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 Sandy Carter Herndon opened
the meeting with a prayer.
Chair Eldon Edwards stated that NCGS
143-318.11 (a) (3)—legal and (a) (6)—personnel needs to be added to this
agenda.
Commissioner Warren Taylor made a motion to approve the
amended agenda for this
AGENDA
Motion on Agenda for
October 4, 2004 meeting
Motion on Minutes for September 20,
2004 meeting
RE:
RE: Tax Foreclosures
RE: Refinancing Debt
RE: Work First Plan Draft
1.
2. Workers
Compensation Doctor
3. NCDOT
Classification Letter
4. Other Business
5. Public
Comments—30 minutes
6. Closed
Session—NCGS 143-318.11 (a) (3)—legal
(added)
NCGS
143-318.11 (a) (4)—economic development
NCGS
143-318.11 (a) (6)—personnel (added)
7. Adjourn
Commissioner Patrick Woodie made a
motion to approve the minutes for the
Chair
Eldon Edwards recessed the regular meeting at
Commissioner
Graylen Blevins arrived at the meeting at
Chair Eldon Edwards asked for public
comments. None were received.
Chair
Eldon Edwards closed the public hearing at
Commissioner
Patrick Woodie made a motion to approve the E-911 road name as presented by the
E-911 Coordinator/Mapper. Commissioner
Sandy Carter Herndon seconded the motion.
Vote 5:0.
Mary
Walker, Tax Administrator, came before the Board to introduce Robert
Price. She explained the purpose for hiring
Robert Price to assist the Tax Office with tax foreclosures of 18 different delinquent
taxpayers for approximately $40,000 in taxes owed.
Commissioner
Warren Taylor, Commissioner
Commissioner
Warren Taylor asked when is the last time someone can settle their taxes and
stop the foreclosure process.
Robert Price
explained the process of selling property and the taxpayer has the option to pay
the taxes until 10 days after the sale of the property to stop the foreclosure. Mr. Price talked about his experience with
tax foreclosures in the surrounding counties.
Commissioner
Patrick Woodie asked about the timeline of selling a property.
Robert Price
stated that it takes longer to sell property when you can’t find the
taxpayer. He explained the process of
searching for taxpayers and the time involved in the search.
Chair Eldon
Edwards asked about how old are these delinquent taxes.
Mary Walker,
Tax Administrator, stated the oldest delinquent tax is from 1994.
Commissioner
Graylen Blevins and Robert Price discussed the tax office bidding on property in
the amount of taxes owed, penalties and interest.
Commissioner
Graylen Blevins asked about how many parcels will be sold at a time.
Robert Price
talked about doing a manageable block at one time; four to five parcels.
Commissioner
Graylen Blevins and Robert Price talked about the attorney fees that will be
added to the amount owed to the County.
Mr. Price explained the fee schedule for the foreclosures.
County Manager
County Manager
Commissioner
Commissioner
Warren Taylor and County Manager Don Adams discussed this loan is on the same
payment schedule as the current debt.
Commissioner
Sandy Carter Herndon made a motion to approve refinancing documents regarding
this loan.
Commissioner
Graylen Blevins asked about having a public hearing on the subject.
Commissioner
Sandy Carter Herndon withdrew her motion in order to hold the public hearing.
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 Sandy Carter Herndon made
a motion to approve the refinancing proposal and all of the documents
associated with the refinancing. Commissioner
Warren Taylor seconded the motion. Vote
5:0.
Sandy Ashley, Social Services Director,
presented the draft Work First Plan. She
reviewed the Plan and an action plan. She stated that she will be at the next
meeting to answer any questions that the Board may have and ask for approval of
the Plan.
The Board of Commissioners stated their
appreciation to Sandy Ashley.
Darren Cranford stated that he will
answer any questions that the Board may have in regards to his proposal. He further stated that he has been working
with his attorney on this proposal. He
explained the reason for asking for the exclusive franchise.
Commissioner Sandy Carter Herndon and Darren
Cranford discussed his business employing two employees at this time.
Commissioner Patrick Woodie asked what
franchises the County has at this time.
County Manager Don Adams stated that
currently the County has two franchises; a cable franchise in Roaring Gap and
Alleghany Garbage Service. He explained
the different types of franchises; general franchises and exclusive franchises.
Commissioner Warren Taylor talked about
being criticized in the past for not requesting proposals for services like
this situation.
Chair Eldon Edwards, Commissioner
Warren Taylor and County Manager
Commissioner
Chair Eldon Edwards and Darren Cranford
discussed his fees being $2.50 a day rent with a $60 charge to haul the garbage
to the Transfer Facility. Mr.
Commissioner Sandy Carter Herndon, Commissioner
Patrick Woodie and County Manager Don Adams discussed the control that the
Board would have over an exclusive franchise.
Chair Eldon Edwards, Commissioner
Patrick Woodie and County Manager Don Adams discussed the Alleghany Garbage
Service franchise.
Commissioner Warren Taylor and Darren
Cranford discussed the number of boxes that M & J Disposals has at this
time; 15. He stated that any time a
contractor calls; he takes a box to the job site. He talked about his donated services that
have been utilized by the Fairgrounds and Cora’s Charities.
Chair Eldon Edwards and Darren Cranford
discussed the reasons for an exclusive franchise.
Commissioner
Commissioner Warren Taylor and County
Manager
Commissioner
Darren Cranford talked about how his
business hasn’t changed rates due to the fuel prices increase. He further talked about how he separates the
items in the boxes when he goes to the Transfer Facility.
Chair Eldon Edwards stated that he
appreciates Mr. Cranford’s efforts.
Commissioner Warren Taylor discussed
the options that are before the Board.
Commissioner
Chair Eldon Edwards and Commissioner
Warren Taylor asked the
Darren Cranford agreed.
The Board of Commissioners asked the
Commissioner
Commissioner Warren Taylor stated that
he recommends that we proceed with this action.
Commissioner Sandy Carter Herndon stated
she agrees, also.
Commissioner
Chair Eldon Edwards asked if each
Commissioner received a copy of
The Board of Commissioners discussed
the County’s portion of Medicaid monies.
Chair Eldon Edwards asked for public
comments.
William Kempster asked a question about
the proposed teapot museum and ownership of the collection and if the owners
move the collection from
Commissioner
William Kempster and Commissioner
Patrick Woodie talked about the teapot museum and the collection being moved to
another location.
William Kempster stated that everyone
needs to look at the possibility of the teapots leaving and the investment still
being protected.
Commissioner
Commissioner Warren Taylor made a
motion to enter into closed session at
Sandy Ashley, Social Services Director,
joined the Board for closed session at
Sandy Ashley, Social Services Director,
left the meeting at
Commissioner Sandy Carter Herndon made
a motion to adjourn closed session at
Chair Eldon Edwards stated that no
action was taken during closed session.
Being no further business, Commissioner
Sandy Carter Herndon made a motion to adjourn the meeting at
Respectfully
submitted,
Clerk
to the Board
Attest:
Eldon
Edwards
Chairman
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 refinance outstanding debt related to the Law Enforcement Center and Sparta Elementary School 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 4th day of October, 2004, make the following findings of fact:
1. The proposed contract is necessary to refinance the current debt that will produce significant savings in the next six years.
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. An increase in taxes will not be necessary for this proposed contract.
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 4th day of October, 2004.
RESOLUTION
WHEREAS,
BE IT RESOLVED, as follows:
1.
The County hereby determines to finance the
Project through Wachovia Bank 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 Wachovia may request.
3. The County Manager/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 County Manager/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 County Manager/Finance Officer shall approve with the County Manager’s/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 4th day of October, 2004.
RESOLUTION
WHEREAS, Alleghany County desires to refinance
outstanding debt related to the Law Enforcement Center and Sparta Elementary
School to better serve the citizens of Alleghany County; and
WHEREAS,
WHEREAS,
NOW,
THEREFORE, BE IT RESOLVED that the
Alleghany County Board of Commissioners gives the
Adopted this the 4th day of October, 2004.
CERTIFIED COPY OF CORPORATE/MUNICIPAL RESOLUTION
OF
Corporation/Municipality,
which Corporation/Municipality is duly organized and existing under the laws of
the United State of America: that the
following is a true copy of the Resolution duly adopted by the Board of
Directors of said Corporation/Municipality effective the 4th day of
October, 2004.
Resolved
that the officers listed below are Authorized Representatives of the
Corporation/Municipality with the authority to execute all appropriate
documents for the _____________account established with the First-Citizens Bank
& Trust Company.
Name Title Signature
_
_
_Theresa
Gunter________ _Asst. Finance
Officer_
__________________________
_______________________ __________________ __________________________
I
further certify that this Resolution has neither been rescinded nor modified