The
Alleghany County Board of Commissioners met in regular session on Monday, March
20, 2006, 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 Taylor,
Commissioner Sandy
Carter Herndon, Commissioner Ken Richardson, County Manager Don
Adams and Clerk to
the Board Karen Evans. Commissioner
Graylen Blevins and County Attorney Donna Shumate were absent.
Chair
Eldon Edwards called the meeting to order and welcomed everyone.
Commissioner
Warren Taylor opened the meeting with a prayer.
Chair
Eldon Edwards stated that Glade Creek Volunteer Fire Department and Wilkes School for the Deaf will not be in attendance at this meeting.
Chair
Eldon Edwards made a motion to approve the amended agenda for this March 20,
2006, meeting. Commissioner Warren Taylor seconded the
motion. Vote 4:0.
AGENDA
Monday,
March 20, 2006
10:00 AM
10:00 Meeting
Called To Order
Motion on Agenda for March
20, 2006,
meeting
Motion on Minutes for March 6, 2006, meeting
10:05 Mary
Walker
RE: Tax Refunds and Releases
Revaluation Budget Amendment
Annual Tax Office Report
10:25 Gerald Leftwich
RE: Annual LEPC Report
10:35 John
Hauser
RE: Cluster Development
10:45 Amy Pardue
RE: Subdivision Plat
Approval
10:50 Glade
Creek Volunteer Fire Department Annual Report (removed)
11:00 Wilkes School for the Deaf Annual Report (removed)
11:10 Linda
Ashendorf / Charles Gillian
RE: Allied Waste / BFI Contract
County Business
1. Child Abuse Prevention Proclamation
2. Sexual Assault Awareness
Proclamation
3. DOT Road Addition
4. NCACC District Meetings
5. Cable Franchise
6. Discussions Regarding Board of
Education Presentation
7. Other Business
8. Public Comments—30 minutes
9. Closed Session—NCGS 143-318.11 (a)
(4)—economic development
10. Adjourn
Commissioner
Sandy
Carter Herndon made a motion to approve the minutes for the March 6, 2006, meeting.
Commissioner Warren Taylor seconded the motion. Vote 4:0.
Mary
Walker, Tax Administrator, presented the February 2006 real property requests
in the amount of $8,711.79 for refunds and $724.58 for releases.
Commissioner Warren Taylor made a
motion to approve the February 2006 real property requests in the amount of $8,711.79
for refunds and $724.58 for releases. Commissioner
Sandy Carter Herndon seconded the motion. Vote 4:0.
Mary Walker presented the February 2006 automobile requests in the
amount of $350.88 for refunds and $3,877.94 for releases.
Chair Eldon Edwards made a motion to
approve the February 2006 automobile requests in the amount of $350.88 for
refunds and $3,877.94 for releases. Commissioner
Sandy
Carter Herndon seconded the motion.
Vote 4:0.
Commissioner Warren Taylor and Mary
Walker discussed the new motor-vehicle law.
She explained that it is scheduled to start in July 2009, and she is
going to a class in May to find out more information then.
Mary Walker presented a letter from
Mr. Woodruff regarding a discovery that was completed for a dwelling located on
his property. She stated that he is
asking for assistance on the late listing penalties. She reviewed NCGS 105-312 about the Board’s
options. She stated that prior boards
have never made any adjustments.
Commissioner Warren Taylor and Mary
Walker discussed other individuals in this situation had a payment schedule
arranged. Mrs. Walker explained the
prior actions on the payment schedule.
Commissioner Warren Taylor made a
motion to deny the request from Mr. Woodruff.
Chair Eldon Edwards seconded the motion. Vote 4:0.
County Manager Don
Adams presented
budget amendments in the amount of $194,822.
He reviewed the bids received for the revaluation including the awarded
bid from Pearsons Appraisal in the amount of $401,830. He further explained budget amendment
Revaluation Fund #1 in the amount of $194,822 and budget amendment General Fund
#25 in the amount of $194,822. He talked
about the yearly amount placed into the revaluation fund to help offset the
costs of the revaluation.
Commissioner
Ken Richardson asked if the County is closer to doing our own revaluation.
Mary
Walker stated that with the current number of personnel and the way new
construction is booming that we are not.
Commissioner
Ken Richardson asked about doing a revaluation earlier than every eight years.
Mary
Walker stated that everyone might want to look at doing it every four years
after this revaluation.
Commissioner
Sandy Carter Herndon stated her concern of spending $400,000 every four
years.
Mary
Walker explained that is not necessarily $400,000. She further explained that for this
revaluation, the appraisal company was asked to do a complete re-measure of all
of the dwellings. She further explained
that some counties hire consultants to help with the schedule of values.
Commissioner
Warren Taylor talked about if you hire two people, you wouldn’t save a lot.
Mary
Walker talked about the price per parcel.
Commissioner
Warren Taylor made a motion to approve budget amendment Revaluation Fund #1 in
the amount of $194,822 and budget amendment General Fund #25 in the amount of
$194,822. Commissioner Sandy Carter Herndon seconded the motion. Vote 4:0.
Mary
Walker presented the Tax Office’s annual report. She gave a general overview of the tax
office, revaluation timeline, process for revaluation, upgrading Univers
software, implementing several audits, explained present-use value audits,
business audits, current collection rate for real property and vehicles, amount
of discoveries since July, debt-set off program, accepting credit card payments,
new collections software, making the property record cards available online and
collecting the Town of Sparta’s real property taxes. She stated her appreciation for what the
Board does for her and her staff.
Chair
Eldon Edwards stated that the Tax Office does a good job.
Gerald Leftwich, Emergency Management Coordinator, presented the annual
Alleghany County Local Emergency Planning Committee (LEPC) report. He reviewed the highlights of the LEPC
report. He talked about activities
coming up in the near future for training exercises.
Commissioner
Ken Richardson and Gerald
Leftwich discussed
updating the emergency shelter generator hookups. Mr. Leftwich explained the need for transfer
switch hookups and meeting with a contractor and the superintendent regarding
the hookups.
Commissioner
Warren Taylor and Gerald
Leftwich talked about
using mobile generators that can be put in place prior to the need or
immediately after the weather event.
Gerald Leftwich explained the costs of the hookups and opening shelters for
extended stays. He advised everyone to
have a 72-hour supply of necessary supplies.
Chair
Eldon Edwards made a motion to approve the LEPC annual report as presented by
the Emergency Management Coordinator.
Commissioner Warren Taylor seconded the motion. Vote 4:0.
John
Hauser gave a brief breakdown of the Cluster Development Program and explained
the actions of the program over the last two years including the partners,
executive committee, economic foundation, tangible success, outcomes and
funding. He stated that he is asking Alleghany County to support the Program in the amount of $7,000. He further stated that he is also requesting
the same financial assistance from Ashe and Wilkes counties. He explained that these monies will be used
to match a $20,000 grant and the funding dates will go from April 1, 2006 to March 31, 2007. He talked about a
federal grant and benefits of the grant.
Commissioner
Warren Taylor asked about considering this request prior to the next budget.
County Manager Don
Adams explained
that the current funds will run out before that time.
Commissioner
Sandy Carter Herndon and County Manager Don Adams discussed these funds coming from the economic development
fund and the fund isn’t a revolving fund anymore.
Commissioner
Sandy Carter Herndon made a motion to approve the $7,000 for the Cluster
Development Program and to take these funds from the economic development fund.
Commissioner
Warren Taylor stated that he can see that this is a valuable initiative.
Commissioner
Ken Richardson seconded the motion on the floor. Vote 4:0.
Planner
Amy Pardue presented a subdivision for approval. She stated that prior approval was given for
this plat on December 6, 2005. She explained that
this is a 41.66 acre plat with 22 lots.
She further explained the changes that have been made to the plat and
the reason for the changes. She stated
that the changes meet the subdivision ordinance requirements.
Commissioner
Sandy Carter Herndon, County Manager Don Adams and Planner Amy
Pardue discussed lot
#21 being divided by a right of way and plans for the lot to be a common area.
Commissioner
Warren Taylor and Planner Amy
Pardue discussed lot
#22 not being able to be built upon due to the power lines running through the
property.
Commissioner
Ken Richardson made a motion to approve the revised plat with the requirements
that lots 21 and 22 cannot be built upon.
County Manager Don
Adams talked about
placing the wording on the plat.
Commissioner
Sandy Carter Herndon and Planner Amy Pardue discussed these restrictions won’t affect Blue Ridge
Electric.
Commissioner
Warren Taylor and Planner Amy
Pardue discussed the
steep grade on lots 14, 15 and 16. She
stated that she has visited the property and these lots have enough acreage to
build upon.
Commissioner
Warren Taylor seconded the motion on the floor with the amendments. Vote 4:0.
Charles
Gillian with Allied Waste/BFI stated that he is excited to provide solid waste
services to the County for an additional three years. He thanked the Board.
Linda
Ashendorf stated her excitement to sign Alleghany County on for another three years and thanked the Board. She talked about having a very smooth
program.
County
Manager Don Adams talked about the new contract is for three years with no
increase the first year, CPI increase for the next two years, a $5 per load
environment fee and fuel price adjustment listed in Exhibit A, and the County
will be billed twice a month.
Commissioner
Warren Taylor asked about volume increases.
Charles
Gillian stated that the new contract provides the same level of service to meet
the County’s needs.
Commissioner
Ken Richardson made a motion to approve the Allied Waste/BFI contract. Commissioner Sandy Carter Herndon seconded the motion. Vote 4:0.
County Manager Don
Adams presented
proclamations for Child Abuse Prevention and Sexual Assault Awareness.
Commissioner
Warren Taylor made a motion to approve the proclamations as presented by the County Manager. Chair Eldon Edwards seconded the motion. Vote 4:0.
Commissioner
Sandy Carter Herndon stated the need for the public to know the
information that is in the proclamations.
She read the highlights of the proclamations including the number of
children that were victims of child abuse homicides in North Carolina in 2004, the number that Alleghany County has increased since 2002, the number of registered sex
offenders in Alleghany County and the costs of rape crimes. She talked about supporting the DANA program
that helps women and children.
Chair
Eldon Edwards asked Coby
Larue to help get
this information out.
County Manager Don
Adams presented a
DOT petition for adding 0.4 miles of Horse Ford Road to the state maintenance system. He reviewed the property owners on the road.
Commissioner
Ken Richardson stated that he doesn’t see Paul Reeves’ signature on the petition.
Clerk
to the Board Karen Evans stated that he came in to sign the petition after the
agenda packets went out. She further
stated that the original petition has his signature on it. She showed the Board the original petition.
Commissioner
Sandy Carter Herndon made a motion to approve the petition. Commissioner Warren Taylor seconded the
motion. Vote 4:0.
County Manager Don
Adams stated that
the North Carolina Association of County Commissioners is holding district
meetings in April. He explained that the
closest meeting is in Statesville on April 11. He
stated that he is planning on attending this meeting, and any Commissioner
interested in attending can let Karen
Evans know.
County Manager Don
Adams talked to the
Board about setting up a cable ordinance.
He gave the Board the background on the 7% tax on cable bills. He talked about the new law about sales tax
on cable. He explained to the Board about
how the County can collect a portion of this sales tax. He stated that the overall money the cable
users are paying will not increase. He
explained that it is up to the cable companies to pay the money out. He stated that counties cannot do an exclusive
franchise ordinance for cable companies because the FCC has striped counties’
abilities to regulate cable companies.
He talked about Dave Harris with the Piedmont Council of Government has
proposed to enter into contract with Alleghany County to help the County negotiate with the cable companies. He further talked about Mr. Harris will help
us write the necessary documents and attend two meetings for $4,500. He stated that they have talked about Alleghany County receiving 5% of the sales tax and negotiating with the cable
companies for a public access channel.
He further stated that Charlie Scott has already started this process.
Commissioner
Sandy Carter Herndon and Charlie Scott talked about other public access
channels offering the same programming as Channel 50.
County Manager Don
Adams talked about
direct access and Skyline’s video cable service.
Commissioner
Warren Taylor asked about estimated revenues for the project.
County Manager Don
Adams stated that
he doesn’t know yet but is working on gathering that information. He further stated that his guess is that it
would take a year to recoup these contract costs.
Commissioner
Sandy Carter Herndon asked about Alleghany Cablevision.
County Manager Don
Adams stated that
the County wouldn’t receive much because the Town of Sparta already collects 3%.
He reviewed the length of the contract and what is covered in the
contract. He stated that he is asking
for approval on the contract and permission to schedule the public hearings at
the April 3 meeting.
Chair
Eldon Edwards and County Manager Don
Adams discussed
that Mr. Harris will write the ordinance.
County Manager Don
Adams explained the
difference about a government channel and a community access channel.
Commissioner
Warren Taylor made a motion to approve the contract and schedule the public
hearings. Commissioner Sandy Carter Herndon seconded the motion. Vote 4:0.
Chair
Eldon Edwards declared a brief recess at 11:50am.
County Manager Don
Adams asked if the
Board wanted to have discussions regarding the middle school presentation.
Commissioner
Warren Taylor talked about if a bond referendum is held and selling the idea to
the community. He stated that it would
be good if we could afford it all but he wants to know the costs for a good,
above-average program versus an exemplary program.
Chair
Eldon Edwards stated that this is a good program but he wants to know if we can
afford it at this time. He talked about
pushing the County’s debt service up to the limit.
Commissioner
Warren Taylor stated that the County doesn’t have a choice except to address
the needs of the schools.
Chair
Eldon Edwards agreed but talked about addressing the needs cheaper than building
a middle school.
Commissioner
Warren Taylor talked about the construction costs if Alleghany County remains a K-8 program at all three schools, which was discussed
in previous meetings. He further talked
about there won’t be much difference in those figures compared to a middle
school. He stated the need for the
public to see those figures.
Chair
Eldon Edwards stated that he doesn’t remember there being a lot of price
differences.
Commissioner
Sandy Carter Herndon talked about the programming at all three
elementary schools isn’t the same either.
County Manager Don
Adams explained
Option B that was discussed at the prior meetings. He described the items that the Option explains
by the expansion at all PK-8 schools. He
reviewed the breakdown for each school for a total of $7,564,000.
Commissioner
Warren Taylor talked about that number doesn’t totally refurbish the Piney Creek Elementary School gym or purchase the land for water and sewer needs at Glade Creek Elementary School so you could probably add another $1,000,000 to the total
price.
The
Board of Commissioners talked about the water and sewer needs at Glade Creek Elementary School and reducing the school population reduces the burden on
the water and sewer needs.
County Manager Don
Adams pointed out
that part of the Option B request has been taken care of with the $1,950,000
addition at Sparta Elementary School.
Commissioner
Ken Richardson stated that this type of discussion leads into the Board’s April
10th meeting with the Board of Education. He commented on the report that was
presented. He talked about their job is
to determine the schools needs, and the Commissioners’ job is strictly a money
matter. He stated the need to make sure
the schools are adequately taken care of before a new building is built, and he
supports this amount of money going on a bond referendum.
County Manager Don
Adams stated that
he spoke to a bond attorney last week.
He explained that the State Board of Elections will only allow legal
items to be placed on the ballot. He
further explained that the only financing that will fit that definition is a
bond referendum. He talked about putting
the issue on the ballot as a bond then using the installment purchase contract
for financing. He further talked about
the costs associated with the referendum for the installment purchase contract
would be $4,500 plus the costs of the election.
He explained that if the referendum is for issuing bonds the costs would
be around $1,500 plus the election costs because the bond attorney will assume
the risk with the County about the bond referendum passing. He reminded the Board that the costs for an
installment purchase contract without a referendum will run $2,000 to
$5,000. He informed the Board that the
most expensive route is certificates of participation (COPS). He stated that the bond will costs $1,500 in
legal fees with the referendum, $12,500 after the referendum passes, $2,000
from the Local Government Commission and $20,000 from a bond rating agency for
a total of $36,000. He explained that as
of Friday, COPS are ½ % higher on the interest rate than bonds. He stated that the costs for the COPS are
$17,500 for legal fees, rating agency of $20,000, $2,000 to the Local
Government Commission and $20,000 for trustees, and having to set up a non
profit to do financing with COPS for a total costs of $58,500 plus the higher
interest rate. He reminded the Board
that these numbers are approximates.
Chair
Eldon Edwards and Commissioner Sandy
Carter Herndon
stated that they don’t think COPS is an option at all.
County Manager Don
Adams informed the
Board about key information regarding having a referendum on this year’s ballot
including the August 7 deadline to have the question in hand by the election
machine vendor. He talked about how this
pushes for a decision to be made.
Commissioner
Warren Taylor talked about the need to have several meetings with the Board of
Education.
County Manager Don
Adams reminded the
Board that the first step is to contact the Local Government Commission. He talked about by the end of May or first of
June having the details worked out with the Local Government Commission and be
ready to hire a bond firm. He reminded
the Board of why it is important to go see the Local Government Commission
first.
Commissioner
Ken Richardson talked about setting a deadline of May 1, and the Board should
know what way this issue is going to go by then.
Chair
Eldon Edwards stated his concern about what happens if the bond fails.
Commissioner
Sandy Carter Herndon talked about the Board of Education needs to work
on an alternate plan in order to save time in the event the referendum doesn’t
pass. She talked about the need to properly
communicate this project with the public and that being the Board of Education and
school system’s responsibility.
Chair
Eldon Edwards agreed about it is their responsibility to get the information
out to the public.
Commissioner
Warren Taylor stated that having the comparative programs for the people was
what he was referring to earlier and what monies would have to be spent at the
elementary schools to have above average programs in order for the public to be
able to evaluate the differences. He
talked about if these aren’t approved by the public then the only option is to
consider an alternate plan.
Commissioner
Sandy Carter Herndon talked about even with the 7 million dollar
numbers, a referendum would be required.
Commissioner
Warren Taylor talked about all of the construction wouldn’t have to be done at
one time.
Chair
Eldon Edwards stated his need to see alternates to this plan before he can support
this right now. He reiterated that he
isn’t saying that he isn’t willing to support the schools needs but it has to
be done within the County’s capabilities.
He talked about not seeing the grading for the school bus garage and
moving Charles
Street.
Commissioner
Ken Richardson talked about getting questions to the County Manager in order for the Board of Education to prepare information
for the April 10 meeting.
Commissioner
Sandy Carter Herndon stated that the Commissioners need to be looking at
other ways to raise funds beside an increase in property tax. She talked about impact fees on new
construction, developing a homestead protection for the local residents so they
would not bear as much of an increase in taxes as non-residents.
Commissioner
Warren Taylor stated that action would require state legislative approval because
it is against the law now.
Commissioner
Sandy Carter Herndon talked about the need to look at it. She gave examples of how Florida is handling taxes for residents versus non-residents.
Chair
Eldon Edwards stated that he asked Dr. Cox and some other people about being
willing to contact Representative Harrell to see if he would put the land
transfer tax on the agenda giving Alleghany County an option to adopt that one menu item. He stated that he asked the Register of Deeds
to gather some information about how much a 1% land transfer tax would generate. He talked about other counties that have this
option and the need for this option.
Commissioner
Ken Richardson stated that he would like to see our representatives sign a
document that says if they are reelected they would support this action.
The
Board of Commissioners talked about getting support for this action. They talked about ways to raise revenues that
require General Assembly approval.
Chair
Eldon Edwards talked about the need to see alternates to the plan.
County Manager Don
Adams asked if the
Board is talking about seeing alternates for fixing all of the schools. He reiterated that he is hearing from the Board
that these numbers require a referendum.
He stated that he will be asked if there is a number out there that
wouldn’t necessarily take the County to a referendum.
Commissioner
Warren Taylor reviewed the three options dealing with the schools is go with a
middle school to meet the needs for a long period of time, go with Option B and
revamp the PK-8 schools or fix the schools like we have been doing by adding
enough to get by.
Chair
Eldon Edwards asked if the schools can give us some more information for Option
B other than what they have proposed and something that could be done on an
installment purchase contract.
Commissioner
Warren Taylor talked about the need for the public to be involved in the
decision because of the amount of money involved.
Commissioner
Sandy Carter Herndon reiterated the County Manager’s question of what dollar amount would the Commissioners be
willing to spend without taxpayer’s approval by referendum for the schools.
County Manager Don
Adams stated that
yes that is the question that is getting asked.
Commissioner
Ken Richardson stated that anything over $2,000,000 for Glade Creek Elementary School and Piney Creek Elementary School, he would not support without going to referendum.
Commissioner
Sandy Carter Herndon talked about looking at the tax raise in order to
pay for the schools and when the public needs to get involved. She stated that the Board of Education needs
to look at the programming side and then let the Commissioners look at the
money side.
Commissioner
Ken Richardson explained his reasoning for the $2,000,000 at Glade Creek Elementary School and Piney Creek Elementary School. He pointed out that
his number doesn’t address future needs.
Chair
Eldon Edwards stated that this will be discussed further at the April 10th
meeting.
Chair
Eldon Edwards reminded everyone about the meeting tonight at 6:30pm.
Commissioner
Ken Richardson stated that Durham County has filed legal action regarding the Mental Health
changes. He explained his role with the
NC Council.
Commissioner
Warren Taylor gave the Board information about the newspaper article regarding
highway monies. He explained how much
money has come to Alleghany County last year and is projected to come this year from the
repaving fund. He further explained
other projects completed in Alleghany County due to the moving ahead program.
County Manager Don
Adams stated that the
newspaper article sounded like all of the monies had been allocated with Alleghany County not receiving any monies.
He stated that everyone needs to look at several years over a period of
time to get a true picture of the monies being spent in Alleghany County. He reviewed how the
monies are allocated based on surveys conducted annually on every road.
Chair
Eldon Edwards asked for further public comments. None were received.
Commissioner Warren Taylor made a
motion to enter into closed session at 1:00pm under NCGS 143-318.11 (a) (4)—economic development. Commissioner Sandy Carter Herndon seconded the motion.
Vote 4:0.
Commissioner Warren Taylor made a
motion to adjourn the closed session at 1:16pm and reconvene the regular meeting. Commissioner Sandy Carter Herndon seconded the motion. Vote 4:0.
Chair Eldon Edwards stated no action
was taken during closed session.
Being no further business,
Commissioner Warren Taylor made a motion to adjourn the meeting at 1:17pm. Chair Eldon Edwards seconded the motion. Vote 4:0.
Respectfully
Submitted,
Karen Evans
Clerk to the Board
Attest:
Eldon Edwards
Chairman