The Alleghany County Board of Commissioners met in regular session on Wednesday, January 19, 2005, at 10:00am in the Conference Room of the County Office Building, 90 South Main Street, Sparta, North Carolina.
Present: Chair Eldon Edwards, Vice-Chair Warren
Chair Eldon Edwards called the meeting to order and opened with a prayer.
Chair Eldon Edwards stated that the agenda needs to be changed to reflect that Duane Davis and Charles Joines would not be attendance.
Chair Eldon Edwards made a motion to
approve the amended agenda for this
Wednesday, January 19, 2005
10:00 Meeting Called To Order
Motion on Agenda for January 19, 2005 meeting
Motion on Minutes for January 3, 2005 meeting
RE: Tax Releases & Refunds
RE: Annual Report and CAP Administration
RE: Aerial Photos
10:45 Linda Hash
RE: Soil and Water Full-time Position
Duane Davis/Charles Joines (deleted)
RE: Property Needs
1. Alleghany Garbage Service Franchise
2. Fuel Oil Contract
3. Budget Amendment—Blue Ridge BDC
4. Other Business
5. Public Comments—30 minutes
6. Closed Session—NCGS 143-318.11 (a) (6)—Personnel
Warren Taylor made a motion to approve the minutes for the
Mary Walker, Tax Administrator, presented the November 2004 real property requests in the amount of $206.66 for releases and $4,047.93 for refunds.
Commissioner Warren Taylor made a
motion to approve the November 2004 real property requests in the amount of
$206.66 for releases and $4,047.93 for refunds.
Mary Walker, Tax Administrator, presented the November 2004 automobile requests in the amount of $489.74 for releases and $442.75 for refunds.
Walker, Tax Administrator, presented an application for a property-tax
exemption. She explained that the
property is 0.688 acres that joins
Warren Taylor made a motion to approve the property tax exemption for New Hope
Missionary Baptist Church. Commissioner
Mary Walker, Tax Administrator, presented the December 2004 real property requests in the amount of $1,652.45 for releases and $236.40 for refunds.
Chair Eldon Edwards made a motion to
approve the December 2004 real property requests in the amount of $1,652.45 for
releases and $236.40 for refunds.
Mary Walker, Tax Administrator, presented the December 2004 automobile requests in the amount of $703.14 for releases and $371.58 for refunds.
Mary Walker, Tax Administrator, presented a motor-vehicle appeal for a 1998 Volvo truck. She explained that the vehicle has 1,119,399 miles. She stated that she is recommending the value to be $24,000 based upon the appraisal she received.
Warren Taylor made a motion to approve the Tax Administrator’s recommendation
on this vehicle-tax appeal. Commissioner
Mary Walker, Tax Administrator, presented a letter asking that the solid waste fee be discontinued on this property. She explained that this house hasn’t been occupied since April 2003 and without power since December 2004.
Board of Commissioners, County Manager
Commissioner Warren Taylor asked
Chair Eldon Edwards and
Eva Wooten talked about sending
dental emergencies to Ashe or Watagua counties if the dentist isn’t in
Commissioner Warren Taylor made a motion to designate Appalachian District Health Department as the lead agency on the CAP program. Commissioner Ken Richardson seconded the motion. Vote 4:0.
Commissioner Warren Taylor stated his appreciation for the work that has been completed on this project.
Commissioner Ken Richardson asked if the server needs to be ordered now.
Commissioner Warren Taylor and
The Board of Commissioners and
Commissioner Warren Taylor made a
motion to approve the contract with L. Robert Kimball & Associates for
Linda Hash, Soil and Water Office Manager/Technician, talked about how the aerial photos will benefit the Soil and Water department, too. She explained that she is coming to the Board to ask for the part-time Administrative Assistant/Technician position be changed to a full-time position as of February 1. She explained that the reason she is asking for the change now is due to the recent Federal position changing in Alleghany County. She discussed the amount of money needed for the change for the fiscal year and the amount of money needed for next budget year. She talked about how the Soil and Water office has been asked to take over the Federal workload until the Federal position is filled. She further talked about the current workload between all of the programs; Federal, State and County.
Commissioner Warren Taylor and Linda Hash talked about the hiring freeze on the Federal level, and the Federal position would not be reviewed until the hiring freeze is removed.
Commissioner Warren Taylor asked if the $2,000 from the Soil and Water Board would be ongoing.
Linda Hash stated that the Board has appropriated the money for this year. She further talked about grants and other funding sources that they are looking at to further the Soil and Water district activities.
Commissioner Warren Taylor, County
Chair Eldon Edwards and Linda Hash talked about the person in the part-time position being reclassified to full-time.
Warren Taylor made a motion to approve the franchise ordinance. Commissioner
Commissioner Warren Taylor asked if bidding it out in different parts would the County save money over bidding everything together.
Commissioner Warren Taylor talked about reasons for separating the bidding including saving money and ensuring all of the services are being offered including Social Services.
Warren Taylor stated that he thinks the
Commissioner Warren Taylor stated that he thinks the budget amendments are necessary to bring back to the Board.
Ken Richardson made a motion to approve budget amendment General Fund #23 in
the amount of $50,000. Commissioner
Ken Richardson stated that he would like to commend Clerk to the Board
Ken Richardson talked about attending the Legislative Goals Conference last
week. He explained that this conference
was to adopt goals and policy statements.
He further reviewed the importance of contacting our legislators in
Ken Richardson addressed the comments at the last meeting about the
Ken Richardson talked about attending a meeting in
Chair Eldon Edwards thanked Commissioner Ken Richardson for attending the Legislative Goals Conference and the report about the Conference.
Chair Eldon Edwards asked for public comments. None were received.
Warren Taylor made a motion to enter into closed session under NCGS 143-318.11
(a) (6)—personnel at 11:52am.
Chair Eldon Edwards called for a 5-minute recess.
Commissioner Warren Taylor left the meeting at 11:54am.
Bill Graham joined the meeting at 12:04pm.
Bill Graham left the meeting at 12:19pm.
Chair Eldon Edwards made a motion to adjourn closed session and reconvene the regular meeting at 12:27pm. Commissioner Ken Richardson seconded the motion. Vote 3:0.
Chair Eldon Edwards stated that no action was taken during closed session.
Being no further business,
Clerk to the Board
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.
(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
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:
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.
ATTEST: ALLEGHANY BOARD OF COMMISSIONERS:
Clerk to the Board
Warren Taylor, Vice-Chair
Graylen Blevins, Member
Ken Richardson, Member
Exhibit “A” to Ordinance
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.
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
2 cubic yards container $50;
3 cubic yards container $55;
4 cubic yards container $65; and
6 cubic yards container $100