The Alleghany County Board of
Commissioners met in regular session on
Present: Chair Eldon Edwards, Vice-Chair Warren
Taylor, Commissioner
Chair Eldon Edwards
called the meeting to order.
Commissioner Warren
Taylor opened the meeting with a prayer.
Commissioner
AGENDA
Motion on Agenda for
January 3, 2005 meeting
Motion on Minutes for December 20, 2004 meeting
RE:
RE: Garbage Franchises Ordinances
RE:
1. Reminder
2. Reminder
3. Legislative Goals Discussion
4. Other Business
5. Public Comments—30 minutes
6. Closed Session—NCGS 143-318.11 (a)
(6)—personnel
7. Adjourn
Commissioner Warren
Taylor made a motion to approve the minutes for the
Chair Eldon Edwards recessed the
regular meeting at
Chair Eldon Edwards asked for public
comments. None were received.
Chair Eldon Edwards closed the
public hearing at
Commissioner
Commissioner Graylen Blevins arrived
at
The Board of Commissioners discussed
moving the meeting to another day and decided to hold the meeting on
Chair Eldon Edwards recessed the
regular meeting at
Chair Eldon Edwards asked for public
comments. None were received.
Chair Eldon Edwards closed the
public hearing on the Alleghany Garbage Service franchise at
Commissioner Warren
Taylor made a motion to approve the Solid Waste Collection Franchise Ordinance.
Commissioner
The Board of Commissioners and
County Manager
Chair Eldon Edwards opened the
public hearing at
Chair Eldon
Edwards asked for public comments from the approximately 25 people in
attendance.
Randy
Dillard asked that the contractor charges be reviewed.
Randy
Dillard asked if he could haul his construction debris on his dump truck and
haul Jerry’s construction debris, too.
County
Manager
Commissioner Warren
Taylor stated that is not what has been discussed. He further stated that it was his
understanding that the Dumpster service is the only thing affected by this
proposed franchise. He explained that if someone wanted a Dumpster to put their
construction debris in, then they had to call M&J Disposal.
Commissioner
Randy Tucker asked if
a contractor has a Dumpster onsite and needs other things hauled off; such as,
stumps, could other people haul those things off.
Commissioner Warren
Taylor stated that shouldn’t be a problem.
Commissioner Graylen
Blevins talked about if there is a Dumpster on the job site, the contractor can
still haul or have stuff hauled away from the job site by a dump truck.
Chair Eldon Edwards stated
that is one concern that was discussed with Darren Cranford.
Commissioner
Randy Tucker talked
about tearing an old building down and having stumps and other debris to haul
to the landfill.
Commissioner Warren
Taylor stated that would be no problem.
Commissioner Graylen
Blevins talked about clarifying the terms and further explaining this proposed franchise.
Darren Cranford
explained the reasons for calling M&J Disposal when you need a Dumpster for
the construction debris.
Scott Smith asked if
you could call Waste Management for their Dumpster services.
Darren Cranford
stated that you would not be able to call them for their Dumpster services
under the proposed franchise.
Larry Woodie asked if
compactor Dumpster service will be available.
Darren Cranford
stated that is not in M&J Disposal’s scope of services.
Larry Woodie talked
about language should be added to the ordinance to state that if M&J
Disposal can’t offer a particular Dumpster service then people can call other
Dumpster services for that particular Dumpster service.
Scott Smith asked how
much weight the Dumpsters will hold.
Darren Cranford stated
that the weight will vary according to the type of material in the Dumpster.
Scott Smith asked if
he has different size Dumpsters.
Darren Cranford
stated that he has small and large Dumpsters.
DW Miles asked about
the fee schedule.
DW Miles asked if he
hauls his own stuff, what he will be charged.
DW Miles stated that
it isn’t going to cost the citizens any more than it will cost M&J Disposal
to take the debris to the Transfer Facility.
County Manager
Jerry Sadler asked
why this franchise is needed.
Chair Eldon Edwards
stated that Darren Cranford requested the Board to consider this request.
Darren Cranford
explained the reasons for asking the Board to consider granting an exclusive
franchise to M&J Disposal for the construction debris.
Jerry Sadler stated that
everyone is the same situation with investing a lot of time and money in our
businesses.
Scott Smith said that
the waste industry is a growing business and it is not fair to say that
everyone else is not eligible to spend their money to offer this service. He added that he doesn’t see why there is a
need for an exclusive franchise.
Randy Tucker asked
about the length of the contract being 10 years and if the rates would stay the
same on the fee schedule.
Darren Cranford
answered that the rates would stay the same unless the landfill fees goes up or
fuel goes up.
Randy Dillard asked
about the financial side of the business, if contractors stopped using M&J
Disposal, would they go bankrupt if the services are reduced.
Darren Cranford
stated that he has no insight to a rate increase and is not attempting to stop
anyone from hauling their own debris.
Randy Dillard asked
if something happens financially to M&J Disposal, what happens to the
franchise.
Darren Cranford
stated that he loses the franchise.
Randy Dillard asked
can someone reinstate the franchise if they buy Darren Cranford’s business.
Commissioner
Larry Woodie asked if
M&J Disposal could sell it to someone who would pay over and above.
Chair Eldon Edwards
and Commissioner Warren Taylor stated that the Board has no control over that
kind of action.
Commissioner
Commissioner Graylen
Blevins asked if this is going to be our responsibility to provide this service
and incur any liability associated with the service.
Commissioner Warren
Taylor and County Manager
Commissioner
DW Miles asked if
this action is necessary. He stated that
a good contractor has little waste. He
further stated that he is glad that Darren provides this service but is this
something that needs to be regulated since it is a private service like
everyone else’s businesses.
Commissioner Graylen
Blevins stated that the Board is considering the request because Darren
Cranford asked the Board to consider granting an exclusive franchise. He further stated that it is the Board’s
responsibility to hear each and every comment.
DW Miles stated that
he heard that a fee will be added to the building permit for this service.
Chair Eldon Edwards
stated that isn’t true and this is one reason a public hearing is good in order
to straighten stuff like that up right now.
Johnny Williams
pointed out that the port-a-johns are now tied to the building permit.
Commissioner
DW Miles asked if the
Board thinks that this could become a State law.
Commissioner
Scott Smith talked
about how, if this is passed, Darren Cranford would have his foot in the door
with the building industry concerning grading, landscaping and hydro
seeding. He talked about the
monopolizing effect this would have on the other services besides the Dumpster
service.
Darren Cranford
stated that before the Dumpster is set down on a job site, most of the stuff is
already set. He further stated that he
rarely sees the landowner and mostly deals with the contractor.
Scott Smith talked
about having Waste Management haul their stuff.
Jerry Sadler stated
that he doesn’t like being told where he has to go to get the services.
Allen Shaw talked
about how he started his grading business and might want to take the chance to
get into the Dumpster business later.
Commissioner
Allen Shaw stated
that we shouldn’t look at granting an exclusive franchise at all.
Larry Brown asked if
this will add $50 to the building permit fees.
Commissioner
DW Miles stated that
the franchise is taking away the competition, and it is a private enterprise
and shouldn’t be allowed to monopolize the industry.
Commissioner Graylen
Blevins asked the
Chair Eldon Edwards
requested a show of hands that was in favor of granting an exclusive franchise
to M&J Disposal.
Randy Dillard asked
what about if you don’t care one way or another and how that affects the hand
count.
Commissioner Graylen
Blevins stated that it is up to everyone to vote how they feel or not to vote
at all.
Chair Eldon Edwards
requested a show of hands that was in favor of granting an exclusive franchise
to M&J Disposal.
No one in the
audience raised their hand.
Chair Eldon Edwards
requested a show of hands that was not in favor of granting an exclusive
franchise to M&J Disposal.
The majority of the
audience raised their hands.
Chair Eldon
Edwards closed the public hearing at
Commissioner
Ken Richardson stated that this is a perfect example of why public hearings
must be held. He explained that the
request had been made and procedure followed.
He stated that after the public hearing, there is no way he can support
this issue, will all due respect to M&J Disposal.
Commissioner
Warren Taylor talked about with granting a franchise, the service is guaranteed
to be offered and without a franchise, the business could quit offering the
services now. He explained that the Alleghany
Garbage Service franchise is to ensure the garbage collection service is
provided for people who want the service.
Commissioner
Graylen Blevins stated that he had several issues with the proposed exclusive
franchise including the free-trade issue.
He further stated that he listens to the public and his decision would
have to go with the public comments.
Chair Eldon
Edwards stated that he has always had questions about the exclusive franchise
but understands Darren Cranford’s reasons including the investment.
Commissioner
Graylen Blevins stated that everyone here would like to protect their
investment for their business but it is a risk that all business owners must take.
Chair Eldon
Edwards talked about Alleghany Garbage Service franchise is a different
situation that M&J Disposal.
Commissioner
Graylen Blevins talked about everyone protecting their investment. He further talked about the public hearing
process.
Chair Eldon
Edwards asked if hears a motion on the proposed M&J Disposal exclusive
franchise.
No motion
was made.
Darren
Cranford stated that this was not his intention when he was trying to get the
same as Alleghany Garbage Service. He
further stated that he sees no reason to get upset over this matter and hopes
there are no hard feelings on what he was trying to do.
Randy
Tucker asked about his $5 per month solid waste fee and changing the billing to
annually.
Larry Brown
asked what the $5 is for.
Chair Eldon
Edwards talked about when the Transfer Facility was first started, money was
being used from the General Fund and the State said the County couldn’t do that
because the Transfer Facility fund must be self supporting.
Commissioner
Ken Richardson invited everyone to stay for the next public hearing regarding
spending $1.5 million.
Chair Eldon Edwards called for a
brief recess at
Chair Eldon
Edwards reconvened the regular meeting at
Chair Eldon
Edwards asked for public comments. None
were received.
Chair Eldon
Edwards closed the public hearing at
Commissioner Warren
Taylor made a motion to approve the resolutions as presented by the
Commissioner
The Board of
Commissioners reviewed the proposed legislative goals for the upcoming NCACC
Legislative Goals Conference where Commissioner Ken Richardson will represent
Commissioner Ken
Richardson talked about his disappointment in the public not attending public
hearings and the need to do more to let the citizens know about certain public
hearings. He listed “why” questions that
the public has asked about County government concerning the Administration
Building including points of taking away one of the best corners on Main
Street, end up with at least three buildings that are 40+ years old, plans did
not include a building that pays almost $50,000 in rent annually, chose a
location for a consolidated facility, spend $1,500,000 on a facility by
increasing taxpayer burden and take away the ability to help fund the schools,
tea pot project, library, courthouse, county building and other needs and this
cannot be accomplished without raiding the fund balance and having to raise taxes
to help these other projects. He
reiterated that these are the questions that he is unable to answer.
Commissioner Graylen
Blevins asked if the public said that the Board is neglecting the tea pot
project, the schools and the library.
Commissioner Ken
Richardson stated that he was referring to the ability to fund those projects.
Commissioner Graylen
Blevins talked about sending notices to every household, people watching
Channel 50; which the Board spends $60 per month on, and people reading the newspaper
as public notification of the Board’s actions.
He stated that it would costs around $2,400 to mail the notifications to
address the monthly meetings. He said he
has concerns about having the
Commissioner
Commissioner Warren
Taylor talked about how a consolidated government center would be great if the
County could afford such a facility. He
further talked about how the County doesn’t have the revenues to support that
type of facility. He said when he is
looking at making a $2.5-million-dollar decision versus a $5 to $6-million-dollar
decision; it wasn’t hard for him to make that decision. He further said that if the Board had funded
the higher level project, it would take away the ability to fund other
things.
Chair Eldon Edwards
talked about trying to build a joint municipal facility several years ago and
couldn’t get the funding for the project.
He stated that the County needs to have a good working environment. He said that he didn’t think the County
should be paying rent if at all possible for County government.
Chair Eldon Edwards
asked for public comments. No comments
were received.
Commissioner Ken
Richardson asked about the joint meeting with the Board of Education.
Commissioner Ken
Richardson stated that he thinks everyone is missing an opportunity for the
Boards to go to all four schools.
Commissioner Warren
Taylor made a motion to enter into closed session under NCGS 143-318.11 (a)
(6)—personnel at
Jimmy Reeves and Alex
Reeves joined the meeting at
Jimmy Reeves and Alex
Reeves left the meeting at
Donna Shumate joined
the meeting at
Donna Shumate left
the meeting at
Commissioner Warren
Taylor made a motion to adjourn closed session and reconvene the regular
meeting at
Chair Eldon Edwards
stated that no action was taken during closed session.
Being no further
business, Chair Eldon Edwards made a motion to adjourn the meeting at
Respectfully submitted,
Clerk to the Board
Attest:
Eldon Edwards
Chairman
SOLID WASTE COLLECTION
FRANCHISE ORDINANCE
AN ORDINANCE
GRANTING A SOLID WASTE COLLECTION
FRANCHISE
TO ALLEGHANY GARBAGE SERVICE, INC.
(Pursuant to North Carolina General Statute 153A-136)
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE
Section
1. SHORT TITLE:
This ordinance shall be known and may be cited as the “Alleghany County Solid Waste Franchise Ordinance.”
Section
2. DEFINITIONS:
For the purposes of this ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not consistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
(1) “Business Records” means all documents, papers, letters, plats, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts or other documentary material, regardless of physical form or characteristics made or received by the Company.
(2) “County”
means
(3) “Company” means Alleghany Garage Service, Inc.
(4) "Solid waste" means any solid waste resulting from the operation of residential, commercial, industrial, governmental, or institutional establishments that would normally be collected, processed, and disposed of through a public or private solid waste management service. Solid waste does not include hazardous waste, sludge, industrial waste managed in a solid waste management facility owned and operated by the generator of the industrial waste for management of that waste, or solid waste from mining or agricultural operations.
Section
3. RESIDENTIAL AND COMMERICAL
RATE:
Residential and Commercial rates
shall be initially as set forth on the attached Exhibit “A”, as those rates are
varied in accordance with action by the Board of County Commissioners. The fee schedule may be varied by an
affirmative vote of a majority vote of the Board of Commissioners. The current fee schedule shall be maintained
by the
Section 4. PRICE
INCREASES:
During
the term of this Franchise and any renewal of the same, the Company shall maintain
the stated rates until a rate change is approved by the Board of County
Commissioners. Any request for a change in rates must be accompanied by a written request from Company with supporting justification for an increase or decrease. The Board may consider justification for a change in rates, to include, but not be limited to (1) increase in the cost of living index; (2) increase in fuel costs; (3) increase in insurance costs; (4) an increase in landfill charges.
Section 5. TERM OF
FRANCHISE:
The term of this franchise is ten (10) years and shall continue in full force and effect during this period of time unless terminated as permitted below.
Section 6.
ADDITIONAL RATES:
For specific types of pickups other than those stated above, there shall be charges allowed as per individual contract, so long as such contracted charges shall be reasonably in accord with the above rate, as amended.
Section
7. EXCLUSIVE GRANT:
This franchise is exclusive. The County may not grant the same or similar rights and privileges to other persons while the franchise is in effect. However, this ordinance shall not apply to industrial or commercial business that requires equipment or capabilities beyond those available to Franchisee. Further, this ordinance does not require any citizen, resident or commercial entity to use the services provided by the Franchisee holder.
Section
8. TERRITORY:
This Franchise is granted for
all unincorporated territory within
Section
9. DISPLAY OF NAME:
The Company must prominently display its name and phone number on each
vehicle used to collect solid waste.
Section
10. LAWS AND ORDINANCES:
The Company shall, at all times during the term of this franchise, be subject to and in compliance with the provisions of the present Charter of the County, the current ordinances, resolutions, rules and regulations of the County, and the laws of the State of North Carolina, and the United States Government so far as they may be applicable, especially with regard to environmental regulation.
Section
11. FORFEITURE:
Any violation by the Company of the provisions of this franchise or the failure by the Company to promptly perform any of the provisions herein shall be cause for the forfeiture of this franchise and all rights hereunder. The County may revoke and terminate this franchise following a thirty (30) day written notice to the Company that a violation of the ordinance has occurred and Company fails to cure the breach or nonconforming activity.
Section
12. COMPANY TO
(1) The Company shall hold harmless the County and the County’s officers, agents and employees from every loss, cost, expense, claim, judgment, execution, suit or demand resulting or in any manner arising from the action or inaction of the Company in operating its solid waste collection service.
(2) If the County or any officer, agent or employee of the County is sued in any court by any person or account of the action or inaction of the Company in operating its solid waste collection service or exercising or failing to exercise any right or privilege granted by this franchise, the Company shall defend all such suits and pay the final judgment resulting therefrom, and shall, at the option of the County or any officer, agent or employee of the County who is a defendant in such suit, be made a party to the suit.
Section
13. COUNTY TAKING PART IN
LITIGATION:
The Company shall not object to County’s taking part, by intervention or otherwise, at its option, in any suit, action or proceeding instituted by or against the Company in which any judgment or decree or act can be rendered foreclosing any lien on any of the Company’s property, or affecting the right, powers or duties of the Company to do or not to do anything which by this franchise it is obligated or may be require to do
or not to do, and also to taking such steps in any such proceeding as may be deemed essential by the County to protect the interest of the public or the County.
Section
14. ACCESS TO BUSINESS
RECORDS:
The County shall have access to business records of the Company at all reasonable times. The Company shall provide to the County a copy of any business record requested by the County, at the Company’s expense. This section does not apply to any business record made private by any state or federal law or regulation, to personnel records of the Company, to proprietary or trade secret information contained in business records or to information which is privileged under the attorney-client relationship.
Section
15. BANKRUPTCY OR
RECEIVERSHIP:
Should the Company go into bankruptcy or into the hands of a receiver or other court officer, either voluntarily or involuntarily, or reorganize or merge or consolidate under provisions of law, or should the properties and business of the Company be foreclosed or sold to satisfy any lien or indebtedness or obligation of the Company, the interest, rights and remedies of the County in respect to said properties and operations shall not be affected or prejudiced, and any receiver, assignee, trustee, purchaser, or successor, whether by operation of law or otherwise, so succeeding to or representing the interest or position of the Company in respect to the property shall be bound by this ordinance and the terms and provisions hereof, and shall be bound to carry out and perform the obligations and duties imposed upon the Company by this ordinance.
Section
16. ACCEPTANCE:
This franchise and its terms and provisions shall be accepted by the Company in writing, executed and acknowledged by it in such way as may be necessary to meet the approval of the County Attorney, and filed with the County Manager, who shall record the same in the Book of Ordinances.
Section 17. EFFECTIVE DATE
This ordinance is effective from and after the date of its adoption.
This Ordinance shall take effect and be enforced on the _____ day of __________, 2005.
Adopted this the ______ day of ________________,
2005.
Exhibit “A” to Ordinance
RESIDENTIAL RATE:
As of the date of the passage of this ordinance the residential rate is as follows: Residential curb collection, once per week, is $14.00 per month.
COMMERCIAL RATE:
As of the date of the passage of this ordinance the commercial rates are as follows: The rate varies from Fifty ($50) Dollars per month to One Hundred ($100)
Dollars per month depending on the size of the dumpster used by the customer as
follows:
2 cubic yards container $50;
3 cubic yards container $55;
4 cubic yards container $65; and
6 cubic yards container $100
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR APPROVAL OF A FINANCING AGREEMENT AUTHORIZED BY NORTH CAROLINA GENERAL STATUTE 160A-20
WHEREAS, the County of Alleghany, North Carolina desires to finance the renovation of facility to consolidate departments into an Administration Building to better serve the citizens of Alleghany County; and
WHEREAS, the County of Alleghany desires to finance the Project by the use of an installment 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 Alleghany County, North Carolina, meeting in regular session on the 3rd day of January, 2005, make the following findings of fact:
1. The
proposed contract is necessary to renovate an existing facility for
consolidation of
2. The
proposed contract is preferable to a bond issue for the same purpose because of
the cost incurred for this small of an issue and interest rates would be very
similar in either instance. (i) It would not be
prudent for
3. It is anticipated the cost of financing under the proposed contract is less than the cost of issuing general obligation bonds.
4. The sums to fall due under the contract are adequate and not excessive for the proposed purpose because of the size of the issue.
5.
6. The
increase in taxes necessary to meet the sums to fall due under the proposed
contract will be $1.46 per $100 valuation and is not deemed to be excessive.
7. The County of Alleghany is not in default in any of its debt service obligations.
8. The
attorney for the
NOW,
THEREFORE, BE IT FURTHER RESOLVED that the
This resolution is effective upon its adoption this 3rd day of January, 2005.
RESOLUTION
WHEREAS, Alleghany County (“County”) has previously determined to undertake a project for installment purchase for renovation of building, and the Finance Officer has now presented a proposal for the financing of such Project.
BE IT RESOLVED, as follows:
1.
The County hereby determines to finance the
Project through Branch Banking and Trust Company (“BB&T”), in accordance
with the proposal dated
2. All financing contracts and all related documents for the closing of the financing (“the Financing Documents”) shall be consistent with the foregoing terms. All officers and employees of the County are hereby authorized and directed to execute and deliver any Financing Documents, and to take all such further action as they may consider necessary or desirable, to carry out the financing of the Project as contemplated by the proposal and this resolution. The Financing Documents shall include a Financing Agreement and an Escrow Agreement as BB&T may request.
3. The Finance Officer is hereby authorized and directed to hold executed copies of the Financing Documents until the conditions for the delivery of the Financing Documents have been completed to such officer’s satisfaction. The Finance Officer is authorized to approve changes to any Financing Documents previously signed by County officers or employees, provided that such changes shall not substantially alter the intent of such documents or certificates from the intent expressed in the forms executed by such officers. The Financing Documents shall be in such final forms as the Finance Officer shall approve with the Finance Officer’s release of any Financing Document for delivery constituting conclusive evidence of such officer’s final approval of the Document’s final form.
4. The County shall not take or omit to take any action the taking or omission of which shall cause its interest payments on this financing to be includable in the gross income for federal income tax purposes of the registered owners of the interest payment obligations. The County hereby designates its obligations to make principal and interest payments under the Financing Documents as “qualified tax-exempt obligations” for the purpose of Internal Revenue Code Section 265 (b)(3).
5. All prior actions of County officers in furtherance of the purposes of this resolution are hereby ratified, approved and confirmed. All other resolutions (or parts thereof) in conflict with this resolution are hereby repealed, to the extent of the conflict. This resolution shall take effect immediately.
Approved this the 3rd day of January, 2005.