MINUTES

WILKES COUNTY BOARD OF COMMISSIONERS

OCTOBER 20, 2009

PUBLIC COMMENTS - KENNETH MCBRIDE - Chairman Zach Henderson stated Kenneth McBride has shared in the past some concerns he has with regard to some problems he is having with dogs. Mr. McBride stated the problem has not changed. He stated it has gotten worse as the individual has gotten another dog. He stated he has not seen it but it has the bark of a little dog. He stated he has not heard from the Board of Commissioners since he talked to them before. He stated he has a regulation dated June 23, 2000, Regulation Book 0840, Page 0287, Article 5. He stated this is on excessive noise. He stated his wife has the same problem he has with the noise and asked her to read part of the regulation.   Mary McBride read “unreasonably loud noise shall mean any excessive or unusually loud sound and/or noise, or any sound or noise created with the intent to aggravate, which is of such character, intensity, and duration as to disturb the peace and quiet of any residential area or which disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons with ordinary sensibilities”. She stated it does as they are not sleeping at night which means it is disturbing their health. She stated this is past the point that something needs to be done. Mr. McBride stated there is another part of the regulation that describes what a neighborhood is. He stated he talked to Surry County today about noise and what they have on their books. He stated they have about the same thing as Wilkes County. He stated theirs runs from 11 P. M. at night until 7 A. M. in the morning. He stated anything from 7 A. M. to 11 P. M. is permitted. He stated he has not found anything on Wilkes County on noise problems. Mr. McBride stated this happens all the time and is all day long on and off. He stated Surry County also had something if the noise continues for twenty minutes and stops for five minutes and starts again it does not count. He stated this is not a continuous thing but does wake him and his wife up at 2:30 in the morning. He stated he is turning sixty next month and is too old for that. He stated he does not have any business up at 2:30 in the morning. He stated he is getting old and needs his rest and he is sure everyone knows about that and that is why he is here tonight. Mr. McBride stated that Article should cover this because it is in the County’s book and that is why he is here again tonight. He stated this covers what problem they are having with dogs.

Chairman Henderson asked Mr. McBride if he has anything else to say. Mr. McBride stated there is also an Article below that which is Part B, Part 2-A which describes some of the problems being music and voice transmissions. He stated it does not say whose voice and does not necessarily mean people’s voice. He stated that could be a dog. He stated this reads “the playing of any radio, television, phonograph, boom box, stereo, tape or CD player, musical instrument (whether individually or as part of a band or group), or other similar device (amplified or otherwise), or singing, in such manner or with such volume so as to create a disturbing noise in a residential area”. He stated this is the voice part, a dog’s voice. He stated he has done more homework this time than last time. Chairman Henderson stated he does not think there is any one here that perceives that Mr. McBride feels like he has a problem. He stated the Board understands he feels like he has a problem. He stated the County Manager, the County Planner, and the County Attorney have conferred about this and talked with him. He asked County Manager John Yates to tell the Board what he has done thus far about the matter. He stated the Board has not forgotten about this and have been looking into this. 

Mr. Yates stated he, County Attorney Tony Triplett, and County Planner Eddie Barnes did meet about this. He stated he and Mr. Barnes did go out this morning to the property. He stated Animal Control has investigated all of the complaints from Mr. McBride or any complaints they have had about that property. He stated anything the neighbor has been asked to do, he has complied with. He stated he understands the neighbor does have four big dogs in a lot and has another dog tied outside. He stated he and Mr. Barnes have looked at the property. He asked Mr. Triplett to explain about the County’s Noise Ordinance. 

Mr. Triplett stated he, Mr. Yates, Mr. Barnes, and Animal Control Director Junior Simmons have talked about this with Chairman Henderson and have looked into this. He stated there is no question with what they have seen and what Mr. McBride has said this is a bad situation and everyone is in great sympathy. He stated no one would want to have to live with that but that question is whether the County can do anything about it and that is what the Board has to look at and address. Mr. Triplett stated the County has a Noise Ordinance which is what Mr. McBride is reading from. He stated definitions are what Mr. McBride is reading. He stated while the definitions do apply the question is whether the County has any authority to act on those. He stated even if it meets the definition of unreasonably loud noise, the question is whether the County can act on that or not. Mr. Triplett stated the way the Noise Ordinance was set up when it was adopted about ten years ago was with two methods of enforcement under that Ordinance. He stated one is through the Planning Department which is Mr. Barnes and the other is to charge a criminal offense which goes to the Sheriff’s Office. He stated the only way the County Planning Department can enforce that Ordinance is if there are complaints from five separate households complaining about the unreasonably loud noise. He stated that was set up that way so that it would apply mainly in areas where there are concentrations of people living in more than one or two houses. He stated there has to be five separate households to bring a complaint to the Planning Department. He stated it does not sound like that applies here. He stated Mr. Yates and Mr. Barnes went out there and looked and the way this is set up is there are just two houses. He stated this is a difficult situation with the dogs but the way the Ordinance is set up unless it were to be changed it would take five separate complaints from five separate households for the Planning Department to act on this. Mr. Triplett stated the only other avenue is for the Sheriff’s Office to act on this as a criminal matter under the Ordinance. He asked Mr. McBride if he has contacted the Sheriff’s Office recently. Mr. McBride stated he contacted them last month. Mr. Triplett stated he does not know of any other way given the set up and the Ordinance the County has got for the Board to approach this other than through the Sheriff’s Office because of the way the Ordinance is written. He stated although the Board is in sympathy with the situation unless the Ordinance is changed that is the way it is written and that is what he has to work with. Mr. McBride asked how he would go about getting the Ordinance changed. Mr. Triplett stated the Board of Commissioners have the authority to change it. He stated it would have to be rewritten at their direction, drafted again, changes brought back to the Board and they would approve it, reenact it, or enact a new Ordinance. Mr. McBride stated he will check with the Sheriff’s Department and see what they have to say and then if he cannot get anything done through them does he need to write something up. Chairman Henderson asked Mr. McBride to let the Board know if he is able to accomplish anything and then the Board will take what he has given them into consideration to see if they can help him or not. He stated it would not just have an impact on Mr. McBride but would impact all of the citizens of the County so the Board has to take everyone into consideration. He stated the Board understands Mr. McBride has a problem and are sympathetic to it but there are limits placed upon the Board by the County’s Ordinance as to what can be done.   He told Mr. McBride to take that avenue first and then the Board will see what they can do. 

The Wilkes County Board of Commissioners met on Tuesday, October 20, 2009 at 7:00 P. M. with the following members present: Chairman Zach Henderson, Vice Chairman Keith Elmore, Commissioner Gary Blevins, Commissioner Luther Parks, and Commissioner Charlie Sink. 

Also present for the meeting were Tony Triplett, County Attorney; County Manager John Yates; and Alene Faw, Clerk to the Board. 

The meeting was called to order by Chairman Henderson who welcomed those in attendance.   

INVOCATION & PLEDGE OF ALLEGIANCE – The Invocation and Pledge of Allegiance were led by Commissioner Luther Parks. 

MINUTES -  Motion was made by Commissioner Charlie Sink, seconded by Commissioner Luther Parks and unanimously adopted to approve the Minutes of the Board Meeting held on October 6, 2009.

BUDGET AMENDMENTS & BUDGET TRANSFERS - County Manager John Yates stated Budget Amendments No. 12 & No. 13 are for grants for the Health Department. He stated Budget Transfer No. 5 is for the Landfill to purchase three 20 yard containers to go at each of the Convenience Centers. He stated that will be a twenty yard container for each for recycling of plastic so there will not have to be as many trips because they can haul more pounds. He stated this will be a good savings because of not having to make so many trips for recycling to each Convenience Center going to Foothills Sanitation for recycling.

Commissioner Luther Parks made a motion to approve Budget Amendment No. 12 (Health – Bioterrorism), and No. 13 (Eat Smart Move More) and Budget Transfer No. 5 (Landfill). The motion was seconded by Commissioner Charlie Sink and unanimously approved.

MAKE A DIFFERENCE DAY PROCLAMATION - Chairman Zach Henderson stated Make A Difference Day is done every year and is always a success and he is sure it will be this year. He read the Make A Difference Day Proclamation.

Commissioner Charlie Sink made a motion to approve the Make A Difference Day Proclamation. The motion was seconded by Commissioner Gary Blevins and unanimously approved.

Chairman Henderson stated Commissioner Charlie Sink is closely involved in this and asked him if volunteers perhaps can do more of one thing that another or if a person has a piece of equipment, how they find out about offering what someone might need. Commissioner Sink stated they need to talk to Dare Stromer. He stated she has coordinated this for years. He stated she has a number of helpers and it is surprising how well run this is to be as big as it is. He stated he has worked in this for years and years and all of the other Board members have except Commissioner Gary Blevins. Chairman Henderson stated he shows up and brings a hammer and a power saw, etc. He stated everyone has various talents and strengths that might be used but sometimes he does not know who to ask so that he might be able to help more in some regard. Commissioner Sink stated anyone interested might want to call Ms. Stromer. He stated he has done most of his work with Wilkesboro Baptist Church. He stated his expertise is tearing stuff up. He stated they have two or three crews and do this on a regular basis not just once a year. He stated Chairman Henderson has worked with them once that he remembers. Chairman Henderson stated he has worked several years. He stated there might be somebody that could use a tractor or whatever and he never knows about that. Commissioner Sink stated Ms. Stromer is the one to talk with. He stated this is a good event and encouraged everyone to be involved. 

Proclamation

Make a Difference Day

October 24, 2009

WHEREAS, serious social problems concern our nations and threaten its future; and

WHEREAS, connecting with others and working together through volunteer service can bridge the differences that separate people and help solve serious social problems; and

WHEREAS, we the American people, have a tradition of philanthropy and volunteerism; and

WHEREAS; more than one million self-sacrificing individuals touched and enhanced the lives of millions on the eleventh annual day of doing good by giving where there was a need, rebuilding what had been torn down, teaching where there was a desire to learn and inspiring those who had lost hope; and

WHEREAS, USA WEEKEND and its affiliate newspapers, and the Points of Light Foundation and its affiliate Volunteer Centers, have joined to promote the annual national day of doing good that celebrates and strengthens the spirit of volunteer service; and

WHEREAS, volunteer service is an investment in the future we all must share; NOW, THEREFORE, WE, THE WILKES COUNTY BOARD OF COMMISSIONERS, do hereby proclaim October 24, 2009 as

MAKE A DIFFERENCE DAY

In Wilkes County, and urge our citizens to observe this day by connecting with friends, fellow employees and relatives, and with religious, school and civic groups to engage in projects benefiting their community.

Signed this 20th day of October, 2000.

                                                        WILKES COUNTY BOARD OF COMMISSIONERS

                                                        /s/ Zach Henderson, Chairman

Attest:

/s/ Alene E. Faw, Clerk

CHAMPION VOLUNTEER FIRE DEPARTMENT – CAPITAL EXPENDITURE - County Manager John Yates stated he has a memo from Wilkes County Fire Marshal Kevin Bounds regarding the Champion Volunteer Fire Department which is the largest fire department in Wilkes County. He stated their main station is located in the Mount Pleasant Community and they have sub-stations in the Mt. Zion and Maple Springs communities. He stated all three districts are six mile districts. He stated the Champion fire tax rate is 8¢ per $100 in valuation. Mr. Yates stated the Champion Fire Department Board of Directors are purchasing a 2009 Ferrara Pumper Fire Truck to replace an older piece of fire apparatus that is thirty-five years old. He stated the cost of the new truck is $398,931. He stated members of the Fire Department are here if they want to add anything else. Jeff Matherly, Fire Chief, stated they have four pieces of equipment that are thirty to thirty-five years old. 

Commissioner Charlie Sink asked what kind of truck this is. Mr. Matherly stated it is a Custom Cab Pumper. 

Commissioner Gary Blevins asked how long they will be financing this truck for. Mr. Matherly stated the bank gave them three options of either ten, twelve, or fifteen years. Commissioner Blevins asked if the fire department is putting any money down. Mr. Matherly stated they are. Commissioner Blevins asked if they will be disposing of any old equipment. Mr. Matherly stated they plan to dispose of one old truck. Commissioner Blevins asked if this truck will be stationed at their main station. Mr. Matherly stated it will. Commissioner Blevins stated that is close to the public school there. 

Mr. Yates stated this is only for the Board’s information and does not require any action.

SURPLUS VEHICLES - County Manager John Yates stated the Purchasing Department is requesting approval from the Board of Commissioners to sell surplus vehicles using the electronic auction method. He stated the vehicles are:

                        1990 Ford F-350 mileage unknown, will not start

                        1989 Ford F-350 Chassis and Miller Ambulance Body, mileage 176,254

                        1997 Ford Aerostar van has blown head gasket, mileage 137,442

He stated these vehicles will be auctioned through govdeals.com. 

Commissioner Gary Blevins made a motion to approve the sale of surplus vehicles. The motion was seconded by Commissioner Luther Parks and unanimously approved.

WORK SESSION - County Manager John Yates requested the Board of Commissioners hold a work session to discuss alternatives to the jail plan. He stated he has been working with Sheriff Dane Mastin, Major Greg Minton, and Neil Shepherd. He stated they have been talking about a dormitory style facility and what they can do there. He stated he needs the Commissioners guidance on this.

Chairman Zach Henderson stated he knows a lot of time and effort has been put into this to try to resolve some of the overcrowding issues as quickly as possible so people are not sent out of the County at the County’s expense. 

Chairman Henderson set a work session on Tuesday, October 27, 2009 at 9:00 A. M.

CLOSED SESSION - Commissioner Charlie Sink made a motion to go into Closed Session to discuss the location or expansion of business in Wilkes County; and to consult with the County Attorney to protect the attorney-client privilege. The motion was seconded by Commissioner Blevins and unanimously approved. 

Motion was made by Commissioner Charlie Sink seconded by Commissioner Luther Parks and by unanimous vote adopted to adjourn back into regular session. No action was taken.

ADJOURN - Motion was made by Vice Chairman Keith Elmore seconded by Commissioner Luther Parks and by unanimous vote adopted to adjourn the meeting of the Wilkes County Board of Commissioners at 7:50 P. M.

Alene E. Faw, Clerk                                                                  Zach Henderson, Chairman

WILKES COUNTY BOARD OF COMMISSIONERS

Approved: