice-Chairman Johnson then declared the public hearing closed and asked the Board if they wished to take any action. Upon motion of Commissioner Miller, seconded by Commissioner Harrell, the Board voted unanimously to approve the rezoning with the following development conditions: Dwelling, single family (site-built only); guest house; accessory structure-rear yard only; perimeter fencing per developer approval; greenways; residential development sales office (on-site) for developer only; developer plan reviews (all structures); child care (private home); cluster homes per developer approval; home occupation (restricted to office use only). The site plan is on file in the Planning Department and is a binding part of the rezoning. _______________________________________ Don Mitchell, Purchasing Agent, addressed the Board regarding six surplus vehicles. Mr. Mitchell stated that he had received requests from the Cooperative Extension Office, White Plains Volunteer Fire Department, Mountain Park Volunteer Fire Department and Skull Camp Volunteer Fire Department for a vehicle to be used by their departments. Mr. Mitchell stated that only two vehicles would be suitable for use by a department or agency. Commissioner Miller made a motion to surplus all six vehicles. The motion died for lack of a second. The Board discussed the conditions of the vehicles. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to surplus the following vehicles: 2002 Chevrolet Impala Vin#2G1WF55K829270028, 2002 Chevrolet Impala Vin#2G1WF55K429270656, 2001 Chevrolet Impala Vin#2G1WF55K619245093 and 2000 Ford Crown Vic Vin#2FAFP71W5YX101555. Approve White Plains Volunteer Fire Department to obtain a 1999 Ford Crown Vic Vin#2FAFP71W9XX159754 and approve Mountain Park Volunteer Fire Department to obtain a 2001 Ford Crown Vic Vin#2FAFP71W61X129063.

Meeting of July 23, 2007 Continued 8715

_______________________________________ Don Mitchell, Purchasing Agent, presented a request from the Finance Office to purchase a shredder. Upon motion of Commissioner Miller, seconded by Commissioner Hamlin, the Board voted unanimously to approve the purchase. _______________________________________ Jack Gardin, Water and Sewer Projects Coordinator, addressed the Board regarding the rate changes for the Flat Rock/Bannertown Water and Sewer District. Mr. Gardin discussed the ratio to rates. Mr. Gardin stated the County is proposing a 1.85 rate within the structural design of the City of Mount Airy rate schedule. Upon motion of Commissioner Hamlin, seconded by Commissioner Harrell, the Board voted unanimously to recess as the Board of Commissioners.

Upon motion of District Member Miller, seconded by District Member Harrell, the Board voted unanimously to reconvene as the Flat Rock/Bannertown Water and Sewer District Board of Directors. The Flat Rock/Bannertown Water and Sewer District Board of Directors discussed a resolution amending water and sewer rate schedule effective for billing cycles billed on or after July 1, 2007. Upon motion of District Board Member Harrell, seconded by District Board Member Miller, the Board voted unanimously to approve the following resolution:

FLAT ROCK/BANNERTOWN WATER AND SEWER DISTRICT RESOLUTION AMENDING

WATER AND SEWER RATE SCHEDULE (EFFECTIVE FOR BILLING CYCLES BILLED ON OR AFTER

JULY 1, 2007)

WHEREAS, the Flat Rock/Bannertown Water and Sewer District sets its rates for water and sewer use by adopting a rate schedule, which may be amended from time to time; AND WHEREAS, Section IIIa of the Interlocal Governmental Agreement Between the Flat Rock/Bannertown Water and Sewer District and City of Mount Airy and County of Surry for Extension of Water and Sewer Service, dated February 22, 2005, requires that the structural design of the District’s rate schedule be consistent with the structural design of the rate structure of its agent, the City of Mount Airy, and that those rates represent a consistent ratio to rates within the structural design of the City of Mount Airy’s rate schedule; AND WHEREAS, the City of Mount Airy has amended its Water and Sewer Rate Schedules, effective for billing cycles billed on or after July 1, 2007; AND WHEREAS, the Board of the Flat Rock/Bannertown Water and Sewer District wishes to amend its rate schedule in order to maintain a consistent ratio of 1.85:1 to rates within the structural design of the City of Mount Airy’s rate schedule;

Meeting of July 23, 2007 Continued 8716

NOW, THEREFORE, BE IT RESOLVED by the Board of the Flat Rock/Bannertown Water and Sewer District that: Section 1. The District hereby amends its Water and Sewer Rate

Schedule in accordance with the attached Schedule of Fees (Effective July 1, 2007). Fee changes are effective on July 1, 2007.

Section 2. This Resolution shall become effective upon approval

by the Board of the Flat Rock/Bannertown Water and Sewer District.

Upon motion of District Board Member Harrell, seconded by

District Board Member Miller, the Board voted unanimously to recess as the Flat Rock/Bannertown Water and Sewer District Board of Directors.

Upon motion of Commissioner Miller, seconded by Commissioner Harrell, the Board voted unanimously to reconvene as the Surry County Board of Commissioners. _____________________________________________

Vice-Chairman Johnson informed the audience that it was

time for the special recognition portion of the agenda. The following individuals were recognized:

Brenda Davis, Dianne Hayden, Marty Lowe, Mike Badgett,

Sheila Harrison, Una Freeman, Will Moore, Roger Bedsaul, Al Johnson, Stu Fulk, Chris Nelson, Teresa Pratt, Michael Hartgrove, Judy Stephens, Suzi Needham, Darlene Stanley, Tina Whitt, Suzanne Smith, Sharon Quesenberry, Lisa Black, Pam Burton, Penny Bowman, Ellen Dollyhigh, Penny Harrison, Angie Brown, Melissa Shew, and Debbie Shortt for their exceptional performance, team effort, generous commitment of time, and devoted service while bringing the tax collection rate to 97.44%, the highest rate since 1997.

Cathy Booker, Tax Administrator, for her exceptional and

exemplary leadership while giving loyal and devoted time, energy, and distinguished service to Surry County and its citizens.

John Shelton recognized Adam Martíne for showing courageous action and saving the life of Cody Simpson by performing the Heimlich maneuver when Cody’s airway became blocked. John Shelton recognized Sergeant 1st Class J. Todd Butcher for being awarded the Bronze Star Medal of Exemplary Service to the United States of America in the Army National Guard.

The following individuals were recognized for their many years of faithful service:

Commissioner Johnson recognized the following individuals

for 10 years of service to the County: Roger Bedsaul Wanda Easter Susan Jarrell Elizabeth Mooijekind Jeni O’Neal Eldon Rogers Robert Sardler Amy Simpson Linda (Carol) Vanhoy Dale Williams

Meeting of July 23, 2007 Continued 8717

Commissioner Harrell recognized the following individuals for 15 years of service to the County:

Lori Burgess Linda Draughn Melba Gammons Brenda Hall Karen Smith Marilyn Snow Linda (Darlene) Stanley Commissioner Hamlin recognized the following individuals

for 20 years of service to the County: Betsy Easter Lydia Reynolds Commissioner Johnson recognized the following individuals

for 25 years of service to the County: Lester Edwards Ronald (Ottis) Holt Libbie Inman Commissioner Miller recognized the following individuals

for 30 years of service to the County: Anita Bowlen Carolyn Comer Dianne Hayden John Shelton Commissioner Miller recognized the following individuals

for 35 years of service to the County: Kaye Atkins Patty Bledsoe

_______________________________________ The Board took a fifteen minute break. _______________________________________ Dr. Ashley Hinson, Surry County Schools Superintendent, addressed the Board regarding the purchase of approximately 14 acres of land in the East District. Dr. Hinson stated that there would be a due diligent period in which the Board of Education could rescind their offer on the property. Dr. Hinson stated the sale price of the property is $230,000. Dr. Hinson requested $5,000 for earnest money deposit toward the purchase. Dr. Hinson also stated that the Board of Education is working toward the purchase of approximately 5 to 6 additional acres that adjoin the proposed purchase property. Upon motion of Commissioner Hamlin, seconded by Commissioner Harrell, the Board voted unanimously to approve the Board of Education to proceed with the option to purchase and approve $5,000 of earnest money. _______________________________________ The County Manager presented a request from the Piedmont Triad Partnership Board of Directors for an appointee from Surry County to serve on the Board of Directors. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to appoint Chairman Hunter as the representative on the Piedmont Triad Partnership Board of Directors. _______________________________________ The County Manager gave an update on the Permitting and Health Clinic Center. Mr. Sammons stated that the first progress meeting will be held Tuesday, July 24, 2007. Mr. Sammons stated that the grading site is approximately 65% complete. _______________________________________

Meeting of July 23, 2007 Continued 8718

The County Manager addressed the Board regarding the North Carolina Association of County Commissioners Conference at the Crown Center in Fayetteville. The conference will be August 16-19, 2007. Mr. Sammons asked the Board if anyone was interested in attending the conference. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to appoint Chairman Hunter as the voting delegate contingent upon Chairman Hunter being able to attend. If Chairman Hunter cannot attend the County Manager will be the voting delegate. _______________________________________ The County Manager updated the Board on the NACo Conference from July 14-17, 2007 in Richmond, Virginia, which Bill Hamlin and he attended recently. Mr. Sammons stated that 3,500 delegates had attended the conference representing 800 counties. Mr. Sammons also stated that North Carolina had the second largest number of county participation with 62 counties. Commissioner Hamlin stated that he attended several interesting workshops. _______________________________________ The County Manager updated the Board on the water hook up at the Flat Rock Elementary School. Mr. Sammons stated there will be a ceremony on Friday, July 27, 2007 at 10:00 a.m. at the school. _______________________________________ The County Manager discussed a letter received from the Town of Dobson regarding the possibility of the County administering zoning and permitting for the town. The County Manager and Planning Director will meet with the Town Manager on Thursday, July 26, 2007 to discuss the request. _______________________________________ The County Manager addressed the Board on a letter from HUD regarding a Surry County Housing Consortium grant of $606,112, with all but $10,700 going toward the Home Investment Partnership. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously for the County Manager to write a letter of support for the Downtown Elkin Theater restoration. _______________________________________ It was the consensus of the Board for the Natural Resources Committee to develop recommendations on making Surry County a more environmental responsible county. _______________________________________ The Board discussed occupancy tax and a plan to help bring understanding to citizens. The Board discussed holding a special meeting on economic development and tourism. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to appoint Mary Steiner to the Recreation Advisory Council. _______________________________________

Meeting of July 23, 2007 Continued 8719

Upon motion of Commissioner Hamlin, seconded by Commissioner Harrell, the Board voted unanimously to appoint Anna Marie Hardy to the Workforce Development Board. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to appoint or reappoint the following to the Juvenile Justice Prevention Council: Delinda Kyle Jack Moore Wayne Black Celeste Hawks J.T. Henson Lynn Stout Spencer Key Mike Hoyng David Stone Robin Testerman Bill Hamlin Jasmine Hagwood Joanna Refvem Erin Cotter _______________________________________ Upon motion of Commissioner Miller, seconded by Commissioner Harrell, the Board voted unanimously to appoint Polly Long to the Youth Executive Committee. _______________________________________ The Board discussed the request from Matt Wilmoth that was made earlier in the meeting. Mr. Wilmoth was requesting funding to assist the Surry West All-Stars in attending a championship game in Jacksonville, Florida. Upon motion of Commissioner Hamlin, seconded by Commissioner Harrell, the Board voted unanimously to fund the Surry West All Stars Team up to $2,500.

The Surry County Parks and Recreation Department and the Recreation Advisory Council is being asked to establish a policy under which teams that win invitations to national championship competitions may apply for financial assistance. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to go into closed session to discuss personnel and pending litigation. _______________________________________ The Board came out of closed session and resumed regular business. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to adjourn at 10:30 p.m. _______________________________________ _____________________ Conchita Atkins Clerk to the Board

8720

Surry County Board of Commissioners Meeting of August 20, 2007

The Surry County Board of Commissioners met in regular session at 6:00 p.m. on August 20, 2007. The meeting was held in the County Commissioners’ Meeting Room, Surry County Government Center, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, Commissioner Jim Harrell, Jr. and Commissioner Jimmy Miller. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Conchita Atkins, Clerk to the Board Edwin Woltz, County Attorney

Betty Taylor, Assistant County Manager for Budget and Finance

Sandy Snow, Human Resources Officer Chris Knopf, Planning Director John Shelton, Emergency Services Director Doug Jones, Fire Marshal Sheriff Graham Atkinson Adam McComb, Parks and Recreation Director News Media Other Citizens ________________________________________ Chairman Craig Hunter called the meeting to order. Commissioner Bill Hamlin delivered the invocation and led the Pledge of Allegiance. ________________________________________ Chairman Hunter requested the Board to consider the minutes of the July 23, 2007 meeting. Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to approve the minutes. _______________________________________________ Chairman Hunter requested that the Board consider the consent agenda. Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to approve the following consent agenda items: Requests by the County Manager:

1. Approve the following resolution regarding the addition of Spring Hill Court to the Secondary Road System:

N. C. DEPARTMENT OF TRANSPORTATION

REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM

NORTH CAROLINA COUNTY OF SURRY Road Name: Spring Hill Court

Meeting of August 20, 2007 Continued 8721

WHEREAS, the attached petition has been filed with the Surry County Board of Commissioners, requesting that the above named road be added to the Secondary Road System; and WHEREAS, the Board is of the opinion that the above described road should be added to the Secondary Road System, if the road meets minimum standards and criteria established by the Highway Division of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, BE IT RESOLVED by the Surry County Board of Commissioners that the Highway Division is hereby requested to review the above-described road, and to take over the road for maintenance if it meets established standards and criteria.

2. Approve fee increase changes for Emergency Services

as follows: BLS Emergency $270 to $300 Advanced Life Support/2 $470 to $510

3. Approve fee increases for vaccines in the Health

and Nutrition Center. The schedule is on file in the Health and Nutrition Center.

4. Approve the Health and Nutrition Center to apply and accept, if awarded, an Eat Smart, Move More Grant.

5. Approve a smoke-free policy for all County buildings effective January 1, 2008. The policy is on file in the Human Resources Office.

6. Approve the following from the Tax Department: Total releases for the month ending 07/31/2007 in the amount of $32,834.43.

Total refunds for the month ending 07/31/2007 in the amount of $13,836.91.

Total real and personal property discoveries for the month ending 07/31/2007 in the amount of $42,181.76.

Total motor vehicles discoveries for the month ending 07/31/2007 in the amount of $3,910.08.

Collect May 2007 motor vehicle renewals in the amount of $434,524.32.

Requests from the Assistant County Manager for Budget and Finance:

1. Approve a refund to Medicaid in the amount of

$1,101.08 due to double payment. 2. Approve computer equipment be transferred to Elkin

City Schools. 3. Approve a $1,772.28 landfill write-off debt. 4. Approve Public Works to purchase a compactor. 5. Approve the Health and Nutrition Center to write

off $35,195.48 in uncollected debt from FY 04-05. 6. Approve amendments to the Telephone Use Policy.

The policy is on file in the Finance Office. Requests from the Human Resources Officer: 1. Approve the Health and Nutrition Center to change

vacant position #516320 from a Medical Office Assistant to an OSSOG III, contingent upon final approval from State personnel.

Meeting of August 20, 2007 Continued 8722

2. Approve the following resolutions:

RESOLUTION

WHEREAS, Louis “Wayne” Cooke was employed by the County of Surry from July 5, 1979 until his retirement on July 31, 2007 as an employee of Surry County Emergency Services; and WHEREAS, during his term of service, Mr. Cooke served as EMT, EMT-Paramedic, Shift Supervisor, Senior Shift Supervisor, Interim Director of Communications, and Assistant Director of Emergency Services, a position he held from February, 2003 until his retirement; and WHEREAS, Mr. Cooke has played a leading role in advancing Surry County Emergency Services to become a model for Emergency Services operations throughout the State; and

WHEREAS, Mr. Cooke has made significant contributions to Surry County Emergency Services and to the County of Surry, achieving numerous certifications, demonstrating exemplary skill levels, and contributing to his department and to his fellow employees, serving on the Employee Benefits Committee, the Safety Committee, and the Personnel Committee, serving as secretary for several years; and WHEREAS, Mr. Cooke, in his supervisory and personnel director roles, has led by example, bringing a high level of integrity and professionalism to Surry County Emergency Medical Services; and

WHEREAS, during his years of faithful and dedicated service, Mr. Cooke has earned the admiration and respect of his friends, colleagues, and the employees he has supervised; and

NOW, THEREFORE, BE IT RESOLVED that the Surry County

Board of Commissioners wishes to publicly commend Mr. Cooke for his commitment to the citizens of Surry County and wishes to express its appreciation and thanks for his twenty-eight years of dedicated service; and

BE IT FURTHER RESOLVED that the Board extends to Louis Wayne Cooke its best wishes for many years of happiness during his retirement.

RESOLUTION

WHEREAS, Wayne Mitchell Davis faithfully served the citizens of Surry County from January 11, 1982 until his death on June 03, 2007 as an employee of the Surry County Sheriff’s Office; and WHEREAS, during his years of dedicated service, Wayne Mitchell Davis held the positions of Control Room Officer, Deputy Sheriff I, Deputy Sheriff II, Senior Deputy Sheriff, Deputy Sheriff – Sergeant, and Deputy Sheriff – Lieutenant, a rank he held from February 1, 2005 until his death; and WHEREAS, during his years of service, Lt. Davis brought honor and acclaim to the Sheriff’s Office, as evidenced in 1999 when he assisted in developing Standard

Meeting of August 20, 2007 Continued 8723

Operating Procedures for the new Civil Process Service Division resulting in process service that has received recognition Statewide; and

WHEREAS, Wayne Mitchell Davis devoted over twenty-five years of service to diligently protecting and serving the citizens of Surry County; and WHEREAS, during his law enforcement career, Wayne Mitchell Davis exhibited a high level of integrity, professionalism and fairness earning him the admiration, and friendship of his colleagues in the Sheriff’s Office and earning respect throughout the County; and

NOW, THEREFORE, BE IT RESOLVED that the Surry County Board of Commissioners wishes to publicly honor and commend the memory of Wayne Mitchell Davis and recognize his dedicated service to the Sheriff’s Office and to his County; and

BE IT FURTHER RESOLVED that the Board of Commissioners expresses appreciation to the family of Wayne Mitchell Davis for the years of his life he gave to make Surry County a better place for us to live. His accomplishments and his memory will live on in the hearts of those he touched.

3. Approve the Sheriff’s Office to hire a selected candidate for a Jail Administrator position at Grade 70-8.

4. Approve the following to the Personnel Ordinance:

Ordinance Amendment

Be it ordained and enacted that the Personnel Ordinance for Surry County, North Carolina, is amended by making the following change to Article VI “Leave and Holiday Policies”, Section 8 “Workers’ Compensation Leave”:

DELETE: “An employee absent from duty because of sickness or disability covered by the North Carolina Worker’s Compensation Act may receive Worker’s Compensation benefits and elect to use sick leave, compensatory time, and accumulated annual leave as supplemental payment for the difference between his/her salary and the payments received under the Workers’ Compensation Act.”

ADD: “An employee absent from duty because of sickness or disability covered by the North Carolina

Worker’s Compensation Act may elect to use accumulated leave during the first week of absence in order to receive pay by the County for the seven calendar day waiting period. After the seven calendar day waiting period, the employee will be placed on leave without pay, receiving only payments covered under the workers’ compensation act. If the absence from work is longer than 21 days, resulting in retroactive pay for the week waiting period, County compensation and leave credits will be adjusted accordingly.

Meeting of August 20, 2007 Continued 8724

Ordinance Amendment

Be it ordained and enacted that the Personnel Ordinance for Surry County, North Carolina, is amended by making the following change to Article VI, “Leave and Holiday Policies”, Section 7 “Leave Without Pay-Effect upon Benefits”:

DELETE: “The employee will continue to be eligible for benefits under the County’s group insurance

plans; any payroll deducted insurance premiums will be the responsibility of the employee and must be paid by the 25th of each month to the Health Benefits coordinator in the Finance Office.

ADD: “An employee absent from work due to an approved

leave as allowed under the Family Medical Leave Act will continue to be eligible for benefits under the County’s group insurance plans until the later of a period of up to 12 weeks or until the exhaustion of earned accumulated leave time. During this time, the County will continue to make regular contributions for the County share of the insurance premium. Employee’s share of contributions will continue to be paid by the employee and will be due in the Finance Office by the 25th of each month. After the later of 12 approved weeks of family medical leave or the exhaustion of earned accumulated leave time, insurance coverage may be continued as allowed under COBRA regulations, with the total cost being assumed by the employee.

Requests from the Planning Director: 1. Approve the Richard and Pamela Barnes final one-lot

subdivision. 2. Approve the Paradise Properties LLC Phase I final

ten-lot subdivision. ________________________________________

Chairman Hunter then declared the meeting to be an open forum and invited members of the audience to address the Board on any matters of civic concern. The County Manager introduced Adam McComb as the new Parks and Recreation Director. There being no additional comments, Chairman Hunter closed the open forum, and the Board resumed regular business. ______________________________________ Brent McKinney, Piedmont Authority for Regional Transportation (PART) Executive Director, gave the Board an overview of the first year anniversary for the PART Express Bus Service. Mr. McKinney stated that the PART Express Bus Service began service from Surry County to Winston Salem on Monday, July 31, 2007. Mr. McKinney gave a financial forecast and stated that PART wanted to make the system

Meeting of August 20, 2007 Continued 8725

more efficient and effective. Mr. McKinney stated that there is an average of 200 riders per day. _______________________________________ Chairman Hunter then declared the meeting to be a public hearing for the purpose of hearing comments on zoning application ZCR1012. The parcel site is 0.17 acre of tax parcel 4992-00-22-2554. The property owner is Jimmie G. Haynes. The property is currently zoned RA. The petition is to rezone the property to HB. Chris Knopf, Planning Director, presented the facts pertaining to the rezoning and stated that the Planning Board recommended approval of the petition. Chairman Hunter asked for comments from the public. No one spoke on the rezoning. Chairman Hunter then declared the public hearing closed and asked the Board if they wished to take any action. Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to approve the petition. _______________________________________ John Shelton, Emergency Services Director, addressed the Board regarding a proposed convalescent transport service. Mr. Shelton stated that NuCare Ambulance Service of Winston Salem could meet Surry County system requirements for convalescent services. Mr. Shelton stated that NuCare would transport patients that cannot be transported by private vehicle. Mr. Shelton presented a proposed contract agreement with the term automatically renewable for one year periods. NuCare Ambulance would station an ambulance in Mount Airy as a priority unit and a second in Elkin if call volume support the additional unit. Mr. Shelton stated that he would like to begin utilizing NuCare September 1, 2007. Jeff Corbet, Founder of NuCare, stated that NuCare was willing to assist Emergency Services with transports. Mr. Corbet stated that NuCare’s main concerns are customer service and patient care. Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to approve the agreement with NuCare, contingent upon review by the County Attorney. Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to enter a franchise agreement with NuCare. _______________________________________ John Shelton, Emergency Services Director, and Sheriff Graham Atkinson addressed the Board regarding the Community Alert System and the need for an upgrade to the system. The system is a community alert information service that alerts the public in the event of an emergency or crisis. Mr. Shelton stated that the annual maintenance cost for the

Meeting of August 20, 2007 Continued 8726

system is $6,400 per year. The system operates with a nationwide database for telephone services that can be activated in a selected geographic area. For up to 100 calls the service is free, after 100 calls there is a charge of .25 cents per call. Mr. Shelton stated Emergency Services could contract with Geolynx, and the charge would be .15 cents per call. Mr. Shelton recommended that the County use Geolynx. Geolynx will have a accurate GIS data from Surry County 911 database that will allow Emergency Services to precisely select those that need to be contacted and will not make any unnecessary calls. Mr. Shelton stated that there would be a $21,000 start up fee which would come from the E911 funds. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to use Geolynx as the community alert system with funding coming from the E911 funding. _______________________________________ Doug Jones, Fire Marshal, addressed the Board regarding approval of six mile fire protection district maps. Mr. Jones stated that if a citizen lives within five miles of a fire station, they will receive a discount on their homeowner’s insurance. If the six mile fire protection district maps are approved, anyone living within six miles of a fire station will receive the discount. Mr. Jones presented a resolution approving the insurance district boundaries. Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to approve the following resolution:

SURRY COUNTY BOARD OF COMMISSIONERS RESOLUTION APPROVING INSURANCE DISTRICT BOUNDARIES

WHEREAS, fire district boundaries for incorporated volunteer fire departments are established by boards of county commissioners pursuant to N.C.G.S. 153A-233, which districts are also used for insurance grading purposes; and WHEREAS, the fire district boundaries in the unincorporated portion of Surry County need to be revised to change the way they have historically been described by a point to point description to by reference to maps created on the GIS system, and to reflect annexations by municipalities in the County; and WHEREAS, the Surry County Fire Marshal has created new fire insurance district maps using the GIS system for various fire districts which are identified on Exhibit A to this Resolution; NOW, THEREFORE BE IT RESOLVED that the Surry County Board of Commissioners approves the boundary lines of the Fire Insurance Districts shown on Exhibit A, exclusive of current or future municipal town limits, and as represented in the scaled GIS produced map certified by the County Fire Marshal referenced in Exhibit A.

Meeting of August 20, 2007 Continued 8727

EXHIBIT “A”

1. Shoals Fire Protection District GIS Map, 2. Ararat Fire Protection District GIS Map, 3. Pine Ridge Fire Protection District GIS Map, 4. CC Camp Fire Protection District GIS Map, 5. Jot Um Down Fire Protection District GIS Map, 6. Four Way Fire Protection District GIS Map, 7. Mountain Park Fire Protection District GIS Map, 8. Toast Fire Protection District GIS Map, 9. Skull Camp Fire Protection District GIS Map, 10. Westfield Fire Protection District GIS Map, 11. South Surry Fire Protection District GIS Map, 12. Bannertown Fire Protection District GIS Map, 13. Pilot Knob Fire Protection District GIS Map, 14. Central Surry Fire Protection GIS Map, 15. White Plains Fire Protection District GIS Map, 16. State Road Fire Protection District GIS Map, 17. Pinnacle Fire Protection District GIS Map. Each of the above-referenced GIS Maps is on file at the Surry County Fire Marshal’s Office and are incorporated herein by reference to the same extent as if they were attached hereto. Each map is available for inspection during regular office hours. ________________________________________ The County Manager presented two proposed dates for

the annual Volunteer Banquet. It was the consensus of the Board to hold the banquet on October 11, 2007 at Cross Creek Country Club. _______________________________________ The County Manager addressed the Board on the 2008 legislative goals program. Mr. Sammons stated that the 2007 General Assembly made a number of important decisions for the benefit of counties including Medicaid relief, new tax options and E911 revenues remaining unchanged. The Board discussed the need for greater road funding and surcharges on landfills. The Board instructed the County Manager to obtain a list of former landfill sites in Surry County. _______________________________________

Chairman Hunter informed the audience that it was time for the special recognition portion of the agenda. The following individual was recognized:

The Board honored the late Wayne Davis for his service to the Surry County Sheriff’s Office.

________________________________________ The Board took a fifteen-minute recess. ________________________________________ The Board resumed regular business.

Meeting of August 20, 2007 Continued 8728

________________________________________ Sandra Snow, Human Resources Officer, updated the

Board on the Employee Assistance Program and stated the program was a success. Ms. Snow recommended the Board change the model from three visits to six visits to accommodate more complex issues.

Upon motion of Commissioner Harrell, seconded by

Commissioner Hamlin, the Board voted to renew the contract with McLaughlin Young Employee Services for the Employee Assistance Program. The Human Resources Officer is to set up another training session for Department Heads on utilization of the services offerrd by the Employee Assistance Program.

________________________________________ The County Manager presented quotes for design enhancements on the Permitting and Health Clinics Center. Mr. Sammons presented two proposed design enhancements: brick variation-$500 and roof dormers-$14,500. Mr. Sammons stated that quotes for the granite facing in the entranceway will hopefully be ready to present at the September 4, 2007 meeting. Upon motion of Commissioner Miller, seconded by Commissioner Harrell, the Board voted unanimously to approve the change order as presented. _______________________________________ The County Manager gave a Powerpoint presentation on recycling revenues. Mr. Sammons stated that Public Works Department had a great year in recycling revenues with income of approximately $218,000. Mr. Sammons showed how the revenues were collected and tonnage by type and revenue source. Mr. Sammons presented a chart showing recycling income FY 01-FY 07 totaling $843,000. _______________________________________ The County Manager gave a Powerpoint presentation on the FY 07 General Assembly plan to provide Medicaid relief. Mr. Sammons stated that the approved FY 08 County budget for Medicaid was $5,000,000. The Medicaid relief is a three year plan with 100% by July 1, 2009. Mr. Sammons stated that the State assures all counties of $500,000 net benefit starting in FY 08. Mr. Sammons discussed the need for new revenue sources and new revenue options. The Board discussed the cost for a voter referendum. _______________________________________ The County Manager discussed the Small Business and Technology Development Center choosing Surry County for an intensive two year project working with small companies who can benefit from their services. There will be a kick-off meeting on September 11, 2007 for the Champion Committee members. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Hamlin, the Board voted unanimously to fund $4,200 to the American Legion Honor Guard for the purchase of a van. All future requests for funding of this nature needs to come through the Veterans Services Office.

Meeting of August 20, 2007 Continued 8729

_______________________________________ Upon motion of Commissioner Miller, seconded by Commissioner Johnson, the Board voted unanimously to go into closed session to discuss personnel, property matters, economic development and litigation with the County Attorney. _______________________________________ The Board came out of closed session and resumed regular business. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to approve the following personnel requests:

Hire a selected Nutritionist II at a pay grade 66-13.

A one-step merit increase for employee in position # 432701.

________________________________________ The Board discussed various water and sewer projects. ________________________________________ Upon motion of Commissioner Johnson, seconded by

Commissioner Harrell, the Board voted unanimously to add a cent sales tax referendum to the November election ballot. The County Manager will develop information for the public. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to repair drains at the old jail with guidance from the County Manager and Building Committee. _______________________________________ There was no further business to come before the Board. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to adjourn at 10:25 p.m. _______________________________________ _____________________ Conchita Atkins Clerk to the Board

8730

Surry County Board of Commissioners Meeting of August 24, 2007

The Surry County Board of Commissioners met in an emergency called meeting at 9:30 a.m. on August 24, 2007. The meeting was held in the County Commissioners’ Meeting Room, Surry County Government Center, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Commissioner Jim Harrell, Jr. and Commissioner Jimmy Miller. Vice-Chairman Paul Johnson and Commissioner Bill Hamlin were unable to attend. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Conchita Atkins, Clerk to the Board

_______________________________________ Chairman Hunter called the meeting to order.

_______________________________________ Chairman Hunter stated that the Board of County Commissioners had appointed Kay Hamlin to the Surry Community College Board of Trustees on June 7, 2007. Ms. Hamlin was unable to serve due to her previous employment with the college. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to rescind the motion appointing Kay Hamlin to the Surry Community College Board of Trustees and to appoint Commissioner Bill Hamlin to serve on the Surry Community College Board of Trustees, effective immediately. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to adjourn at 9:40 p.m. _______________________________________

___________________ Conchita Atkins Clerk to the Board

8731

Surry County Board of Commissioners Meeting of September 4, 2007

The Surry County Board of Commissioners met in regular session at 6:00 p.m. on September 4, 2007. The meeting was held in the County Commissioners’ Meeting Room, Surry County Government Center, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, Commissioner Jim Harrell, Jr. and Commissioner Jimmy Miller. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Conchita Atkins, Clerk to the Board Edwin Woltz, County Attorney

Betty Taylor, Assistant County Manager for Budget and Finance

Sandy Snow, Human Resources Officer Chris Knopf, Planning Director Jack Gardin, Water and Sewer Projects Coordinator News Media Other Citizens ________________________________________ Chairman Craig Hunter called the meeting to order. Commissioner Jim Harrell, Jr. delivered the invocation and led the Pledge of Allegiance. ________________________________________ Chairman Hunter requested the Board to consider the minutes of the August 20, & August 24, 2007 meetings. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve the minutes. _______________________________________________

Chairman Hunter requested that the Board consider the consent agenda. Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to approve the following consent agenda items: Request by the County Manager:

1. Approve the Tournament Assistance Policy developed by the Parks and Recreation Department.

Requests from the Assistant County Manager for Budget and Finance:

1. Approve the Public Works Department to purchase a

computer. 2. Approve budget amendment no. 1 as follow:

The Board of County Commissioners approved an amendment to the FY 2007-2008 Budget Ordinance at their meeting on September 4, 2007.

ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT GENERAL FUND EXPENDITURES

Meeting of September 4, 2007 Continued 8732

Special Appropriations 1054198 57118 VFW Honor Guard 0 4,200 4,200 Increase departmental total. 368,305 4,200 372,505 Non-Departmental

1054199 59510 General Fund Contingency 300,000 (4,200) 295,800 Decrease departmental total. 609,000 (4,200) 604,800 The above action does not change fund

totals.

ECONOMIC DEVELOPMENT FUND EXPENDITURES 1154922 57152 Mayberry Campground (Rename) 0 28,649 28,649 1154922 59500 Contingency 200,000 (28,649) 171,351 The above action does not change fund

totals.

3. Approve the Sheriff’s Office to purchase two new

computers for the Jail. ________________________________________ Chairman Hunter then declared the meeting to be an

open forum and invited members of the audience to address the Board on any matters of civic concern. Gary York addressed the Board regarding progress of recycling in Surry County. Mr. York would like to see Surry County be the number one county for recycling. Gary York addressed the Board regarding a potential need for a sufficient amount of water on Zephyr Road just past the I-77 interchange. The Board discussed different alternatives and discussed that a water and sewer study was forthcoming in the near future. The Board also discussed the different municipalities working together on water and sewer projects. Chairman Hunter read a letter received from Mr. William Beamer, Jr. Mr. Beamer could not attend the meeting. The letter addressed practices to help Surry County serve an aging population. There being no additional comments, Chairman Hunter closed the open forum, and the Board resumed regular business.

________________________________________ Betty Taylor, Assistant County Manager for Budget and

Finance, addressed the Board regarding the Flat Rock/Bannertown Water and Sewer District and stated that the Board would need to act on a general obligation bond as the Flat Rock/Bannertown Water and Sewer District Board of Directors. Upon motion of Commissioner Miller, seconded by Commissioner Harrell, the Board voted unanimously to recess as the Board of Commissioners and to reconvene as the Flat Rock/Bannertown Water and Sewer District Board of Directors.

Meeting of September 4, 2007 Continued 8733

Betty Taylor, Assistant County Manager for Budget and Finance, presented information on issuing $2,548,000 in general obligation bonds for the Flat Rock/Bannertown Water and Sewer District. Upon motion of District Board Member Harrell, seconded by District Board Member Johnson, the Board voted unanimously to approve the resolution providing for the issuance of $2,548,000 general obligation water and sewer bonds for Flat Rock/Bannertown Water and Sewer District.

RESOLUTION PROVIDING FOR THE ISSUANCE OF $2,548,000 FLAT ROCK/BANNERTOWN WATER AND SEWER DISTRICT OF SURRY COUNTY, NORTH CAROLINA GENERAL

OBLIGATION WATER AND SEWER BONDS, SERIES 2007

BE IT RESOLVED by the Board of Commissioners (the “Board”) for the County of Surry, North Carolina, in its capacity as the governing body of the Flat Rock/Bannertown Water and Sewer District of Surry County, North Carolina (the “District”) that:

Section 1. The District has determined and does hereby find and declare as follows:

(a) An order authorizing not exceeding $8,140,000 Water and Sewer Bonds of the District was adopted by the Board on July 21, 2003, which order was approved by the vote of a majority of the qualified voters of the District who voted thereon at a referendum duly called and held on October 7, 2003.

(b) None of said bonds have been issued and there is outstanding $2,548,000 Water and Sewer Bond Anticipation Notes issued by the District, dated February 27, 2007, maturing September 26, 2007, and bearing interest at the rate of 4.00% per annum, which notes were issued in anticipation of the receipt of the proceeds of the sale of a like amount of said bonds.

(c) It is necessary to issue $2,548,000 of the said bonds at this time, all of the proceeds thereof, together with other moneys of the District, to be applied to the payment of the outstanding notes at their maturity.

(d) The maximum period of usefulness of the water and sewer system to be provided with the proceeds of the bonds authorized hereby is estimated as a period of forty (40) years from September 24, 2007, the anticipated date of said bonds, and such period expires on September 24, 2047.

Section 2. Pursuant to said order, there shall be issued $2,548,000 bonds of the District, designated “General Obligation Water and Sewer Bonds, Series 2007,” dated as of the date of delivery thereof, and maturing in annual installments on the first day of June in the following years and in the following amounts:

Meeting of September 4, 2007 Continued 8734

Year of Maturity

Principal Amount

Year of Maturity

Principal Amount

2010 $29,000 2029 $ 63,000 2011 29,000 2030 65,000 2012 31,000 2031 68,000 2013 32,000 2032 71,000 2014 34,000 2033 74,000 2015 35,000 2034 77,000 2016 37,000 2035 80,000 2017 38,000 2036 84,000 2018 40,000 2037 87,000 2019 41,000 3038 91,000 2020 43,000 2039 95,000 2021 45,000 2040 99,000 2022 47,000 2041 103,000 2023 49,000 2042 108,000 2024 51,000 2043 112,000 2025 53,000 2044 116,000 2026 55,000 2045 116,000 2027 58,000 2046 116,000 2028 60,000 2047 116,000 and bearing interest on the unpaid part of such principal at a rate of four and twenty-five hundredths percent (4.25%) per annum until payment thereof, such interest to be payable on June 1, 2008, and annually thereafter on the first day of June of each year until paid.

The bonds shall be sold to the United States of America, acting by and through Rural Utilities Service, an agency of the United States Department of Agriculture (formerly Farmers Home Administration) (“USDA”) by private sale in accordance with Sections 8 and 9 hereof. The bonds shall not be defeased without written consent of USDA during such time as USDA shall remain the registered owner of the bonds.

The bonds shall be issued initially in the form of one (1) fully registered bond and shall bear interest from the interest payment date next preceding the date on which it is authenticated unless it is (a) authenticated upon an interest payment date in which event it shall bear interest from such interest payment date or (b) authenticated prior to the first interest payment date in which event it shall bear interest from its date; provided, however, that if at the time of authentication interest is in default, the bond shall bear interest from the date to which interest has been paid.

The principal of and the interest and any redemption premium on the bond shall be payable in any coin or currency of the United States of America which is legal tender for the payment of public and private debts on the respective dates of payment thereof.

Payment of interest on the bond shall be made by the Bond Registrar (hereinafter defined) on each interest payment date to the person appearing on the registration books of the District hereinafter provided for as the registered owner of such bond (or the previous bond or bonds evidencing the same debt as that evidenced by such bond) at the close of business on the record date for such interest, which shall be the 15th day (whether or not a business day) of the

Meeting of September 4, 2007 Continued 8735

calendar month next preceding such interest payment date. As long as the USDA is the registered owner of the bond, payment of the installments of principal and interest when due and payable on the bond shall be made at the office of such fiscal agent as USDA shall designate without presentation or surrender thereof and, during any such time as an assignee thereof is the registered owner of the bond, payment of the installments of principal when due and payable on the bond shall be made at the corporate trust office of First-Citizens Bank & Trust Company in Raleigh, North Carolina, upon the presentation and surrender thereof, and payment of the interest when due and payable on the bond shall be made by check mailed to such assignee at his address as it appears on the bond registration books of the District hereinafter mentioned without the presentation or surrender thereof.

Section 3. As long as the USDA is the registered owner of the bond, the bond may be redeemed, at the option of the District, at any time prior to the maturity of any installment of the principal thereof, either in whole or in part, in the inverse order of the maturity dates of the installments of principal, from any moneys that may be made available for such purpose, at the aggregate principal amount of the installments of principal to be redeemed, together with the interest accrued thereon to the date fixed for redemption, but without any premium. If an assignee of the USDA is the registered owner of the bond, installments of the principal of the bond maturing prior to June 1, 2018 will not be subject to redemption prior to maturity, and installments of principal maturing on June 1, 2018 and thereafter will be subject to redemption prior to maturity, at the option of the District, at any time on or after June 1, 2017, either in whole or in part, in the inverse order of the maturity dates of the installments of principal, from any moneys that may be made available for such purpose, at the aggregate principal amount of the installments of principal to be redeemed, together with the interest accrued thereon to the date fixed for redemption, but without any premium.

In case of a redemption of all or any part of the bond, a notice of redemption shall be sent by registered mail, mailed at least forty (40) days prior to the date fixed for redemption, addressed (a) during the time that USDA is the owner of the bond, to the Finance Office, Rural Development, United States Department of Agriculture, 1530 Market Street, St. Louis, Missouri, 63103, or to such other address as USDA may designate by registered or certified mail forwarded to the District at least fifty (50) days prior to any redemption date, and (b) during any time an assignee of USDA is the owner of the bond, to the address as it appears on the registration book of the District hereinafter mentioned.

On the date fixed for redemption, notice having been given in the manner and under the conditions hereinabove provided, the bond or part thereof called for redemption shall be due and payable at the

Meeting of September 4, 2007 Continued 8736

redemption price provided therefor, plus accrued interest to such date. If moneys sufficient to pay the redemption price of the bond or part thereof to be redeemed plus accrued interest thereon to the date fixed for redemption are held at such place as USDA may designate (or, if the bond shall have been assigned by USDA, at the corporate trust office of First-Citizens Bank & Trust Company pursuant to Section 2 hereof) in trust for such purpose, interest on the bond or part thereof called for redemption shall cease to accrue, such bond or part thereof shall cease to be entitled to any benefits or security under this resolution or to be deemed outstanding, and the registered owner of such bond or part thereof shall have no rights in respect thereof except to receive payment of the redemption price thereof, plus accrued interest to the date of redemption.

In the event that an installment of principal of the bond shall be redeemed, the Bond Registrar shall direct the registered owner thereof to evidence such redemption by appropriate notation on the schedule attached to such bond for such purpose.

Section 4. The bond, upon surrender thereof at the principal office or corporate trust office of the Bond Registrar, together with an assignment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar, may, at the option of the registered owner thereof, be exchanged for bonds having maturities corresponding to the maturities of the installments of principal of such bond then unpaid issuable in fully registered form in the denomination of $1,000 or any integral multiple thereof and bearing interest at the same rate.

The transfer of the bond may be registered by the registered owner thereof only upon an execution of an assignment thereof duly executed by such registered owner or his attorney or legal representative. Notice of such assignment shall be given promptly by the assignor to the Bond Registrar by registered mail, such notice to be in such form as shall be satisfactory to the Bond Registrar, and upon receipt of such notice, such bond shall be registered as to both principal and interest on such registration books in the name of the assignee named in such notice.

The transfer of any bond issued in exchange for the bond as provided above may be registered only upon the registration books of the District upon the surrender thereof to the Bond Registrar together with an assignment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar. Upon any such registration of transfer, the Bond Registrar shall authenticate and deliver in exchange for such bond a new bond or bonds, registered in the name of the transferee, of any denomination or denominations authorized by this resolution, in an aggregate principal amount equal to the unredeemed principal amount of such bond so surrendered, of the same maturity and bearing interest at the same rate.

Meeting of September 4, 2007 Continued 8737

In all cases in which the bond shall be exchanged or the transfer of bonds shall be registered hereunder and a new bond or bonds are to be delivered in exchange therefor, the Bond Registrar shall authenticate and deliver at the earliest practicable time bonds in accordance with the provisions of this resolution. All bonds surrendered in any such exchange or registration of transfer shall forthwith be canceled by the Bond Registrar. The Bond Registrar shall not be required to make any such exchange or registration of transfer of (a) any bond during a period beginning at the opening of business fifteen (15) days before the day of the mailing of a notice of redemption of bonds or any portion thereof and ending at the close of business on the day of such mailing or (b) any bond called for redemption in whole or in part pursuant to Section 3 of this resolution.

As to any bond, the person in whose name the same shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal or redemption price of any such bond and the interest on any such bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such bond, including the redemption premium, if any, and interest thereon, to the extent of the sum or sums so paid.

The District shall appoint such registrars, transfer agents, depositaries or other agents as may be necessary for the registration, registration of transfer and exchange of bonds within a reasonable time according to then current commercial standards and for the timely payment of installments of principal and interest with respect to the bond. The Finance Officer of the District is hereby appointed the registrar, transfer agent and paying agent (the “Bond Registrar”) for the bond, subject to the right of the governing body of the District to appoint another Bond Registrar, and as such shall keep at her office the books of the District for the registration, registration of transfer, exchange and payment of the bond as provided in this resolution; provided, however, that, in the event that the bond registered in the name of USDA is assigned, the paying agent with respect to such bond shall be First-Citizens Bank & Trust Company in the City of Raleigh, North Carolina.

Section 5. The bond shall bear the manual or facsimile signatures of the Chairman and the Secretary of the Board for the District, and the official seal or a facsimile of the official seal of the District shall be impressed or imprinted, as the case may be, on the bond.

The certificate of the Local Government Commission of North Carolina to be endorsed on the bond shall bear the manual or facsimile signature of the Secretary of said Commission, and the certificate of authentication of the Bond Registrar to be endorsed on the bond shall be executed as provided hereinafter.

Meeting of September 4, 2007 Continued 8738

In case any officer of the District or the Local Government Commission of North Carolina whose manual or facsimile signature shall appear on the bond shall cease to be such officer before the delivery of such bond, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery, and the bond may bear the manual or facsimile signatures of such persons as at the actual time of the execution of such bond shall be the proper officers to sign such bond although at the date of such bond such persons may not have been such officers.

No bond shall be valid or become obligatory for any purpose or be entitled to any benefit or security under this resolution until it shall have been authenticated by the execution by the Bond Registrar of the certificate of authentication endorsed thereon.

The bond and the endorsements thereon shall be in substantially the following form:

No. R-1 $2,548,000 REGISTERED BOND WITHOUT COUPONS (Registered as to both principal and interest) United States of America State of North Carolina County of Surry FLAT ROCK/BANNERTOWN WATER AND SEWER DISTRICT OF SURRY COUNTY, NORTH CAROLINA GENERAL OBLIGATION WATER AND SEWER BOND, SERIES 2007

The Flat Rock/Bannertown Water and Sewer District of Surry County, North Carolina, a body politic and corporate duly organized and validly existing under Article 6, Chapter 162A of the North Carolina General Statutes, as amended, is justly indebted and for value received hereby promises to pay to the

UNITED STATES OF AMERICA, ACTING BY AND THROUGH RURAL UTILITIES SERVICE, AN AGENCY OF THE UNITED STATES DEPARTMENT OF AGRICULTURE ,or registered assigns or legal representatives, the principal sum of TWO MILLION FIVE HUNDRED FORTY-EIGHT THOUSAND DOLLARS in annual installments due and payable on the 1st day of June in the following years and amounts: Year of Maturity

Principal Amount

Year of Maturity

Principal Amount

2010 $29,000 2029 $ 63,000 2011 29,000 2030 65,000 2012 31,000 2031 68,000 2013 32,000 2032 71,000 2014 34,000 2033 74,000 2015 35,000 2034 77,000 2016 37,000 2035 80,000

Meeting of September 4, 2007 Continued 8739

Year of Maturity

Principal Amount

Year of Maturity

Principal Amount

2017 38,000 2036 84,000 2018 40,000 2037 87,000 2019 41,000 3038 91,000 2020 43,000 2039 95,000 2021 45,000 2040 99,000 2022 47,000 2041 103,000 2023 49,000 2042 108,000 2024 51,000 2043 112,000 2025 53,000 2044 116,000 2026 55,000 2045 116,000 2027 58,000 2046 116,000 2028 60,000 2047 116,000 and to pay interest from the date hereof on the unpaid portion of such principal sum at the rate of four and twenty-five hundredths percent (4.25%) per annum until payment thereof, such interest to be payable on June 1, 2008, and annually thereafter on the first day of June of each year until paid. The interest so payable on any such interest payment date will be paid to the person in whose name this bond is registered at the close of business on the record date for such interest, which shall be the 15th day (whether or not a business day) of the calendar month next preceding such interest payment date. Both the principal of and the interest on this bond are payable in any coin or currency of the United States of America which, at the respective date of payment thereof, is legal tender for the payment of public and private debts.

During the time that the United States of America is the registered owner of this bond, payment of the installments of principal and interest when due and payable on this bond shall be made at the office of such fiscal agent as the United States of America shall designate without presentation or surrender hereof and, during any such time as an assignee hereof is the registered owner of this bond, payment of the installments of principal when due and payable on this bond shall be made at the corporate trust office of First-Citizens Bank & Trust Company in Raleigh, North Carolina, upon the presentation and surrender hereof, and payment of the interest when due and payable on this bond shall be made by check mailed to such assignee at his address as it appears on the bond registration books of said District hereinafter mentioned without the presentation or surrender hereof. Upon receipt of said payments of principal and interest, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar hereinafter mentioned, and said District shall be fully discharged of its obligation on this bond to the extent of the payment so made. Upon final payment this bond shall be surrendered to the Bond Registrar for cancellation.

For the prompt payment hereof, both principal and interest as the same shall become due, the faith and credit of said District are hereby irrevocably pledged.

This bond is duly authorized and issued under and pursuant to The Local Government Finance Act, Chapter 159, as amended, of the General Statutes of North

Meeting of September 4, 2007 Continued 8740

Carolina, an order adopted by the Board of Commissioners for the County of Surry, North Carolina, in its capacity as the governing body of said District, which order was approved by the vote of a majority of the qualified voters of said District who voted at a referendum duly called and held, and a resolution duly passed by said Board of Commissioners (the “Resolution”), for the purpose of providing funds, with any other available funds, for the construction, acquisition and installation of a new water system for said District.

At the office of the Bond Registrar, in the manner and subject to the conditions provided in the Resolution, this bond may be exchanged for an equal aggregate principal amount of bonds having maturities corresponding to the maturities of the installments of principal of this bond then unpaid, issuable in fully registered form in the denomination of $1,000 or any integral multiple thereof and bearing interest at the same rate.

This bond is registered as to both principal and interest in the name of the United States of America on books of said District kept by the Finance Officer of said District, as Bond Registrar, and the transfer hereof may hereafter be registered by the registered owner hereof only upon an execution of an assignment hereon duly executed by such registered owner or his attorney or legal representative. Notice of such assignment shall be given promptly by the assignor to the Bond Registrar by registered mail, such notice to be in such form as shall be satisfactory to the Bond Registrar, and upon receipt of such notice this bond shall be registered as to both principal and interest on such registration books in the name of the assignee named in such notice.

As long as the USDA is the registered owner of the bond, the bond may be redeemed, at the option of the District, at any time prior to the maturity of any installment of the principal thereof, either in whole or in part, in the inverse order of the maturity dates of the installments of principal, from any moneys that may be made available for such purpose, at the aggregate principal amount of the installments of principal to be redeemed, together with the interest accrued thereon to the date fixed for redemption, but without any premium. If an assignee of the USDA is the registered owner of the bond, installments of the principal of the bond maturing prior to June 1, 2018 will not be subject to redemption prior to maturity, and installments of principal maturing on June 1, 2018 and thereafter will be subject to redemption prior to maturity, at the option of the District, at any time on or after June 1, 2017, either in whole or in part, in the inverse order of the maturity dates of the installments of principal, from any moneys that may be made available for such purpose, at the aggregate principal amount of the installments of principal to be redeemed, together with the interest accrued thereon to the date fixed for redemption, but without any premium.

Meeting of September 4, 2007 Continued 8741

On the date designated for redemption, notice having been given and moneys for payment of the redemption price being held in trust for such purpose, all as provided in the Resolution, this bond or part hereof shall become and be due and payable, and the interest on this bond or part hereof so redeemed shall cease to accrue.

The Bond Registrar shall not be required to exchange or register any transfer of (a) any bond during a period beginning at the opening of business fifteen (15) days before the day of the mailing of a notice of redemption of bond or any portion thereof and ending at the close of business on the day of such mailing or (b) any bond called for redemption in whole or in part pursuant to the Resolution.

It is hereby certified and recited that all acts, conditions and things required by the Constitution and laws of North Carolina to happen, exist and be performed precedent to and in the issuance of this bond have happened, exist and have been performed in regular and due form and time as so required; that provision has been made for the levy and collection of a direct annual tax upon all taxable property within said District sufficient to pay the principal of and the interest on this bond as the same shall become due; and that the total indebtedness of said District, including this bond, does not exceed any constitutional or statutory limitation thereon.

IN WITNESS WHEREOF, said District, by resolution duly passed by the Board of Commissioners for the County of Surry, North Carolina, in its capacity as the governing body of said District, has caused this bond to be manually signed by its Chairman and its Secretary and its official seal to be impressed hereon, all as of the 24th day of September, 2007.

Chairman

[SEAL] Secretary

CERTIFICATE OF LOCAL GOVERNMENT COMMISSION

The issuance of the within bond has been approved under the provisions of The Local Government Finance Act of North Carolina.

T. Vance Holoman

Secretary of the Local Government Commission

By: Designated Assistant

Meeting of September 4, 2007 Continued 8742

CERTIFICATE OF AUTHENTICATION

This bond is issued under the provisions of the within-mentioned Resolution.

Finance Officer of the Flat Rock/Bannertown Water and Sewer District of Surry County, North Carolina

By: Authorized Signature

Date of authentication: September 24, 2007

ASSIGNMENT

FOR VALUE RECEIVED the undersigned registered owner thereof hereby sells, assigns and transfers unto

the within bond and all rights thereunder and hereby irrevocably constitutes and appoints attorney to register the transfer of said bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: _______________ In the Presence of: NOTICE: The signature must be guaranteed by an officer of a commercial bank, trust company, or by a member firm of The New York Stock Exchange or other national securities exchange. Notarized or witnessed signatures are not acceptable

NOTICE: The signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration of enlargement or any change whatever.

Section 6. The District covenants that, to the extent permitted by the Constitution and laws of the State of North Carolina, it will comply with the requirements of the Internal Revenue Code of 1986, as amended or as may be amended from time to time (the “Code”), and any Treasury regulations now or hereafter promulgated thereunder, to the extent necessary so that interest on the bond will not be included in gross income of the owners of the bonds for purposes of federal income tax. Section 7. The outstanding notes were designated, or deemed designated, as a “qualified tax-exempt obligation” under Section 265(b)(3) of the Code. In connection therewith, the District hereby finds and determines that:

(a) the bonds are being issued to refund, but not to advance refund, the outstanding notes, and the principal amount of the bonds does not exceed the outstanding amount of the notes being refunded; (b) the average maturity of the original notes designated as a “qualified tax-exempt obligation” and outstanding notes (determined in accordance with

Meeting of September 4, 2007 Continued 8743

Section 147(b)(2)(A) of the Code) is less than 3 years; and (c) the bonds have a maturity date not later than 30 years from the date the original notes designated as a “qualifying tax-exempt obligation” were issued. Consequently, pursuant to Section 265(b)(3)(D)(ii) of the Code, the bonds are deemed designated as a “qualified tax-exempt obligation” under Section 265(b)(3) of the Code.

Section 8. The Local Government Commission of North Carolina is hereby requested to sell the bond at private sale pursuant to G.S.159-123 to USDA, subject to the approval of the Chairman of the Board for the District; provided, however, that the purchase price of the bond is at least $2,548,000 plus 100% of accrued interest, if any, and that the maximum interest rate does not exceed 4.25% per annum.

Section 9. The Chairman of the Board for the District is hereby authorized to approve the purchase price of the bond and the rate of interest on the bond in connection with the private sale of the bond, subject to the provisions of Section 8 of this resolution.

Section 10. The District hereby represents that it reasonably expects that it, all subordinate entities thereof and all issuers issuing obligations on behalf of the District will not issue in the aggregate more than $10,000,000 of tax-exempt obligations (not counting private-activity bonds except for qualified 501(c)(3) bonds as defined in the Code) during calendar year 2007. In addition, the District hereby designates each of the bonds as a “qualified tax-exempt obligation” for the purposes of the Code.

Section 11. This resolution shall take effect upon its passage. Upon motion of District Board Member Harrell, seconded by District Board Member Johnson, the foregoing resolution entitled: “RESOLUTION PROVIDING FOR THE ISSUANCE OF A $2,548,000 FLAT ROCK/BANNERTOWN WATER AND SEWER DISTRICT OF SURRY COUNTY, NORTH CAROLINA GENERAL OBLIGATION WATER AND SEWER BOND, SERIES 2007” was passed by unanimous vote.

Upon motion of District Board Member Harrell, seconded by District Board Member Johnson, the Board voted unanimously to recess as the Flat Rock/Bannertown District Board and to reconvene as the Surry County Board of Commissioners. _______________________________________ Chairman Hunter then declared the meeting to be a public hearing for the purpose of hearing comments on a CDBG Grant application for Flat Rock/Bannertown Water and Sewer.

Jack Gardin, Water and Sewer Projects Coordinator, explained the CDBG Grant application for Flat Rock/Bannertown Water and Sewer.

Chairman Hunter asked for comments from the public. No one spoke on the grant application.

Meeting of September 4, 2007 Continued 8744

Chairman Hunter then declared the public hearing

closed and asked the Board if they wished to take any action.

Upon motion of Commissioner Johnson, seconded by

Commissioner Hamlin, the Board voted unanimously to approve the grant application.

________________________________________ Jack Gardin, Water and Sewer Projects Coordinator,

gave the Board a review of the Flat Rock/Bannertown Water and Sewer Project. Mr. Gardin stated that he would have more information on the need for additional hook-ups at the September 17th Board meeting.

________________________________________ David Swann, Crossroads Behavioral Healthcare Area

Director, gave the Board a six-month update on the Crossroads Behavioral Healthcare activities. Mr. Swann discussed appropriations and persons served. Mr. Swann also discussed the ratified legislation impacting community mental health services. Mr. Swann addressed the finance summary for Crossroads Behavioral Healthcare.

________________________________________ Robin Rhyne, Economic Development Partnership

President, Betty Ann Collins, Greater Mount Airy Chamber of Commerce President, and Dennis Lowe, Surry Community College Small Business Center Director, presented a PowerPoint presentation on entrepreneurship in rural areas. The group discussed why entrepreneurship was important to economic development. The group also discussed the challenges for rural entrepreneurs and the need for community support.

________________________________________ Chairman Hunter informed the audience that it was time

for the special recognition portion of the agenda. The following individuals were recognized:

Caleb Thomas Suggs, James Jonathan McHone, Nicholas

Richard Johnson, Zachary Tyler Smith, and Nathan Alexander Bridges were recognized for their attainment of the Eagle Scout rank in the Boy Scouts of America in the Year 2007. _______________________________________

Chris Knopf, Planning Director, addressed the Board regarding the County Planning Department handling the Town of Dobson’s Zoning Ordinance Administration and Enforcement, issuing Zoning Permits, Subdivision Ordinance Administration and Enforcement and Land Use Planning. Mr. Knopf presented a proposed interlocal agreement between the County and the Town of Dobson.

Upon motion of Commissioner Hamlin, seconded by

Commissioner Johnson, the Board voted unanimously to approve the following agreement:

COUNTY OF SURRY, NORTH CAROLINA TOWN OF DOBSON, NORTH CAROLINA

INTERLOCAL AGREEMENT

Meeting of September 4, 2007 Continued 8745

This agreement made this the 1st day of October, 2007, between THE COUNTY OF SURRY, herein referred to as the “COUNTY”, and THE TOWN OF DOBSON, herein referred to as the “TOWN”.

RECITALS THE COUNTY and the TOWN agree that it is in the interest of the citizens of the Town of Dobson that certain land use related services be administered by the COUNTY Planning and Development Department.

AGREEMENT The COUNTY shall provide the following services to the TOWN:

A. Zoning Ordinance Administration. The COUNTY shall provide zoning administration

for the TOWN. The TOWN shall provide its own adopted Zoning Ordinance and Land Use Plan and will be responsible for all costs incurred in amending its respective ordinance. The TOWN shall pay the COUNTY 50% of all Zoning Permit fees collected, $50.00 for every Zoning Amendment Petition, Conditional Use Permit Application, and Variance Request processed by the Planning and Development Department on behalf of the TOWN.

B. Subdivision Ordinance Administration.

The COUNTY shall provide subdivision

administration for the TOWN. The TOWN shall provide its own adopted Subdivision Ordinance and will be responsible for all costs incurred in amending its respective ordinance. The TOWN shall pay the COUNTY $25.00 for every subdivision plat reviewed.

C. Code Enforcement of Zoning and Subdivision Ordinances.

The COUNTY shall provide code enforcement for the

TOWN as needed. The TOWN shall provide its own adopted Zoning Ordinance and Subdivision Ordinance. The TOWN shall pay the COUNTY $25.00 per hour for all code enforcement activities, not to exceed a total of $5,000.00 for any fiscal year.

D. Land Use Planning.

The COUNTY shall provide Land Use Planning activities as needed. If any land use planning activity exceeds the capacity of the Planning and Development Department, the TOWN shall seek the assistance of an outside agency.

PLANNING BOARD AND ZONING BOARD OF ADJUSTMENT

The TOWN shall provide its own Planning Board and Zoning Board of Adjustment.

HIERARCHY AND JURISDICTION

Meeting of September 4, 2007 Continued 8746

It is understood for the purposes of this agreement, the COUNTY Planning Director shall report only to the Manager of the TOWN on issues related to services provided herein to the TOWN. The Manager shall then in turn report to the governing body of the TOWN. Furthermore, the COUNTY’S governing body shall not interfere with TOWN Planning and Development related activities. In addition, the TOWN’S governing body shall not interfere with COUNTY Planning and Development related activities. The only exception to this would be the mutually agreed joint collaboration of the COUNTY governing body and the TOWN governing body in a land use related project that is mutually beneficial to both local governments.

TERM The term of the Agreement shall be to and including the 30th day of June, 2009. Either party may terminate all or some portion of this Agreement by giving the other party 90 days notice prior to the end of the then fiscal year. The COUNTY and the TOWN agree that their fiscal planning and budgetary processes require notices as early as possible to agree to cooperate and act in good faith.

AMENDMENT OR MODIFICATION

This Agreement may be modified or amended at any time upon the mutual consent of the parties expressed in writing and signed by the parties. It is understood between the COUNTY and the TOWN that should the scope of these services materially change, the price of these services will be renegotiated. IN WITNESS WHEREOF, the COUNTY and the TOWN have each caused this instrument to be signed in the corporate name by its duly authorized officers and its seal hereunto affixed by authority of its Board of Commissioners, the day and year first above written.

_______________________________________ The Board took a fifteen-minute recess. _______________________________________ The Board resumed regular business. _______________________________________ The County Manager reminded the Board of the Quarterly Meeting of Local Elected Officials to take place on Thursday, September 13th at 6:00 p.m. The meeting will be held at North Surry High School. _______________________________________ The County Manager addressed the Board regarding 2008 County Legislative Projects. It was the consensus of the Board for the County Manager to draft a letter to legislators regarding new projects and clarification on the $2.00 landfill surcharge. _______________________________________

Meeting of September 4, 2007 Continued 8747

The County Manager discussed changing the date of the Volunteer Banquet to Tuesday, October 16, 2007. There were conflicts with the original date. It was the consensus of the Board to hold the Volunteer Banquet on October 16, 2007. _______________________________________ The County Manager presented information on questions and answer for public information regarding the upcoming November 6th referendum for a one-fourth penny sales tax. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve creating and filling a permanent part-time (75%) Income Maintenance Caseworker II position effective September 1 or as soon thereafter as possible, rather than the originally approved date of January 1, 2008; and defer filling a vacant Social Worker III position until March 1, 2008. _______________________________________ Commissioner Miller discussed extension of East Kapp Street to Ryan Street. Commissioner Miller discussed a cost estimate. Commissioner Miller will bring more cost information to the Board at the September 17th meeting. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to go into closed session to discuss personnel, legal matters and economic development. _______________________________________ The Board came out of closed session and resumed regular business. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to release January through June 2008 funds for the Economic Development Partnership. _______________________________________ There was no further business to come before the Board. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to adjourn at 10:07 p.m. _______________________________________ ___________________ Conchita Atkins Clerk to the Board

8748

Surry County Board of Commissioners Meeting of September 17, 2007

The Surry County Board of Commissioners met in regular session at 6:00 p.m. on September 17, 2007. The meeting was held in the County Commissioners’ Meeting Room, Surry County Government Center, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, Commissioner Jim Harrell, Jr. and Commissioner Jimmy Miller. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Conchita Atkins, Clerk to the Board Edwin Woltz, County Attorney

Betty Taylor, Assistant County Manager for Budget and Finance Sandy Snow, Human Resources Officer

Chris Knopf, Planning Director Adam McComb, Parks and Recreation Director Bryan Cave, Cooperative Extension Director Chief Deputy Jimmy Combs, Sheriff’s Office News Media Other Citizens ________________________________________ Chairman Craig Hunter called the meeting to order. Commissioner Paul Johnson delivered the invocation and led the Pledge of Allegiance. ________________________________________ Chairman Hunter requested the Board to consider the minutes of the September 4, 2007 meeting. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve the minutes. _______________________________________________ Chairman Hunter requested that the Board consider the consent agenda. Upon motion of Commissioner Hamlin, seconded by Commissioner Harrell, the Board voted unanimously to approve the following consent agenda items: Requests by the County Manager:

1. Approve Emergency Services to replace surveillance cameras and other hardware at Communications.

2. Approve the following from the Tax Department: Total releases for the month ending 08/31/2007 in

the amount of $44,986.03. Total refunds for the month ending 08/31/2007 in

the amount of $116,166.59. Total real and personal property discoveries for

the month ending 08/31/2007 in the amount of $25,639.10.

Total motor vehicles discoveries for the month ending 08/31/2007 in the amount of $3,138.40.

Collect June 2007 motor vehicle renewals in the amount of $402,430.94.

3. Approve West Fourth Landscape Architecture for the Mountain Park Community Park PARTF project.

Meeting of September 17, 2007 Continued 8749

4. Approve a Deed of Easement that crosses a portion of Central Middle School campus which is adjacent to the location of the new Hospice house.

Requests from the Assistant County Manager for Budget and Finance:

1. Approve Public Works to purchase a skid steer with

a White Goods grant. 2. Approve Emergency Services to purchase a

replacement bar light for the Emergency Services Director’s vehicle.

3. Approve the Purchasing Agent to surplus two 15-passenger vans.

________________________________________ Chairman Hunter then declared the meeting to be an open forum and invited members of the audience to address the Board on any matters of civic concern. Bryan Cave, Cooperative Extension Director, thanked the Board of Commissioners for their support of the North Carolina Cooperative Extension Office. Commissioner Johnson recognized Chase Needham. Chase Needham stated that he was from Scout Troop 505 and is working on a Communication Badge. Paul Carter, owner of Rockford General Store, addressed the Board regarding the Recreation Incentive Grants. Mr. Carter opposes any incentive to the Rockford Preservation Society to renovate the Grant Burrus Hotel site. Don Miner addressed the Board regarding the status of the Interstates Water and Sewer project. Don Miner addressed the Board regarding the potential purchase of land for a new school on Turkey Ford Road and the price being paid for the property. Freddie Snow addressed the Board on the potential purchase of school property on Turkey Ford Road. Mr. Snow expressed concerns on odors coming from Wayne Farms and traffic control. Mr. Snow also stated that the Board of Education had other properties proposed to them, but they did not entertain an offer. Nannie Lou Kidd addressed the Board regarding the potential purchase of property on Turkey Ford Road for a school site. Ms. Kidd expressed concern for odors that could come from Wayne Farms. There being no additional comments, Chairman Hunter closed the open forum, and the Board resumed regular business. ______________________________________ Chief Deputy Jimmy Combs, Sheriff’s Office, introduced Lieutenant Randy Shelton as the new Jail Administrator.

Meeting of September 17, 2007 Continued 8750

Randy Shelton, Jail Administrator, stated that he had fourteen years of experience and looked forward to doing in-house training for the Sheriff’s Office. _______________________________________ Chairman Hunter then declared the meeting to be a public hearing for the purpose of hearing comments on zoning application ZCR1014. The parcel site is 0.23 and 0.26 acre of tax parcels 5030-08-88-3648 and 5030-08-88-4791. The property owner is Neighbors Food Stores, Inc. The property is currently zoned RG. The petition is to rezone the property to CB. Chris Knopf, Planning Director, presented facts pertaining to the rezoning and stated that the Planning Board recommends approval of the petition. Chairman Hunter asked for comments from the public. No one spoke on the rezoning. Chairman Hunter then declared the public hearing closed and asked the Board if they wished to take any action. Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to approve the rezoning. _______________________________________ Chairman Hunter then declared the meeting to be a public hearing for the purpose of hearing comments on zoning application ZCR1013. The parcel site is 0.15 acre of tax parcel 4954-03-01-7068. The property owner is Andy W. and Patricia A. Wilson. The property is currently zoned RG. The petition is to rezone the property to HB-C. Chris Knopf, Planning Director, presented facts pertaining to the rezoning and stated that the Planning Board recommends denial of the petition due to the fact the property does not meet the criteria set forth in Article 4, Section 3, of the Zoning Ordinance. Chairman Hunter asked for comments from the public. Scottie Gentry, 1137 Klondike Road, spoke in opposition of the rezoning. Ms. Gentry stated that the rezoning was within 58 feet of her front door. Ms. Gentry stated the she would like to see the property remain residential. Dottie Jackson, 307 Collins Road, spoke in opposition of the rezoning. Niki Phillips spoke in opposition of the rezoning. Virginia Roger, 998 Klondike Road, spoke in opposition of the rezoning. Paul Gentry, Klondike Road resident, opposed the rezoning.

Meeting of September 17, 2007 Continued 8751

Lucy Chatham, 872 Klondike Road Extension, spoke in opposition of the rezoning. Rex Walker, Surveyor, opposed the rezoning and stated that the rezoning could hurt the value of surrounding properties. A total of 22 individuals in the audience stood to express opposition to the rezoning. No individuals were in the audience who supported the rezoning. Chairman Hunter then declared the public hearing closed and asked the Board if they wished to take any action. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to deny the rezoning. _______________________________________ Chairman Hunter then declared the meeting to be a public hearing for the purpose of hearing comments on zoning text amendments. Chris Knopf, Planning Director, presented information regarding the zoning text amendments and stated that the amendments had been endorsed by the Planning Board. Chairman Hunter asked for comments from the public. No one spoke on the zoning text amendments. Chairman Hunter then declared the public hearing closed and asked the Board if they wished to take any action. Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted to approve the zoning text amendments. The vote was as follows: Ayes: Chairman Hunter, Vice-Chairman Johnson, Commissioner Hamlin and Commissioner Miller. Nays: Commissioner Harrell The approved amendments are as follows:

TEXT AMENDMENTS

SURRY COUNTY ZONING ORDINANCE

SEPTEMBER 17, 2007 Article 11, “Table of Uses”, Section 1, “Table of Uses” of the Zoning Ordinance shall be amended to add the land use “Private Leisure Community” as a conditional use in the Conservation Protected (CP) zoning district.

Meeting of September 17, 2007 Continued 8752

Article 16, “Conditional Uses”, Section 8, “Supplemental Requirements for Specific Conditional Uses”, of the Zoning Ordinance shall be amended to add the following requirements for the conditional use “Private Leisure Community”:

Private Leisure Community Zoning Districts: CP Site Standards:

1. Minimum property size is 100-acres. 2. Multiple dwelling units and community

buildings are permitted to be located on a single parcel of land that is in common ownership of a governing body that oversees and internally regulates the community’s activities.

3. Maximum development density shall not exceed fifty-percent (50%) of the total gross land area (excluding roads). The Health Department shall address the configuration of on-site wastewater systems.

4. Permitted dwelling types include the following: on-site stick-built, modular, manufactured home, cabin, and recreational vehicle.

5. Minimum ten percent (10%) total gross land area dedication for recreational uses excluding maximum density development.

6. No site or lot shall have direct access to a public road.

7. All development within the community shall be set back fifty (50) feet from all public or private rights-of-way, side and rear property lines.

8. Minimum forty-five (45) foot deeded, platted easement to a state maintained road.

9. Interior road system shall be sufficient for navigation by emergency vehicles; this provision shall be evaluated by the Fire Marshal.

10. A community water supply is subject to approval by NCDENR.

11. A method for disposing of wastewater from recreational vehicles shall be displayed on the site plan and approved by the Health Department.

12. Adequate lighting shall be provided for all common areas.

13. Owner shall provide a refuse disposal plan satisfactory to the Local Ordinance Officer. The approved plan shall be noted on the site plan.

14. Lot spaces shall not be located in a floodplain.

15. Dwellings, structures, and any development activity shall adhere to Article 18, “Buffers and Screening” of this Ordinance.

Lighting: Outdoor lighting shall be designed so as to minimize light from directly hitting adjacent property or any public right-of-way.

Meeting of September 17, 2007 Continued 8753

Screening and Fencing: A vegetative buffer shall be planted along all side and rear property lines, or around the boundary of the community. The buffer shall be included as part of the required setbacks and shall meet the requirements of Article18 (Buffers and Screening) of this Ordinance.

Additional Requirements:

1. A complete application for a Conditional Use Permit shall include copies of existing/proposed articles of incorporation, community bylaws, or other legally recognized organization documentation that clearly describes the community’s proposed organizational structure, rules, and procedures.

Operational Requirements:

1. There shall be no removal of wheels or axles from any recreational vehicle so as to keep the residence mobile.

2. Surry County, at any time, can request the owner of a recreational vehicle to display vehicular mobility of any vehicle on the premises.

3. Private Recreation Communities shall be maintained free of accumulations of debris, which may contribute to rodent harborage or distinct breeding grounds for flies, mosquitoes, insects, or other pests. The growth of brush, weeds, shrubbery, and grass shall be controlled to prevent harborage of ticks, chiggers, and other noxious insects. Open areas shall be maintained free of heavy undergrowth and maintained to promote a pleasing aesthetic appearance.

4. Zoning Permits shall not be issued within any Private Recreation Community without receiving written approval for said activities from the Community’s governing body; in a manner that has been agreed upon by Surry County and the community’s governing body.

5. An updated list of contact information for the community’s appointed or elected leadership shall be submitted to the Zoning Administrator by the community’s governing body whenever changes occur.

Article 19, “Signs”, Section 10, “Billboards”, Subsection A, “Location”, of the Zoning Ordinance shall be amended to add the following statement: However, billboards are prohibited on any portion of these roadways that are designated a North Carolina Scenic Byway by the North Carolina Department of Transportation. _______________________________________ Adam McComb, Parks and Recreation Director, addressed the Board regarding the Recreation Incentive Grant funding. Mr. McComb stated that the Surry County Parks and Recreation Advisory Committee distributes approximately $25,000 to non-profits for recreational projects. The

Meeting of September 17, 2007 Continued 8754

program is a $5,000 maximum matching grant program that has enabled many small communities to establish recreation facilities that would have otherwise been less achievable. Mr. McComb gave a summary of recommendations from the Recreation Advisory Committee. Mr. McComb discussed scores and the following recommendations.

1. Lowgap Community Center (28 points) Project consists of re-lamping baseball field lights, the addition of a picnic shelter and construction of an outdoor basketball court. Lowgap Community Center is requesting $5,000.

2. Rockford Preservation Society (28 points) Further improve the Grant Burrus Hotel historical park site by adding period lighting schemes and landscaping the area. Rockford Preservation Society is requesting $3,500.

3. Shoals Community Recreation Center (28 points) Develop sports fields, tracks, courts, nature trails, construct restrooms, add playground equipment, picnic area and improvements to existing recreation facilities. Shoals Community Recreation Center is requesting $5,000.

4. Mount Airy/North Surry Little League (25 points) Fencing along the left and right fields of the Flat Rock baseball fields. Mount Airy/North Surry Little League is requesting $4,000.

5. Sandy Level Community Center (23 points) Addition of a heating and air system. Sandy Level Community Center is requesting $5,000.

YVEDDI had applied for an incentive grant for upper

level renovation for the Senior Center Area at the Lowgap Ruritan Club. The Recreation Advisory Committee did not score YVEDDI due to them not having a lease agreement in place with the proposed location. A motion was made by Commissioner Johnson and seconded by Commissioner Harrell to fund the Lowgap Community Center, Mount Airy/North Surry Little League and the Sandy Level Community Center. The Board discussed the Rockford Preservation Society request. A motion was made by Commissioner Harrell and seconded by Commissioner Hamlin to amend the original motion to also fund the Rockford Preservation Society request with the Preservation Society consulting with the Board of County Commissioners before beginning work. The Board voted on the amended motion. The vote was as follows: Ayes: Commissioner Harrell, Commissioner Hamlin Nays: Chairman Hunter, Vice-Chairman Johnson, Commissioner Miller The amended motion failed for lack of a majority vote.

Meeting of September 17, 2007 Continued 8755

The Board voted on the original motion. The vote was as follows: Ayes: Chairman Hunter, Vice-Chairman Johnson, Commissioner Hamlin, Commissioner Harrell, Commissioner Miller Nays: none The original motion passed by a unanimous vote. _______________________________________

Dr. Ashley Hinson, Jr., Surry County Schools Superintendent, presented a draft contract to purchase 42.39 acres of land on the corner of Highway 601 and Turkey Ford Road for a school site in the Dobson area. The property is located on the southeast corner of Highway 601 and Turkey Ford Road. Dr. Hinson stated that the contract includes a 180 day period for the Board of Education to determine the feasibility of the site for the intended purpose, with a 90-day extension option. Dr. Hinson requested authorization of $5,000 option payment, and pending successful completion of the feasibility study, to subsequently purchase the property. The school facility would help ease overcrowding at Dobson and Copeland Elementary Schools. The Board discussed the site and water and sewer availability. It was the consensus of the Board to discuss other potential offers made by the Board of Education to various property owners in closed session. _______________________________________

Chairman Hunter informed the audience that it was time for the special recognition portion of the agenda. The following individual was recognized:

Joanna Radford for her commitment, dedication, and

leadership in developing and promoting on-farm research in field crop production in partnership with NCSU Departments of Crop Science and Plant Pathology. Her research efforts are instrumental in achieving net farm income for field crops in excess of $19 million and led to Surry County hosting the 2007 North Carolina Tobacco Tour. _______________________________________ The County Manager asked Joanna Radford to discuss the household waste collection. Joanna Radford presented flyers on Household Hazardous Waste and Pesticide Collection to take place on October 27, 2007 from 9:00 a.m. until 2:00 p.m. at Veterans Memorial Park in Mount Airy. _______________________________________ The County Manager presented the 2008 County Commissioners’ calendar. Upon motion of Commissioner Miller, seconded by Commissioner Johnson, the Board voted unanimously to

Meeting of September 17, 2007 Continued 8756

approve the 2008 calendar, moving the January 22, 2008 meeting to January 28, 2008. _______________________________________ The County Manager presented a request from the Management Information Systems Department for advanced technology and software for Public Works. Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to approve the request. _______________________________________ The County Manager presented a resolution adopting the 2008 Legislative Program. The Board discussed adding the $2.00 per ton landfill tipping fee to the resolution. It was the consensus of the Board for the County Manager to add the landfill tonnage to the resolution and bring back to the next Board meeting. _______________________________________ The County Manager presented quotes for design enhancements at the Permitting and Health Clinic Center. _______________________________________ The County Manager discussed the proposed sales tax referendum. Mr. Sammons stated that sixteen counties are set for a sales tax referendum. _______________________________________ Upon motion of Commissioner Miller, seconded by Commissioner Johnson, the Board voted unanimously to go into closed session to discuss personnel and property matters. _______________________________________ The Board came out of closed session and resumed regular business. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to reclassify position #431056 in the Sheriff’s Office from a Lieutenant to Sergeant, effective August 1, 2007. _______________________________________ The Board continued discussion of the proposed school site at the corner of Highway 601 and Turkey Ford Road. Upon motion of Commissioner Miller, seconded by Chairman Hunter, the Board voted unanimously to approve allocation of $5,000 earnest money option payment pending successful completion of a feasibility study. The Board of Education is to bring site plans and budget cost back to the Board of Commissioners before the purchase of property. _______________________________________ There was no further business to come before the Board. _______________________________________

Meeting of September 17, 2007 Continued 8757

Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to adjourn at 9:10 p.m. _______________________________________ _____________________ Conchita Atkins Clerk to the Board

8758

Surry County Board of Commissioners Meeting of October 1, 2007

The Surry County Board of Commissioners met in regular session at 6:00 p.m. on October 1, 2007. The meeting was held in the County Commissioners’ Meeting Room, Surry County Government Center, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, and Commissioner Jimmy Miller. Commissioner Jim Harrell, Jr. was unable to attend. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Conchita Atkins, Clerk to the Board Edwin Woltz, County Attorney

Betty Taylor, Assistant County Manager for Budget and Finance

Sandy Snow, Human Resources Officer Cathy Booker, Tax Administrator Wayne Black, Social Services Director News Media Other Citizens ________________________________________ Chairman Craig Hunter called the meeting to order. Commissioner Jimmy Miller delivered the invocation and led the Pledge of Allegiance. ________________________________________ Chairman Hunter requested the Board to consider the minutes of the September 17, 2007 meeting. Upon motion of Commissioner Johnson, seconded by Commissioner Hamlin, the Board voted unanimously to approve the minutes. _______________________________________________ Chairman Hunter requested that the Board consider the consent agenda. Upon motion of Commissioner Miller, seconded by Commissioner Johnson, the Board voted unanimously to approve the following consent agenda items: Requests by the County Manager:

1. Approve the Pilot Knob Volunteer Fire Department lease agreement for the Emergency Services outpost.

2. Approve a refund from Emergency Services to CIGNA Government Service in the amount of $1,672.16 due to overpayment.

3. Approve the Health and Nutrition Center to purchase software and a maintenance package from CDP Enterprise.

4. Approve the following resolution for abandonment of a portion of Turner Mountain Road (2215 Turner Mountain Road) from state maintained secondary road system:

NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION AND HIGHWAY SAFETY REQUEST FOR ABANDONMENT FROM STATE

MAINTAINED SECONDARY ROAD SYSTEM

Meeting of October 1, 2007 Continued 8759

NORTH CAROLINA COUNTY OF SURRY Road description: Portion of Turner Mountain Road (2215 Turner Mountain Road) WHEREAS, the attached petition has been filed with the Board of County Commissioners of the County of Surry requesting that the above described road, be removed from the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road should be removed from the Secondary Road System, if the removal meets criteria established by the Division of Highways of the Department of Transportation and Highway Safety Division. NOW, THEREFORE, be it resolved by the Board of County Commissioners of the County of Surry that the Division of Highways is hereby requested to review the above-described road, and to abandon the road if it meets established standards and criteria.

5. Approve payment to the Tax Department for

property taxes in the amount of $543.27 for property located at 1288 McKinney Road.

Requests from the Assistant County Manager for Budget and Finance:

1. Approve the following updated list of Deputy

Finance Officers for the Jail inmate account. The approved list will supercede any previous approvals: Lieutenant Randall Shelton Sergeant Sheila Farrar Sergeant Aaron Royal Sergeant Michael Fahy Sergeant Tony Holyfield

2. Approve Social Services to image Social Services case files.

________________________________________ Chairman Hunter then declared the meeting to be an open forum and invited members of the audience to address the Board on any matters of civic concern. Felicia O’Rourke addressed the Board regarding her dismissal from her position at Animal Control on September 28, 2007. Ms. O’Rourke stated that she came to the County in 2001 with five years of experience and was working with the Surry County Adoption Program. Ms. O’Rourke also stated that she would like some type of reconsideration regarding her job. The County Attorney discussed the appeal process. Jim Hazel, Surry County Humane Society President, stated the he supported Ms. O’Rourke. Mr. Hazel stated that Ms. O’Rourke was a competent and caring person. Mr.

Meeting of October 1, 2007 Continued 8760

Hazel stated that he felt Ms. O’Rourke did her job as she was supposed to do it. The Chairman asked the County Attorney if the Board needed to discuss any issues in closed session and not cross any lines on personnel issues. The County Attorney stated that everything said so far was okay. Hugh Edmonds, 110 Stratford Place, Dobson, addressed the Board regarding the potential purchase of school land on Turkey Ford Road. Mr. Edmonds stated that he had 20.7 acres of land, located between Forest Oaks and Windsor Park, Dobson, he would sell the school for $517,500. The land is within 10 feet of the Town of Dobson’s water. Mr. Edmonds also stated that he felt the property of Joyce Smith and Marty Draughn was the best site. Mr. Edmonds also said he would like to see a state-of-the-art high school in Surry County. There being no additional comments, Chairman Hunter closed the open forum, and the Board resumed regular business. ______________________________________ Chairman Hunter then declared the meeting to be a public hearing for the purpose of hearing comments on the 2008 schedules of values and use-value for the upcoming revaluation. Cathy Booker, Tax Administrator and Roger Bedsaul, Revaluation Project Manager, addressed the Board regarding the schedules of values. Chairman Hunter asked for comments from the public. No one spoke on the Schedules of Values. Chairman Hunter closed the public hearing. _______________________________________ Cathy Booker, Tax Administrator, requested to apply for financial assistance for ortho imagery as part of the Geographic Information Coordinating Council NC OneMap Initiative. The application does not obligate Surry County to contract for a new orthophotography flight. The application gives Surry County the ability to qualify for funds for a new orthophotography flight. Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to allow the Tax Administrator to proceed with the application for financial assistance for ortho imagery as part of the Geographic Information Coordinating Coucil NC OneMap Initiative. _______________________________________ Cathy Booker, Tax Administrator, presented a corrected total refunds for the month ending 07/31/2007. The corrected amount is $13,826.91.

Meeting of October 1, 2007 Continued 8761

Upon motion of Commissioner Miller, seconded by Commissioner Hamlin, the Board voted unanimously to approve the correction. _______________________________________ Wayne Black, Social Services Director, addressed the Board regarding the NACo Prescription Discount Drug Program. Mr. Black stated that there are currently over 830 counties (47 in North Carolina) participating in the program. Mr. Black requested that Surry County participate in the NACo Prescription Discount Drug Program. Clara Fountain stated that she meets a lot of people who do not have money to pay for medication and have no insurance. These individuals could use the NACo Prescription Drug Card. Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to allow the Social Services Director to proceed with entering into the agreement and obtaining the NACo Prescription Drug Card. _______________________________________ The County Manager addressed the Board regarding the 2008 Legislative Program. Mr. Sammons presented a resolution for the Board’s consideration. Upon motion of Commissioner Hamlin, seconded by Commissioner Johnson, the Board voted unanimously to approve the following resolution: Resolution Adopting the 2008 Legislative Program for Surry

County

WHEREAS, the Surry County Board of Commissioners has determined the following items should be submitted to the 2008 General Assembly as Surry County’s Legislative Program;

NOW, THEREFORE, BE IT RESOLVED that the Surry County Board of Commissioners does hereby adopt its 2008 Legislative Program as follows:

1. Transportation Funding. The Board has specific concerns about State funding of needed road projects including completion of I-74 across North Carolina as well as our local and regional road and bridge projects, many of which have been deferred or delayed due to current funding limitations.

2. Economic Development and Infrastructure. North

Carolina localities, including Surry County, continue to be very challenged to compete with localities in other states for new jobs and economic development investments. Frequently, other States and their localities can offer benefits and specific site improvements we cannot match. The General Assembly is asked to review our State assistance for both on-site improvements and necessary services (e.g., roads, water, sewer, etc.) to enable us to compete successfully for jobs and investments.

Meeting of October 1, 2007 Continued 8762

3. State and Local Fiscal Modernization. The General Assembly is asked to proceed with the process identifying the specific steps needed to modernize the state and local tax base in a manner so as to allow each level of government to meet its priority needs, and to lessen the dependence of localities on the property tax, by providing additional flexibility on how the revenue required may be levied.

4. Property Tax Base. Surry County is heavily dependent

on the property tax base, which accounts for almost 40% of the revenue stream required to operate all County services including schools. The Surry County Board of Commissioners calls on the General Assembly to help preserve and protect the local tax base and to help defeat any initiatives, such as SB 1309 or HB 1889, which would diminish the tax base and weaken the ability of counties to finance necessary and badly needed services. The only exception would be State and local fiscal modernization whereby alternatives means of meeting local requirements are provided.

5. Solid Waste Act of 2007. The Board opposes the

imposition of the $2 per ton tipping fee tax slated to go into effect on July 1, 2008, and requests the repeal of this new cost to consumers and localities. ________________________________________ The County Manager updated the Board on the

Permitting and Health Clinics Center. Mr. Sammons stated that 100% of the work is completed with footings, block foundation and anchor bolts. Mr. Sammons also stated that a decision on the entranceway will need to be made by November 5, 2007. Mr. Sammons stated that the dental equipment is currently being priced. _______________________________________ The County Manager presented a request from the Emergency Services Director to apply for a 2008 Emergency Services Tool Kit Grant. The grant is to address improving overall Emergency Services response times. The grant will allow systems to improve quality control methods, correcting functioning software issues, vehicle performance and maintenance practices that will reduce vehicle down time and public education on accessing the system. Upon motion of Commissioner Johnson, seconded by Commissioner Hamlin, the Board voted unanimously to approve Emergency Services to apply for the 2008 Emergency Services Tool Kit Grant. _______________________________________ It was the consensus of the Board for Commissioner Johnson and Commissioner Hamlin to be the Public Safety Committee appointees. _______________________________________ The Board took a fifteen-minute recess. _______________________________________ The County Manager presented an open letter to the citizens of Surry County regarding the ¼ cent sales tax

Meeting of October 1, 2007 Continued 8763

referendum and a resolution concerning the November 6, 2007 ¼ cent sales tax referendum. Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to approve the letter and the following resolution:

RESOLUTION CONCERNING THE NOVEMBER 6, 2007 ¼ CENT SALES TAX REFERENDUM

WHEREAS, the Surry County Board of Commissioners has for many years held the position that County governments need alternative revenue sources to pay for school buildings and to pay for other capital costs such as economic development, water and sewer, community college buildings and other county capital projects; and WHEREAS, the Board, in its 2005, 2006 and 2007 legislative programs, has asked the General Assembly to provide authority for a local option sales tax and the General Assembly has seen fit to do so; and WHEREAS, the County Board acted on September 4, 2007 to set a referendum on a ¼ cent sales tax (1 penny for every $4.00 of taxable sales) for the election on November 6, 2007; and WHEREAS, the Board is faced with the need to finance construction and renovation of public schools and to pay for other projects involving the economic development, water and sewer, the community college and other County capital projects; and WHEREAS, the Board wishes to avoid placing an additional burden on our property taxpayers and to diversify the tax base; and WHEREAS, the Board views the sales tax as a fairer means of paying for public facilities since everyone pays sales tax, and furthermore, because Surry County is a trade center and a tourism center, a significant share of the sales tax dollars will be paid by persons who are not Surry County residents. NOW, THEREFORE, BE IT RESOLVED that the County Board does encourage the voters to utilize the November 6, 2007 referendum as an opportunity to broaden and diversify the County’s tax base. _______________________________________

Chairman Hunter informed the audience that it was time for the special recognition portion of the agenda. The following individual was recognized:

Katie A. Boles, Surry County Health and Nutrition

Center, for meeting the qualifications of a Registered Dietitian. _______________________________________ Upon motion of Commissioner Hamlin, seconded by Commissioner Johnson, the Board voted unanimously to go into closed session to discuss personnel and economic development.

Meeting of October 1, 2007 Continued 8764

_______________________________________ The Board resumed regular business. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to amend the Personnel Ordinance adopted on November 3, 2003 by making the following addition to Appendix A, Position Classification Plan, effective October 1, 2007: Add Program Assistant V to Grade 61 and approve the following personnel requests:

Reallocate a Chore Supervisor II, grade 60 (position number 515448) to a Program Assistant V.

Reallocate a Chore Provider position, grade 51 (position number 515538) to a Chore Supervisor II. ________________________________________ Upon motion of Commissioner Hamlin, seconded by

Commissioner Johnson, the Board voted unanimously to appoint Kay Hamlin to the Workforce Development Board subject to State statute.

________________________________________ Upon motion of Commissioner Miller, seconded by

Commissioner Hamlin, the Board voted unanimously to reappoint Monty Venable, Philip Snow, and Doug Cook to the Northern Hospital Board of Trustees.

________________________________________ Upon motion of Commissioner Miller, seconded by

Commissioner Hamlin, the Board voted unanimously to reappoint Blanch Waddell to the Nursing Adult Care Homes Community Advisory Committee.

________________________________________

There was no further business to come before the Board. _______________________________________ Upon motion of Commissioner Hamlin, seconded by Commissioner Miller, the Board voted unanimously to adjourn at 9:32 p.m. _______________________________________ _____________________ Conchita Atkins Clerk to the Board

8765

Surry County Board of Commissioners Meeting of October 15, 2007

The Surry County Board of Commissioners met in regular session at 6:00 p.m. on October 15, 2007. The meeting was held in the County Commissioners’ Meeting Room, Surry County Government Center, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, Commissioner Jim Harrell, Jr. and Commissioner Jimmy Miller. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Conchita Atkins, Clerk to the Board Edwin Woltz, County Attorney

Betty Taylor, Assistant County Manager for Budget and Finance

Sandy Snow, Human Resources Officer Chris Knopf, Planning Director Cathy Booker, Tax Administrator John Shelton, Emergency Services Director Bryan Cave, Cooperative Extension Director News Media Other Citizens ________________________________________ Chairman Craig Hunter called the meeting to order. Chairman Craig Hunter delivered the invocation and led the Pledge of Allegiance. ________________________________________ Chairman Hunter requested the Board to consider the minutes of the October 1, 2007 meeting. Upon motion of Commissioner Miller, seconded by Commissioner Johnson, the Board voted unanimously to approve the minutes. _______________________________________________ Chairman Hunter requested that the Board consider the consent agenda. Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to approve the following consent agenda items: Requests by the County Manager:

1. Approve the lease agreement between Elkin Emergency Rescue Squad and Surry County for an emergency medical service outpost.

2. Approve the following from the Tax Department: Total releases for the month ending 09/30/2007 in

the amount of $8,690.03. Total refunds for the month ending 09/30/2007 in

the amount of $16,516.38. Total real and personal property discoveries for

the month ending 09/30/2007 in the amount of $1,100,243.56.

Total motor vehicles discoveries for the month ending 09/30/2007 in the amount of $2,375.50.

Collect July 2007 motor vehicle renewals in the amount of $432,579.95.

Meeting of October 15, 2007 Continued 8766

Requests from the Assistant County Manager for Budget and Finance:

1. Approve Raymond L. Robertson, David Mounce, Billy

Griffith, Mike Marion, Angie Casstevens, and Buck Golding to serve as the Fireman’s Relief Fund Trustees.

2. Approve Public Works to purchase an air compressor and a plasma cutter.

3. Approve Communications to use E911 funds to purchase a laptop.

4. Approve Buildings and Grounds to purchase a used cargo van.

5. Approve budget amendment no. 2 as follows: The Board of County Commissioners approved an amendment to the FY 2007-2008 Budget Ordinance at their meeting on October 15, 2007. ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT GENERAL FUND EXPENDITURES Buildings & Grounds-County 1054190 51010 Salaries & Wages 156,790 34,868 191,658 Increase departmental

total. 352,047 34,868 386,915

Recreation 1056120 51010 Salaries & Wages 132,519 (34,000) 98,519 1056120 51020 Longevity Pay 448 (448) 0 1056120 51040 Salary Reserve 4,630 (420) 4,210 Decrease departmental

total. 384,107 (34,868) 349,239

Mountain Park Community Park(New) 1056132 51500 Professional Services(New) 0 21,491 21,491 1056132 51640 Project Construction(New) 0 418,580 418,580 1056132 59500 Contingency(New) 0 20,929 20,929 Increase departmental

total. 0 461,000 461,000

REVENUE 1046132 43310 State Grant(New) 0 120,000 120,000 1046132 43390 PARTF Grant(New) 0 230,500 230,500 1046132 44595 Donations(New) 0 110,500 110,500 Increase fund totals. 74,342,309 461,000 74,803,309 SCHOOLS' CAPITAL OUTLAY FUND EXPENDITURES 3655912 57020 Co. Sch.-Land & Prop. 0 8,531 8,531 REVENUE 3645912 49838 Trans. From CR-Co. Land &

Prop. 0 8,531 8,531

Increase fund totals. 3,648,168 8,531 3,656,699 SCHOOLS' CAPITAL RESERVE FUND EXPENDITURES 3755918 59166 Trans. To Co.-Co. Land &

Prop. 0 8,531 8,531

3755918 59500 Contingency 10,000 90,000 100,000 REVENUE 3745918 49900 Unencumbered Balance 216,530 98,531 315,061 Increase fund totals. 3,386,530 98,531 3,485,061

Meeting of October 15, 2007 Continued 8767

Requests from the Human Resources Officer: 1. Approve the following retiree resolution of

respect: RESOLUTION

WHEREAS, Mary Susan Gregory was employed by the County of Surry from January 1, 1980 until her retirement on January 31, 2006 and whereas, Mrs. Gregory continued to assist with the Nutrition Program through July 2007 as an employee of the Surry County Health and Nutrition Center; and WHEREAS, during her term of service, Mrs. Gregory served as Nutritionist II, Nutritionist III, and Nutrition Program Director I, a position she held from October, 2004 until her retirement; and WHEREAS, Mrs. Gregory is well respected by her colleagues and has been recognized as Nutritionist of the Year in 1995 and received the Rankin Award in 1998; and WHEREAS, Mrs. Gregory has faithfully served in Public Health as a caring and dedicated employee for over thirty years; NOW THEREFORE, BE IT RESOLVED that the Surry County Board of Commissioners wishes to publicly commend Mary Susan Gregory for her faithful service to the citizens of Surry County and wishes to express its appreciation for her many years of dedicated employment; and BE IT FURTHER RESOLVED that the Board extends to Mary Susan Gregory its best wishes for many years of happiness during her retirement.

2. Approve Social Services to create and fill a Human

Resources Placement position for the life of the Work First Demonstration Grant, contingent upon final approval from State Personnel.

3. Approve an additional 55 hours of donated leave for a Human Resources employee.

Request from the Planning Director: 1. Approve the Homer H. and Virginia F. White final

two lot subdivision. ________________________________________

Chairman Hunter then declared the meeting to be an open forum and invited members of the audience to address the Board on any matters of civic concern. Tanya Fletcher, Media Coordinator Franklin Elementary School, thanked the Board for funding to update the Franklin Elementary School Media Center. There being no additional comments, Chairman Hunter closed the open forum, and the Board resumed regular business. ______________________________________

Meeting of October 15, 2007 Continued 8768

Chairman Hunter then declared the meeting to be public hearing for the purpose of hearing comments on zoning application ZCR1015. The parcel site is 2.10 acres of tax parcel 5918-04-63-8967. The property owner is Johnny Fletcher. The property is currently zoned RR. The petition is to rezone the property to RA. Chris Knopf, Planning Director presented the facts pertaining to the rezoning and stated that the Planning Board recommends denial of the petition due to the proposal not being in harmony with the Land Use Plan development principals. Chairman Hunter asked for comments from the public. Johnny Fletcher, 1270 Old Highway 601, stated he was the owner of the property and would like to see the property rezoned from RR to RA. No one else indicated a desire to speak on the petition. Chairman Hunter then declared the public hearing closed and asked the Board if they wished to take any action. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to deny the petition as recommended by the Planning Board. _______________________________________ Chairman Hunter then declared the meeting to be a public hearing for the purpose of hearing comments on zoning application ZCR1016. The parcel site is 436.34 acres of tax parcel 4040-00-30-5233. The property owner is Lowgap Wildlife Club. The property is currently zoned RA. The petition is to rezone the property to CP-C. Chris Knopf, Planning Director, presented the facts pertaining to the rezoning and stated that the Planning Board recommends approval of the petition. Chairman Hunter asked for comments from the public. No one spoke on the rezoning. Chairman Hunter then declared the public hearing closed and asked the Board if they wished to take any action. Upon motion of Commissioner Miller, seconded by Commissioner Hamlin, the Board voted unanimously to approve the petition. _______________________________________

Cathy Booker, Tax Administrator, and Roger Bedsaul, Revaluation Project Manager, requested Board approval for the 2008 Surry County Appraisal Manual and Schedule of Values and Use Value. Ms. Booker stated that a public hearing was held on October 1, 2007.

Meeting of October 15, 2007 Continued 8769

Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted to adopt the market value schedules, standard and rules and present use values schedules, standard and rules. _______________________________________ Cathy Booker, Tax Administrator, requested to change Surry County’s foreclosure attorney from the Price Law Office to the Meadows and Aderhold Law Office. Upon motion of Commissioner Miller, seconded by Commissioner Johnson, the Board voted unanimously to employ Meadows and Adershold Law Office as Surry County’s foreclosure attorney. _______________________________________ The County Manager updated the Board on water pressure at the Flat Rock Elementary School. Mr. Sammons stated that the school may need to relocate a booster pump for better water pressure and that a meeting has been scheduled with school officials and the engineer on Thursday, October 18, 2007. _______________________________________

The County Manager reminded the Board of the upcoming Volunteer Banquet on Tuesday, October 16, 2007 at Cross Creek Country Club, with a registration of guests.

________________________________________

The County Manager reminded the Board of the Household Hazardous Waste and Pesticide Collection on October 27, 2007 from 9:00 a.m. until 2:00 p.m. at Veteran Memorial Park in Mount Airy. _______________________________________ The County Manager stated that he had attended the groundbreaking ceremony for the new Mountain Valley Hospice Care Center on Thursday, October 4, 2007. Mr. Sammons stated that it was a nice and well attended ceremony. _______________________________________ The County Manager addressed the Board regarding the Kapp Street Extension to the Judicial Center project. Mr. Sammons stated that it would cost approximately $5,000 for design services and $2,500 for a survey. Upon motion of Commissioner Miller, seconded by Commissioner Hamlin, the Board voted unanimously to approve funds for the project. _______________________________________ The County Manager updated the Board on the Permitting and Health Clinics Center. Mr. Sammons stated that the delivery of the steel for the building will be around the week of October 29, 2007. _______________________________________ The County Manager addressed the Board regarding a request from the City of Mount Airy. The City of Mount Airy is requesting the County’s assistance in seeking an Agrarian Growth Zone. Agrarian Growth Zones is to provide economic incentives to stimulate new investment and job creation in economically distressed areas. Mr. Sammons

Meeting of October 15, 2007 Continued 8770

also presented a resolution authorizing the submission of an application by Surry County in behalf of the City of Mount Airy to the North Carolina Department of Commerce for approval of an Agrarian Growth Zone. The Board discussed the request from the City of Mount Airy. Upon motion of Commissioner Hamlin, seconded by Commissioner Johnson, the Board voted unanimously to table the request until the November 8, 2007 meeting to obtain more information. _______________________________________ The County Manager stated that Wayne Sullivan, an engineer with Waste Management, would be presenting a powerpoint presentation at the November 8, 2007 Board meeting to discuss the future development of the landfill. _______________________________________ Commissioner Jim Harrell, Jr. stated that Commissioner Hunter, Commissioner Johnson and he had attended the ribbon cutting for the new section at Elkin High School. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to move the Monday, November 5, 2007 Board meeting to Thursday, November 8, 2007 at 6:00 p.m. _______________________________________

Chairman Hunter informed the audience that it was time for the special recognition portion of the agenda. The following individuals were recognized:

John Shelton recognized Kenny Hooker, David Speight,

Eric Southern, Deborah Wright, John Parks, Garret Vernon and Osler Handy, Jr. for their outstanding performance of duties that resulted in a life saved.

David Stone recognized Mary Susan Gregory upon her

retirement for her many years of faithful service. ________________________________________ The Board took a five-minute recess. ________________________________________

Upon motion of Commissioner Johnson, seconded by Commissioner Hamlin, the Board voted unanimously to go into closed session to discuss personnel and economic development. _______________________________________ The Board came out of closed session and resumed regular business. _______________________________________

Meeting of October 15, 2007 Continued 8771

Upon motion of Commissioner Hamlin, seconded by Commissioner Miller, the Board voted unanimously to approve Susan Jarrell’s salary as Director of Elections be set at grade 69, step 8 upon her effective date in office. A letter to this effect will be sent to the Board of Elections. A recognition for Angie Crews will be arranged for the November 8, 2007 meeting. _______________________________________ Upon motion of Commissioner Hamlin, seconded by Commissioner Johnson, the Board voted unanimously to allocate $5,000 each to be made to three local food banks: Yokefellow Ministry, Tri-County Services and the Foothills Food Pantry. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to allocate $28,700 for improvements to the Kapp Street Extension, and the Board gives the Building and Grounds Committee authority to proceed with this work. _______________________________________ The Board discussed a parking lot crack and fill process for the side and rear lots at the County Human Services Center. The County Manager will request the Purchasing Agent’s assistance in getting quotes. _______________________________________ There was no further business to come before the Board. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Hamlin, the Board voted unanimously to adjourn at 9:18 p.m. _______________________________________ _____________________ Conchita Atkins Clerk to the Board

8772

Surry County Board of Commissioners Meeting of November 8, 2007

The Surry County Board of Commissioners met in regular session at 6:00 p.m. on November 8, 2007. The meeting was held in the County Commissioners’ Meeting Room, Surry County Government Center, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, Commissioner Jim Harrell, Jr. and Commissioner Jimmy Miller. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Conchita Atkins, Clerk to the Board Edwin Woltz, County Attorney

Betty Taylor, Assistant County Manager for Budget and Finance

John Shelton, Emergency Services Director Sheriff Graham Atkinson Brian Sharpe, Management Information Systems Director Roger Shore, Assistant Director of Communications Jerry Snow, Public Works Director Dennis Bledsoe, Recycling Program Coordinator News Media Other Citizens ________________________________________ Chairman Craig Hunter called the meeting to order. Commissioner Bill Hamlin delivered the invocation and led the Pledge of Allegiance. ________________________________________ Chairman Hunter requested the Board to consider the minutes of the October 15, 2007 meeting. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve the minutes. _______________________________________________ Chairman Hunter requested that the Board consider the consent agenda. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to approve the following consent agenda items: Requests by the County Manager:

1. Approve the reappoint of Dr. Jane Hill-Riley to the Crossroads Behavioral Healthcare Board.

2. Approve the following resolution to the North Carolina Department of Transportation for abandonment of 1216 McDaniel Road:

NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION AND HIGHWAY SAFETY REQUEST FOR ABANDONMENT FROM STATE

MAINTAINED SECONDARY ROAD SYSTEM

NORTH CAROLINA COUNTY OF SURRY Road description: 1216 McDaniel Road

Meeting of November 8, 2007 Continued 8773

WHEREAS, the attached petition has been filed with the Board of County Commissioners of the County of Surry requesting that the above described road, be removed from the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road should be removed from the Secondary Road System, if the removal meets criteria established by the Division of Highways of the Department of Transportation and Highway Safety Division. NOW, THEREFORE, be it resolved by the Board of County Commissioners of the County of Surry that the Division of Highways is hereby requested to review the above-described road, and to abandon the road if it meets established standards and criteria.

3. Approve a right-of-way release for Duke Energy to

cross county property at the Westfield Recycling Center.

Request from the Assistant County Manager for

Budget and Finance:

1. Approve Emergency Services to purchase two replacement printers.

Request from the Human Resources Officer: 1. Approve the following resolution honoring Angela S.

Crews:

RESOLUTION

WHEREAS, Angela S. Crews was employed by the County of Surry from July 29, 1996 until October 31, 2007 as an employee of the Surry County Board of Elections; and WHEREAS, during her term of service, Mrs. Crews served as Deputy Director and Director of Elections, the position she held from August 26, 1997 until her resignation; and

WHEREAS, during her years of faithful service, Mrs. Crews has made commendable achievements in voting procedures and instilling voter confidence in the citizens of the County of Surry; and

WHEREAS, Mrs. Crews has earned the admiration and

respect of her friends and colleagues and is considered an expert in her field by many of her peers; and NOW, THEREFORE, BE IT RESOLVED that the Surry County Board of Commissioners wishes to publicly commend Angela S. Crews for the untiring execution of her duties and wishes to express appreciation for her years of dedicated employment; and BE IT FURTHER RESOLVED that the Board extends to Angela S. Crews its best wishes. _______________________________________________

Meeting of November 8, 2007 Continued 8774

Chairman Hunter then declared the meeting to be an open forum and invited members of the audience to address the Board on any matters of civic concern. Commissioner Harrell recognized the newly elected Mayor of Elkin, Lestine Hutchens and the current Mayor of Elkin, Tom Gywn. Commissioner Harrell stated that Mr. Gwyn had done a great job while serving Surry County and its citizens. There being no additional comments, Chairman Hunter closed the open forum, and the Board resumed regular business. ______________________________________ Robin Turner and Cecilia McColt, Reeves Restoration Project Group, updated the Board on the Reeves Restoration Project and the need for funds to restore the Reeves Theater to create a self-sustaining, multifunctional cultural arts center for Historic Downtown Elkin. Ms. Turner stated that it could take around $2.5 M to get the theater usable. Ms. Turner stated that the Town of Elkin had contributed $25,000 toward the project. Ms. Turner asked for $25,000 from the County. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to match the Town of Elkin and allocate $25,000 to the Reeves Restoration Project Group, with the condition that the County Manager and Assistant County Manager for Budget and Finance will set up a means to insure that the Reeves Restoration Project Group is accountable for expenditures. _______________________________________ Wayne Sullivan, Municipal Engineering, presented a power point presentation on the development phases of the Surry County Landfill. Mr. Sullivan showed a topo map of the existing landfill and the adjourning property and discussed what the purchase means to the County. Mr. Sullivan also discussed the new rules and laws that affect landfills. _______________________________________ John Shelton, Emergency Services Director, Sheriff Graham Atkinson, Roger Shore, Assistant Director of Communications, and Brain Sharpe, Management Information Systems Director, addressed the Board regarding the need for 911 Center equipment and technology upgrades. Mr. Shelton discussed various needs for a recording system, console chairs, net motion wireless system, MDT license upgrade, and the VisionAir Mobilynx Map upgrade. Brian Sharpe addressed the Surry County server utilization and consolidation project. Mr. Shelton stated there were funds for the projects in the 911 Surcharge account. Upon motion of Commissioner Miller, seconded by Commissioner Hamlin, the Board voted unanimously to approve the 911 center equipment and technology upgrades using 911 surcharge funds. _______________________________________

Meeting of November 8, 2007 Continued 8775

Chairman Hunter informed the audience that it was time for the special recognition portion of the agenda. The following individual was recognized. The Board recognized Angelia Crews for her faithful years of service to the County. _______________________________________ The County Manager presented a request from Emergency Services to utilize a 1992 Ford Club Wagon (vin number 1FBJS31H2NHB13742), multi-passenger van. The van was recently declared surplus. Emergency Services would like to take all the rear seats out of the unit. The vehicle would be used to carry training equipment from Mount Airy to various locations in the County where First Responders are trained. Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted not to surplus the van and allow Emergence Services to utilize the van. _______________________________________ The County Manager addressed the Board regarding a meeting with the Recreation Resource Service of North Carolina State to discuss the Shoals PARTF application and project. The meeting will take place on Wednesday, November 14, 2007. It was the consensus of the Board for Commissioner Johnson to join the meeting. _______________________________________ The County Manager addressed the Board regarding five High School and six Middle School Athletic Department grants. The County has now received total requests of $100,000 for our high schools and $119,701.30 for middle schools. Mr. Sammons stated that only $200,000 was in the budget. There is a shortfall of $19,701.30. Mr. Sammons stated that Technology grants would be forthcoming shortly. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously accept the grants as presented and fund the added cost of $19,701.30. _______________________________________ The County Manager presented a request from Building and Grounds regarding growth within the Health and Nutrition Center and demands on the current power supply. Mr. Sammons stated that the Health and Nutrition Center electrical transformer needed an upgrade. Mr. Sammons also stated that bids had been taken and the lowest bidder was JP Enterprises of Surry, Inc. with a total of $6,070 to complete the upgrade. Upon motion of Commissioner Miller, seconded by Commissioner Harrell, the Board voted unanimously to approve the lowest bid from JP Enterprises of Surry, Inc. to complete the upgrade. _______________________________________ The County Manager presented updated information on the Agrarian Growth Zone Application for the City of Mount Airy and asked Chris Knopf, Planning Director to address

Meeting of November 8, 2007 Continued 8776

the request. The City of Mount Airy is requesting the County to apply for an Agrarian Growth Zone. Agrarian Growth Zones is to provide economic incentives to stimulate new investment and job creation in economically distressed areas. The request was tabled at the October 15, 2007 meeting. Mr. Knopf explained the application process and stated that other municipalities could also ask the County to assist with an application for their area. Mr. Knopf stated there could be more than one application as long as it does not cover more than 5% of the County’s population. The County Manager presented a resolution for approval. Upon motion of Commissioner Miller, seconded by Commissioner Johnson, the Board voted unanimously to assist the City of Mount Airy with an Agrarian Growth Zone application and approve the following resolution:

RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION BY SURRY COUNTY AT THE REQUEST OF THE CITY OF MOUNT AIRY TO

THE NORTH CAROLINA DEPARTMENT OF COMMERCE FOR APPROVAL OF AN AGRARIAN GROWTH ZONE

WHERAS, the City of Mount Airy has determined that certain areas within and outside the City may require economic incentives to assist in economic development efforts; and WHERAS, the City of Mount Airy has determined that incentives provided by the State of North Carolina are desirable; and WHERAS, Surry County wishes to pursue a formal application for designation of such areas as a North Carolina Agrarian Growth Zone at the request of the City of Mount Airy. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Surry County that Surry County is authorized to submit, by and through its elected officials and employees, a formal application to the North Carolina Department of Commerce for approval of a North Carolina Agrarian Growth Zone.

_______________________________________ The County Manager addressed the Board regarding grant funds from the EDA for the Regional Tourism Initiative. The application would be for $50,000 or more to develop the tourism marketing plan. No County matching funds will be required. Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to endorse the application and approve the following resolution:

RESOLUTION

WHEREAS, Surry County, North Carolina, is a member of the Northwest North Carolina / Southwest Virginia Regional Tourism Initiative; and

Meeting of November 8, 2007 Continued 8777

WHEREAS, The Surry County Board of Commissioners

supports the economic development purposes of the Regional Tourism Initiative; and

WHEREAS, the Surry County 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 the Regional Tourism Initiative;

NOW, THEREFORE BE IT RESOLVED: The Surry County Board of Commissioners, by action taken on November 8, 2007, hereby endorses the Pre-application for Funding Assistance from the U.S. Economic Development Administration.

________________________________________ The County Manager discussed the Courts System

Pandemic Plan. Mr. Sammons stated that a plan is required by State Chief Justice Sarah Parker. Judges, Sheriff’s Department, Emergency Services Director, Clerk of Court, Register of Deeds and County Manager have been working on a local plan since September. Mr. Sammons that the agreement needed Board approval.

Upon motion of Commissioner Johnson, seconded by

Commissioner Hamlin the Board voted to approve the following:

This Agreement, made and entered into this the 8th day of November, 2007, by and between the Administrative Office of the Courts for the State of North Carolina (AOC), party of the first part, County of Surry, a body politic and corporate and Surry Community College, a State chartered member of the Public University System of the State of North Carolina;

W I T N E S S E T H: WHEREAS, the AOC is responsible for the seamless operation of the General Court of Justice within the counties of the State of North Carolina, including Surry County which is part of Judicial District 17B; AND, WHEREAS, components of the General Court of Justice include administration of the Office of the Clerk of Superior Court, organization and supervision of the District and Superior Courts, operation of magisterial offices and operation of a probation office; AND, WHEREAS, each County bears the responsibility of providing suitable facilities for the operation of the North Carolina Court System within such county, including, but not limited to, providing (1) adequate courtroom facilities and furnishings, (2) adequate space and furnishings for the Clerk of Superior Court and its employees to conduct the business of the Court, (3) adequate connectivity and telephone circuitry to link Surry County Court facilities to the State network administered by AOC, (4) adequate restroom facilities, (5) parking

Meeting of November 8, 2007 Continued 8778

facilities for the general public making use of the Court system, (6) adequate space for Judges and support staff, and (7) adequate space for the District Attorney support staff and, (8) adequate space for the Probation Office to work in. AND, WHEREAS, Surry County has met its responsibility to the Court System by providing several facilities, including the Surry County Courthouse, the Historic Surry County Courthouse located in Dobson, and various magisterial offices in Mount Airy, Elkin, Pilot Mountain and Dobson; AND, WHEREAS, the State of North Carolina and the United States Department of Homeland Security have required the Administrative Office of the Courts to work with the various counties within North Carolina to implement an Emergency Space Requirements Plan should facilities furnished by the County be rendered unusable, temporarily or permanently, as a result of a disaster, either natural or manmade, including a pandemic or other health emergency; AND, WHEREAS, the parties to this Agreement intend to provide temporary alternative facilities to meet the basic needs of the General Court of Justice, including the Clerk of Superior Court’s office, to continue functioning until permanent facilities again become available. NOW, THEREFORE, based upon legally adequate considerate, the sufficiency of which is hereby acknowledged, the parties to hereby contract and agree as follows: 1. A state of emergency may be declared by the Governor of the State of North Carolina, the Legislature or other designated public official. 2. Should a public official declare a state of emergency within Surry County, North Carolina which renders it impossible to utilize the Surry County Courthouse or related facilities, whether due to natural phenomenon, terrorism or public health crisis, the terms and provisions of this Interlocal Agreement shall become applicable. 3. Following the declaration of a state of emergency by an appropriate official and the proclamation that use by the General Court of Justice of the Surry County Courthouse and related facilities is an impossibility, AOC or other governmental agency shall communicate that fact to parties of the second part by telephone, facsimile, Email or overnight delivery and shall follow up with written notice addressed to parties of the second part providing details of the disaster and the need for alternative space by General Court of Justice. 4. Parties of the second part, upon receipt of notice of need, shall make available the Surry County Human Resource Department which houses the Surry Community College Workforce Development Center located between 1218 through 1220 State Street, in the City of Mount Airy, North Carolina (Surry County Parcel ID #5929-10-36-5742, as presently configured) (hereafter “Premises”) not later than the next business day, following notification. The General

Meeting of November 8, 2007 Continued 8779

Court of Justice shall be entitled to utilize furnishings, machinery, equipment, including office supplies, public facilities, including but not limited to, public restrooms and parking facilities for use by the General Court of Justice as directed by the AOC. 5. AOC shall be responsible to properly maintain the Premises and return it to the parties of the second part as soon as the crisis that triggered the state of emergency has passed so that the Surry County Courthouse and related facilities can once again be used, or until alternate facilities are identified and made available. 6. Party of the first part shall return the Premises to parties of the second part as soon as possible and in substantially the same condition as when occupied, ordinary wear and tear excepted and shall reimburse parties of the second part in accordance with policies established by the State of North Carolina for costs and expenses associated with the use of the Premises. 7. AOC shall be entitled to make use of available connectivity equipment, networks and telephone circuitry during its possession of the premises. 8. It is intended by this Interlocal Agreement that parties of the second part furnish to party of the first part, Premises for judicial offices, District Attorney, Probation Office, Magistrates, Clerk of Superior Court and staff and the Surry County Sheriff’s Office in connection with any inmate or citizen under arrest or in custody. IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be executed and attested as an approved act of each party. _______________________________________ The County Manager addressed the Board on the Sales Tax Referendum. Mr. Sammons stated that the vote was close and provisional votes would be counted on Friday, November 9, 2007. The vote would be certified by the Board of Elections on Tuesday, November 13, 2007. _______________________________________ The County Manager addressed the Board regarding the Tharrington Elementary School deed easements for trail at the school. The Mount Airy Board of Education requested the easements be conveyed to the Board of Education. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to convey the deed for a portion of Tharrington Elementary School (tract 2 containing 23.46 acres) back to the Board of Education. _______________________________________ The County Manager presented a request from the Health and Nutrition Center regarding a need for a new dental chair that will be utilized by the Dental Hygienist. The cost of the chair will be $5,311. Upon motion of Commissioner Johnson, seconded by Commissioner Hamlin, the Board voted unanimously to approve

Meeting of November 8, 2007 Continued 8780

the lowest bid from Sullivan-Schein and purchase the chair in the amount of $5,311. _______________________________________ Upon motion of Commission Harrell, seconded by Commissioner Johnson, the Board voted unanimously to appoint Emaline Cockerham to serve on the Appearance Commission representing the Elkin area. _______________________________________ The Board took a ten-minute recess. _______________________________________ The Board resumed regular business. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to go into closed session to discuss personnel, economic development, land acquisition and legal litigation. _______________________________________ The Board came out of closed session and resumed regular business. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Hamlin, the Board voted unanimously to approve the following personnel actions:

Reallocate position #518106 from an Environmental Health Specialist to an Environmental Health Program Coordinator effective December 1, 2007, contingent upon final approval from State Personnel.

Create and fill an Environmental Health Specialist in lieu of the Environmental Health Program Coordinator previously approved June 18, 2007, contingent upon final approval from State Personnel.

Approve a one-step merit increase for an employee in position #531209, effective November 1, 2007.

Amend the Personnel Ordinance adopted on November 3, 2003 by making the following change to Appendix A, Position Classification Plan, effective November 1, 2007:

Add Assistant Public Works Director to Grade 69. Reclassify position #741502 from a Recycling Program Coordinator to an Assistant Public Works Director and move employee in position #741502 to Grade 69-2.

________________________________________ There was no further business to come before the Board. _______________________________________

Meeting of November 8, 2007 Continued 8781

Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to adjourn at 10:15 p.m. _______________________________________ _____________________ Conchita Atkins Clerk to the Board

8782

Surry County Board of Commissioners Meeting of November 19, 2007

The Surry County Board of Commissioners met in regular session at 6:00 p.m. on November 19, 2007. The meeting was held in the County Commissioners’ Meeting Room, Surry County Government Center, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, and Commissioner Jimmy Miller. Commissioner Jim Harrell, Jr. was unable to attend due to illness. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Conchita Atkins, Clerk to the Board Edwin Woltz, County Attorney

Betty Taylor, Assistant County Manager for Budget and Finance Sandy Snow, Human Resources Officer

Chris Knopf, Planning Director Adam McComb, Parks and Recreation Director

Don Mitchell, Purchasing Agent/Interim Buildings and Grounds Director Gray Bryant, Inspections Director

News Media Other Citizens ________________________________________ Chairman Craig Hunter called the meeting to order. Commissioner Paul Johnson delivered the invocation and led the Pledge of Allegiance. ________________________________________ Chairman Hunter requested the Board to consider the minutes of the November 8, 2007 meeting. Upon motion of Commissioner Johnson, seconded by Commissioner Hamlin, the Board voted unanimously to approve the minutes. _______________________________________________ Chairman Hunter requested that the Board consider the consent agenda. Upon motion of Commissioner Miller, seconded by Commissioner Johnson, the Board voted unanimously to approve the following consent agenda items: Request by the County Manager:

1. Approve the following from the Tax Department: Total releases for the month ending 10/31/2007 in

the amount of $12,876.58. Total refunds for the month ending 10/31/2007 in

the amount of $10,706.75. Total real and personal property discoveries for

the month ending 10/31/2007 in the amount of $23,689.51.

Total motor vehicles discoveries for the month ending 10/31/2007 in the amount of $3,071.18.

Collect August 2007 motor vehicle renewals in the amount of $436,203.74.

Meeting of November 19, 2007 Continued 8783

Request from the Assistant County Manager for Budget and Finance: 1. Approve budget change no. 3 as follows:

The Board of County Commissioners approved an amendment to the FY 2007-2008 Budget Ordinance at their meeting on October l9, 2007. ACCOUNT PREVIOUS REVISED CODE DESCRIPTION AMOUNT CHANGE AMOUNT GENERAL FUND EXPENDITURES Special Appropriations 1054198 57105 Reeves Theater (New) 0 25,000 25,000 Increase departmental

total. 372,505 25,000 397,505

Non-Departmental

1054199 59510 General Fund Contingency 295,800 (44,702) 251,098 Decrease departmental

total. 604,800 (44,702) 560,098

Sheriff's 1054310 56010 Equipment 170,000 16,265 186,265 Increase departmental

total. 3,682,372 16,265 3,698,637

Transfers to Other Funds 1059810 59130 Trans. To Schs. Capital

Outlay 1,892,200 19,702 1,911,902

Increase departmental total.

16,425,147 19,702 16,444,849

REVENUE 1044000 48500 Insurance Refunds 10,000 16,265 26,265 Increase fund totals. 74,803,309 16,265 74,819,574 SCHOOLS CAPITAL OUTLAY FUND EXPENDITURES 3655912 57210 Middle School Athletic

Grants 100,000 19,702 119,702

REVENUE 3645912 49800 Transfer from General Fund 1,892,200 19,702 1,911,902 Increase fund totals. 3,656,699 19,702 3,676,401 Requests from the Planning Director:

1. Approve the Heirs of Dorothy Pitts final five-lot subdivision.

2. Approve the Jasper R. Cave final three-lot subdivision.

________________________________________ Chairman Hunter read the following press release regarding the Terrell property that adjoins the landfill.

PRESS RELEASE FOR IMMEDIATE RELEASE

NOVEMBER 19, 2007

Meeting of November 19, 2007 Continued 8784

Surry County Board of County Commissioners RE: Surry County, Plaintiff vs. Donald and Faye Terrell Although litigation is still pending, the Surry County Board of County Commissioners wishes to reassure the public that it has diligently, compassionately, and fairly communicated with Mr. and Mrs. Terrell over the past several years regarding the County’s need of their property for a planned expansion of the Surry County Landfill. The Board of County Commissioners has tried repeatedly to reach an amicable purchase of the Terrell property whereby the Terrell’s could remain on the property as they prepared to relocate to a new home. The Board of County Commissioners reluctantly exercised its power to condemn the property after it was apparent no reasonable resolution could be reached between the two parties. Three independent appraisals were commissioned, two by the County and one by the Terrells. Surry County threw out the low appraisal and averaged the two highest appraised values. The Board of County Commissioners tendered $653,000.00 to the Terrells as just compensation and market value for their property. The amount tendered to the Court which was withdrawn by the Terrells is $73,000.00 higher than the highest appraisal obtained by the County which was submitted by a unbiased licensed appraiser. The Board of County Commissioners has a fiduciary responsibility to the citizens of Surry County to spend tax dollars responsibly and for the benefit of all citizens. The County continues its dialogue with the Terrells, through their Attorney, to reach a reasonable and fair settlement so the Terrell’s can remain on the property while their new home is being constructed. The Board of County Commissioners continues to hold out hope that this matter can be settled fairly without further disruption to the Terrells. Exercising the power of condemnation is not an action the Board took lightly, and was taken only as a last resort with the greater public need in mind. Attorney Edwin Woltz explained the recent injunction hearing and stated that mediation between Surry County and the Terrell’s was set for November 30, 2007. _______________________________________ Chairman Hunter then declared the meeting to be an open forum and invited members of the audience to address the Board on any matters of civic concern. Rick Marshall addressed the Board regarding the Terrell property. Mr. Marshall stated that the Board offered Mr. Terrell a minimal price for the property on which he has lived all his life. Mr. Marshall asked the Board if the Kidd school property was more valuable than the Terrell property. Mr. Marshall asked the Board to rethink the price for Mr. Terrell’s farm.

Meeting of November 19, 2007 Continued 8785

The Chairman and County Attorney stated that the Board had engaged two appraisers to value the property and stated that the Board did not take the condemnation lightly. Don Isaacs stated he lived near the Terrell farm and attended church with Mr. Terrell. Mr. Isaacs was concerned with Mr. Terrell having to move off the property on such a short notice. Mr. Isaacs was also concerned with the value of the property given by the County. Angus Tucker, Mr. Terrell’s brother-in-law, stated that he felt the Terrells are not getting enough money for the property. Kenneth Chilton stated that he had known the Terrells for fifty years. Mr. Chilton asked the Board to reconsider the amount the Board will pay for the property and pay fair market value. Rhonda Bedsaul asked the Board if they had considered other alternatives. Ray Nichols asked the Board to give the Terrell’s more time to vacate the property. A total of 45 individuals were in attendance for support of Mr. Terrell. The Board explained mandates and regulations that the State puts on new landfills and the need for the Terrell property in order to insure the County’s ability to continue operating the facility. The Board and County Attorney reiterated that there would be a mediation hearing on November 30, 2007 and the Board would try to come to an acceptable agreement with Mr. Terrell. There being no additional comments, Chairman Hunter closed the open forum, and the Board resumed regular business. ______________________________________ Chairman Hunter then declared the meeting to be a public hearing for the purpose of hearing comments on zoning application ZCR1020. The parcel site is 1.234 and 0.34 acre of tax parcel 5968-00-52-8993 and 5968-00-53-9073. The property owner is J. Wade White, Jr. The property is currently zoned RA. The petition is to rezone the property to RB-C. Chris Knopf, Planning Director, presented facts pertaining to the rezoning and stated that the Planning Board recommends approval of the petition. No one spoke on the rezoning. Chairman Hunter then declared the public hearing closed and asked the Board if they wished to take any action.

Meeting of November 19, 2007 Continued 8786

Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to approve the rezoning with the following development conditions:

Signage shall be limited to maximum display area of 16 square feet and shall be located adjacent to the ingress/egress for the property.

The structure shall maintain a residential facade (residential appearance).

The site plan is on file in the Planning Department and is a binding part of the rezoning. _______________________________________ Marcie Spivey, Martin Starnes and Associates, presented an audit presentation and showed fund balance history, property valuation history, general fund reserves and general fund expenditures. _______________________________________ Dr. Barry Shepherd, Elkin City Schools Superintendent, introduced Elkin school board members. Dr. Shepherd presented facility needs and funding requests for the Elkin High School Phase I and Phase II. Dr. Shepherd presented the following items that the Elkin City School Board would like to see accomplished during the 2007-2008 fiscal year.

Complete Elkin High School Phase 1B – Stairtower/Bathrooms, Child Nutrition storage - $388,043; (plus 6% contingency of $23,282)=$411,325;

Design Elkin High School Phase II (1935 replacement)=$383,495;

Locate and remove all hazardous materials from the 1935 structure (cost unknown).

The Board discussed the request. Upon motion of Chairman Hunter, seconded by Commissioner

Johnson, the Board voted unanimously to table the request until the December 3, 2007 meeting to allow Commissioner Harrell to be present for the discussion due to the request being in Commissioner Harrell’s district.

________________________________________ Adam McComb, Parks and Recreation Director, and Don

Mitchell, Purchasing Agent/Interim Buildings and Grounds Director, addressed the Board regarding plans and specifications for ball field lighting at Fisher River Park. The plans include lighting for the five existing fields with a vending option for the public. The estimated total cost to complete the project would exceed the $175,000 budgeted in FY 2007-2008. Mr. McComb and Mr. Mitchell proposed bidding the project in segments. Mr. McComb prioritized the field lighting as follows:

Miller Field, Soccer Field and Peewee Soccer Field (base bid)

Softball Field #2 (Alternate bid #1) Softball Field #3 (Alternate bid #2)

Mr. McComb and Mr. Mitchell discussed an alternate plan.

The plans call for four poles and two poles could be eliminated. The Board discussed the difference between concrete poles and aluminum poles.

Meeting of November 19, 2007 Continued 8787

There was a request to advertise the bidding of the project as soon as possible. Upon motion of Commissioner Johnson, seconded by Commissioner Hamlin, the Board voted unanimously to bid the project. _______________________________________

Chairman Hunter informed the audience that it was time for the special recognition portion of the agenda. The following individuals were recognized:

Bonnie Simmons for being elected as the new 2007-2008

President for the North Carolina Mechanical Inspectors Association.

Mark Noonkester for being elected as the President of

the North Carolina Ellis Cannady Chapter of the International Association of Electrical Inspectors for the term of November 2007-2008.

________________________________________ The County Manager addressed the Board regarding the

November 6, 2007 sales tax referendum and stated that a recount today determined one additional vote for the referendum was discovered. Mr. Sammons stated that the referendum won by 27 votes. Mr. Sammons also presented a resolution to enact the ¼ cent sales tax that was prepared by the staff at the North Carolina Association of County Commissioners and reviewed by the County Attorney.

Upon motion of Commissioner Johnson, seconded by

Commissioner Hunter, the Board voted unanimously to approve the following resolution:

SURRY COUNTY BOARD OF COMMISSIONERS

THE STATE OF NORTH CAROLINA November 6, 2007

RESOLUTION LEVYING AN ADDITIONAL ONE-QUARTER CENT (1/4¢) COUNTY SALES AND USE TAX

WHEREAS, The General Assembly has authorized county boards of commissioners across the State of North Carolina to levy a one-quarter percent (.25%) county sales and use tax under the Current Operations and Capital Improvements Appropriations Act of 2007, contingent on an advisory referendum in which the majority of those casting ballots voted for the levy of the tax; and WHEREAS, the Surry County Board of Commissioners directed the Surry County Board of Elections to conduct an advisory referendum on the question of whether to levy the One-Quarter Cent (1/4¢) County Sales and Use Tax in Surry County on the 6th day of November, 2007 ; and WHEREAS, the ballots were cast 50.27 % FOR and 49.73 % AGAINST the levy of the One-Quarter Cent (1/4¢) County Sales and Use Tax and the actual vote was as follows 2,536 FOR and 2,509 AGAINST; and

Meeting of November 19, 2007 Continued 8788

WHEREAS, it is the Board’s intent to consider this resolution to levy the tax, after providing the required 10 day public notice; and

WHEREAS, the Surry County Board of Commissioners hereby finds that the levy of the One-Quarter Cent (1/4¢) County Sales and Use Tax is necessary to help address and alleviate fiscal constraints within Surry County; and

NOW, THEREFORE, BE IT RESOLVED by the Surry County Board of Commissioners: (1) There is hereby levied within Surry County the One-Quarter Cent (1/4¢) County Sales and Use Tax, authorized in Section 31.17(b) of the Current Operations and Capital Improvements Appropriations Act of 2007 (Session Law 2007-323). (2) Collection of the tax by the North Carolina Secretary of Revenue, shall begin on and continue after the 1st day of April, 2008. (3) The net proceeds of the tax levied herein shall be distributed by the Secretary of Revenue to Surry County in accordance with Article 39 Chapter 105 of the North Carolina General Statutes. Notwithstanding the provisions of Article 39 of Chapter 105, the additional One-Quarter Cent (1/4¢) County Sales and Use Tax does not apply to the sales price of food that is exempt from tax pursuant to N.C.G.S. 105-164.13B. The Secretary shall not divide the amount allocated to a county between Surry County and the municipalities within Surry County. (4) This Resolution is effective upon its adoption, and a certified copy hereof shall be forwarded to the North Carolina Secretary of Revenue, along with a certified copy of the Surry County Board of Election results from the advisory referendum.

_________________________________________ The County Manager briefed the Board on progress in

building the Permitting Health Clinics Center. __________________________________ The County Manager addressed the Board regarding a

joint meeting with the Surry County Board of Education and the Board of County Commissioners to review school site possibilities.

It was the consensus of the Board to hold the meeting

on Monday, December 10, 2007 with an alternate date of Tuesday, December 11, 2007.

_____________________________________ The County Manager presented a request from the Town

of Dobson. The Town of Dobson would like to upgrade water lines from Windsor Park through Rockford Road to the caution light on Highway 601. Mr. Sammons stated that four families agree to pay $13,910 for water lines. The remaining cost to upgrade the 8” water would cost $13,600. The Town of Dobson request a 50/50 split with the County, with a cost of $6,800 each.

Upon motion of Commissioner Hamlin, seconded by

Commissioner Miller, the Board voted unanimously to

Meeting of November 19, 2007 Continued 8789

allocate $6,800 toward the request, with the details of the agreement left to the Board’s committee.

_______________________________________ The County Manager updated the Board on the joint

effort of the Small Business Technology and Development Center (SBTDC) and the County to assist local fast-growing small business to become even more successful. On October 30, the first group of about 15 businesses, selected from more than 350 Surry County firms with less than 50 employees, met to begin this process. The second such group will meet on December 19, 2007. The County Manager indicated and thanked the County’s Champion Team and indicated additional information will be forthcoming.

________________________________________ The County Manager updated the Board on the intent to

apply for Rural Center funds to assist with the extensions of water and sewer from the Town of Dobson to Forest Oaks and Surry Acres. There would be 54 connections in Forest Oaks and 42 connections in Surry Acres. The County Manager and the Water and Sewer Projects Coordinator met with the Town of Dobson to review on November 10, 2007.

Upon motion of Commissioner Hamlin, seconded by

Commissioner Miller, the Board voted unanimously for the County Manager to execute the intent to apply form.

________________________________________ Upon motion of Commissioner Miller, seconded by

Commissioner Hamlin, the Board voted unanimously to approve the following resolution requesting the deletion of Scout Road from the state maintained road system:

N. C. DEPARTMENT OF TRANSPORTATION REQUEST FOR DELETION FROM THE STATE MAINTAINED

ROAD SYSTEM NORTH CAROLINA COUNTY OF SURRY Road Name: Scout Road-1422 WHEREAS, the attached petition has been filed with the Surry County Board of Commissioners, requesting that the above named road be deleted from the Secondary Road System; and WHEREAS, the Board is of the opinion that the above described road should be deleted from the Secondary Road System, if the road meets minimum standards and criteria established by the Highway Division of the Department of Transportation for the deletions of roads from the System. NOW, THEREFORE, BE IT RESOLVED by the Surry County Board of Commissioners that the Highway Division is hereby requested the above-described road be deleted from the State Maintained Road System.

________________________________________ Upon motion of Commissioner Hamlin, seconded by

Commissioner Miller, the Board voted unanimously to appoint Gene Everett to the Board of Adjustments.

Meeting of November 19, 2007 Continued 8790

________________________________________ The Board requested the County Manager draft a

resolution to the North Carolina Department of Transportation in support of the City of Mount Airy requesting speed reduction at Cherry and Renfro Streets.

________________________________________ Upon motion of Commissioner Hunter, seconded by

Commissioner Miller, the Board voted unanimously to forward the following resolution to the North Carolina Department of Transportation:

N. C. DEPARTMENT OF TRANSPORTATION REQUEST FOR PAVING OF DUNBAR ROAD

NORTH CAROLINA COUNTY OF SURRY Road Name: Dunbar Road WHEREAS, the Surry County Board of Commissioners is requesting that the above named road be paved; and WHEREAS, the Board is of the opinion that the above described road should be paved, if the road meets minimum standards and criteria established by the Highway Division of the Department of Transportation. NOW, THEREFORE, BE IT RESOLVED by the Surry County Board of Commissioners that the Highway Division is hereby requested to review the above-described road, and paved the road if it meets established standards and criteria. _______________________________________

Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to go into closed session pursuant to GS 143-318.11, for the following issues:

Subsection (3) to consult with the County Attorney regarding pending litigation.

Subsection (6) to discuss personnel issues. ________________________________________ The Board came out of closed session and resumed

regular business. ________________________________________ Upon motion of Commissioner Hamlin, seconded by

Commissioner Johnson, the Board voted unanimously to amend the Personnel Ordinance adopted on November 3, 2003 by making the following addition to Appendix A, Position Classification Plan, effective December 1, 2007:

Add Assistant County Manager for Economic Development and Tourism to grade 79.

Create a new position for Assistant County Manager for

Economic Development and Tourism. Move employee in position #491001 to the position of

Assistant County Manager for Economic Development and Tourism at grade 79-10.

Approve the Assistant County Manager for Economic Development and Tourism to be Interim Planning

Meeting of November 19, 2007 Continued 8791

Director until the Planning Director position is filled.

________________________________________ The County Manager briefed the Board on the Inter-local

Agreement and contract between the Town of Dobson and the County of Surry to provide water services to selected areas outside of the existing Town of Dobson services area. Upon motion of Commissioner Johnson, seconded by Commissioner Hamlin, the Board voted unanimously for the County Manager to execute the Inter-local Agreement and the contract, contingent upon the County Attorney and the Assistant County Manager for Budget and Finance reviewing the agreement and contract.

_______________________________________ There was no further business to come before the Board. ________________________________________ Upon motion of Commissioner Johnson, seconded by

Commissioner Hamlin, the Board voted unanimously to adjourn at 9:00 p.m. _______________________________________

_____________________ Conchita Atkins Clerk to the Board

8792

Surry County Board of Commissioners Meeting of December 3, 2007

The Surry County Board of Commissioners met in regular session at 6:00 p.m. on December 3, 2007. The meeting was held in the County Commissioners’ Meeting Room, Surry County Government Center, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Vice-Chairman Paul Johnson, Commissioner Bill Hamlin, Commissioner Jim Harrell, Jr. and Commissioner Jimmy Miller. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Conchita Atkins, Clerk to the Board Edwin Woltz, County Attorney

Betty Taylor, Assistant County Manager for Budget and Finance Sandy Snow, Human Resources Officer

Adam McComb, Parks and Recreation Director Jack Gardin, Water and Sewer Projects Coordinator Cathy Booker, Tax Administrator John Shelton, Emergency Services Director

News Media Other Citizens ________________________________________ Chairman Craig Hunter called the meeting to order. Commissioner Paul Johnson delivered the invocation and led the Pledge of Allegiance. ________________________________________ Chairman Hunter requested the Board to consider the minutes of the November 19, 2007 meeting. Upon motion of Commissioner Johnson, seconded by Commissioner Hamlin, the Board voted unanimously to approve the minutes. _______________________________________________ Chairman Hunter requested that the Board consider the consent agenda. Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to approve the following consent agenda items: Requests by the County Manager:

1. Approve an allocation of $4,000, as a 50/50 cost share between the City of Mount Airy and the County, to replace a dike closure device where the Yadkin Valley Railroad crosses the Ararat River as part of the Ararat River flood prevention and improvements project.

2. Approve the planning costs for the Shoals Community Trust PARTF application.

3. Approve Courthouse Computer Systems to become the computer system vendor for the Register of Deeds.

Request from the Human Resources Officer:

1. Amend the Personnel Ordinance adopted on November

3, 2003 by making the following addition to

Meeting of December 3, 2007 Continued 8793

Appendix A, Position Classification Plan, effective December 1, 2007: Add Employee Wellness Nurse to Grade 73.

________________________________________ Chairman Hunter read the following press release regarding the Terrell property that adjoins the landfill:

PRESS RELEASE FOR IMMEDIATE RELEASE

NOVEMBER 30, 2007

Surry County Board of County Commissioners RE: Surry County, Plaintiff vs. Donald and Faye Terrell The Surry County Board of County Commissioners wishes to reassure the public that it has diligently, compassionately, and fairly communicated with Mr. and Mrs. Terrell over the past several years regarding the County’s need of their property for a planned expansion of the Surry County Landfill. The Board of County Commissioners has tried repeatedly to reach an amicable purchase of the Terrell property whereby the Terrell’s could remain on the property as they prepared to relocate to a new home. The Board of County Commissioners reluctantly exercised its power to condemn the property after it was apparent no reasonable resolution could be reached between the two parties. Three independent appraisals were commissioned, two by the County and one by the Terrells. Surry County threw out the low appraisal and averaged the two highest appraised values. The Board of County Commissioners tendered $653,000.00 to the Terrells as just compensation and market value for their property. The amount tendered to the Court was withdrawn by the Terrells and is $73,000.00 higher than the highest appraisal obtained by the County which was submitted by a unbiased licensed appraiser. Later at Court Ordered Mediation, in an effort to settle the suit, the County offered to allow Mr. and Mrs. Terrell to remain on the property during construction of their new home and to pay the Terrells the sum of $725,000 for the property, an amount identical to the valuation submitted by the Terrell’s own appraiser. The offer was rejected by the Terrells and their Attorneys. The Board of County Commissioners has a fiduciary responsibility to the citizens of Surry County to spend tax dollars responsibly and for the benefit of all citizens. The County will continue its dialogue with the Terrells, through their Attorneys, to reach a reasonable and fair settlement. However, the County is placed in a difficult position when a party has unreasonable expectations as demonstrated by the Terrells’ refusal to take an offer based upon their own appraisal. The Board of County Commissioners continues to hold out hope that this matter can be settled fairly without further disruption to the Terrells.

Meeting of December 3, 2007 Continued 8794

Exercising the power of condemnation is not an action the Board took lightly, and was taken only as a last resort with the greater public need in mind. _______________________________________ Chairman Hunter then declared the meeting to be an open forum and invited members of the audience to address the Board on any matters of civic concern. Mike Branch, Granite City Rods, requested to continue using the parking lot at the Human Services Center for a cruise-in every fourth Saturday night. Funds raised go toward helping those in need. Upon motion of Commissioner Miller, seconded by Commissioner Hamlin, the Board voted unanimously to allow the Granite City Rods Club to continue use of the Human Services Center parking lot. Commissioner Johnson stated that the Pilot Knob Volunteer Fire Department wanted to thank the Board of Commissioners for working with them on various contracts. There being no additional comments, Chairman Hunter closed the open forum, and the Board resumed regular business. ______________________________________ Chairman Hunter asked the County Manager to preside over the nomination and election of the Chairman and Vice-Chairman for December, 2007 to December, 2008. The County Manager opened the floor for nominations for Chairman and called for a vote. Commissioner Miller nominated Chairman Hunter. There were not other nominations. Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted to close the nomination and elect Chairman Hunter as the Chairman by acclamation. The County Manager then declared that Chairman Hunter had been elected as Chairman for 2008.

The County Manager opened the floor for nominations for Vice-Chairman and called for a vote. Commissioner Johnson nominated Commissioner Miller. There were not other nominations. Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted to close the nomination and elect Commissioner Miller as the Vice-Chairman by acclamation. The County Manager then declared that Commissioner Miller had been elected as Vice-Chairman for 2008. _______________________________________

Meeting of December 3, 2007 Continued 8795

Jo Ann Larkins, Executive Director, Yadkin Valley Economic Development District (YVEDDI)and staff, gave a brief history on YVEDDI, addressing the following programs: Administration, Community Services, Transportation, Weatherization Assistant Program, Heating Appliance Repair and Replacement Program, Elderly Services and Head Start. Ms. Larkins also discussed the strengths and challenges that YVEDDI faces. _______________________________________ Jack Gardin, Water and Sewer Projects Coordinator, reviewed the Rural Center Grant application, resolutions, Supplemental Application, Memorandum of Understanding, project budget and a rate schedule for the Forrest Oaks/Surry Acres water project. Mr. Gardin and the County Attorney also discussed some proposed changes to the contract between the Town of Dobson and the County of Surry to provide water services to selected areas outside of the existing Town of Dobson service area. The County Attorney stated that he was satisfied with the last version of the contract. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve the following resolutions and approve all the presented agreements and the water and sewer contract and interlocal agreement between the Town of Dobson and the County of Surry.

AUTHORIZING RESOLUTION BY COUNTY COMMISSIONERS OF SURRY COUNTY

WHEREAS, In the summer of 2007, the North Carolina General Assembly included a $100 million appropriation to the North Carolina Rural Economic Development Center in the FY2007-2009 state budget, for the purpose of making grants to rural communities in need of water and wastewater infrastructure improvements; and

WHEREAS, Surry County has need for and intends to

construct or rehabilitate a publicly-owned treatment works or an alternate wastewater system, for wastewater collection systems or for water supply and distribution systems, project described as Forrest Oaks/Surry Acres Water Project which will involve providing water service to a 96 household area and will consist of installing 8, 6, and 2 inch lines, 18 hydrants and related construction costs and

WHEREAS, Surry County intends to request grant

assistance from the Supplemental Grants Program for the project;

NOW THEREFORE BE IT RESOLVED, BY THE BOARD OF

COMMISSIONERS OF THE SURRY COUNTY:

That Surry County will arrange financing for all remaining costs of the project, if approved for a grant.

Meeting of December 3, 2007 Continued 8796

That Surry County will provide for efficient operation and maintenance of the project on completion of construction thereof.

That R. Craig Hunter, Chairman Board of Commissioners, and successors so titled, is hereby authorized to execute and file an application on behalf of Surry County with the NCREDC (Rural Center) for a grant to assist in the construction of the project described above.

That R. Craig Hunter, Chairman Board of Commissioners, and successors so titled, is hereby authorized and directed to furnish such information as the Rural Center may request in connection with such application or the project; to make the assurances as contained above; and to execute such other documents as may be required in connection with the application. That Surry County has substantially complied or will substantially comply with all Federal, State, and local laws, rules, regulation, and ordinances applicable to the project and to the grants pertaining thereto.

RESOLUTION ON COMMITMENT OF LOCAL FUNDS

WHEREAS, Surry County has determined that the Forrest Oaks/Surry Acres community has a public health need in regards to drinking water, and

WHEREAS, the North Carolina General Assembly

appropriated $100,000,000 to the North Carolina Rural Economic Development Center for the purpose of making grants to rural communities in need of water and wastewater infrastructure improvements, and

WHEREAS, Surry County wishes to apply for $500,000 of

Supplemental grant funding through the Clean Water Partners’ Infrastructure Program from the NC Rural Center, and

WHEREAS, the funds sought will benefit 96 households

whose drinking water source is contaminated, NOW THEREFORE BE IT RESOLVED, THAT SURRY COUNTY DOES

COMMIT A MATCHING $553,000 TO THE FORREST OAKS/SURRY ACRES WATER PROJECT AND FURTHER RESOLVE THAT R. CRAIG HUNTER OR HIS SUCCESSORS BE AUTHORIZED TO SIGN AND SUBMIT ALL APPROPRIATE DOCUMENTS FOR FUNDING OF THIS PROJECT AND THAT JACK GARDIN BE DESIGNATED THE PROJECT CONTACT.

RESOLUTION ADOPTING RATE SCHEDULE FOR FORREST OAKS/SURRY

ACRES WATER SYSTEM

WHEREAS, Surry County is applying for funding to construct a public water system for the Forrest Oaks/Surry Acres community and

WHEREAS, the County wishes that the project be cost

effective and self-sub staining, and

Meeting of December 3, 2007 Continued 8797

WHEREAS, the County wishes to promote the goal of residential water use conservation and

WHEREAS, Surry County sets its rates for water use by

adopting a rate schedule, which may be amended from time to time.

NOW THEREFORE BE IT RESOLVEDTHAT THE SURRY COUNTY

BOARD OF COMMISSIONERS ADOPT FOR THE FORREST OAKS/SURRY ACRES SYSTEM THE FOLLOWING RATE SCHEDULE:

Base Charge $22.00 0-2000 $4.95 per 1000 gal 2001-4000 $5.69 per 1000 gal 4001-6000 $6.54 per 1000 gal 6001-8000 $7.52 per 1000 gal 8001-10000 $8.27 per 1000 gal 10000 + $9.51 per 1000 gal All bills will be charged on a monthly basis. All customers shall pay at least a minimum bill equal to the base charge and 2000 gal usage. Deposits shall be charged at the rate equal to two months minimum bill. Connection fees shall be equal to $600 for a standard ¾ residential connection. Larger connections will be charged at cost of installation.

CONTRACT BETWEEN THE TOWN OF DOBSON AND THE COUNTY OF SURRY TO PROVIDE

WATER AND SERVICES TO SELECTED AREAS OUTSIDE OF THE EXISTING TOWN OF DOBSON SERVICES AREA

THIS INTERLOCAL MUNICIPAL AGREEMENT is made and

entered into as of the day of December, 2007, by and between the TOWN OF DOBSON, a North Carolina Municipal Corporation, hereinafter sometimes referred to as “Dobson”, party of the first part, and the COUNTY OF SURRY, a political subdivision organized and existing under the laws of the State of North Carolina, hereinafter sometimes referred to as the “County”, party of the second part; WHEREAS, the Town of Dobson has made substantial investments in water treatment and waste water treatment facilities dating from 1967 for water and 1964 and 1994 for sewer and the Town has unused capacity available to treat additional water and wastewater; and WHEREAS, Dobson has installed and maintains existing water mains and lines outside of the corporate limits of the Town at its sole expense and may continue to install such service lines in the future (Dobson’s Service Area); WHEREAS, the Town has excess water and sewer capacity which it is willing to make available to provide services to additional customers, and to provide additional income to the Town; and WHEREAS, the County presently has no separate water supply, water treatment facilities, nor a distribution system, but the County has determined that there exists a vital public

Meeting of December 3, 2007 Continued 8798

health need in the County to expand water and sewer service; and WHEREAS, the County and the Town have determined that expanding water and sewer service beyond Dobson’s existing Service Area will: (1) facilitate commercial development and provide needed municipal services to existing and future area residents and commercial enterprises; (2) allow for planned economic development and growth; and (3) bring economic benefit to the people of Dobson and Surry County; and WHEREAS, the County of Surry desires to partner with the Town of Dobson to provide water and sewer services as needed to areas outside the Town’s exiting service area which may be connected to and served by the Dobson treatment facilities; and WHEREAS, the County completed a County-wide Water and Sewer Master Plan in 2001 and is currently updating that plan, in anticipation of creating one or more additional water and sewer districts; and WHEREAS, the County is also undertaking a water systems feasibility analysis to determine where other water facility investments can be justified; and WHEREAS, the Town and the County both recognize that each locality must be able to receive a reasonable return on investment in order to justify further investment in water and sewer facilities and services; and WHEREAS, the County desires to purchase an additional supply of treated water from the Town under the terms and conditions contained in this Agreement; and, the Town of Dobson is willing to provide an additional supply of treated water to the County under the terms and conditions contained in this Agreement. WHEREAS, in furtherance of these goals, the Town and the County have agreed to execute this Agreement as a framework for the extension of water and sewer service outside of the existing Dobson Service Areas; and WHEREAS, it is agreed that the Town and the County contemplate entering into project-specific agreements in the future, and that such future agreements will be in furtherance of and consistent with the framework established herein as the same may be amended from time to time; and WHEREAS, the Town and the County both recognize that selected joint investments in water and sewer will accrue to their mutual benefit. NOW, THEREFORE, IT IS AGREED as following:

1. Sale of Treated Water or Sewer for Service to Areas Outside the Town’s Existing Service Area. For water or sewer service to areas outside the existing Dobson service area, the Town shall establish an initial wholesale rate of $ 1.90 per 1,000 gallons for water and $ 1.95 per 1,000 gallons for sewer as initial wholesale rates to the County, and the Town

Meeting of December 3, 2007 Continued 8799

further agrees to retain the treatment capacity and raw water necessary to provide the County a minimum of an annual average of up to 200,000 gallons of treated water per day and up to 20,000 gallons of sewer treatment capacity per day for resale by the County to areas outside of the Dobson Service Area. It is also agreed that the wholesale rates charged to the County will change according to the in-town rates charged by the Town for water and sewer service. Likewise, the settings of meters and tap fees charged to the County shall be charged at the same rates as those charged to out-of-town customers. The Town agrees to furnish the County with treated water or sewer at a point of delivery specifically agreed upon by the parties during the term of this contract and any renewal or extension hereof. Master meters may be set at the points of delivery by the Town and/or the County. It is the intent of the Parties that Town shall own the utility lines (and be solely responsible for maintenance, insurance, repair and replacement) from the point of treatment to the agreed upon location of the master meter. From the master meter to areas of service outside of Town’s service area, County shall own (and be solely responsible for maintenance, insurance, repair and replacement, though those activities may be contacted to the Town) the utility lines.

2. Services to Areas Outside Existing Service Areas. Except as provided herein, water and sewer service to areas outside the existing Dobson Service Area shall be provided by the County either through the creation of Water and Sewer Districts or such other means as the County deems appropriate.

If the County is unable or unwilling to provide an extension of service, the Town will have the option to make such extension of service, and utilize the County’s utility lines in providing municipal services to potential customers inside or outside the corporate limits of Dobson but within Surry County, such as in the case of a satellite annexation. If the Town makes such extension of services at its own expense, the utility lines and any user fees generated thereby shall inure to the Town. In the event that such extension of services is the result of a voluntary or involuntary contiguous or satellite annexation, the Town shall be entitled the right of conduit (connection to County lines to serve newly annexed areas) upon written request to County and upon certification that the areas sought to be served by way of conduit are subject to pending voluntary or involuntary contiguous or satellite annexation and provided that:

(a) Dobson, at its sole expense, provides for such additional metering device acceptable to the County, and placed at a point acceptable to the County, or other procedure which will accurately measure the difference in treated water flow. The County shall not unreasonably

Meeting of December 3, 2007 Continued 8800

withhold its approval to a metering device nor point of placement.

(b) Dobson shall assure delivery of treated

water to the County upon the terms of this Agreement without diminished flow except in the case of emergencies as provided herein.

Any subsequent annexation by the Town of areas served by County’s distribution system or by a District created by the County, would result in either: (1) compensation by the Town to the District or County for such investment, or (2) provide for the District or the County to continue operating such distribution system(s) consistent with the terms of this agreement. Compensation for acquisition of improvements by Town as a result of annexation would be determined by a jointly selected third party auditor, or by such other method that is mutually agreed upon.

3. Economic Development. The County and the Town agree that a primary objective for expanding water and sewer facilities is economic development and growing the tax base of the County and the Town. To this end, the County will strive to develop and support economic development and industrial parks within the water and sewer service area and will support annexation of such properties by the Town where such action is practical.

4. Quality of Water.

Dobson shall be responsible for the finished treated water leaving its Water Treatment Facility to the point of delivery at the master meter meeting the North Carolina Safe Drinking Water Act standards and the regulations established in the North Carolina Rules Governing Public Water Systems (NCAC 15A (18C)) and any amendments thereto. Thereafter County shall be responsible for water quality and delivery, which may result in additional pumps, chlorination stations and/or further treatment of water that it deems necessary or desirable.

Likewise, the Town shall accept waste water meeting

its regulations and requirements for treatment at the Town’s waste water treatment plant, not to exceed the quantity identified above, except by mutual agreement or consent.

5. Transmission and Treatment Services.

The transmission and treatment of water and sewer shall be provided by the Town of Dobson facilities.

6. Water Pressure. The Town agrees that water will be furnished at reasonably constant pressures estimated to be not less than 40 pounds per square inch and delivered through existing mains and bulk water meters. Town shall be responsible for water pressure to the point of

Meeting of December 3, 2007 Continued 8801

delivery to the master meter. Thereafter County shall be responsible for water pressure and delivery which may result in needed pumps, tanks and/or additional hardware. Emergency failures of pressure or supply due to main supply line breaks, power failures, flood, fire and use of water to fight fire, earthquake or other catastrophe shall excuse the Town from this provision for such reasonable period of time as may be necessary to restore service.

7. Accuracy of Meter Readings. The previous readings of any meter disclosed by test to be inaccurate shall be corrected for the three months previous to such test in accordance with the percentage of inaccuracy found by such tests. If any meter fails to register for any period, the amount of water furnished during such period shall be deemed to be the amount of water delivered in the corresponding period immediately prior to the failure unless the Town and County agree otherwise. An appropriate official to the Town and County shall have access at all reasonable times to the meter(s) for the purpose of verifying its readings.

8. Billing Procedures. The Town shall furnish the County no later than the 5th day of the month with an itemized statement of the amount of water and/or furnished to the County, if any, during the preceding 30-day period.

By mutual agreement of the parties, the Town may provide operational services for these systems, including but not limited to meter readings, line repair, setting new meters and taps, exercise of the system, care of hydrants, billing and collections, processing applications for new service, disconnect and reconnect orders, and several other tasks as may be reasonable or necessary for the operation of a water system (collectively the “operational services”). The fee for such operational services shall be determined by mutual agreement of the parties and shall be in addition to the charges for bulk water purchases set forth herein. In the event that the Town is required to purchase new computer equipment or billing software to handle these operational services, the County will reimburse the Town for such expense as the parties may agree.

9. Payment. The County agrees to pay the Town not later than the 15th day of the month for water delivered, if any, in the preceding monthly billing period.

10. Expansion of Treatment Facilities. It is recognized that the Dobson water and sewer plants have the following levels of current usage and capacity:

Current Usage Capacity

Water 0.9 mgd 1.5 mgd

Meeting of December 3, 2007 Continued 8802

Sewer 0.2 mgd .35 mgd It is also acknowledged that under DENR guidelines, planning must commence for an expansion of capacity when current usage reaches 80% of capacity, or 280,000 gd, for the sewer plant. Therefore, the County acknowledges and accepts responsibility with the Town to undertake a Section 201 Wastewater Facility Needs Study. The County will pay 80% of the cost of the study up to $80,000 with the Town of Dobson paying 20% up to $20,000. The County will fully participate financially in its proportionate share of the cost to develop such added capacity when needed.

Likewise, in the event that the Town and the County determine that it is in the public interest to proceed with any construction, reconstruction, refurbishing, rehabilitation, additions, or alterations to the Water Treatment Facility in accordance with the November 2007 Capital Improvement Plan, the Town and the County agree to pay a proportionate share of the costs as set forth below. The proportionate share of costs will be determined by the projected capacity needs as determined by the November 2007 Capital Improvement Plan commissioned by the County, as it is updated, from time to time, to keep pace with projected growth. The parties shall determine the estimated proportion of additional capacity that is needed to serve one or more Water and Sewer Districts that may be created by the County. The County’s share of the capital cost to expand water and/or sewer capacity shall be the proportion of District’s projected usage to the total project cost. The Town’s share of the capital cost to expand water and/or sewer capacity shall be the proportion of Town’s projected usage to the total project cost. Creation of one or more Water and Sewer Districts in the Dobson area by County is a prerequisite to liability for costs under this section.

11.New Connections. The County agrees to collect from the end user all cost associated with any new connections located outside the existing service area and to remit any portion of such charges due to the Town.

12.It is further mutually agreed between the Town and the County as follows:

a. Term of Contract. That this contract shall extend for a term of 40 years from the date of this agreement (to comply with USDA guidelines) and, thereafter may be renewed or extended for such term, or terms, as may be agreed upon by the Town and County, via formal amendments to the contract or other mutually agreed upon methods.

b. Delivery of Water.

That 30 days prior to the estimated date of completion of construction for the County water supply distribution system, the County will

Meeting of December 3, 2007 Continued 8803

notify the Town in writing the date for the initial delivery of water.

c. Failure to Deliver.

That the Town will, at all times, operate and maintain its system in an efficient manner and will take such action as may be necessary to furnish the County with quantities of water required by the County as outlined in this contract. Temporary or partial failures to deliver water shall be remedied with all possible dispatch. The parties acknowledge that water is a natural resource, the supply of which is subject to acts of both God and man. The parties further recognize that while each enters this Agreement in good faith, and in expectation that no event of either God or man will interfere with the desires and intentions of the parties, such can occur. The County acknowledges that, in the case of drought, severe pollution, or other catastrophic failure, Dobson may not be capable of providing water commensurate with the terms of this Agreement. To such end, the County agrees that in any event of severe pollution or drought, or catastrophic failure, the parties shall cooperate to make joint decision(s) as to transmission or non-transmission of water commensurate with the health, safety, and welfare of their respective citizens and water customers.

d. Modification of Contract.

That the provisions of this contract pertaining to the schedule of rates to be paid by the County for water delivered are subject to modification from time to time. Any increase or decrease in rates shall be based on a demonstrable increase or decrease in the costs of performance hereunder, but the costs shall not include increased capitalization of the Town’s system unless capitalization is directly related to sale of water to the County due to necessary increase of volume of water required by the County.

e. Regulatory Agencies.

This contract is subject to such rules, regulations, or laws as may be applicable to similar agreements within North Carolina, and the County will collaborate with the Town in obtaining such permits, certificates, or the like, as may be required to comply therewith.

f. Successor to the County.

In the event that the County transfers water and sewer responsibilities to another agency or entity, or any occurrence rendering the County incapable of performing under this contract, any successor of the County, whether the result of legal process, assignment, or otherwise, that agency or entity shall succeed to the rights of

Meeting of December 3, 2007 Continued 8804

the County hereunder, with the understanding that the Town shall be given the opportunity of first refusal for the purchase of any such system(s). This provision is not applicable to an authority, district or other entity created by the Surry County Board of Commissioners.

g. Notifications to the County.

That in the event the Town makes adjustments the Bulk Water Charges the Town shall notify the County a minimum of 30 days prior to any rate adjustments. To the extent practicable this notification shall occur 30 days prior to the County’s Fiscal Year End (ending June 30th of each calendar year).

h. Adjustments or Credits of Monthly Charges.

The County agrees to allow adjustments to be made to any monthly bill based upon catastrophic events such as fire, natural disaster, malfunctioning metering equipment or major water main failures. Any adjustments or credits to the County shall be mutually agreed upon by the Town and County.

i.Town recognizes that it is solely responsible for its employee’s behavior.

Accordingly, Town agrees to indemnify and hold County harmless from all costs, losses, liabilities and expenses incurred by County with respect to such matters, including, but not limited to claims arising from Town’s employees’ inappropriate behavior, negligence, dishonestly, slander or theft. County recognizes that it is solely responsible for its employee’s behavior. Accordingly, County agrees to indemnify and hold Town harmless from all costs, losses, liabilities and expenses incurred by Town with respect to such matters, including, but not limited to claims arising from County’s employees’ inappropriate behavior, negligence dishonestly, slander or theft.

13.00 GENERAL PROVISIONS

13.1 Modification of this Agreement shall be in writing, signed, duly executed by the parties hereto, and kept on file with the original agreement.

13.2 Any offer, notice, election, or other

communication, which any party hereto may be required or desire to give to any other party, shall be in writing and shall be considered delivered when deposited in the United State’s mail, certified with postage prepaid, addressed to the last known address of the parties as shown below:

Meeting of December 3, 2007 Continued 8805

13.3 The parties agree that the terms and provisions of this Agreement shall be construed in accordance with the laws of the State of North Carolina.

13.4 This Agreement contains the entire agreement

between the parties. There is merged herein all prior and collateral representations, promises, and conditions in connection with the subject matter hereof. Any representation, promise or condition not incorporated herein shall not be binding upon either party.

13.5 This Agreement shall be binding upon and inure to

the benefit of the parties and their permitted assigns.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their respective names by their duly authorized officers, all as of the date written below.

Inter-local Agreement Between Surry County

And Town of Dobson

This agreement entered into this 29th day of November, 2007 by and between the Town of Dobson and Surry County.

Witnesseth

Whereas, Surry County has determined that there exists a public health need and/or a need in terms of safe drinking water for selected areas around the Dobson area namely the Forrest Oaks and Surry Acres Communities; and Whereas, Surry County is applying for funding to construct a public water system for these areas; and Whereas, the Town of Dobson and Surry County have entered an agreement whereby Dobson will provide water to Surry County for the project for these areas; and Whereas, the County wishes the project to be cost effective and self-sustaining; and Whereas, the Town and County agree that such a project will provide for the health and safety of current and future residents of these areas as well as provide needed services; and Whereas, the Town and County agree that the project will facilitate an orderly pattern of development. Now, Therefore, Be It Resolved, based upon mutual undertakings, obligations and commitments set forth in this instrument and other good and valuable consideration, the legal sufficiency of which is hereby acknowledged, the parties do hereby contract and agree as follows:

Scope of Service

Meeting of December 3, 2007 Continued 8806

1. As stated in the contract for purchase of water by Surry County from the Town of Dobson, the Town agrees to furnish the County with water at the point of delivery specifically agreed upon. Portable water shall meet the purity standards applicable to the State of North Carolina Rules Governing Public Water Systems NCAC 15A(18c). Transmission and treatment of water shall be provided by the Town of Dobson facilities. The Town agrees that water will be furnished at reasonably constant pressure estimated to be no less that 40 psi and delivered through existing mains.

2. By agreement, the Town shall provide operational services for these systems. These services shall include but not be limited to meter readings, line repair, setting new meters and taps, exercise of the system, care of hydrants, billing and collections, processing applications for new service, disconnect and reconnect orders and several other tasks as may be reasonable or necessary for the operation of a water system. Likewise, the setting of meters and tap fees charged to the County shall be charged at the same rates as those charged to in-town customers.

3. The fee for these services will be paid on a monthly

basis per active customer account in the amount of $7.00 per active account. The amount will be paid concurrent with the payment for bulk water purchases. Should the Town have to make changes to any billing programs in order to meet these obligations due to the rate structure of the County, then the County will pay for the cost involved.

4. Monthly Remittance and Reporting

The Town shall remit by the 28th day of the month the actual collections for these water and/or sewer services from the customers to the County on a monthly basis. In addition, the Town will provide summarized financial information to the County or District disclosing billing, collections, revenue and expense activity handled by the Town for the County.

5. This agreement may be amended by written notice authorized by the appointed agents or governing bodies of each party and signed by same. The agreement may be terminated upon 180 days written notice by either party.

In witness whereof, the parties have caused this agreement to be executed in their respective names by their duly authorized officers, all as of the date written below.

_______________________________________ Jack Gardin, Water and Sewer Projects Coordinator, presented information to the Board from a September 20, 2007 workshop sponsored by the North Carolina Rural Center. The title of the workshop was Getting Success with your Consulting Engineer. Mr. Gardin reviewed in some detail the agenda of the workshop and the various topics presented. He especially elaborated on the topic of financial planning.

Meeting of December 3, 2007 Continued 8807

_______________________________________ Jack Gardin, Water and Sewer Projects Coordinator, presented the findings from the Preliminary Engineering Report for the Interstates Water and Sewer District concerning the Wetlands Treatment System. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to approve the Preliminary Engineering Report. _______________________________________ Chairman Hunter informed the audience that it was time for the special recognition portion of the agenda. The following individuals were recognized: Cathy Booker, Tax Administrator, for winning the 2007 NCAAO County Jurisdictional Award in Recognition for Outstanding Achievement and Tax Administration. John Shelton, Emergency Services Director, for winning the Colonel Phillip Nichols Waters Award for Outstanding Achievement in Emergency Management. _______________________________________ Adam McComb, Parks and Recreation Director, updated the Board on the Mountain Park Community PARTF Grant. Mr. McComb stated that planning for the project is nearing completion. Mr. McComb requested that a total bid package will be assembled and advertised for bid by the end of December. Mr. McComb also discussed a canoe access located on the Mitchell River. The access is approximately one mile from the Mountain Park Community Park. Dick Everhart has been negotiating with the guardian of Mrs. Hendren, current landowner of the proposed canoe access. Mr. McComb requested that an offer be made to Mrs. Hendren’s guardian for the purchase of 3.324 acres of land with a value estimated at $2,700 per acre for an approximate cost of $8,974.80. The funds would come from the Parks and Recreation Greenway budget. Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to move forward with the bid process and purchase the 3.324 acres of land for canoe access. Chairman Hunter requested the construction and canoe access be completed on or before May 1, 2008. _______________________________________ Cathy Booker, Tax Administrator, addressed the Board regarding Surry County being awarded $10,517 to apply to the cost of new orthophotos. Ms. Booker has a quote from an orthophotography vendor in the amount of $66,100 for a new orthophotography flight project. Ms. Booker also stated that the remaining amount of $55,583 is eligible to be dispersed through the E911 fund account. Ms. Booker requested acceptance of the $10,517 award from the North Carolina OneMap and permission to mail out the Request for Qualification to orthophotography vendors. Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to accept

Meeting of December 3, 2007 Continued 8808

the $10,517 grant funds, send out request for qualification and fund up to $55,600 of the orthophotography from the E911 funds. If the orthophotography exceeds $55,600, the Tax Administrator will need to come back to the Board to seek additional funding. _______________________________________ The County Manager discussed the Elkin City Schools facility needs and funding request that was tabled at the November 17, 2007 meeting. The Board discussed the funding requests. Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to fund the completion of Elkin High School Phase IB – Stairtower/Bathroom, Child Nutrition storage in the amount of $411,325. If the funding exceeds $411,325, the remainder will need to be paid by the Elkin City Schools. The Board will revisit the cost of the design of the Elkin High School Phase II and of the location and removal of all hazardous material from the 1935 structure in January 2008 during a Board retreat. _______________________________________ The County Manager addressed the Board regarding the City of Mount Airy requests to the North Carolina Department of Transportation for a speed limit in the area in front of Reeves Community Center to 25 mph, the installation of a flashing “signal ahead” sign south of the intersection of Renfro and Cherry Streets. Upon motion of Commissioner Hunter, seconded by Commissioner Hamlin, the Board voted unanimously for the County Manager to write a resolution supporting the City of Mount Airy’s requests to the North Carolina Department of Transportation. _______________________________________ The County Manager addressed the Board regarding State Emergency Management creating a Disaster Preparedness Committee to address regionalized funding needs through Homeland Security Grants. The State Emergency Management asked that Surry County nominate professionals to represent the County. John Shelton recommended Sheriff Graham Atkinson to represent the Sheriff’s for the region as the primary selection and David Stone to represent the Health Department as an alternate. Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to approve staff to participate on the Disaster Preparedness Committee. _______________________________________ The County Manager summarized the School Technology Grant Applications and stated that 24 requests were submitted with total requests in the amount of $233,171. Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to fund the requests in the amount of $233,171. _______________________________________

Meeting of December 3, 2007 Continued 8809

The County Manager addressed the Kapp Street extension. The County Manager had received a survey and plans. Mr. Sammons stated that an agreement was needed with the property owner on his financial participation. It was the consensus of the Board for Commissioner Hamlin and Commissioner Miller to work out the details of the agreement and bring back to the Board. _______________________________________ The County Manager addressed the Board regarding an application to the EDA for the Regional Tourism Initiative. The application will be filed on or around December 14, 2007. Mr. Sammons presented a resolution requesting authorization to sign all documents. Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to approve the following resolution:

RESOLUTION

WHEREAS, Surry County, North Carolina, is a member of the Northwest North Carolina / Southwest Virginia Regional Tourism Initiative; and

WHEREAS, The Surry County Board of Commissioners supports the economic development purposes of the Regional Tourism Initiative; and

WHEREAS, the Surry County 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 the Regional Tourism Initiative;

NOW, THEREFORE BE IT RESOLVED: The Surry County Board of Commissioners, by action taken on November 8, 2007, hereby endorses the Pre-application for Funding Assistance from the U.S. Economic Development Administration. _______________________________________ The County Manager gave a status report on the Permitting and Health Clinics Center. Mr. Sammons stated that there are grant searches, in the amount of $325,000, for dental equipment. The grants will be decided upon in late January, 2008. The Board discussed the entranceway to the Permitting and Health Clinics Center. It was the consensus of the Board for the County Manager to obtain estimates on a brick entrance shelter, and a brick air lock as an alternate. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to go into closed session to discuss personnel and legal matters with the County Attorney. _______________________________________

Meeting of December 3, 2007 Continued 8810

The Board came out of closed session and resumed regular business. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Johnson, the Board voted unanimously to approve the following personnel requests:

Approve a one-step merit for employee in position #516706 in the Health and Nutrition Center.

Approve an Amendment to the Personnel Ordinance adopted on November 3, 2003 by making the following addition to Appendix A, Position Classification Plan, effective December 1, 2007, contingent upon final approval from State Personnel:

Add Public Health Educator II to Grade 69. Reclassify position #519102 to a Public Health

Educator II and move the employee in the position to Grade 69-10.

Approve employee in position #516304 to be interim Public Health Nursing Supervisor I in adult health and receive an approximate 10% increase during the interim period.

________________________________________ The County Manager discussed a request from the Sheriff’s Office regarding utilizing 1,788 sq. ft. of space on the lower floor of the Historic Courthouse. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve the Sheriff’s Office to use space at the Historic Courthouse with improvements cost estimated at about $5,200. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board vote unanimously to recess until December 10, 2007 to hold a joint meeting with the Surry County Board of Education to discuss school property selection. The meeting will take place at 6:00 p.m. at the Dobson Elementary School Media Center. The meeting ended at 9:55 p.m. _______________________________________ _____________________ Conchita Atkins Clerk to the Board

8811

Surry County Board of Commissioners Meeting of December 10, 2007

The Surry County Board of Commissioners met in a reconvened session at 6:00 p.m. on December 10, 2007 for a joint meeting with the Surry County Board of Education. The meeting was held at the Dobson Elementary School Media Center, Dobson, North Carolina. The meeting was held for the purpose of review and pricing of specific prospective sites for public school sites in the Dobson, Copeland, and Pilot Mountain areas. Board members present for the meeting were Chairman Craig Hunter, Vice-Chairman Jimmy Miller, Commissioner Bill Hamlin, Commissioner Jim Harrell, Jr. and Commissioner Paul Johnson. Others present for the meeting were: Macon C. Sammons, Jr., County Manager

Betty Taylor, Assistant County Manager for Budget and Finance Dr. Ashley Hinson, Surry County Schools Superintendent Surry County School Board Members and Staff Fred Johnson, School Board Attorney Tom Balke, Little and Associates and Staff Tim Dockery, Crown Companies

News Media Other Citizens _______________________________________ Chairman Craig Hunter called the reconvened meeting to order and gave the invocation and pledge. _______________________________________ Commissioner Harrell entered the meeting at 6:05 p.m. _______________________________________ Chairman Hunter asked School Board Attorney Fred Johnson if it is appropriate to discuss specific terms of school site purchases in closed session. Attorney Johnson indicated that the discussion was appropriate for closed session based on North Carolina General Status 143-318.11(a) 5. _______________________________________ Tom Balke, Little and Associates Architects, introduced the architectual team engaged by Surry County Schools. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to go into closed session. _______________________________________ Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to come out of closed session and resume regular business at 8:20 p.m. _______________________________________

Meeting of December 10, 2007 Continued 8812

Upon motion of Commissioner Johnson, seconded by Commissioner Hamlin, the Board voted unanimously to go into closed session to discuss a prospective economic development investment. _______________________________________ The Board came out of closed session and resumed regular business. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to adjourn at 8:37 p.m.

_______________________________________ _____________________ Macon C. Sammons, Jr. County Manager

8813

Surry County Board of Commissioners Meeting of December 17, 2007

The Surry County Board of Commissioners met in regular session at 6:00 p.m. on December 17, 2007. The meeting was held in the County Commissioners’ Meeting Room, Surry County Government Center, Dobson, North Carolina. Board members present for the meeting were Chairman Craig Hunter, Vice-Chairman Jimmy Miller, Commissioner Bill Hamlin, Commissioner Jim Harrell, Jr. and Commissioner Paul Johnson. Others present for the meeting, at various times, were: Macon C. Sammons, Jr., County Manager Conchita Atkins, Clerk to the Board

Betty Taylor, Assistant County Manager for Budget and Finance Chris Knopf, Assistant County Manager for Economic Development & Tourism/Planning Director Sandy Snow, Human Resources Officer Adrienne Dollyhigh, County Planner Adam McComb, Parks and Recreation Director

News Media Other Citizens ________________________________________ Chairman Craig Hunter called the meeting to order. Commissioner Jimmy Miller delivered the invocation and led the Pledge of Allegiance. ________________________________________ Chairman Hunter requested the Board to consider the minutes of the December 3 & 10, 2007 meetings. Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to approve the minutes. _______________________________________________ Chairman Hunter requested that the Board consider the consent agenda. Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to approve the following consent agenda items: Requests by the County Manager:

1. Approve the following from the Tax Department: Total releases for the month ending 11/30/2007 in

the amount of $8,521.68. Total refunds for the month ending 11/30/2007 in

the amount of $7,207.05. Total real and personal property discoveries for

the month ending 11/30/2007 in the amount of $14,990.77.

Total motor vehicles discoveries for the month ending 11/30/2007 in the amount of $2,180.24.

Collect September 2007 motor vehicle renewals in the amount of $341,755.27.

2. Approve transport charges for BLS Emergency, ALS2 and Specialty Care for the Medicare Ambulance fee schedule.

Meeting of December 17, 2007 Continued 8814

3. Approve the Health and Nutrition Center to apply and accept phase II of funding of the Tobacco – Free College Initiative Grant.

4. Approve the Health and Nutrition Center Private Pay Fees for Senior Services.

5. Approve Public Works to receive $9,191.70 for a security system for the landfill.

Requests from the Assistant County Manager for Budget and Finance:

1. Approve Emergency Services to apply and accept an

$8,000 HRSA Grant. 2. Approve Finance to transfer assets to Surry County

School under the Sales Tax Recovery Policy.

Requests from the Planning Director: 1. Approve the David F. and Jennifer Marsh Willis

final one-lot subdivision. 2. Approve the Keith E. Smith final one-lot

subdivision. ________________________________________

Chairman Hunter then declared the meeting to be an open forum and invited members of the audience to address the Board on any matters of civic concern. The Board sent their condolences to the Connie Needham East family, Senator Don East’s wife, who passed away on Wednesday, December 12, 2007. Chairman Hunter stated that the County Attorney had a prior engagement and was unable to attend the meeting. Chet Jessup requested the Board consider adopting a resolution honoring fallen Officer Henry Dow Kennedy. Upon motion of Commissioner Johnson, seconded by Commissioner Hamlin, the Board voted unanimously to approve the following resolution:

RESOLUTION HONORING FALLEN OFFICER HENRY DOW KENNEDY WHEREAS, Officer Henry Dow Kennedy was born in the Thurmond community of Surry County on June 29, 1910; and

WHEREAS, Officer Kennedy married Pansy Jones of the White Plains community and was a devoted husband and father to the couple’s five children; and WHEREAS, Officer Kennedy became a Mount Airy Police Officer in the early 1940’s; and WHEREAS, on the night of July 16, 1946, Officer Kennedy observed a vehicle traveling at a high rate of speed he suspected was transporting illegal liquor. Officer Kennedy attempted to conduct a traffic stop of the vehicle, but the suspect vehicle refused to stop, which resulted in a vehicle pursuit; and WHEREAS, Officer Kennedy lost control of his vehicle, struck an embankment and was thrown from the vehicle.

Meeting of December 17, 2007 Continued 8815

Critically injured Officer Kennedy was transported to the local hospital where he died from these injuries the next morning; and WHEREAS, Officer Kennedy was the first Mount Airy Police Officer to lose his life in the line of duty; and WHEREAS, Officer Kennedy was an honorable man and had the best interest of the community and those he sought to serve at heart. NOW, THEREFORE BE IT RESOLVED, the Surry County Board of Commissioners honor Officer Kennedy by supporting the naming of the Surry Community College Driving Track in memory of Officer Kennedy and support the erection of signage designating the driving track the “Officer Henry Dow Kennedy Emergency Services Driving Track.” Chairman Hunter recognized Sheriff Graham Atkinson and Register of Deeds Carolyn Comer who were in attendance at the meeting. Commissioner Johnson stated that individuals whose property is located near the landfill will be attending the January 7, 2007 Board meeting. Commissioner Harrell stated that he had spend Saturday, December 15, 2007 at the Children’s Center helping staff get presents for Christmas. Commissioner Johnson, Commissioner Hamlin and Commissioner Harrell attended Tom Gwyn’s retirement reception. There being no additional comments, Chairman Hunter closed the open forum, and the Board resumed regular business. ______________________________________ Chairman Hunter then declared the meeting to be a public hearing for the purpose of hearing comments on the subdivision regulations ordinance revisions. Adrienne Dollyhigh, County Planner, presented facts pertaining to the proposed subdivision regulations and ordinance revisions. Ms. Dollyhigh highlighted a list of the major changes and additions in the revision. Ms. Dollyhigh stated that the Planning Board recommends approval of the revisions. Chairman Hunter asked for comments from the public. No one spoke regarding the subdivision regulations and ordinance revisions. Chairman Hunter then declared the public hearing closed and asked the Board if they wished to take any action. Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to approve the revisions as follows:

Meeting of December 17, 2007 Continued 8816

AN ORDINANCE AMENDING THE SUBDIVISION REGULATIONS

OF SURRY COUNTY, NORTH CAROLINA

BE IT ORDAINED by the Board of Commissioners of Surry County, North Carolina, that the Subdivision Regulations of Surry County, are hereby amended by rewriting the existing Subdivision Regulations Ordinance in its entirety to read as follows:

”Subdivision Regulations Ordinance” Surry County, North Carolina

ARTICLE I. GENERAL PROVISIONS

Section 1:1 Title This Ordinance shall be known as the Subdivision Regulations Ordinance of Surry County, North Carolina. Section 1:2 Authority This Ordinance is adopted under the authority and provisions of the General Statutes of North Carolina Chapter 153A, Article 18, Part 2, Subdivision Regulations. Section 1:3 Jurisdiction Surry County shall by ordinance regulate the subdivision of land within its territorial jurisdiction. Section 1:4 Purpose The purpose of this Ordinance is to establish procedures and standards for the development and subdivision of real property within the jurisdiction of Surry County, NC, in order to: 1. Provide for the orderly growth and development consistent

with the goals, objectives and policies of the Surry County Land Use Plan.

2. Provide for suitable residential and nonresidential

subdivisions with adequate streets, utilities, and appropriate building sites.

3.Provide for the distribution of population and traffic in a manner which shall avoid congestion and overcrowding and will create conditions that substantially promote public health, safety and general welfare.

4. Provide for the coordination of transportation networks and

utilities within proposed subdivisions with existing or planned streets and highways and with other public facilities.

5. Provide for the dedication or reservation of recreation

areas serving residents of the immediate neighborhood within the subdivision and of rights-of-way or easement for street and utility purposes including the dedication of rights-of-way pursuant to G.S. 136-66.10 or G.S. 136-66.11.

Meeting of December 17, 2007 Continued 8817

6. Provide for the dedication or reservation of adequate spaces for public lands and buildings.

7. Protect and enhance environmental quality. 8. Provide for the dedication or provision of facilities for

adequate storm water drainage. 9. Provide proper land records for the protection of the

public, and for better identification and permanent location of real property boundaries.

Section 1:5 Subdivision Defined For the purposes of this Part, "Subdivision" means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions when any one or more of those divisions are created for the purpose of sale or building development (whether immediate or future), and includes all divisions of land involving the dedication of a new street or a change in existing streets. This Ordinance shall apply to new and existing subdivisions submitted to the Planning Department, approved by the Planning Board and approved by the Board of County Commissioners. The Subdivision Ordinance shall apply to subdivisions where individual lots are held for sale, lease, rent, whether improved or unimproved. The following is not included within this definition and is not subject to any regulations enacted pursuant to this Part: 1. The combination or recombination of portions of previously

subdivided and recorded lots if the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the county as shown in its subdivision regulations.

2. The division of land into parcels greater than ten (10)

acres where no street right-of-way dedication is involved. 3. The public acquisition by purchase of strips of land for

the widening or opening of streets or for public transportation system corridors. 4. The division of a tract in single ownership the entire

area of which is no greater than two acres into not more than three lots, if no street right-of-way dedication is involved, and if the resultant lots are equal to or exceed the standards of the county as shown by its subdivision regulations.

5. The division of land ordered by a court of jurisdiction in

the settlement of an estate. Surry County may provide for expedited review of specified classes of subdivisions. Section 1:6 Compliance From and after the adoption of this Ordinance, no real property lying within the jurisdiction of this Ordinance shall be subdivided except in conformance with all applicable provisions of this Ordinance. In addition, after the effective date of this Ordinance, no plat for the subdivision of land within the jurisdiction of this Ordinance shall be filed, accepted for

Meeting of December 17, 2007 Continued 8818

recording or recorded, nor shall the Clerk of Superior Court order the recording of a plat until it has been submitted and approved in accordance with the provisions of this Ordinance with the exception of the exemptions listed in Section 1:5.1-5 and/or G.S. 47-30, as amended. The provisions of Section 5:8 shall not prohibit any owner or its agent from entering into contracts to sell or lease by reference to an approved preliminary plat for which a final plat has not yet been properly approved under the Subdivision Ordinance or recorded with the Register of Deeds, provided the contract does all of the following: 1. Incorporates as an attachment a copy of the preliminary plat referenced in the contract and obligates the owner to deliver to the buyer a copy of the recorded plat prior to closing and conveyance.

2. Plainly and conspicuously notifies the prospective buyer or lessee that a final subdivision plat has not been approved or recorded at the time of the contract, that no government body will incur any obligation to the prospective buyer or lessee with respect to the approval of the final subdivision plat, that changes between the preliminary and final plats are possible, and that the contract or lease may be terminated without breach by the buyer or lessee if the final recorded plat differs in any material respect from the preliminary plat. 3. Provides that if the approved and recorded final plat does not differ in any material respect from the plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than five days after the delivery of a copy of the final recorded plat. 4. Provides that if the approved and recorded final plat differs in any material respect from the preliminary plat referred to in the contract, the buyer or lessee may not be required by the seller or lessor to close any earlier than 15 days after the delivery of the final recorded plat, during which 15-day period the buyer or lessee may terminate the contract without breach or any further obligation and may receive a refund of all earnest money or prepaid purchase price. The provisions of Section 5:8 shall not prohibit any owner or its agent from entering into contracts to sell or lease land by reference to an approved preliminary plat for which a final plat has not been properly approved under the Subdivision Ordinance or recorded with the Register of Deeds where the buyer or lessee is any person who has contracted to acquire or lease the land for the purpose of engaging in the business of construction of residential, commercial, or industrial buildings on the land, or for the purpose of resale or lease of the land to persons engaged in that kind of business, provided that no conveyance of that land may occur and no contract to lease it may become effective until after the final plat has been properly approved under the Subdivision Ordinance and recorded with the Register of Deeds. Section 1:7 Local Ordinance Officer A Subdivision Administrator who shall be appointed by the Board of County Commissioners shall administer this Ordinance. The Subdivision Administrator shall be a full-time employee of the

Meeting of December 17, 2007 Continued 8819

Department of Planning and Development, and shall administer and enforce the provision of this Ordinance, and have such other specific powers and duties as are set forth in this Ordinance. The Director of Planning and Development shall also be appointed by the Board of County Commissioners for the purpose of an appeal process, if a disagreement is reached by the owner-surveyor-developer and the primary Subdivision Administrator. To insure proper Ordinance administration the Subdivision Administrator will employ enforcement assistance from the Surry County Local Ordinance Officer. Section 1:8 Coordination of Plans This Ordinance is adopted pursuant to this Part and contains provisions setting forth the procedures to be followed in granting or denying approval of a subdivision plat before its registration. All plans, plats, and supporting documents to be submitted in connection with the procedures set forth in this Ordinance shall be submitted first to the Subdivision Administrator. The Planning Board shall develop and maintain a set of standards for the Subdivision Administrator to follow and serve as a basis for the type, size, graphic media, number of copies, information to be shown, and other such matters in regard to the maps, and documents required to be submitted in the administration of this Ordinance. Such standards may also include: standards for street, storm drainage, and utility construction plans. A listing of such standards may be appended to this Ordinance and are presumed to be necessary to satisfy the requirements of this Ordinance. However, it is recognized that each development is unique, and therefore, the Subdivision Administrator may exercise judgment in requiring less or more information, and submittals according to the needs of the particular case. This Ordinance shall provide that the following agencies be given an opportunity to make recommendations concerning an individual subdivision before the plat is approved: 1. The District Highway Engineer as to proposed State streets,

State highways, and related drainage systems. 2. The County Health Director or local public utility, as

appropriate, as to proposed water or sewerage systems. 3. The Director, NC Division of Environmental Management as to

Development Standards in the Mitchell River Outstanding Resource Water Area for subdivisions proposed for that area.

4. The North Carolina Department of Environment and Natural

Resources, Land, and Water Quality Division. 5. The Surry County Fire Marshall. 6. Any other agency or official designated by the Board of

Commissioners. Section 1:9 Administrative Fee The Board of Commissioners shall set a fee schedule for the administration of this Ordinance. The Subdivision Administrator shall be responsible for collecting such fees. All fees

Meeting of December 17, 2007 Continued 8820

relating to recording of documents shall be borne directly by the Subdivider, and be paid directly to the Register of Deeds. Section 1:10 General Definitions Unless specifically defined in this Section, words used in this Subdivision Ordinance shall have their respective customary dictionary definitions. For the purpose of these regulations certain words, terms, or phrases used herein are interpreted and defined as follows: 1. Words used in the “present tense” shall include the “future tense”. 2. Words used in the “singular” shall include the “plural” and

words used in the “plural” shall include the “singular”. 3. The words "shall" and "will" always indicate MANDATORY. 4. The words "should" and "may" always indicate OPTIONAL. 5. The word "Lot" includes the words "plot", "tract" and/or "parcel". 6. The word "building" includes the word "structure". 7. The word "person" includes a "firm”, “association”,

“organization”, “partnership”, “trust”, “company”, “corporation”, and/or “individual".

8. The word "use" includes the terms "arranged", "designed",

and/or "intended" for a use, activity, and/or purpose. 9. The term "Board of Commissioners" shall always indicate the

BOARD OF COMMISSIONERS OF SURRY COUNTY, NORTH CAROLINA. 10. The term "County Manager" shall always indicate the COUNTY

MANAGER OF SURRY COUNTY, NORTH CAROLINA. 11. The term “Planning Board” shall always indicate the SURRY

COUNTY PLANNING BOARD OF SURRY COUNTY, NORTH CAROLINA. 12. The term “Board of Adjustment” shall always indicate the

SURRY COUNTY BOARD OF ADJUSTMENT.

13. Community Facilities – Facilities provided either by government or non-government agencies for the benefit of, and use of, the community (such as recycling, open space, etc.) 14. Dedication: A gift, by the owner, or a right to the use of

land for a specified purpose or purposes. Because a transfer of property rights is entailed, dedication must be made by written instrument, and is completed with a written acceptance.

15. Easement: grant of one or more of the property rights by

the property owner of a portion of land for a specified purpose and use by the public, a corporation, or other entities.

16. Flag Lot: A lot with less lot width than a conventional lot

and composed of a narrow "flagpole" strip extending from

Meeting of December 17, 2007 Continued 8821

the street and a much wider "flag" section usually lying behind a conventional lot.

17. Family – One or more persons related by blood, adoption, or

marriage, and their foster parents, or children, or stepparents, or stepchildren, living together in a single dwelling unit; or a number of persons eighteen years or older, not exceeding four and their children or stepchildren under eighteen years of age, living together in a single dwelling unit, though not all related by blood, adoption, or marriage; and such domestic servants as are employed on the same premises. A family may include five or fewer foster children placed in a family foster home licensed by the State of North Carolina. The term family shall not be construed to include any group of persons living together as a fraternal, sororal, social, honorary, or professional organization.

For the purpose of this definition, the following persons shall be considered related by blood: (A) any relative of the head of household or of the spouse (whether living or dead) of the head of household to the third degree of collateral consanguinity, or to any degree of lineal consanguinity, as defined in State law; and (B) a parent or child by adoption, marriage, or legitimization of any person (including the head of household or spouse of the head of household) described in (A) above; and (C) a dependent, as defined in State law, of any person described in (A) or (B) above.

18. Family Subdivision Option – A subdivision in which the owner

of the parent tract is conveying property to a family member, and the parcel(s) shall have access to a state maintained road by way of a 45-foot right-of-way.

19. Lot: A separate and distinct unit of land described by either a metes and bounds description and/or subdivision plat of record and/or probated will. Lot includes a portion of a subdivision, or any other parcel of land, intended as a unit for transfer of ownership or for development or both. 20.Open Space Subdivision Design Option: A open space subdivision design option is “a land development project

comprehensively planned as an entity via a unitary site plan which permits flexibility in building siting, mixtures of housing types and land uses, usable open spaces, and the preservation of significant natural features.”

21.Private Sewage Disposal System: Any non-public wastewater

system approved by the Health Department or other appropriate governmental agency.

22. Public Sewage Disposal System: A system of wastewater

collection treatment, and disposal owned and operated by a sanitary district, a metropolitan sewage district, a water and sewer authority, a municipality or public utility, constructed and operated in compliance with applicable requirements of the NCDNR.

23. Public Water System: A system for the provision to the

public of piped water for human consumption if such systems has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days

Meeting of December 17, 2007 Continued 8822

out of the year. Such term includes:

(i) Any collection, treatment, storage, and distribution facility under control of the operator of such system and used primarily in connection with such system; and

(ii) Any collection or pre-treatment storage facility not

under such control which is used primarily in connection with such system.

A public water system is either a "community water system" or a "non-community water system."

i) "Community water system" means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

ii) "Non-community water system" means a public water

system which is not a community water system. 24. Reserve Strip: A strip of land (usually only a few feet

wide) owned privately, and set aside around a subdivision in order to prevent access to adjacent property by way of subdivision streets.

25. Storm, Ten (10) Year: The surface runoff resulting from a

rainfall of an intensity expected to be equaled or exceeded, on the average, once in ten (10) years and of a duration which will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions.

26. Storm, Twenty-five (25) Year: The surface runoff resulting

from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in twenty-five (25) years and of a duration which will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions.

27. Storm, One-Hundred (100) Year: The surface runoff resulting

from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in one hundred (100) years and of a duration which will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions.

28. Subdivider: A person engaging in the act of subdividing property. 29. Subdivision: See Section 1:5. 30. Street, Private: A vehicular travelway, with direct access

off a public street, not dedicated as a public street. 31. Street, Public: A public right-of-way for vehicular travel

which has been constructed and then dedicated to and accepted by the North Carolina Department of Transportation for public use or which has been otherwise obtained by such agency for such use, or which is proposed to be constructed and then dedicated to and accepted by such agency as a public right-of-way for vehicular traffic for public use pursuant to this Ordinance. Street classifications are as

Meeting of December 17, 2007 Continued 8823

follows: 32. Arterial Street: A Federal and/or State highway designed

primarily for the movement of large volumes of vehicular traffic from one area to another; a thoroughfare.

33. Collector Street: A public way designed primarily to connect

residential streets with arterial streets and/or to provide direct connection between two or more arterial streets, and which may be designed to carry significant volumes of vehicular traffic having neither origin nor destination on the street.

34. Commercial/Industrial Street: A public way designed

primarily to connect minor commercial/industrial streets with arterial streets and/or to provide direct connection between having neither origin nor destination on the street.

35. Minor Street: A public way used primarily for providing

direct access to abutting properties, and which does not have collector street characteristics. Minor Streets are further classified as:

a. Residential: Those streets whose primary function

is to provide direct access to residential property.

b. Commercial-Industrial: Those streets whose

primary function is to provide direct access to commercial- industrial property.

c. Cul-de-Sac: A short minor street having one end

open to traffic and the other end permanently terminated with a vehicular turnaround.

d. Street, Half: A proposed vehicular travelway

intended to be developed by constructing one-half of a required width of a street with the remainder to be provided at some future date.

36.Thoroughfare Plan: Any officially adopted Thoroughfare Plan. 37.Transportation Network – Networks of transportation links, services, and facilities which collectively are of statewide importance though these individual corridors, facilities or services which make up the network may be of only local or regional significance. Examples include highways, rail, public transportation, aviation and bicycle systems.

ARTICLE II. SUBDIVISION REVIEW PROCEDURE Section 2:1 Approval Levels The Subdivision review procedure shall consist of two levels of required approval: Preliminary Plan (Tentative Final - including required Construction Plans); and, Final Plat. Preliminary Plan approval shall be a prerequisite to Final Plat approval. Where required, Construction Plans must be approved prior to the submission of the Final Plat.

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Section 2:2 Subdivision Types The subdivision review procedure shall consist of two types of subdivisions, Minor Subdivisions, and Major Subdivisions; which are defined as follows: Minor Subdivisions: A minor subdivision is a subdivision which contains eight or fewer lots, each lot fronting with access on a State maintained street or road. Major Subdivisions: Any subdivision that is not a minor subdivision, as defined above. Section 2:3 Approval Authority The approval authority for the levels and types of subdivision approvals shall be as follows: 1. Minor Subdivisions: The Subdivision Administrator shall review and approve all

minor subdivisions. (If the Subdivision Administrator and/or the owner-

developer-surveyor cannot resolve all issues, any final plat shall be taken to the Director of Planning and Development for review and approval or disapproval.) (See Section 2:5 Appeals)

Minor Subdivisions: May be submitted at any time. The

Subdivision Administrator shall approve, approve conditionally, or deny the approval of the preliminary plans within fifteen (15) days of receipt. Approval, conditional approval, or denial shall be in written and/or drawn form, and dated.

2. Minor Subdivision: 30-foot Easement Exemption: Any minor

subdivision utilizing Section 3:3 10 (b) (3) of this Ordinance. The Subdivision Administrator shall approve, approve conditionally, or deny the approval of the preliminary plans within fifteen (15) days of receipt. Approval, conditional approval, or denial shall be in written and/or drawn form, and dated.

3. Major Subdivisions: Plans and plats, in the proper form, may be submitted to

the Subdivision Administrator for review and consideration of approval, or submission to the Planning Board, according to the following schedule: (Note: The Subdivision Administrator may refuse to accept the submission of any plans, plats, or supporting documents which in their opinion do not meet the standards for such submittals as contained in this Ordinance.)

Preliminary Plans: May be submitted at any time provided,

however, in order to be eligible to be placed on an agenda of a Planning Board meeting, such submittal shall have been filed by noon with the Subdivision Administrator at least fifteen (15) calendar days, or by noon of the previous business day (if the date falls on a weekend or holiday) prior to that meeting. The Planning Board shall recommend

Meeting of December 17, 2007 Continued 8825

approval, approval with conditions, or denial of the preliminary plan within sixty (60) days of its first consideration. The recommendation shall be in written and/or drawn form, and dated.

Final Plats: Shall be submitted within one year (12 months)

of the Preliminary plan approval. The Planning Board shall recommend approval, approval with conditions, or denial of the final plan within sixty (60) days of its first consideration of the final plat. The recommendation shall be in written and/or drawn form, and dated. After all improvements are complete, upon recommendation of the Planning Board, the final plat/plan shall be submitted to the Board of County Commissioners for their approval, approval with conditions, or denial at their next regular meeting.

Section 2:4 Plan and Plat Requirements Plans, plats, supporting documents, and material for the levels of subdivision approval shall be submitted in the form as provided for by GS 47-30, as amended, and this Ordinance. This Ordinance shall require that a plat be prepared, approved, and recorded pursuant to the provisions of the Ordinance whenever any subdivision of land takes place. This Ordinance may include requirements that the final plat show sufficient data to determine readily and reproduce accurately on the ground the location, bearing, and length of every street and alley line, lot line, easement boundary line, and other property boundaries, including the radius and other data for curved property lines, to an appropriate accuracy and in conformity with good surveying practice. Although not required, it is recommended that the subdivider hold a pre-submittal conference with the Subdivision Administrator in order to determine the subdivision approval track and supporting document requirements for the particular case. Section 2:5 Appeals An aggrieved person may appeal any decision of the Subdivision Administrator to the Director of Planning and Development by filing written notice with the Planning Director within thirty (30) days of the Subdivision Administrator's action, or the Administrator's failure to act, if the Administrator failed to act within the allotted time. If said person is unsatisfied with the decision of the Director of Planning and Development, the appeal shall be taken to the Board of Adjustment at their next regularly scheduled meeting, and shall have the same authority as the Subdivision Administrator in regard to the subject level of subdivision review and approval. Section 2:6 Effects of Approvals: Prerequisites Section 2:6.1 Preliminary Plan This approval shall constitute tentative approval of the subdivision plat/plan if the final subdivision plat/plan is in substantive agreement with the preliminary plat/plan, and shall entitle the subdivider to proceed to prepare street, storm drainage, flood control, erosion control, and utility

Meeting of December 17, 2007 Continued 8826

construction plans, if applicable, and/or to proceed to prepare the final plat/plan. Approval of construction plans shall entitle the subdivider to proceed with construction of subdivision improvements for the preliminary plat/plan. Preliminary plats/plans for proposed subdivisions that will utilize public water and/or sewer shall include detailed construction plans from a certified engineer. Section 2:6.2 Final Plat This approval shall entitle the subdivider to record the final subdivision plat. A final subdivision plat must be recorded in the Office of the Register of Deeds within fourteen (14) working days of its approval by the Board of County Commissioners. Three (3) recorded copies, must be submitted to the Planning Department by the owner, developer, surveyor, or representative, before any building permits are issued. No final subdivision plat shall be regarded as finally approved until such plat has been signed, dated by the Subdivision Administrator or Chairman of the Board of County Commissioners, and the plat meets the requirements for recording as defined in G.S. 47-30, as amended. The subdivider shall pay all recording costs. No final subdivision plat shall be approved for recording until all required subdivision improvements have been installed, inspected and approved by the Subdivision Administrator and the Local Ordinance Officer. In addition, no final subdivision plat shall be approved for recording unless such plat is in substantial agreement, as determined by the Subdivision Administrator, with the approved preliminary plan. Final subdivision plats not in substantial agreement shall be resubmitted as preliminary plans as provided for herein. After the final subdivision plat is recorded and recorded copies returned to the Surry County Planning Department, lots, as shown on the plat, may be sold or otherwise conveyed by reference to the recorded plat. Approval and recording of the final subdivision plat shall constitute dedication by the subdivider of the right-of- way of each public street, and utility and drainage easement shown on such plat. Such dedication, however, does not constitute acceptance by the public of such right-of-way, nor does it constitute acceptance for maintenance, or for other purposes of the improvements within such rights-of-way and easements such as pavements, sidewalk, drainage facilities and other utility lines. In addition, land designated on an approved and recorded final plat as public open space and similar public purposes shall be considered to be offered for dedication until Surry County has by resolution accepted such dedication, and such land is deeded to Surry County. Until such dedication has been accepted, land so offered may be used for open space purposes by its owner or their designees, and Surry County shall be held harmless of any liability involving such land. Land so offered for dedication shall not be used for any purpose inconsistent with the proposed public use without the express approval of the Board of Commissioners of Surry County.

ARTICLE III. SUBDIVISION DESIGN STANDARDS Section 3:1 General All proposed subdivisions subject to the regulation of this

Meeting of December 17, 2007 Continued 8827

Ordinance shall comply with this Article and shall be so planned as to facilitate the most advantageous development of the entire community, and shall bear a reasonable relationship to the Land Use Plan and any applicable Thoroughfare Plan. The Board of Commissioners may deny approval of any subdivision, which the Board finds, does not meet one or more of the stated purposes of this Ordinance as set forth in Section 1.4. The general design of the subdivision shall take advantage of and be adjusted to the contour of the land so as to produce usable building sites and streets of reasonable gradients. Subdivision plans shall be drawn in consideration of the suitability of the land and its capability to support and maintain the proposed development. Due consideration shall be given to such factors as water supply watershed requirements, outstanding resource waters, topography, rock outcrops, flood damage prevention, erosion control, wetland preservation, storm water management, solar energy, tree preservation, noise and pollution control, habitat for endangered species, areas of historical, archaeological or architectural significance, (including cemeteries as referenced in GS 14-148, 14-149, 70-27, 70-29, 70-30 and other such statutes that may relate as amended) and land use relationships in addition to other factors including those prescribed by this Ordinance. The subdivider shall be required to reference the North Carolina State Environmental Policy Act, found in the North Carolina Administrative Codes through the Department of Administration for any development which deals with an environmental analysis. This document can be referenced through the Office of the North Carolina Department of Environmental and Natural Resources (NCDENR) when the development pertains to land use, water quality, waste-water disposal, and/or any other environmental issues as dealt with through this state agency. North Carolina General Statutes 136-102.6 "Compliance of Subdivision Streets With Minimum Standards of the Board of Transportation Required of Developers" requires that new public streets outside of city limits be in accordance with the Minimum Right-Of-Way and Construction Standards established by the Board of Transportation for acceptance on the State highway system. It is the intent of the Subdivision Ordinance to complement, and not to conflict with the requirements of NCDOT as stated in NCGS 136-102.6. In all cases the most restrictive limitation or requirement, or the requirement causing the highest standard of improvement shall govern. This Ordinance may provide that a developer provide funds to the County whereby the County may acquire recreational land or areas to serve the development or subdivision, including the purchase of land that may be used to serve more than one subdivision or development within the immediate area. This Ordinance may provide for the more orderly development of subdivisions by requiring the construction of community service facilities in accordance with county plans, policies, and standards. Section 3:2 Subdivision Names, Street Names, and Addressing In no case shall the name of a proposed subdivision duplicate or be phonetically similar to an existing subdivision name within the jurisdiction unless the proposed subdivision lies adjacent

Meeting of December 17, 2007 Continued 8828

to or is in close proximity to the existing subdivision. Proposed streets, which are obviously in alignment with others already existing or proposed and named shall bear the names of the existing or proposed ones. In no case shall the names of proposed streets duplicate or be phonetically similar to other existing street names in the jurisdiction irrespective of the addition of a prefix, suffix or word such as street, avenue, place, drive or court. Private streets or drives shall use the suffixes of lane, way, or trail. All proposed street names shall be reviewed and approved by the designated County official. Road/street signs costs shall be the responsibility of the Subdivider who must contact the Surry County Public Works Department on road/street sign issues. Installation of road signs shall be the responsibility of the Surry County Publics Works Department. Upon receiving a building permit the subdivision lot number and future E-911 addressing number shall be posted and visible in accordance with the Surry County Addressing Ordinance. Section 3:3 Streets The proposed street system shall extend existing and projected streets at not less than the required minimum width and shall be in conformance with the following criteria: 1. Conformance with Thoroughfare and Transportation Plans: The

location and design of streets shall be in conformance with any applicable Thoroughfare or Transportation Plans. Where conditions warrant, right-of-way width and pavement width in excess of the minimum street standards may be required. In any case where any part of a subdivision lies within the corridor of a Thoroughfare shown on a NCDOT Roadway Corridor Official Map adopted pursuant to North Carolina General Statutes Chapter 136, Article 2E, no subdivision approval shall be granted with respect to the property in the Roadway Corridor. Provided, however, no subdivision plat approval shall be delayed by the provision of the Roadway Corridor Official Map procedure for more than three (3) years from the date of its original submittal.

2. Street Classification: The final determination of the

classification of streets in a proposed subdivision shall be made by the NCDOT. All streets shall be planned, designed and dedicated as public streets unless otherwise specifically provided for in this Ordinance.

3. Conformance with Adjoining Street System: The planned

street layout of a proposed subdivision shall be compatible with existing or proposed streets and their classifications on adjoining or nearby tracts.

4. Reserve Strips, and Half Streets: Reserve strips adjoining

street rights-of-way for the purpose of preventing access to or from adjacent property (except those required to prevent access to major thoroughfares), and half-streets shall not be permitted under any condition.

5. Intersections: Streets shall be designed so as to intersect

as nearly as possible at right angles, and no street shall intersect any other street at an angle of less than seventy-five (75) degrees. Streets crossing natural areas

Meeting of December 17, 2007 Continued 8829

or streams shall cross at or near to right angles as possible within limits of topographic conditions. Offset intersections must be avoided.

6. Cul-de-sacs:

a. Cul-de-sacs shall be provided with a turn-around meeting NCDOT standards. Cul-de-sacs may be designed to utilize circular, T, L, and Y-shapes by following the diagrams in the Appendix or to meet NCDOT standards. A temporary cul-de-sac may be installed within eighteen (18) months as part of the plat approval if the Subdivider intends to phase the development.

b. Cul-de-sacs should not be used to avoid connection

with an existing street, to avoid the extension of a thoroughfare or collector street, or to avoid connection to adjoining property.

7. Marginal Access Streets: Where a tract of land to be

subdivided adjoins a thoroughfare, the subdivider may be required to provide a marginal access street parallel to the thoroughfare, or provide for through lots on a local street for the lots to be developed adjacent to the thoroughfare. Where through lots are established, such lots may be prevented from having direct access to the thoroughfare by driveways.

8. Utilities, Street Lights and Storm Drainage: Street

utilities, street lights, sidewalks, storm drainage, and other such facilities are to be placed within the street right-of-way and shall be placed in accordance with NCDOT Standards for Construction in public rights-of-way. This section is also applicable to private streets.

9. Pavement, Curb and Gutter Pavement: Curb and gutter to

be placed in public streets shall be placed in accordance with NCDOT Standards for Construction in public rights- of-way. This section is also applicable to private streets.

10. Street Design Criteria: All street designs and

construction, whether public or private, shall conform to the following standards: a. All roads declared public or private shall

conform to the minimum standards set forth in the most recent edition of “Minimum Construction Standards for Subdivision Roads”, as published by the NC Department of Transportation, Division of Highways.

b. As an option, private roads may be constructed meeting the design and construction criteria as follows:

(1) Private Driveway – A private drive serving one (1) lot only, with a deeded 45-foot right-of-way, which will be maintained by the property owner, and not intended for public ingress and egress. Each private driveway shall have access to a state maintained road. Only one private driveway is allowed per

Meeting of December 17, 2007 Continued 8830

subdivision. A lot created off of a parent tract utilizing this road option, is limited to one every two (2) years.

(2) Family Subdivision Option (Minor Subdivision) – Subdivisions in which the owner of the parent tract is conveying property to a family member (father, mother, brother, sister, son, daughter, grandfather, grandmother, grandson, granddaughter, nephew, niece), the parcel(s) shall have access to a state maintained road by way of a 45-foot right-of-way. A notarized statement provided by the Department of Planning and Development shall be submitted by the subdivider, with the final plat of the subdivision, to the Planning Board, to ensure family lineage as stated above. Should a lot created under this exemption be conveyed to persons outside the family, as defined by this Ordinance, the right-of-way shall then conform to current minimum NCDOT standards for a subdivision street.

(3)Thirty-Foot (30) Easement Option – All subdivisions classified as Family Subdivisions shall be allowed to utilize a new or existing minimum 30-foot easement if it serves no more than (3) three total parcels. All other subdivisions either for sale or conveyance to a non-family member shall be allowed to utilize a new or existing minimum 30-foot easement if it serves no more than two (2) total parcels. This exemption is subject to the following provisions:

a. The parent tract of a subdivision, in which the proposed or existing easement lies across the parent tract, shall be considered a tract using the proposed easement; and

b. Proposed or new easements shall not extend to the rear property line of the final and furthest parcel utilizing the proposed easement.

(4) A minimum of twenty (20) feet shall be required

for all easement serving private, family cemeteries

that do not front along a state maintained road.

11. Water and Sewer Design Criteria: All public systems shall

be approved for construction by the appropriate agency of the State of North Carolina. The Subdivision Administrator shall coordinate review with the Water & Sewer Projects Coordinator.

Section 3:4 Lots The size, shape and orientation of lots shall be appropriate for the location of the proposed subdivision, for the type development contemplated, and in consideration of the method of providing water and sewer facilities to the lots.

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The configuration of lots in subdivisions designed for non- residential purposes may be omitted on plans and plats. The final lot sizes may be determined and platted on a lot by lot basis provided each meet the minimum requirements. Every lot shall have sufficient area, dimensions, and shape to permit a principal building to be constructed thereon in conformance with the applicable provisions. Such buildable area shall comply with Article 20 “Flood Hazard Areas” of the Surry County Zoning Ordinance. Lots shall be designed so as to provide positive drainage away from building sites. Lot boundaries shall be made to coincide with natural and pre-existing man-made drainage-ways to the extent practicable to avoid the creation of lots that can be built upon only by altering such drainage-ways. Lotting arrangements shall be made with due consideration given to not disturbing wetlands, rock outcrops, and other such natural features. Sidelines of lots should be at or near right angles or radial to street lines. All lots must have public street access and frontage meeting the requirements set forth in Article 12 “Dimensional Requirements Table” of the Surry County Zoning Ordinance. Parcels created through the subdivision process which are not intended for building purposes shall be so designated and perpetually bound as "non-buildable" unless subsequently released through the subdivision process. Lots shall only be labeled as “non-buildable” if so designated by the Environmental Health Department. Section 3:5 Minimum Dimensional Requirements for Lots 1. All required minimum yard setbacks and dimensional

requirements shall comply with Article 12 of the Surry County Zoning Ordinance.

2. All building lots within a designated watershed area shall

comply with the requirements of Article 24 “Water Supply Watershed Protection” of the Zoning Ordinance.

3. No lot or building area in an Outstanding Resource Water

Watershed (ORW) shall be less than the minimum required lot size or built-upon area for the watershed.

4. Lots shall have a minimum area as required by Article 12

“Dimensional Requirements Table” of the Surry County Zoning Ordinance or as required by Health Department regulations. Where residential lots are prepared according to Section 3:1 Open Space Subdivision Design Option, lots may have a minimum of 10,000 square feet with a 30,000 square feet overall density, provided that proper septic system and water supply maintenance plans is are feasible. Accessory buildings and dwellings located on the same lot requiring water and sewage disposal, shall also meet the minimum lot requirements.

Minimum Lot Area Requirements (See Article 12 of the Surry County Zoning Ordinance) None Private and/or Family Cemetery Open Space Subdivision Design Option Requirements Minimum Lot Area 10,000 square feet, overall density of 30,000 square feet Septic, Well

Meeting of December 17, 2007 Continued 8832

8,000 square feet, overall density of 20,000 square feet Municipal water and sewer 5. Zero Lot Line Developments are permitted as provided in

Article 14, Section 4, Zero Lot Lines, of the Surry County Zoning Ordinance.

6. Flag lots are permitted subject to the following conditions:

a. The minimum flagpole width shall be twenty-five (25) feet, and the maximum depth of the flagpole shall be three hundred (300) feet.

b. The lot area, lot width, setbacks, and other

dimensional requirements of the lot shall be met by the flag portion of the lot.

c. No more than two (2) flag lots will be allowed per

subdivision. Additional lots may be approved if no acceptable alternative is available.

d. Where the two (2) flag lots are contiguous a private

forty-five- (45) foot recorded easement and road shall be shared by each lot. The private street shall be built according to the standards of Section 3:3. A driveway permit shall be obtained from the NCDOT and submitted as documentation.

7. In the Open Space Subdivision Design Option the density of

dwelling units per acre shall not exceed the density of lots per acre that would otherwise be permitted above.

Section 3:6 Easements To provide for electric, telephone, gas service, community antenna television distribution systems, water and sewer lines, and other such facilities within the subdivision, appropriate utility easements not to exceed thirty (30) feet shall be provided on the final plat. In addition, storm drainage easements may be required in order to carry out the storm drainage improvements as required in Section 4:2. Section 3:7 Phasing Subdivisions may be constructed, planned, and platted in phases; Provided, however, that the Planning Board shall not approve a phasing plan when such phasing will not provide for adequate public facilities to support any such phase or phases independent of the overall subdivision plan. In approving phases, the Planning Board shall require that additional streets, water and sewer facilities, or other required public facilities be platted and sized as part of the phase or phases in order to ensure that sufficient public facilities will be in place to support such phase or phases independent of any future subdivision development. Section 3:8 Subdivision Entrance Markers And Landscaped Medians Subdivision entrance markers and landscaped medians shall be subject to the approval of NCDOT. Subdivision entrance markers are subject to the requirements of Article 19 of the Surry County Zoning Ordinance.

Meeting of December 17, 2007 Continued 8833

Section 3:9 Connection to State Streets An approved NCDOT driveway permit is required to connect to any state maintained street. Section 3:10 Residential Subdivisions Skirting Requirements In Subdivisions, which are to be developed for residential use, all dwelling units shall conform to the following foundation and/or skirting requirements: 1. Site-built, Modular, and Class “A” Manufactured Homes shall be

skirted with a permanent enclosed brick, stone, or masonry block (with a stucco finish); and

2. Class “B” Manufactured Homes shall be skirted with a permanent

enclosed brick, stone, masonry block (with a stucco finish), or masonry curtain wall (with a minimum thickness of 3/8 of an inch).

Any type of permitted skirting material shall be constructed in accordance with NC Building Code. Any dwelling unit which is permitted and approved for occupancy, and which is subsequently moved off site, shall be subject to all moving permits, which are enforced by Surry County, and failure to secure moving permits shall be a violation of this Ordinance. Section 3:11 Open Space Subdivision Design Option The Open Space Subdivision Design Option, shall be developed in accordance with the following provisions: 1. Open Space Subdivision Design Option Procedures. The

developer may elect to proceed with their subdivision development under the Open Space Subdivision Design option. Written notice of intent to proceed under the Open Space Subdivision Design option shall be directed to the Subdivision Administrator on a preprinted form provided by the Surry County Planning & Development Department indicating the developer’s willingness to meet those objectives and to abide by other ordinance requirements set forth herein. The completed form together with any supporting documentation and the developer’s application shall be delivered to the secretary of the Subdivision Administrator. The application document shall clearly indicate developer’s intention to proceed under the Open Space Subdivision Design option. Developer’s detailed development plan must be consistent with the objectives outlined in this ordinance.

2. The Open Space Subdivision Design Option Objectives. The

Open Space Subdivision Design Option designs are methods of preserving the rural community character sometimes lost in conventional development approaches. To accomplish this goal, greater flexibility and creativity in the design of such development is required. Specific objectives of cluster development and open space preservation are as follows:

a. To preserve areas of the County with productive

soils for continued agricultural and forestry;

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b. To minimize site disturbance and erosion through

retention of existing vegetation and avoiding development on steep slopes;

c. To preserve open land, including those areas

containing unique and sensitive features such as

natural areas and wildlife habitats, steep slopes,

streams wetlands, and floodplains;

d. To preserve scenic views and elements of the County’s rural character, and to minimize perceived density by minimizing views of new development from existing roads and existing development;

e. To provide for the active and passive recreational

needs of the developments residents; f. To provide greater efficiency in the siting of

services and infrastructure by reducing road length, utility extensions, and the amount of impervious surface for development; and

g. To create compact neighborhoods accessible to open

space amenities and with a strong identity. 3. For the Open Space Subdivision Design Option septic system

and repair areas, and water systems may be located in common areas, provided that appropriate measurements are taken to ensure maintenance through a Homeowners Association. System designs must be obtained, and approved from the Surry County Environmental Health Department.

4. The Open Space Subdivision Design Option shall be exempt

from the minimum lot size requirements of Subsection 3:4.1, not to be less than 10,000 square feet, provided that the overall density of dwelling units is 30,000 square feet. If public water and sewer is used then dwelling units can be 20,000 square feet provided that 25 percent of total project remains in open space. Lots in a Open Space Subdivision Design Option shall either front upon a public street or a private street as described and conditioned in (1) above or common open space, which adjoins either, a public or private street as provided for above. The Open Space Subdivision Design Option shall also be exempt from the side property line setback as contained in Article 12 of the Surry County Zoning Ordinance provided that buildings are attached on a common property line. The Open Space Subdivision Design Option shall be subject to the provisions and declarations of the North Carolina Unit Ownership Act, and such documents shall be submitted as part of the plan review process.

5. Open Space Subdivision Design Option Minimum Area

Requirements. Each development shall be developed on a tract not less than five (5) acres in size.

6. Open Space Subdivision Design Option Lot and Density

Requirements. Clustering shall be permitted upon submission of an acceptable open space preservation plan as physically indicated on the plan.

Meeting of December 17, 2007 Continued 8835

Notwithstanding the development standards set out in this Ordinance, the cluster development shall be exempt from the minimum lot size requirements of Section 3:5 and 3:10, except for those within a Watershed Area and Outstanding Resource Watershed Area, and the developmental standards and other requirements herein are met.

7. The Open Space Subdivision Design Option Lot Requirements. Each lot or space shall consist of no less than 10,000 square feet per building lot with an overall density of 30,000 square feet. The following criteria shall be used to determine the location of each lot.

a. Development should be buffered from direct view by a

vegetative buffer or an earth berm constructed to reflect the topography of the surrounding area, or located out of sight on slopes below existing ridge lines;

b. Each lot shall be located so as to minimize the visual

impact of the development; c. Each lot shall not include wetlands, transition

areas, and flood plains; d. Each lot shall not include areas with excessive slopes

of greater than > twenty (20) percent;

e. Roadways shall follow existing contours to minimize the extent of cuts and fills; and

f. The minimum common open space shall be

contiguous, with allowed breaks at roads/streets. 8. On-Site Inspection. Prior to the submission of the

preliminary plan, the developer shall schedule a mutually convenient time to walk the property with the Subdivision Administrator, Local Ordinance Officer, and Health Department Representative. The purpose of this visit is to familiarize staff with the property’s special features, and to provide them an informal opportunity to offer guidance to the applicant regarding the tentative location of the building lots, open space areas, buffering requirements, and street locations.

Prior to scheduling the on-site visit, the applicant shall

have prepared a preliminary site or sketch plan that shall show the basic concept of meeting the clustering and open space preservation section and other requirements set forth herein.

Section 3:12 Required Dedication of Lands Dedication of lands shall be required in the following situations: 1. In coordination with the Surry County Greenway Master Plan,

all streams and rivers located within a designated greenway corridor shall be required to dedicate a 50-foot area along both sides of streams and a 100-foot area along both sides of rivers that shall be dedicated as common use area for the development of greenway corridors for use by the general public.

Meeting of December 17, 2007 Continued 8836

2. The County may require the reservation of school sites in accordance with comprehensive land use plans approved by the Board of Commissioners. For the authorization to reserve school sites to be effective, the Board of Commissioners, before approving a comprehensive land use plan, shall determine jointly with the Board of Education with jurisdiction over the area the specific location and size of each school site to be reserved, and this information shall appear in the Plan. Whenever a subdivision that includes part or all of a school site to be reserved under the plan is submitted for approval, the Planning Board shall immediately notify the Board of Education. The Board of Education shall promptly decide whether it still wishes the site to be reserved and shall notify the Board of Commissioners or Planning Board of its decision. If the Board of Education does not wish the site to be reserved, no site may be reserved. If the Board of Education does wish a site to be reserved, the subdivision may not be approved without the reservation. The Board of Education must acquire the site within 18 months after the date the site is reserved, either by purchase or by exercise of the power of eminent domain. If the Board of Education has not purchased the site or begun proceedings to condemn the site within the 18 months, the subdivider may treat the land as freed from reservation.

ARTICLE IV. REQUIRED IMPROVEMENTS The subdivider shall install the following improvements and such improvements shall be at no cost to Surry County. No improvements shall be installed until construction plans have been approved by such agency as may be appropriate or as required by law. The subdivider shall furnish to the Subdivision Administrator a written statement certifying that all required improvements have been installed, and have been inspected and approved by the appropriate agency prior to final plat approval. The Subdivision Administrator shall not approve any final plat for recording without receiving the written certificate from the subdivider. Written statements from the appropriate regulatory agency, or a certification from the subdivider's engineer or professional land surveyor, as appropriate, may serve as the written certification of required improvements. Section 4:1 Street Improvements All subdivision streets to be developed under this Subdivision Ordinance shall meet NCDOT standards for subdivision streets so that they may be accepted into the State’s street system when all conditions of acceptance have been met. Until such time that the State accepts a subdivision street, the maintenance of the street shall be the responsibility of the property owners or the developers, and shall not be the responsibility of Surry County. Streets shall be maintained as provided herein or be subject to penalties set forth in Section 5:8. All proposed streets shall be cleared and developed to the full width of the right-of-way, and improved with a pavement width and side ditch section as required for the particular classification of street in accordance with NCDOT standards. All grading and pavement (curb and gutter, if provided), shall be designed and installed in accordance with NCDOT standards and the approved construction plan referenced in the North Carolina Department of Transportation Division of Highways Subdivision Roads: Minimum Construction Standards, as amended.

Meeting of December 17, 2007 Continued 8837

In addition, street paving, in accordance with the above conditions, shall be installed in the following situations: 1. Any existing street segment that has not been accepted for

maintenance by the NCDOT, and that is to serve as the required frontage for one or more lots created pursuant to this Ordinance, shall be improved and dedicated to the public, as provided for above, in such a way that the street segment meets the standards of this Ordinance for the particular classification of street, including right-of-way width. Such street segment shall be directly connected to the existing public street system by way of at least one public street maintained by the NCDOT. No subdivision shall be permitted on any street that is isolated by not being connected directly to the public street system.

2. The NCDOT or the County may require pavement and widening

for turning lanes along any existing or proposed street that forms a significant entrance to a proposed subdivision, where in the opinion of the Board such improvements are necessary in order for safe vehicular movement into and out of the proposed subdivision.

3. In cases where a street is stubbed into adjoining property

for future extension and such street serves as the frontage for one or more lots which are not corner lots, the Board of Commissioners may require the pavement of a temporary turn-around in a form similar to a Cul-de-Sac or L, Y, and T-intersection turn-around on such street where in their opinion such turn-around is necessary for the public convenience, safety and service. Temporary easements for such purposes may be required.

4. The subdivision developer, and the NCDOT shall submit a

joint notarized statement to the Planning Board through the Subdivision Administrator, stating the road meets required construction compliance as stated in this Ordinance, in compliance with Subdivision Roads: Minimum Construction Standards, as amended.

Section 4:2 Storm Drainage Improvements: A comprehensive storm drainage system shall be planned and implemented for each subdivision. The general storm drainage plan shall be shown on the preliminary plan. Detail plans where required shall be submitted as part of the construction plan requirement. Where easements are required, they shall be noted on the Final Plat. Storm drainage plans shall be considered on an individual basis depending upon the situation within a given subdivision. The requirements of Article 20 “Flood Hazard Areas” within the Zoning Ordinance shall apply to storm drainage design where applicable. Generally the following standards shall apply: 1. Types of drainage ways requiring treatment a. Those draining one (1) acre of land or more.

b. Those carrying storm water runoff from public streets wither existing or

proposed.

Meeting of December 17, 2007 Continued 8838

c. Those carrying storm water runoff from large impervious surfaces other than streets.

2. Design Storms a. Open drainage channel - 25 year storm b. Enclosed systems - 10-year storm for collectors and 25

year storm for street crossing conduits and immediate downstream areas.

c. 100 year storm where required by Flood Damage

Prevention Ordinance. 3. Types of Treatment a. Enclosed subsurface drains b. Open, unimproved channel c. Open, improved channel 4. Easements a. Maintenance easements may be required depending upon

the size of the drainage way and the maintenance responsibility.

Section 4:3 Drinking Water Improvements: In any case where a public drinking water system and/or supply system is proposed to be installed in a subdivision as part of the plan approval process, such system shall be considered to be a "Required Improvement" within the context of this Ordinance, and such system shall be required to be installed by the subdivider. This requirement includes both facilities within the subdivision and off-site facilities, which are essential to providing the service to the property. Section 4:4 Sanitary Sewerage Improvement: In any case where a public sanitary sewerage system and/or treatment system is proposed to be installed in a subdivision as part of the plan approval process, such system shall be considered to be a "Required Improvement" within the context of this Ordinance, and such system shall be installed by the subdivider. This requirement includes both facilities within the subdivision and off-site facilities, which are essential to providing the service to the property. Section 4:5 Septic Tank System: In any case where septic tanks are proposed to be installed in a subdivision as part of the plan approval process, such system shall be considered to be a “Required Improvement” within the context of this Article. Permits must be submitted as a portion of the construction improvement plan before final plat approval can occur. Section 4:6 Utilities: Electric power, telephone, cable television, natural gas lines, and other utilities which are proposed to be installed in the subdivision, and which are required to be shown on construction plans are not "Required Improvements" within the context of this Article. Since the installation of such improvements are by agreement between the subdivider and the appropriate utility company, the execution of such agreements between the subdivider and the utility companies

Meeting of December 17, 2007 Continued 8839

are deemed to satisfy the construction and installation requirements of this Ordinance as long as they are installed in the public right-of-way or easement in accordance with NCDOT standards for such installations. Section 4:7 Street Name Signs: The subdivider shall purchase street name signs from the Surry County Public Works Department. The County will install the signs at appropriate locations in accordance with the standards and specifications of Surry County and the NCDOT. The subdivider may, however, with the approval of the Subdivision Administrator of design and material, install a different street name sign type at no cost to the County. In such case, the subdivider or his successors or assignees shall be responsible for replacing such signs in instances of loss, damage or deterioration; otherwise, the County will replace such signs with its standard sign. Section 4:8 Traffic Control Signs and Markings: The subdivider shall install traffic control signs and pavement markings in accordance with the standards and specifications of the North Carolina Department of Transportation. Section 4:9 Monuments: The subdivider shall install such monuments and other property markers as are required by North Carolina General Statutes Chapter 39, Article 5A and as are specified by the "Standards of Practice for Land Surveying" in North Carolina.

ARTICLE V. LEGAL PROVISIONS Section 5:1 Interpretation, Purpose, Conflict In Interpreting and Applying the Provisions of this Ordinance Provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, prosperity and general welfare. It is not intended by this Ordinance to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this Ordinance imposes a greater restriction or imposes higher standards than those required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this Ordinance shall govern so that, in all cases, the most restrictive limitation or requirement, or the requirement causing the highest standard of improvement, shall govern. Section 5:2 Repeal and Reenactment of Existing Subdivision Ordinance The rewriting of this Ordinance in part carries forth by reenactment some of the provisions of the existing Subdivision Ordinance of Surry County and it is not intended to repeal but rather to reenact and continue in force such existing provisions so that all rights and liabilities that have been accrued are preserved and may be enforced. All provisions of the Subdivision Ordinance, adopted on November 1, 1999, as amended, which are not reenacted herein, are hereby repealed. All suits at law or in equity and/or all prosecutions resulting from the violation of the Subdivision Ordinance in effect, which are now pending in any of the courts of this State or of the United States, shall not be abated or abandoned by reason of the adoption of this Ordinance, but shall be prosecuted to their finality the same as if this Ordinance had not been adopted; and

Meeting of December 17, 2007 Continued 8840

any and all violations of the existing Ordinance, prosecutions for which have not been instituted, may be filed and prosecuted; and nothing in this Ordinance shall be so construed as to abandon, abate, or dismiss any litigation or prosecution now pending and/or which may have been instituted or prosecuted. Section 5:3 Effect Upon Outstanding Preliminary and Final Plats Nothing herein contained shall require any change in any preliminary plan which has received approval by Surry County prior to the time of the adoption of this Ordinance provided that such preliminary plat has been prosecuted to completion and a final plat recorded in the Office of the Register of Deed within the twelve (12) months allow for recording after the plat has received final approval from the County Board of Commissioners after the time of the adoption of this Ordinance. If the final plat of all or part of the area shown on any previously approved preliminary plat is not recorded in the Office of the Register of Deeds within the 14 days allowed for recording after the plat has received final approval from the County Board of Commissioners after the time of the adoption of this Ordinance, such non-recorded area shall be subject to all the provisions of this Ordinance. After the effective date of this Ordinance, any final plat to be recorded based upon any outstanding preliminary plat shall follow the final plat approval procedures of this Ordinance. In addition, nothing herein contained shall require any change in any final plat which has received approval by Surry County prior to the time of the adoption of this Ordinance provided that such final plat is prosecuted to completion in accordance with the terms of approval. In the event of default or the failure of the subdivider to perform in accordance with the conditions as approved, Surry County may, at its option, take lawful action pursuant to the Subdivision Ordinance in existence at the time of the final plat approval or this Ordinance. Section 5:4 Effect Upon New Territory Added to Jurisdiction At any time when new territory is added to the Jurisdiction of this Ordinance, such new territory shall immediately become subject to the provisions of this Ordinance. Any proposed subdivision or any subdivision in progress within such new territory shall proceed only in accordance with the following: 1. Any subdivision for which a final plat has been recorded in

the Register of Deeds Office pursuant to the approval of another local government, but which is subject to an outstanding guarantee to such local government for the installation of subdivision improvements, shall remain under the subdivision control of such local government until such time as such subdivision shall have been prosecuted to completion.

2. All other subdivisions shall meet all of the requirements

of this Ordinance and it shall be the responsibility of the subdivider of any proposed subdivision or subdivision in progress to receive approval as provided for in this Ordinance before proceeding with any development. The subdivider shall arrange a conference with the Subdivision Administrator who shall determine the level and type of

Meeting of December 17, 2007 Continued 8841

approval required and provides the Subdivider with an approval track for the particular case.

Section 5:5 Modifications The Planning Board may modify the requirements of this Ordinance where, because of the size or shape of the tract to be subdivided, its topography, the condition or nature of adjoining areas, or the existence of other unusual physical conditions, strict compliance with the provisions of this Ordinance would cause an unusual and unnecessary hardship on the subdivider, or where in the opinion of the Planning Board, a modification will result in equal or better performance. In granting modifications, the Board may require such conditions as will secure, insofar as practicable, the objectives or requirements modified. In no case however, shall the Board, acting pursuant to this Section, modify the terms or requirements of the Zoning Ordinance, or any other ordinance. Violation of any condition shall constitute a violation of this Ordinance. A modification granted as part of a plan approval is to be reviewed annually to ensure that the conditions are being met. Each condition goes with the land. Section 5:6 Amendment The Surry County Board of Commissioners may from time to time amend the terms of this Ordinance after a public hearing has been held and notice given as required by North Carolina General Statutes 153A-323. However, any proposed amendment shall be submitted to the Planning Board for review and recommendation prior to Board of Commissioners action. The Planning Board shall have sixty (60) days from the date such amendment is first submitted for review to the Board to make its recommendation. If the Planning Board fails to make its recommendation within the specified time, it shall be submitted to the Board of County Commissioners for review. Section 5:7 Variance The Board of Adjustment may authorize a variance from these regulations when, in its opinion, undue hardship may result from strict compliance. In granting any variance, the Board of Adjustment shall make the findings required below, taking into account the nature of the proposed subdivision, the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the Board of Adjustment finds: 1. That there are special circumstances or conditions

affecting said property such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his land,

2. That the variance is necessary for the preservation and

enjoyment of a substantial property right of the petitioner,

3. That the circumstances giving rise to the need for the

variance are peculiar to the parcel and are not generally characteristic of other parcels in the jurisdiction of this Ordinance, and

Meeting of December 17, 2007 Continued 8842

4. That the granting of the variance will not be detrimental

to the public health, safety, and welfare, or injurious to other property in the territory in which said property is situated.

Section 5:8 Violations; Penalties From the effective date of this Ordinance that is adopted by the County, no subdivision plat of land within the County’s jurisdiction shall be filed or recorded until it has been submitted to and approved by the appropriate board, administrator, or agency, as specified in the Subdivision Regulations Ordinance, and until this approval is entered in writing on the face of the plat by an authorized representative of the county. The Review Officer, pursuant to G.S. 47-30.2, shall not certify a plat of a subdivision of land located within the territorial jurisdiction of the County of Surry that has not been approved in accordance with these provisions, and the Clerk of Superior Court may not order or direct the recording of a plat if the recording would be in conflict with this Section. If a person who is the owner or agent of the owner of any land within the territorial jurisdiction of Surry County subdivides their land in violation of this Ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under this Ordinance and recorded in the Office of the Register of Deeds, this person is guilty of a Class 1 misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The County may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the Subdivision Ordinance. Building permits required pursuant to G.S. 153A-357 shall be denied for lots that have been illegally subdivided. In addition to other remedies, the County may institute any appropriate action or proceedings to prevent the unlawful subdivision of land, to restrain, correct, or abate the violation, or to prevent any illegal act or conduct. Any person, firm or corporation who violates any provisions of this Ordinance shall, upon conviction, be guilty of a misdemeanor and shall be fined not exceeding fifty ($50) dollars or imprisoned not exceeding thirty (30) days. Each day that a violation continues to exist shall be considered to be a separate offense, provided the violation is not corrected within thirty (30) days after notice of the violation has been given, as provided by G.S. 14-4. Additionally, violation of this Ordinance subjects offenders to a civil penalty that may be enforced through the issuance of citations by the Surry County Local Ordinance Officer. The County may recover this penalty in a civil action in the nature of a debt if the offender does not pay the penalty within seventy-two (72) hours after being cited for a violation. In addition, failure to pay the civil penalty within seventy-two

Meeting of December 17, 2007 Continued 8843

(72) hours may subject the offender to criminal charges. The following civil penalties are established for violations under this section: Warning citation Correct violation within ten (10) days (10)days First citation $25.00 Second citation for same offense $50.00 Third and sequential citations for same offense $50.00 These civil penalties are in addition to any other penalties, which may be imposed by a court of law from violation of the provisions of this ordinance. All monetary civil penalties must be paid to the Surry County Planning and Development Department through the Subdivision Administrator, and forwarded to the Surry County Finance Department. Section 5:9 Validity If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Board of Commissioners hereby declares that it would have passed this Ordinance and each section, subsection, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. Section 5:10 Effective Date This Ordinance shall become effective upon its adoption by the Board of Commissioners of Surry County, North Carolina." _______________________________________ Adam McComb, Parks and Recreation Director, addressed the Board regarding the second round of the 2007-2008 Recreation Incentive Grant applications which began on September 25, 2007 with the deadline of November 16, 2007. Incentive grant applications and invitations to apply were mailed to various organizations and media. The Parks and Recreation Department had received several interested groups and only one application submitted an application by the deadline. The application was from the Shoals Community Recreation Center for a Tennis/Basketball Court repair project. The Recreation Advisory Committee recommended approval of the grant application. Mr. McComb stated that a remainder of $14,570 is available in the incentive grant program. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to approve the application as submitted and approved by the Recreation Advisory Committee.

Mr. McComb also discussed the concern of the Recreation Advisory Committee as to the fate of the remaining funds earmarked for community recreation development. The Recreation Advisory Committee recommended the funds be made available for the creation and placement of signage for the Surry County Scenic Bikeway.

Meeting of December 17, 2007 Continued 8844

Chairman Hunter stated that the Franklin Youth Foundation had removed two large wooden bleachers from the Baseball/Softball field at Franklin Elementary School. The bleachers were unsafe. Chairman Hunter stated that the Franklin Youth Foundation needs new bleachers to replace the ones removed. Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to allocate $5,000 to the Franklin Youth Foundation and to use the remaining $9,570 to put signage for the Surry County Scenic Bikeway. _______________________________________ John Hedrick, Northwestern Regional Library Director, updated the Board on the regional libraries and their projects. Mr. Hedrick also discussed the annual statistics for public internet use and library visits. _______________________________________ Rosy Beverly and Doris Petersham, Yadkin Valley Craft Guild, updated the Board on the activities of the Yadkin Valley Craft Guild and stated the guild membership was 100 members. Ms. Beverly stated that the clay studio is a $50,000 project. The Craft Guild requested $10,000 from Surry County to help with funding of the studio. The remaining funds will come from the Town of Elkin, GoldenLeaf Foundation, donations and members. Upon motion of Commissioner Harrell, seconded by Commissioner Hamlin, the Board voted unanimously to allocate $10,000 to the Yadkin Valley Craft Guild for the clay studio. _______________________________________ Dr. Frank Sells, Surry Community College President, addressed the Board regarding the North Carolina Community College System tentative approval for capital improvements for construction of phase I of the North Carolina Center for Viticulture and Enology. Dr. Sells presented the building operating costs analysis for the center. Dr. Sells also discussed sources of funds. Shannon Rydell, Little and Associates, discussed the center’s concept, location and building design. There were six Surry Community College Board members present. Upon motion of Commissioner Hamlin, seconded by Commissioner Harrell, the Board voted unanimously to support phase I of the North Carolina Center for Viticulture and Enology project. Chairman Hunter thanked Dr. Sells for his years of faithful service to Surry Community College and Surry County. _______________________________________

Chairman Hunter informed the audience that it was time for the special recognition portion of the agenda. The following individuals were recognized:

Meeting of December 17, 2007 Continued 8845

Chairman Hunter and Commissioner Hamlin recognized the

following individuals for 10 years of service to the County:

Donald G. Belle Catherine A. Booker Garry E. Chilton, Jr. Bradley G. Corn Engle B. Corn Jennifer H. Crouse Jill J. Dockery Bonnie L. Gwyn Barry W. McMillian Tonya M. Moore Lisa A. Pardue Aldrea R. Rife Thomas M. Williams, Jr. Commissioner Harrell and Commissioner Johnson

recognized the following individuals for 15 years of service:

Terry A. Garwood Rhonda D. Perkins Cathy J. Reece Judy M. Willard Commissioner Miller recognized the following

individual for 25 years of service: Roger D. Jones, Jr.

_______________________________________ The Board took a fifteen minutes recess. _______________________________________ The Board resumed regular business. _______________________________________ Betty Taylor, Assistant County Manager for Budget and Finance, addressed the Board regarding the bidding of selected services. Ms. Taylor stated that the Finance Department is satisfied with Martin Starnes and Associates for audit services. Ms. Taylor discussed three and five year proposals. Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to engage in a five-year audit agreement with Martin Starnes and Associates.

Betty Taylor, Assistant County Manager for Budget and Finance, discussed the County’s central depository services with Wachovia. Ms. Taylor stated that the Finance Department is very pleased with the services provided by Wachovia.

Upon motion of Commissioner Hamlin, seconded by

Commissioner Johnson, the Board voted to engage in a five-year contract with Wachovia Bank, contingent upon Wachovia Bank willingness to hold acceptable fees.

Commissioner Harrell abstained from voting due to the

fact that he serves on the Yadkin Valley Bank Board.

Betty Taylor, Assistant County Manager for Budget and Finance, stated that the Finance Department would like to bid the property and casualty insurance. Ms. Taylor stated that the Finance Department would like to engage a third-

Meeting of December 17, 2007 Continued 8846

party consultant to guide the bid process. Ms. Taylor recommended McNeary Consultants. Upon motion of Commissioner Miller, seconded by Commissioner Johnson, the Board voted unanimously to approve bidding the property and casualty insurance, engage McNeary Consultants with up to $28,000 for specification and bid review services. _______________________________________ The County Manager updated the Board on the Dental Clinics grants. Mr. Sammons stated that $100,000 was received from the Kate B. Reynolds Foundation and $7,000 from the Chatham Foundation. The State Health Department grant application in the amount of $150,000 is still pending and a $75,000 application was declined. _______________________________________ The County Manager addressed the Employee Christmas luncheon that took place on Friday, December 14, 2007. Mr. Sammons stated that 515 lunches were served and three Board members attended the luncheon. Mr. Sammons had received countless expression of thanks from employees. _______________________________________ The County Manager addressed the Board regarding a proposal for continuing Surry County’s Program Management services with Construction Control Corporation for value engineering and construction management services related to design and construction of a new school and other miscellaneous projects. Construction Control presented quotes at $7,900 monthly retainer and $24,000 lump sum for value engineering of design or $8,900 per month if value engineering is paid monthly. Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to contract with Construction Control Corporation for two years at $8,900 per month. _______________________________________ The County Manager updated the Board on Environmental Health staffing. An individual has been hired and began work on December 10, 2007. The individual will initially do food and lodging inspections and will be trained to do on-site inspection by May, 2008. _______________________________________ The County Manager updated the Board on Animal Control. An individual has been hired as a Shelter Attendant and began work on December 13, 2007. _______________________________________ The County Manager presented a resolution supporting the City of Mount Airy for speed reduction at Renfro and Cherry Streets. Upon motion of Commissioner Miller, seconded by Commissioner Harrell, the Board voted unanimously to approve the following resolution:

Meeting of December 17, 2007 Continued 8847

RESOLUTION SUPPORTING THE CITY OF MOUNT AIRY FOR SPEED REDUCTION AT RENFRO AND CHERRY STREETS

WHEREAS, the City of Mount Airy and the Surry County

Board of Commissioners have observed a speed concern at the intersection of Cherry Street and Renfro Street in Mount Airy; and

WHEREAS, the current speed in the area is 35mph, which the City of Mount Airy feels is an unsafe speed due to Reeves Community Center being north of the intersection; and

WHEREAS, Reeves Community Center hosts approximately

600 individuals per day which contributes to the need for a lower speed limit and traffic control late in the day, with both pedestrians and vehicular traffic crossing Renfro Street to the Reeves Community Center parking lot and pedestrians crossing from other parking lots to the building; and

WHEREAS, the Board of County Commissioners shares the

concerns expressed by the City of Mount Airy and others about past accidents, and the potential for accidents in the future at this location.

NOW, THEREFORE BE IT RESOLVED that the Surry County

Board of Commissioners requests that the North Carolina Department of Transportation assist the City of Mount Airy in approving the installation of the following measure at Cherry Street and Renfro Street:

1. Reduce the speed limit from 35 to 25 mph in this vicinity of Renfro and Cherry Streets,

2. Install a No Right Turn on Red sign at Cherry onto Renfro, and

3. Install a “traffic signal ahead” sign on Renfro Street from the south end of Renfro headed north toward Cherry Street.

________________________________________ The County Manager stated that a supplement to the Preliminary Engineering Report for the Wetlands Wastewater Treatment System Interstates Water and Sewer District has been received from Hobbs, Upchurch and Associates. The Board discussed the Interstates Water and Sewer Project and use of capital monies for the project. The Board also discussed Wayne Farms and the need for a Dobson area wastewater treatment facilities study. _______________________________________ Upon motion of Commission Hamlin, seconded by Commissioner Harrell, the Board voted unanimously to appoint Don Matthews as an alternate on the Board of Adjustments. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to reappoint Kent Cockerham, G. Edward Massey, Bobbie Collins, Charles G. Golding, Terry J. White, Gary L. Brown, and Anthony Morris to the Board of Equalization and Review.

Meeting of December 17, 2007 Continued 8848

_______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Harrell, the Board voted unanimously to reappoint Gary Gant and Dr. Wayne Gilreath to serve on the Health Board. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Hamlin, the Board voted unanimously to go into closed session to discuss personnel issues, land acquisition, and economic development. _______________________________________ The Board came out of closed session and resumed regular business at 11:00 p.m. _______________________________________ As a matter of information and public disclosure, Commissioner Hunter reported that he is in a partnership with the County Attorney concerning a condominium project in Mount Airy. _______________________________________ Upon motion of Commissioner Johnson, seconded by Commissioner Miller, the Board voted unanimously to approve the following personnel requests from the Health Director:

Reclassify position #516709 from an OSSOG IV to an OSSOG V and move employee in the position to Grade 61-5, contingent upon final approval from State Personnel.

Reclassify position #511701 from a Public Health Nurse II, to a Public Health Nurse III, and move employee in the position to Grade 74-3, effective October 1, 2007, contingent upon final approval from State Personnel.

Approve an Amendment to the Personnel Ordinance adopted on November 3, 2003 by making the following addition to Appendix A, Position Classification Plan, effective January 1, 2008, contingent upon final approval from State Personnel:

Add Administrative Officer II to Grade 70.

Reclassify position #516715 from an Administrative Assistant I to an Administrative Officer II, and move employee in the position to Grade 70-1, contingent upon final approval from State Personnel.

Appoint Samantha Berryman as Interim Health Director with an approximate 10% increase in salary during the interim period.

Appoint Jan White to serve, during the interim period, as director for administration with an approximate 10% salary increase during the interim.

_______________________________________ There was no further business to come before the Board. _______________________________________

Meeting of December 17, 2007 Continued 8849

Upon motion of Commissioner Harrell, seconded by Commissioner Miller, the Board voted unanimously to adjourn at 11:42 p.m. _______________________________________ _____________________ Conchita Atkins Clerk to the Board