The
Alleghany County Board of Commissioners met in regular session on Monday,
February 6, 2006, at 6:30pm in the Conference Room of the County Office Building, 90
South Main Street,
Sparta, North Carolina.
Present: Chair Eldon Edwards, Vice-Chair Warren
Taylor, Commissioner Graylen Blevins, Commissioner Sandy Carter Herndon, Commissioner Ken Richardson, County Attorney Donna
Shumate, County Manager Don
Adams, and Clerk to
the Board Karen Evans.
Chair
Eldon Edwards called the meeting to order.
Commissioner
Ken Richardson opened the meeting with a prayer.
Commissioner
Warren Taylor made a motion to approve the agenda for this February 6,
2006, meeting. Commissioner Sandy Carter Herndon seconded the motion.
Vote 5:0.
AGENDA
Monday,
February 6, 2006
6:30 PM
6:30 Meeting
Called To Order
Motion on Agenda for February
6, 2006,
meeting
Motion on Minutes for January 23, 2006, meeting
6:35 Public
Hearing
RE: E-911 Road Names
6:40 Mary
Walker
RE: Tax Collections Report
6:50 George
Stancil
RE: Extension Service Annual Report
Fair
7:10 Forestry
Service Annual Report
County Business
1. Solid Waste Transportation and
Recycling Contracts
2. Wachovia / Sparta Elementary School Resolution
3. Blue Ridge Hill Climb Resolution
4. Fuel Oil Bids
5. Social Services Budget Amendment
6. Tentative 2006-2007 Budget Schedule
7. Kindergarten Eye Exam
8. Ferguson Group
9. Other Business
10. Public Comments—30 minutes
11. Adjourn
Commissioner
Sandy
Carter Herndon made a motion to approve the minutes for the January 23,
2006, meeting. Commissioner Graylen Blevins seconded the motion.
Vote 5:0.
Chair Eldon Edwards recessed the
regular meeting at 6:32pm and opened the public hearing regarding the E-911 Road
Name.
Wendy Williams, E-911 Coordinator/Mapper presented one road name for
approval. She explained where the road
is located in the County.
Chair Eldon Edwards asked for public
comments. None were received.
Chair Eldon Edwards closed the
public hearing at 6:34pm and reconvened the regular meeting.
Commissioner Sandy Carter Herndon made a motion to approve the new E-911 road names as
presented by the E-911 Coordinator/Mapper.
Commissioner Warren Taylor seconded the motion. Vote 5:0.
Mary Walker, Tax
Administrator, presented the annual tax report including the outstanding
balance of $545,106.86 for 2005-2006 for a collection rate of 91.76%. She explained how this collection rate
compares to last year. She further explained that she has completed $155,437.82
in discoveries since July. She talked
about how the Board must direct the Tax Administrator to advertise tax
liens. She further talked about how she
is planning to advertise the liens in the newspaper in May.
Commissioner Warren Taylor made a
motion to authorize the Tax Collector to advertise the tax liens in the
newspaper. Chair Eldon Edwards seconded
the motion. Vote 5:0.
Mary Walker told the Commissioners
that the first piece of property has been sold because of delinquent
taxes. She explained that the sale was
last Thursday with a starting bid of $2,225 and ending bid of $7,100. She further explained that it is subjected to
the 10 day upset bid process. She
informed the Board that two more properties will be sold before June.
Commissioner Sandy
Carter Herndon
and Mary Walker talked about after the taxes are paid the remaining money goes
into the State escheat fund.
George Stancil, Extension Service
Director, came before the Board to present the Extension Service’s annual
report. He reviewed the responsibilities
of the staff members including serving on 35 committees and attending 31
training sessions in 2005. He continued reviewing
the highlights of 2005 including the amount of contacts, workshops/seminars
that were offered, tours/demonstrations that were held, programs that were
offered and programs that are being developed.
Commissioner Sandy
Carter Herndon
and Chair Eldon Edwards thanked George
Stancil for his report.
Tommy Sports with the Forestry
Service presented their annual report.
He reviewed handouts about the Forestry Service’s activities including
the number of fires, amount of acreage burnt, Firewise workshops held, Forest
Management Plans prepared, forest pest control activities and two Smokey Bear
programs held. He explained that they
are in the process of hiring an Assistant County Ranger for Alleghany
County.
Commissioner Warren Taylor stated
his appreciation for the extra effort to take care of Alleghany
County.
The Board of Commissioners stated
their appreciation to the Forestry Service.
George
Stancil presented a request from the Fair
Committee. He explained that the Fair is
requesting a loan of $3,500 to pay the outstanding bills from the last fair and
have start-up monies for the next fair.
He further explained that they exhausted ways to raise the funds before
the beginning of the next season.
The Board of Commissioners talked
about the request of $3,500.
County
Manager
Don Adams
explained that this has happened before.
He further explained that the entertainment is a large expense for the
Fair. He stated that he is requesting
the Fair to consider the entertainment expenses.
George
Stancil stated that they are looking at
several other types of entertainment for the next fair.
The Board of Commissioners and
County Manager Don Adams
discussed how to loan the Fair $3,500.
Commissioner Sandy
Carter Herndon
made a motion to take $3,500 out of economic development to be repaid by the
Fair. Commissioner Graylen Blevins
seconded the motion. Vote 5:0.
County
Manager
Don Adams
informed the Board that the transportation and disposal contract for the
Transfer Facility will be coming up in April.
He gave the Board an update from the beginning of the first contract
until now with BFI/HILCO. He talked
about the competition in this area is GDS.
He stated that we are currently paying $40.10 per ton. He further stated that BFI/HILCO has
expressed an interest to renegotiate the contract. He said that two areas that they are looking
at are CPI rate increase and some type of fuel price adjustments. He talked about reasons to go out to
bid. He talked about the good-quality
service received through the current contract.
County
Manager
Don Adams
informed the Board that the current recycling contract with Roger Brady will
end in June. He talked about the County
is sort of tied to the Town on this. He
explained that it helps the Town on town garbage prices if that person has the county
recycling contract. He stated that he
will talk to Bryan Edwards. He further stated that he will put these two
contracts on the next agenda for more discussions.
Chair Eldon Edwards asked the County
Manager
to check with GDS before the next meeting to see if they are interested.
County
Manager
Don Adams
presented a resolution regarding the Wachovia loan for $1,950,000 for the Sparta
Elementary School
addition. He explained that this
resolution authorizes the execution of the financing documents with Wachovia.
Commissioner Ken Richardson and
County Manager Don Adams
discussed the meaning of the tax status for loans.
Commissioner Warren Taylor made a
motion to approve the resolution as presented by the County
Manager. Commissioner Sandy
Carter Herndon
seconded the motion. Vote 5:0.
County
Manager
Don Adams
presented a resolution regarding the Blue Ridge Hill Climb requesting NCDOT to
close Doughton Mountain Road
on August 5th and 6th for the Hill Climb.
Commissioner Sandy
Carter Herndon
made a motion to approve the resolution as presented by the County
Manager. Commissioner Warren Taylor seconded the
motion. Vote 5:0.
County
Manager
Don Adams
presented fuel oil bids. He stated that
Independence Oil has the lower bid, and he recommends awarding the fuel oil
contract to Independence Oil.
Commissioner Sandy
Carter Herndon,
Commissioner Graylen Blevins and County Manager Don
Adams discussed taxes on the fuel, gasoline
provider services, propane provider services and propane tanks that the County
has at the different facilities.
Commissioner Graylen Blevins made a
motion to approve Independence Oil providing Alleghany
County’s
fuel services for this year.
Commissioner Ken Richardson seconded the motion. Vote 5:0.
County
Manager
Don Adams
presented General Fund budget amendment #20 in the amount of $20,712 for Public
Assistance.
Commissioner Graylen Blevins made a
motion to approve General Fund budget amendment #20 in the amount of $20,712
for Public Assistance. Commissioner Sandy
Carter Herndon
seconded the motion. Vote 5:0.
County
Manager
Don Adams
presented the tentative 2006-2007 budget schedule. He reviewed the proposed timeline.
The Board of Commissioners and
County Manager Don Adams
discussed dates to have a budget meeting in April. They decided to have the meeting on April 20th
at 9:00am.
County
Manager
Don Adams
presented letters received by the Chairman regarding a new law that requires
comprehensive eye exams before children can enter kindergarten. He read a portion of the letter that explains
the new law.
The Board of Commissioners discussed
the State’s actions, public comments periods, paid organizations to watch these
things, giving parents a grace period to help the parents.
Chair Eldon Edwards asked the County
Manager
to contact the County Commissioners Association to find out more information.
County
Manager
Don Adams
stated that he attended a manager’s meeting last week and will be providing
information to the Board at the next meeting about changing laws but the eye
exam law wasn’t mentioned at the meeting.
Commissioner Ken Richardson stated
that this is an example of meeting with the local Board of Education and seeing
how they stand on this issue before the Commissioners take any action.
Commissioner Warren Taylor and Chair
Eldon Edwards talked about waiting to get more information and to see what
happens.
County
Manager
Don Adams
reminded everyone of the Ferguson Group’s presentation at the joint
meeting. He reviewed the joint
partnership between Alleghany
County,
Town of Sparta,
Grayson
County,
Town of Independence,
Alleghany
Memorial
Hospital
and Sparta
Teapot
Museum. He gave the amounts each entity is
contributing to the Ferguson Group with Alleghany
County’s
$20,000. He asked the Board if the
County is interested in continuing this partnership and if so, what are the
County’s priorities. He mentioned the
water authority and US 21 to Roaring Gap, Sparta
Parkway and four miles down
US 21 mountain. He explained the
different ways to obtain funding and the effects of the funding.
The Board of Commissioners had
discussions regarding NCDOT providing the local match on the roads, 4 miles
down the mountain is in two counties, prioritizing the needs and rehiring the
Ferguson Group.
Commissioner Warren Taylor made a
motion to reemploy the Ferguson Group for another year. Commissioner Sandy
Carter Herndon
seconded the motion.
Commissioner Graylen Blevins stated
that the County’s portion is contingent upon everyone continuing their
relationship.
County
Manager
Don Adams
agreed and stated that the other groups should make their decisions soon.
The Board of Commissioners voted on
the motion on the floor. Vote 5:0.
The Board of Commissioners and
County Manager Don Adams
talked about ways to rank the road priorities and ranking the projects.
County
Manager
Don Adams
reminded the Board how the projects are listed on the County’s Transportation
Improvement Plan (TIP).
Chair Eldon Edwards and Commissioner
Sandy Carter
Herndon discussed leaving the projects as they
are on the TIP.
County
Manager
Don Adams
stated that the Ferguson Group talked about funding projects for the emergency
response departments such as the volunteer fire departments, EMS
and the rescue squad. He further stated that he requested those departments to
submit their capital needs to him. He
told the Board that this could be a potential priority with the Ferguson Group.
Chair Eldon Edwards presented a
proclamation for the Heart Fund Auction.
He explained the request for the proclamation.
Commissioner Warren Taylor made a
motion to approve the proclamation.
Commissioner Graylen Blevins seconded the motion. Vote 5:0.
Chair Eldon Edwards mentioned a
letter he gave to the Commissioners from the Department of Transportation
regarding funding shortfalls.
Commissioner Warren Taylor informed
the Board that Blue Ridge RC&D will provide some monies for the walking
trail between Wilkes
Community College
and Alleghany
High School. He stated that the monies will go towards
getting a topo of the area and the engineer study.
County Manager Don
Adams mentioned that the research he had
done stated that the trail has to be a concrete walk because it is a passage
way. He talked about the costs of a concrete
walk.
Commissioner Sandy
Carter Herndon
asked for an update on the land-use committee’s activities.
County
Manager
Don Adams
stated that the major issues have been decided, and he has to write the
plan. He stated that he will have a
draft ready by the first meeting in March.
Commissioner Ken Richardson
mentioned a handout regarding Medicaid relief.
He stated that the handout describes a proposal by the task force. He further stated that he is going to Raleigh
to meet with the steering committee and is asking for guidance from the
Commissioners on how to vote on this topic on behalf of Alleghany
County. He briefly described the proposal of swapping
the Article 39 sales tax for the Medicaid expenses.
County
Manager
Don Adams
stated that the counties can levy an additional 1¢ sales tax. He explained that if counties don’t raise the
sales tax, the counties must ensure that the towns don’t lose any money. He gave examples.
The Board of Commissioners discussed
the Medicaid proposal and how it will affect the County.
Commissioner Ken Richardson stated
that he will meet with the County
Manager
before going to this meeting.
County
Manager
Don Adams
talked about his manager’s meeting last week and how this proposal will affect
the towns.
Commissioner Ken Richardson stated
that he will go to the meeting with the ideas from the Commissioners.
Commissioner Ken Richardson said
that he is speaking on behalf of the library board and as a member of the Board
of Commissioners. He talked about
additional funding needed from the schools.
He further talked about placing the school needs on a bond issue for the
November ballot. He talked about the
need to have meetings to talk with the School Board. He said he will not support any more
installment purchases for the schools, it must be a bond. He stated that the library is asking for a
separate bond on the November ballot. He
talked about the probability of a bond passing for the schools if all of the
schools are included.
Commissioner Warren Taylor and
Commissioner Ken Richardson talked about the middle school concept and the other
needs that have been mentioned.
County
Manager
Don Adams
reminded everyone that if the Board is looking at bonds, it doesn’t get done
quickly. He stated the need to decide
soon about placing bonds on the November ballot.
The
Board of Commissioners discussed the estimated numbers from Dr. Cox, bonds need
to be accurate numbers, middle school concept and the school population at Piney
Creek
Elementary School
if a middle school is approved.
Commissioner
Warren Taylor stated that it is important to have these discussions with the
Board of Education. He suggested that
the Chairman get together with Charles Joines and Dr. Cox to schedule a meeting
between the boards.
Commissioner
Graylen Blevins stated that if the school system will present the bond in the
right way, he thinks it will pass.
Chair Eldon Edwards asked for public
comments.
Charlie Scott stated that the Board
of Education has scheduled a retreat to discuss these issues. He talked about scheduling the joint meeting
after this retreat.
Coby Larue stated that the retreat is scheduled for February 10th
and 11th in Boone.
George Stancil talked about a bridge about the size of the one in question
at the High School was built for around $30,000.
Charlie Scott stated that golf cart
bridges cost around $60,000 to $70,000.
County Manager Don Adams talked about Martin Marietta will supply materials but
can’t supply anything else. He further
talked about they are in the bridge building business instead of the walkway
business.
Being no further business, Commissioner
Warren Taylor made a motion to adjourn at 8:46pm. Commissioner
Graylen Blevins seconded the motion.
Vote 5:0.
Respectfully
submitted,
Karen Evans
Clerk to the Board
Attest:
Eldon Edwards
Chairman
RESOLUTION AUTHORIZING THE EXECUTION AND
DELIVERY OF AN INSTALLMENT financing CONTRACT IN THE AMOUNT OF $1,950,000 WITH
WACHOVIA BANK, NATIONAL ASSOCIATION TO FINANCE THE construction and equipping
of a classroom and media center addition to Sparta Elementary School in Sparta,
North Carolina, AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED INSTRUMENTS,
AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH
BE IT
RESOLVED by the governing body for the County of Alleghany, North Carolina (the “County”):
The governing body of the County does hereby find and determine:
At the request of the Alleghany County Board of Education (the “School
Board”), the County proposes the construction and equipping of a classroom and
media center addition to Sparta Elementary School in Sparta, North Carolina, as
more fully described in the hereinafter mentioned Contract (the “Project”);
After consideration, the governing body of the County has determined that
the most advantageous manner of financing the Project is by an installment
contract pursuant to Section 160A-20 of the General Statutes of North Carolina,
as amended;
Pursuant to Section 160A-20, the County is authorized to finance the
construction and equipping of the Project by entering into an installment
financing contract and a deed of trust or other security instrument that
creates a security interest in the property financed to secure repayment of the
financing;
As required by Section 160A-20, on January 2, 2006, the County held a
public hearing with respect to the financing of the Project through the
Contract, after notice of such hearing was published at least ten (10) days
prior to the hearing;
Wachovia Bank, National Association (“Wachovia”) has proposed that Wachovia
enter into an Installment Financing Contract with the County to finance the
Project pursuant to which Wachovia will lend the County the amount of
$1,950,000 (the “Contract”), the proceeds of which will be held in an escrow
account under an Escrow Agreement between the County and Wachovia Bank,
National Association, as escrow agent (the “Escrow Agreement”) and disbursed to
pay costs of the Project;
The County and Wachovia previously entered into an Installment Financing
Contract dated November 15, 2004 pursuant to which Wachovia loaned money to the
County to refinance a previous loan, the proceeds of which were used to
renovate Sparta Elementary School and, in connection therewith, the County
executed and delivered a Deed of Trust and Security Agreement, as amended by a
First Amendment to Deed of Trust dated November 15, 2004 (collectively, the
“Deed of Trust”) in favor of Wachovia.
Sparta Elementary School is leased to the Alleghany County Board of
Education pursuant to a Lease Agreement dated September 27, 1995, as amended by
a First Amendment to Lease Agreement dated November 15, 2004, which will be
further amended to include the Project by the execution and delivery of a
Second Amendment to Lease Agreement dated on or about the date of the Contract
(the “Second Amendment to Lease”).
The governing body hereby authorizes and directs the proper officer of the
County (which may be the Chairman, the Vice Chairman or the County Manager) to
execute, acknowledge and deliver the Contract, the Second Amendment to Deed of
Trust, the Escrow Agreement and the Second Amendment to Lease on behalf of the
County in such form and substance as the person executing and delivering such
instruments on behalf of the County shall find acceptable. The Clerk is hereby authorized to affix the
official seal of the County to the Contract, the Second Amendment to Deed of
Trust, the Escrow Agreement and the Second Amendment to Lease and attest the
same.
The proper officers of the County are authorized and directed to execute
and deliver any and all papers, instruments, opinions, certificates, affidavits
and other documents and to do or cause to be done any and all other acts and
things necessary or proper for carrying out this Resolution, the Contract, the
Second Amendment to Deed of Trust, the Escrow Agreement and the Second
Amendment to Lease.
Notwithstanding any provision of the Contract, the Second Amendment to Deed
of Trust, the Escrow Agreement or the Second Amendment to Lease, no deficiency
judgment may be rendered against the County in any action for breach of a
contractual obligation under the Contract, the Second Amendment to Deed of
Trust, the Escrow Agreement or the Second Amendment to Lease and the taxing
power of the County is not and may not be pledged directly or indirectly to
secure any moneys due under the Contract, the security provided under the
Contract and the Deed of Trust as amended by the Second Amendment to Deed of
Trust being the sole security for Wachovia in such instance.
The County 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 (the “Code”) as required so that
interest on the County’s obligations under the Contract will not be included in
the gross income of Wachovia.
The County hereby represents that it reasonably expects that it, all
subordinate entities thereof and all entities issuing obligations on behalf of
the County will issue in the aggregate less than $10,000,000 of tax-exempt
obligations, including the Contract (not counting private-activity bonds except
for qualified 501(c)(3) bonds as defined in the Code) during calendar year
2006. In addition, the County hereby
designates the Contract and its obligations under the Contract as a “qualified
tax-exempt obligation” for the purposes of the Code.
This Resolution is contingent upon Local Government Commission (LGC)
approval and shall take effect immediately following the LGC approval.
Upon motion of __________________, seconded by
__________________, members of the governing body, the foregoing resolution
entitled “RESOLUTION AUTHORIZING THE EXECUTION
AND DELIVERY OF AN INSTALLMENT FINANCING CONTRACT IN THE AMOUNT OF $1,950,000
WITH WACHOVIA BANK, NATIONAL ASSOCIATION TO FINANCE THE construction and equipping of a classroom and media
center addition to Sparta Elementary School in Sparta, North Carolina, AUTHORIZING THE EXECUTION AND DELIVERY OF
RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH” was passed by the following vote:
Ayes:
Nays:
PASSED AND
ADOPTED this 6th day of February, 2006.
North Carolina
Alleghany County
RESOLUTION
Blue Ridge Sports Car Hill Climb
WHEREAS,
the Central Carolina Region of the Sports Car Club of America, Inc. (SCCA), has
expressed a desire to hold a Hill Climb event in the Laurel Springs Community
during August 5 & 6, 2006; and
WHEREAS,
the Alleghany County Chamber of Commerce supports this event known as The Blue
Ridge Hill Climb – Doughton Mountain Road; and
WHEREAS,
the publicity afforded the sponsoring community will serve as a valuable
economic development tool; and
WHEREAS,
the event will have positive economic impact on the sponsoring community;
NOW,
THEREFORE BE IT RESOLVED, that the Alleghany County Board of Commissioners
welcomes the Blue Ridge Hill Climb and supports the SCCA request of the North
Carolina Department of Transportation for the temporary closure of Doughton Mountain Road during the period of the
event.
Adopted this the 6th day of February, 2006.