Wilkes : 05/18/10 Meeting Minutes

The Wilkes County Board of Commissioners met on Tuesday, May 18, 2010 at 7:00 P. M. with the following members present: Chairman Zach Henderson, Vice Chairman Gary Blevins, Commissioner Keith Elmore, Commissioner Luther Parks, and Commissioner Charlie Sink.

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

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

INVOCATION AND 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 May 3, 2010.

BUDGET AMENDMENTS & BUDGET TRANSFERS - County Manager John Yates stated he has been asked about Budget Transfer No. 25. He stated that is the Recreation Department moving money to cover Little League expenses.

Motion was made by Commissioner Charlie Sink seconded by Commissioner Luther Parks and unanimously adopted to approve Budget Amendment No. 53 (General Fund), No. 54 (E-911 Telephone System Fund), No. 55 (Health – MCC & MOW) and No. 56 (B & C Cancer Control Program); and Budget Transfers No. 24 (Landfill) and No. 25 (Recreation).

VETERANS SERVICE OFFICE SCHOLARSHIPS - Veterans Service Officer Ralph Broyhill stated the scholarships recipients this year are a good group and he is very well pleased with them. He stated the Veterans Service Office received eight full scholarships this year in an amount of about $400,000 to $450,000. He introduced the scholarship recipients:

John Eric Billings, son of Roger Billings and Bonnie Billings graduated from Wilkes Central High School and is attending Wilkes Community College

Leigh Ann Billings, daughter of Roger Billings and Bonnie Billings graduated from Wilkes Central High School and is attending Forsyth Technical Community College

Cody Wayne Eaton, son of David and Jenny Eaton, a student at Central Davidson High School and plans to attend the University of North Carolina at Charlotte in the Fall

Jonathan Tyler Larsen, son of Tom and Melissa Larsen, is a student at Wilkes Central High School and will be attending Wilkes Community College in the Fall and will transfer to Appalachian State University

Kelly Leigh Mathis, daughter of Bryan Mathis and Kimberly Blackburn Mathis, graduated from East Wilkes High School and is attending Wilkes Community College

Rachel Alea Phipps, daughter of Charles and Mary Jo Phipps, is the Valedictorian at East Wilkes High School and will be attending Western Carolina University in the Fall

Brittany Danielle Triplett, daughter of Brent and Janie Triplett, is a student at North Wilkes High School and will enter Wilkes Community College in the Fall

Mr. Broyhill stated these folk will be a great asset to our County and he is glad to have them. Chairman Zach Henderson asked if this is the largest group he has ever had. Mr. Broyhill stated he has had thirteen before. Chairman Henderson stated this is a good group.

Charles Phipps stated all of this group owes Mr. Broyhill a great deal of gratitude. He stated he has bent over backwards to help all of them and he and everyone else here appreciates that.

Chairman Henderson congratulated all of the recipients and stated the County has high expectations for them. The group received a round of applause.

ROAD NAME REQUEST - SET PUBLIC HEARING - Chris Johnson, County Planner, stated a petition has been received by the Planning Department to name a private drive. He stated the name chosen is MeShack Lane. He stated the private drive is located in the Edwards Township of Wilkes County off Carter Mill Road SR #2044. Mr. Johnson stated the request for naming this private drive meets the requirements of the Wilkes County Road Naming Ordinance. He stated as required by the Wilkes County Road Naming Ordinance a Public Hearing and a ten day notification period will be necessary.

Commissioner Charlie Sink made a motion to set a Public Hearing on the Road Name request on June 15, 2010 at 6:55 P. M. The motion was seconded by Vice Chairman Gary Blevins and unanimously approved.

SHERIFF’S DEPARTMENT ANNUAL REPORT - Sheriff Dane Mastin stated this will be his twentieth and final report he will be making before the Board of Commissioners with regard to activities of the Sheriff’s Office and the agencies under its umbrella. He stated he is proud of the accomplishments of his folks. He stated they have worked hard under some difficult circumstances. He stated the Annual Report is always presented at this time of year because their reporting period has ended. He stated it is never reported by the State until somewhere around September or October when they do the Annual UCR Report released by the North Carolina Department of Justice and the Federal FBI through the United States Department of Justice so they are a little bit in front of them reporting but they have their own system which they compare to the data both of those agencies have and report nationwide. Sheriff Mastin stated there have been a lot of changes since he started doing this in 1991. He stated it always comes this time of year obviously at budget time so the Board of Commissioners can have a grasp of what they are paying for and what representation the citizens are getting with the Board’s decision in regard to money and the Sheriff’s Department’s expenditures of it in the form of service. Sheriff Mastin stated the first section of the report is on the Detention Center Statistics. He stated they used to calculate this in bed nights and that got so confusing they do it with people per day now. He stated the most significant thing he will point out on this is their yearly daily average was 96.17 which is an increase of over 9% over last year. Sheriff Mastin stated that is what they anticipated due in a large part to the economy. He stated that happens a lot during economically depressed times.

Commissioner Charlie Sink asked the year end 2008 average. Sheriff Mastin stated that was 87.29. Commissioner Sink asked what percent increase that was from the year before. Sheriff Mastin stated that was 4% to 5% over 2007. Commissioner Luther Parks stated this is still on the rise even now. Sheriff Mastin stated that is correct. He stated the things that should stand out with regard to the Detention Center Report itself is the highs. He stated that is a day during the month they had an excessive amount of people. He stated that is not the absolute high that winds up being the average for the month. He stated at 112 the jail was designed to originally house 50 and then later converted a couple of rooms for 52. He stated in 1993 the old kitchen was taken out and some of the office space and made 17 more beds for a period of time. He stated that has been cut back one since then so the actual capacity is 68 the State allows for. He stated they are bordering on doubling the population on several days during the course of the month and that causes them some grief. Sheriff Mastin stated that is just as a word of warning and caution and to help the Board with the preparation of the impending budget. He stated the actual capacity at the Female Detention Center is 22 and they are border lining that. He stated that is an interesting number as he can remember when they averaged one or two. He stated there was a time when they had no females in jail and now they have at times almost as many as they have men. Chairman Zach Henderson asked if the Sheriff can give the cost for housing inmates in other counties not counting transportation or medical. Sheriff Mastin stated just the housing averages Statewide from $50 to $55. He stated he can house in the new Ashe County facility for $45 per day. He stated Sheriff Edwards in Alleghany charges $49. He stated if he has to go as far as Forsyth County they charge $63. He stated during budget time everybody will be looking at what they are going to do next year in regard to their housing census. He stated a good rule to go by is $50 to $55 for housing alone. Vice Chairman Gary Blevins asked the Sheriff the cost here. Sheriff Mastin stated the last time he calculated that was around $32.45 which includes overhead and feeding and taking out the medical expense because the County is going to pay that regardless. Vice Chairman Blevins stated other counties are marking it up slightly. Sheriff Mastin stated this generates revenue. Vice Chairman Blevins stated the cost is about $10 or $12 more. He asked the maximum number Sheriff Mastin has had out of the County at one time. Sheriff Mastin stated the most they have taken out at one time is 22. Vice Chairman Blevins stated that would be about $300 extra per day. Sheriff Mastin stated if the County is housing somewhere else, they are not paying the food bill so there has to be a pro rated adjustment based on the population on hand. He stated they have already expended their food line item this year because of the cutbacks they have seen during the budget. He stated they still have to feed inmates so they are scratching around trying to find the money to make sure they can pay the bills. He stated food costs right now are $2.56 per meal per inmate. He stated they just had a price increase by contract. Chairman Henderson asked if they are still with Aramark. Sheriff Mastin stated they are.

Sheriff Mastin stated the Civil Division is from the Courthouse where they serve civil processes, lawsuits, and things issued by the Courts. He stated the total operation of all the papers combined out of that division was 7,755. He stated some of those are served at no cost because of State law but the vast majority are at $15 per service fee. He stated that number is in their revenue line.

Sheriff Mastin stated there were 6,076 criminal warrants and orders for arrest served and 274 citations. He stated the arrest reports reflect the exact number of individuals that were arrested by the Wilkes County Sheriff’s Office alone and does not include the Highway Patrol, either Police Department, or any other agency and is just simply from his agency. He stated the criminal warrants and orders for arrest could be multiple charges against one defendant. He stated there were 3,250 investigation reports and 2,382 supplemental which means something extra had to be written with regard to a case. He stated both of those numbers are up over the previous year.

Sheriff Mastin stated the type of incidents reported list all of the things including what the FBI calls the Big 8, murder, rape, robbery, aggravated assault, simple assault, burglary, larceny, motor vehicle theft, and arson. He stated those numbers are fairly consistent with last year. He stated the biggest increase they saw from last year was burglary. He stated that went from 559 to 704 this calendar year. He stated on larcenies they were at 686 last year and are at 694 this year. Sheriff Mastin stated a burglary is where a building is actually broken into and entered be that a business, residence, outbuilding or garage, etc. He stated a larceny is where something is stolen from a property and that could be from a vehicle or left outside. He stated there were 130 motor vehicle thefts reported this year as opposed to 74 last year. Sheriff Mastin stated there were 312 drug incidences that were reacted to by Patrol this year and 142 last year so there were that many more arrests for the Patrol Division with regard to narcotics charges. He stated another thing that has been getting a lot of attention is involuntary commitments. He stated there was more than one per day with 379 this year as opposed to 355 last year.

Sheriff Mastin stated if there is any good news in the Narcotics Division, they did seize $172,000 in assets of U. S. Currency. He stated they also participated in various federal investigations and seizures of multiple kilograms of cocaine as well as several other investigations. He stated the numbers are fairly representative of what the Narcotics Division normally does. Sheriff Mastin stated he has four officers in the Narcotics Division, one of which was recently hired as a Prescription Drug Monitoring Agent working prescription drug cases. He stated Captain John Summers is retiring next month and the County is losing one of the best Narcotics Officers not only in the State but in the nation. He stated as we speak right now Captain Summers is receiving a Lifetime Achievement Award from the North Carolina Narcotics Officers Association along with Lt. James Minton who is also receiving a Lifetime Achievement Award from the North Carolina Narcotics Officers Association for all of the work they have done. He stated a month ago in the local paper was an article where Captain Summers was presented the David Willham Award for his work in Narcotics for the US Attorneys Office United States Department of Justice. Sheriff Mastin stated they swept the chart this year because Craig Dancy is also at the Narcotics Officers Conference receiving the Narcotics Officer of the Year Award. Sheriff Mastin stated for those people that think they are not doing anything about drugs, prescription drugs, or any king of drugs for that matter maybe they do it quietly so they can enhance their business and people do not know what they are doing but the US Attorneys Office Drug Enforcement Administration and the North Carolina Narcotics Office recognize the work done by those guys. He stated he is very proud of them for what they have accomplished. He stated they have made this County look good not only in this State but nationwide.

Sheriff Mastin stated on Research and Development Major Greg Minton works on trying to hustle a dollar wherever he can. He stated he is always trying to get money in to keep the taxpayer from having to bring it all off of property taxes to pay for what they do. He stated during this past year he was able to get $118,995 as opposed to $39,833 last year. He stated that is just staying on top of all the new deals and grants that are available out there for law enforcement. Sheriff Mastin stated they do have an application in right now for the Cops Grant Award they are trying to pursue. He stated this would allow them to hire anybody they lost due to layoffs or reduction in force so they do not lose anything. He stated that will pay for those officers for a period of three years with no match because of the way the program has been rewrote. He stated they are exploring this but it is very competitive. He stated they are trying to make sure they are keeping up with business for the taxpayers here in the County.

Sheriff Mastin stated Chairman Zach Henderson and Commissioner Charlie Sink have both served on the Day Reporting Center Board. He stated they list their savings in jail bed days because of the number of people that would have been in jail had it not been for this program. He stated that was 5,674 jail bed days for the last year. He stated that is very significant because the population numbers as opposed to the 96 would have been 126 daily for the average. He stated he does not think they would have lasted very long under those circumstances. Sheriff Mastin stated the Sentenced Offender Program works in conjunction with Probation and served 66 clients during the calendar year. He stated the sex offender registration is run out of that office as well. He stated there are 126 registered sex offenders residing in Wilkes County. He stated the active number is 135 because currently 9 of those are currently in custody either here in the Wilkes County Jail awaiting trial on another charge or 9 in custody of the Department of Corrections after having been registered violated.

Sheriff Mastin stated they just completed yesterday an audit by the FBI with firearms transactions. He stated the agent reported they set the bar high for the next eighteen counties he has to audit. He stated they say that James Summers and the folks that issue these gun permits are doing a fantastic job of keeping up with Federal law and State law and doing it like it is supposed to be done. He stated they sold 228 more gun permits this year than last year. He stated they almost doubled the number of concealed permits. He stated there were 616 new permits as opposed to 326 last year. Sheriff Mastin stated there were 230 renewals as opposed to 124 and 41 duplicates where someone just lost their card and they have to issue those. He stated those alone generated $74,110 back to the General Fund for the County. He stated Mr. Summers earned his keep and that position paid for itself. Sheriff Mastin stated in addition to that they have to enter Domestic Violence Orders. He stated Sharon Parker takes care of the majority of those and backs up James Summers on the gun permits when he is gone to lunch or out. He stated they also fingerprint for a fee and that generated an additional $11,420. He stated just from those administrative duties that have befell the Sheriff they generated $85,644 as opposed to $53,780 last year. He stated they do not go out and solicit that business, it comes to their door.

Sheriff Mastin stated the Communications report looks a little different this year because of some new equipment they have. He stated the general things that will look the same are the number of calls that were dispatched. He stated those are fairly consistent with the way that it ran last year. He stated the Sheriff’s Office dispatched 31,849 calls to Sheriff’s officers, deputies, and detectives, as opposed to 32,262 last year. He stated fire/first responders was 6,798, Emergency Medical Service 10,884, Rescue Squad 456, Wilkesboro Police Department 7,177, North Wilkesboro Police Department 1,691, and the Highway Patrol 2,908. He stated all of those numbers are generally consistent with what they were last year for a total number of everything when the other agencies dispatched for were added. He stated that number increased because as opposed to giving additional calls to the Sheriff’s Office they were able to dispatch them for other departments such as Animal Control for service or the Landfill for a dumping violation. He stated the total number of dispatched calls was 64,853 as opposed to 62,556 last year so they are up about 2,000 calls. Sheriff Mastin stated there were 49,330 911 calls, 107,474 administrative calls, and 62,556 outgoing calls for a total of 219,360 phone calls. Commissioner Luther Parks asked how much that is up. Sheriff Mastin stated he does not know because they did not have the machine that calculates this last year. Commissioner Keith Elmore asked how long they keep records on these calls. Sheriff Mastin stated some of the records are permanent depending on what they are. He stated the recording device will hold them for a period of time unless there is something significant about that call that it needs to be kept for a longer period of time and recorded off for a Court case or because of a problem or an issue. He stated generally speaking the recording device so far as radio traffic and telephone conversations that take place is around thirty days. He stated the written record is permanent. He stated it is entered into that machine and kept forevermore. He stated he has every dispatched call since 1999. He stated that is when they started the new document system. He stated the dispatcher inputs what was occurring and what was being said. Sheriff Mastin stated the average time a dispatcher spends on the phone/radio/computer logged for two dispatchers on duty is 68.5 minutes per hour. He stated the 68.5 minutes is represented by adding a part-time dispatcher during hot times and it only calculates for two dispatchers. He stated all the things they are putting in place are tools to know how to break up their resources and how long it is taking this number of people to get these things done. He stated it is actually broken out into the time of day. He stated there are so many divisions that have to depend on the Communications Center for information. He stated page 3 of the Communications Report shows the number of calls that are dispatched at times of day. He stated that helps them plan when they need to have the majority of dispatchers and also in response time how much traffic is going on and what is occurring during those times so far as getting there. Sheriff Mastin stated the service time, and each can also be broken out for response time for each department such as fire and EMS, is the time it takes for the Sheriff’s Department’s response for each call that an officer has to stay on the scene to deliver the service being requested. He stated the response time is from the time the officer receives the call until he arrives. He stated the total of all times of day 24 hours per day 7 days per week is 14.08 minutes which is not bad for the number of people he has for a 758 square mile county. He stated most people’s initial response to that is when you are in an emergency, help never gets there fast enough. He stated time is relative to what a person is going through but this computer does not lie and it keeps up with what is being done. He stated his people complain about putting this technology in like a watchdog over them but it also defends them as well. He stated it tells on them if they do wrong but it will defend them if they are right.

Sheriff Mastin stated there is one School Resource Officer for each high school and that SRO also works the calls that come from the feeder schools of each district. He stated during the course of the year these numbers are down and he is tickled to death with the work being done at the schools. He stated they have a good working relationship with the staffs at each of the high schools. Sheriff Mastin stated Felony Juvenile Petitions just worry them to death and there were 6 this year as opposed to 19 last year. He stated School Superintendent Steve Laws had an article in the paper about how school crime was down over the last year. He stated his hat is off to the SROs and the school staff for working with the kids. He stated there were 112 Misdemeanor Juvenile Petitions this year as opposed to 177 last year. He stated the Adult Felony Arrests went up from 5 to 12 this year. He stated that is something that occurred on campus and the adult would be anybody sixteen years of age or older. Sheriff Mastin stated the Adult Misdemeanor Arrests are down from 85 to 67 this year.

Commissioner Elmore asked on the previous report what the difference is between the response time of 14 minutes and service time response on the scene which is 38 minutes. Sheriff Mastin stated that is the amount of time the officer is there at the call until he clears the scene or how long that unit is tied up providing that service. Commissioner Elmore asked if he calls in from Roaring River does he get an officer on site in 14 or 38 minutes. Sheriff Mastin stated the average is 14 minutes. He stated there are times that will be an hour such as non-emergency calls. He stated this is for all four levels of calls, emergency, expedite, routine, and service calls. Vice Chairman Blevins asked if the dispatcher typically makes the determination on the level of call. Sheriff Mastin stated based on the information they are given their training will let them know what level of alert to put out. Vice Chairman Blevins stated that would have a big influence at certain times in particular with regard to the average response time. Sheriff Mastin stated more than likely from 11 P. M. at night until about 7 A. M. there are two factors. He stated one is it is probably more of an emergency and the officers will be traveling faster to get there is why the times are down to 9.92 and 8.33 but also they have less traffic volume they have to fight as well. He stated there are two issues there that determine what the times will be. He stated the afternoon times from 3 P. M. until around 7 P. M. when people are moving from work jumps to almost 15 minutes response time. He stated first thing in the morning from 7 A. M. to 11 A. M. there is a high volume of traffic but they have the most administrative calls where something was broken into and is not an emergency and they just have to send an officer out to something that occurred overnight to get a report. Commissioner Elmore asked if the 38 minutes is when the officer is ready to leave the scene and has completed his investigation. Sheriff Mastin stated again that is an average. He stated it might be a prowler, a break in, or a domestic disturbance.

Sheriff Mastin stated the County lost the State Jail Fees this year where they got $18 per day for housing inmates that were sentenced. He advised the State took that away from the County. He stated that is $20,000 less this year than it was last year. Sheriff Mastin stated the one thing that went up was the backlog where they have to house inmates because there is no room in State prisons. He stated here lately it has been averaging about $10,000 to $12,000 per month to house inmates after they have been sentenced. He stated they have to wait until their reservations are filled at DOC so they can transfer them on to where they are supposed to go. He stated that is getting to be more of a problem. Sheriff Mastin stated the Special Accounts Deposits are executions where they are seizing assets to collect a debt through the Court and they have to have a settled option or collect the money from them and that has generated $6,501.66. He stated obviously there is a lot of money being collected right now, $309,597.19. He stated there were some significant incidences that occurred during the year and that was $47,000 last year and $309,000 this year. He stated by Statute they are required to charge for their service on those.

Sheriff Mastin stated every asset they have brought into the County General Fund is up about $80,000 from last year to $628,941.45 as opposed to $544,373.57 last year.

Sheriff Mastin stated he is extremely proud of the men and women of the Sheriff’s Office. He stated they do a great service for their County. He stated he would ask the Board as they review the upcoming budget to note they do not manufacture anything so far as what government services provide but what they do is provide a valid and essential service. He stated that is their work product. Sheriff Mastin stated he does not envy the Board’s position. He stated they have a very unenviable task at hand to balance this budget and keep the burden as light as they can on the taxpayers but at the same time they have a burden to provide essential services to these citizens. Sheriff Mastin stated he would be derelict in his duty if he did not tell the Board that public safety is one of the most valid services that government is sworn to provide. He stated it matters little what anybody has if they cannot feel safe whether it be from fire, sickness, injury, or crime if they cannot get any help from the government which they pay taxes to for that property they own and it is not available. Sheriff Mastin stated any loss of personnel in emergency services is really going to stretch the ability for them to provide any continuity of service. He stated this is his last go round and after December the County will have a new Sheriff, there will be a new Sheriff in town one way or the other, because he is leaving and retiring but for the next Sheriff please do not cut the budget to the point to where the Board thinks they can get by. He stated the Sheriff’s Department has proven time and time again this is not wasted money. He stated there are valuable services and peoples lives that have been assisted and some of them maybe even saved by what these folks do. He asked the Board to think about that carefully. Sheriff Mastin stated this is not a campaign staff with a Chair but are people that are on board and are professionals. He stated so far as changes go the County is losing the top seven administrators in the Sheriff’s Office. He stated there will be change regardless of who the next Sheriff is. He stated the County will lose he and six of the most competent, talented, trained, and educated law enforcement officers that have ever been in this County. He stated the Chief of Detectives is gone, the Chief of Narcotics is gone, the Chief of Dispatch is gone, the Patrol Commander is gone, a Detective Captain in the Juvenile Section is gone and there is going to be a lot of change. He asked the Board to work with whomever the next Sheriff is to make sure this service is provided to these people. He stated that is what they are sworn to do and it takes money and it is not going to happen if they do not have the equipment and the human resources to deliver this service. He stated that is what they do, provide that service.

SHERIFF’S DEPARTMENT - SUNGUARD OSSI SOFTWARE - Sheriff Dane Mastin stated the Sheriff’s Department would like to spend some Narcotics Forfeiture money. He stated they are asking to purchase a pawn program that interfaces with their computer records system. He stated when someone pawns an item at a Pawn Shop, the Pawn Shop can enter that directly into their computer. He stated several of the Pawn Shops have asked for this to be able to do this. He stated he decided to spend the Asset Forfeiture money on this program because it is so well tied in with drug problems. He stated a lot of people are stealing to pay for drugs so he can justify using it that way. Sheriff Mastin stated the people enter the property pawned in and it will match up in their databases to the property reported stolen. He stated they will get a printout report daily, live real time, so they can pick out the things that are potentially stolen or described similarly and can find property without having to go to the Pawn Shops and search through the location or go pick up the pawn tickets they write out by hand. He stated this makes it easier on the Pawn Broker and easier on the Sheriff’s folks to be able to determine whether or not it is a valid lawful pawn. He stated all of that money will be spent on the Sheriff’s end for upgrades and license. He stated the program itself costs $8,800 and it costs $600 per unit to set it up so it will cost roughly $10,600 to $11,000 for the entire package to be able to do that. Sheriff Mastin stated from that he can dictate to the Pawn Brokers under what format they report so that everything will be consistent from every single Pawn Shop. He stated those that do not want to computerize or cannot will still be required as the law requires to report in hard copy. He stated they will still be going by and picking up some of the pawn tickets but most of them want to do computers because it is faster and easier for them.

Chairman Zach Henderson asked the total cost. Sheriff Mastin stated it will be around $11,000.

Commissioner Luther Parks made a motion to approve the software purchase as requested. The motion was seconded by Commissioner Charlie Sink and unanimously approved.

Sheriff Mastin thanked the Board for their consideration of the Wilkes County Sheriff’s Department over the years and in this upcoming budget as well.

VETERANS SERVICE OFFICE SCHOLARSHIPS - Veterans Service Officer Ralph Broyhill stated this scholarship is very special to him because he has never done one at a Christian Academy. He recognized Michelle Rebecca Billings, daughter of Ronnie and Phyllis Billings. He stated she is attending Harvest Time Christian Academy and plans to attend Wilkes Community College in the Fall. He stated Ms. Billings will be a big asset to our County.

Chairman Zach Henderson congratulated Ms. Billings and wished her well. Ms. Billings received a round of applause.

RESOLUTION TO NAME VISITORS CENTER IN HONOR OF ARNOLD N. LAKEY - County Manager John Yates presented a Resolution to name the Visitors Center in honor or Arnold N. Lakey.

Chairman Zach Henderson stated Mr. Lakey was instrumental in moving the Visitors Center project forward especially in his capacity with the Department of Transportation and did a lot of work on this in order for it to come to fruition.

Commissioner Luther Parks stated this is a well deserved honor and made a motion to approve the Resolution as presented. The motion was seconded by Commissioner Charlie Sink and unanimously approved.

WHEREAS, Arnold N. Lakey was born on March 12, 1937 in Mecklenburg County to Henry Gray and Lilla Savannah Rhodes Lakey; and

WHEREAS, Arnold N. Lakey graduated from West Mecklenburg High School with honors and furthered his education at Kings Business College; and

WHEREAS, Arnold N. Lakey worked for and retired from Lowe’s Companies, Inc. with forty-one years of service obtaining the position of Vice President; and

WHEREAS, Arnold N. Lakey served as a Board member on the State of North Carolina Board of Transportation, serving a four year term from 2005 to 2009; and

WHEREAS, Arnold N. Lakey served as Vice Chairman for the Wilkes County Board of Commissioners; and

WHEREAS,Arnold N. Lakey has served Rotary for forty-five years, serving as President, Vice President, Treasurer, is a Paul Harris Fellow and is a major donor and benefactor in the Rotary Foundation; and

WHEREAS, Arnold N. Lakey has been a member of the Wilkesboro United Methodist Church for forty-four years, serving in several leadership positions; and

WHEREAS, Arnold N. Lakey is a Veteran, having served his country in the North Carolina National Guard, is a life member of American Legion Post 31; and

WHEREAS, Arnold N. Lakey has served Wilkes Community College as a Trustee, serving as Director and Chairman of the Endowment Corporation, has served with Walker Events as Director and Chairperson; and

WHEREAS, Arnold N. Lakey is serving as Chairman for the Board of Directors for the Rainbow Center for Children, being a Director since 1998; and

WHEREAS, Arnold N. Lakey is the Chairman of the Wilkes Regional Medical Center Board, having served on the Finance Committee, Resource Committee, Nominating Committee, and served as secretary; and

WHEREAS, Arnold N. Lakey has served as a Director for the Adult Developmental Activity Program since 1998 having served on the Building and Equipment and the Finance Committees; and

WHEREAS, Arnold N. Lakey has served as a Director for the Health Foundation, Inc., having served as the Vice Chairman from 2000 to 2009; and

WHEREAS, Arnold N. Lakey has served with Wilkes Vision 20/20 having been the Chairperson for the Steering Committee and the Sense of Community Committee; and

WHEREAS, Arnold N. Lakey has served as Director of the Wilkes Education Foundation since 2008, been an Advisory member since 1999; and

WHEREAS, Arnold N. Lakey has been the Chairman for the American Cancer Society which sponsors the Wilkes Relay for Life, being active in the Relay since 1997; and

WHEREAS, Arnold N. Lakey has been an active member of the Wilkes Chamber of Commerce since 1995, serving as a Director, Treasurer, and Chairman, having received the President’s Award, Volunteer of the Year Award, and the Duke Energy Citizenship and Service Award; and

WHEREAS, Arnold N. Lakey has served as Director and President of the Wilkes Art Council; and

WHEREAS, Arnold N. Lakey has received the Volunteer of the Year Award from the United Way of Wilkes for exceptional service to the organization; and

WHEREAS, Arnold N. Lakey has served as Chairman for the Steering Committee – Partners for Better Schools; and

NOW THEREFOREon behalf of Wilkes County, the Wilkes County Board of Commissioners do hereby issue this Resolution in honor of Arnold N. Lakey and in support of naming the Visitors Center on US Highway 421 in Wilkes County the Arnold N. Lakey Visitors Center.

RESOLUTION SUPPORTING THE NOMINATION OF JOHN A GARWOOD FOR THE NORTH CAROLINA AWARD - County Manager John Yates stated he received a request from Senator Steve Goss for a Resolution Supporting the Nomination of John A. Garwood for the North Carolina Award.

Chairman Zach Henderson stated Mr. Garwood has been of valuable service to his community in a variety of ways over a number of years. He stated Mr. Garwood has served in the North Carolina Senate, has been a Wilkes County Commissioner, and has served and worked very hard in a number of areas especially with regard to education. He stated this again is a much deserved award.

Commissioner Charlie Sink made a motion to approve the Resolution as presented. The motion was seconded by Vice Chairman Gary Blevins and unanimously approved.

WHEREAS, John A. Garwood was born on July 8, 1932 in Wilkesboro to James Lemuel and Annie Lura Carrigan Garwood; and

WHEREAS, John A. Garwood graduated from Wilkesboro High School in Wilkesboro in 1951 and received a B. S. in Business Education from Appalachian State University in 1957; and

WHEREAS,John A. Garwood served as a member of the North Carolina Senate from 1996-2006 serving as Co-Chair, Education/Higher Education; ranking Minority Member; Appropriations on Education/Higher Education; Opportunities and Needs for Economic Growth in North Carolina and Select Committee on Homeland Security; Emergency Management and Military Affairs; Member, Agriculture/Environment & Natural Resources,; Appropriations/Base Budget, Health Care, State and Local Government; and Select Committee on the Lottery Bill ; and

WHEREAS,John A. Garwood served on the Wilkes County Board of Commissioners from 1990 to 1994, serving as Chairman from 1991 to 1994; and

WHEREAS, John A. Garwood served as a local Board member for First Citizens Bank from 1975 to 2000; and

WHEREAS, John A. Garwood served as a member of the University of North Carolina Board of Governors from 1985 to 1996; and

WHEREAS, John A. Garwood served on the Appalachian State University Board of Trustees from 1973 to 1980 serving as Chair from 1979 to 1980; and

WHEREAS, John A. Garwood served on the University of North Carolina Board of Governors; Advisory Board, College of Agriculture & Life Sciences, NC State University; and

WHEREAS, John A. Garwood was a Sergeant, 11^th Airborne, United States Army, 1953 to 1955, Korean War; and

WHEREAS, John A. Garwood received the Outstanding Alumnus Award from Appalachian State University in 1997; and

WHEREAS, John A. Garwood has served Wilkes Community College as a Trustee, serving as Director and Chairman of the Endowment Corporation, and has served with Walker Events as Director and Chairperson; and

WHEREAS, John A. Garwood married Wanda Bandy Garwood on August 3, 1957, has three children and six grandchildren; and

NOW THEREFOREon behalf of Wilkes County, the Wilkes County Board of Commissioners do hereby issue this Resolution supporting the nomination of John A. Garwood for the North Carolina Award.

WILKES COMMUNITY COLLEGE BOARD OF TRUSTEES - County Manager John Yates stated he has received a letter from Dr. Gordon Burns advising the term of Terry Bumgarner is expiring in June and asking for his reappointment to the Board.

Chairman Zach Henderson stated Mr. Bumgarner has served for quite some time in that capacity and does quite a bit of work in that area.

Vice Chairman Gary Blevins made a motion to reappoint Terry Bumgarner for another term on the Wilkes Community College Board of Trustees. The motion was seconded by Commissioner Luther Parks and unanimously approved.

PURCHASING DEPARTMENT – SALE OF SURPLUS PROPERTY - County Manager John Yates stated the Purchasing Department is requesting approval from the Board of Commissioners to sell a 1996 Chevrolet Lumina 140,525 miles and a 1997 Ford Ranger 107,475 miles using the electronic auction method.

Commissioner Luther Parks made a motion to approve the sales. The motion was seconded by Commissioner Charlie Sink and unanimously approved.

Commissioner Keith Elmore stated his wife has a Nissan van with 340,000 miles on it and vehicles, if they are well kept, are not absolutely worthless when they get 100,000 on them. Commissioner Charlie Sink asked Commissioner Elmore if he has tried to sell it. Commissioner Elmore stated two years ago with 300,000 miles on it he took it to South Dakota to Mt. Rushmore and drove it back and never missed a beat. He stated it is worth $600 but there is still value in old things with a lot of miles.

2010/2011 BUDGET MESSAGE - County Manager John Yates thanked Finance Director Jerry Shepherd and his staff, County Clerk Alene Faw, and all the Department Heads in helping to do a very difficult budget. He stated this budget was very hard to do and is going to be very hard for the County Commissioners. He presented the following budget message:

The recommended budget for fiscal year 2010-2011 is respectfully submitted with a proposed tax rate of 65 cents per $100 of assessed valuation. The total recommended budget including all funds: general, 911, grants, airport, landfill, and volunteer fire districts is $73,114,190. This appropriation reflects a decrease in the total budget of $2,721,325 or 3.59%.

The recommended general fund budget for fiscal year 2010-2011 is $63,903.433. This appropriation reflects a decrease of $3,714,279 or 5.49% compared with the prior year budget of $67,617,712. Over the last two years the General Fund Budget has decreased by 12.05%.

This year’s recommended appropriation for the Wilkes County School system is $11,013.397. This appropriation includes $10,413,397 for current expense/operations and $600,000 for capital outlay/improvements. This year’s appropriation reflects a decrease of 15% in funding.

This year’s recommended appropriation for the Wilkes Community College is $3,165,129. The recommended budget for current expense is $2,649,129, $150,000 for capital outlay and $366,000 for salary supplements. The total appropriation represents a 15% decrease in funding.

PERSONNEL

Due to economic conditions facing our County, the Board approved a retirement incentive. This resulted in the retirement of 32 employees. We will not fill 21 of these positions thus reducing our personnel by 5%. By losing these years of experience and the vacancies created, our remaining employees will have to work harder to stay up to date with the work. The savings from these early retirements will amount to $798,000 this fiscal year.

Our self-insured Blue Cross Blue Shield employee health insurance premiums will remain the same as last year.

The Social Services General Administrative budget is recommended at $5,246,382 or $69,619 more than the prior year. The General Health budget is recommended $2,032,557 or $105,895 (4.95%) less than the prior year. The Smokey Mountain Center budget is recommended an appropriation of $259,200 or a 20% decrease.

The Sheriff’s Department recommended appropriation is $3,827,973, or a $25,062 (0.65%) decrease. The Jail recommended appropriation is $2,236,206 or a $269,950 (13.73%) increase.

The Emergency Communications recommended budget is $967,167 a decrease of $67,548.

The Emergency Medical Services budget is recommended $3,126,426, an increase of $263,398.

The County is working with the Town of Wilkesboro and North Wilkesboro to secure grant funds for the construction of a new water intake project in the amount of $9 million to $11 million to be located at W. Kerr Scott Reservoir. This project will enhance the ability to supply water for the municipalities and five (5) rural water companies providing water service in the County. We have budgeted $50,000 to finish an environmental assessment with the Army Corps of Engineers for the water intake project.

The County is also working with the Town of North Wilkesboro on the Industrial Park access road. This road will hopefully open up the park for more industrial use. $100,000 has been budgeted for this.

Currently the Wilkes County Airpark is almost complete. The taxiway construction should be completed by July 1, 2010. We have been awarded $1.3 million in grants from the Rural Center, EDA, IDF, Gold Leaf, and ARC for the water and sewer project. The County’s share of the water and sewer project is $68,000. I have budgeted $100,000 for final Airpark expenses.

Ad valorem taxes for the recommended budget are estimated at $33,420,299. We used current year’s actual values.

This year’s tax base has zero growth including real property, vehicles, and business personal property. In a normal year, we expect the growth to be between 3% and 4%. Due to the current economic conditions we are projecting no growth.

Sales Tax revenue is budgeted at $9,902,289 a decrease of $1,861,925 compared with the current year. The decrease is due to current economic conditions.

No General Fund Balance appropriation is required to balance this year’s recommended budget.

The Airport operating budget is recommended at $1,167,658 or $220,702 less than the prior year. The capital budget is recommended at $1,460,500. As mentioned above these expenses are for the Airpark water and sewer. The Airport continues to be an important economic development tool.

The Landfill operating budget is recommended at $2,295,100. This includes a $2 per ton increase in tipping fees. This increases revenues by about $100,000. As mandated January 1, 2011, we will be recycling electronics so an amount was budgeted for that expense. This appropriation includes the following:

There are no increases or decreases in taxes for the twenty-five (25) volunteer fire departments in the County.

Wilkes County, as other counties, has suffered an extreme loss in sales tax and ad valorem tax collections this past year. This has complicated an already strained budget that has decreased 8.5% in the past year. The economic conditions can be blamed but nonetheless we must prepare a budget that addresses the demand for continued public services. We must also, per the Local Government Commission, have a Fund Balance set aside in case of catastrophic events. They strongly recommend having 8% and say other counties of similar size have 25%. Our Fund Balance last year was at 5.03% and for 2009-2010 that number will be less. The proposed tax increase will cover expenditures and allow for a small Fund Balance in the 2010-2011 budget. The budget is the single most important document approved by the Board of Commissioners each year. As in the past this is the Manager’s recommendation based on requests from Department Heads. This is now presented to the Board for your consideration. The staff and I stand ready to assist in any way possible.

Chairman Zach Henderson stated there will be a work session on this budget this coming Thursday at noon. He stated that will give the Board a little time to look at the budget and study it. He stated there may be need for more than one work session day.

Chairman Henderson stated four of the Commissioners are going to go to the County Assembly Day in Raleigh and that is with the desire to learn as much as they can on the state of the State’s budget so the Board can plan for what they are going to do for the coming year. He stated all of this information will be valuable to the Board and they will study it closely. Chairman Henderson stated this budget was not an easy one to do. He stated none of them are but this one was particularly difficult in light of the economic conditions the County faces. He thanked Mr. Yates, Mr. Shepherd, Mrs. Faw, and all of the Department Heads for the work they put into this.

2010/2011 BUDGET - PUBLIC HEARING SET - County Manager John Yates stated the Board will need to set a Public Hearing on the proposed budget.

Commissioner Charlie Sink made a motion to set a Public Hearing on the proposed 2010-2011 Wilkes County Budget on June 1, 2010 at 5:00 P. M. with the Commissioners Meeting to follow. The motion was seconded by Commissioner Keith Elmore and unanimously approved.

WILKES COUNTY 4-H - County Manager John Yates stated he has received a memo from Judy West advising that effective May 26, 2010 Wilkes County 4-H will cease operations and management of the After School Program at Roaring River, Mulberry, Mountain View, C. B. Eller, Ronda-Clingman, Moravian Falls and Boomer-Ferguson Schools. He stated as a result the supplies and equipment located at these sites will need to be disbursed. He stated these consist of educational materials and equipment used in school age children’s classrooms. Mr. Yates stated Ms. West is recommending the schools be given the option to use any of these supplies and equipment in their classrooms or in the After School Program should they decide to continue to offer this service. He stated they are recommending if the schools should decline this offer, the materials be donated to a non-profit After School Program. He stated they are asking for the Board’s approval of this recommendation.

Commissioner Charlie Sink made a motion to approve the recommendation. The motion was seconded by Commissioner Luther Parks and unanimously approved.

OCCUPANCY TAX - County Manager John Yates stated some of the Commissioners have asked about an occupancy tax. He stated in doing some research he found out this has to be included in Local Bills and the deadline for that is tomorrow. He stated in order to get a Local Bill the Board will need to pass a resolution and get it to Raleigh tomorrow in order to look into a Countywide occupancy tax.

Commissioner Luther Parks made a motion to approve the Resolution as presented. The motion was seconded by Commissioner Charlie Sink and unanimously approved.

WHEREAS, G. S. §153A-155 authorizes counties to levy a room occupancy tax in accordance with procedures set forth therein; and

WHEREAS, G. S.§153A-155 by its terms applies only to counties the North Carolina General Assembly has authorized to levy room occupancy taxes; and

WHEREAS, the Wilkes County Board of Commissioners desires to request that Wilkes County be added to the list of counties authorized to levy a room occupancy tax under said statute;

NOW, THEREFORE, BE IT RESOLVED by the Wilkes County Board of Commissioners, that Wilkes County be added to the list of counties authorized to levy a room occupancy tax under G. S. §153A-155, and that either or both of the legislators representing Wilkes County in the North Carolina General Assembly be requested to introduce local legislation to that effect;

BE IT FURTHER RESOLVED, that in the event said local legislation is approved by the North Carolina General Assembly and Wilkes County is added to the list of counties authorized to levy a room occupancy tax under G. S. §153A-155, Wilkes County through its Board of Commissioners shall follow all procedures prescribed under said statute prior to the implementation of such a room occupancy tax.

LIBRARY - Vice Chairman Gary Blevins stated the Board received a letter from the Board of Trustees of the Library regarding the reappointments to their Board. He stated the vote of the Board was to put them on the Regional Board and according to the letter they will actually go on the local Board.

RECESS - Chairman Zach Henderson declared the Board of Commissioners meeting in recess until Thursday, May 20, 2010 at 11:30 A. M.

RECONVENE - Chairman Zach Henderson reconvened the meeting of the Wilkes County Board of Commissioners on May 20, 2010 at 11:30 A. M.

CLOSED SESSION - Commissioner Charlie Sink made a motion to go into Closed Session to establish or instruct the staff or agent concerning negotiations of the terms of a contract for the acquisition of real property; to consult with the County Attorney to protect the attorney-client privilege; and to discuss and give instructions with respect to a pending judicial action entitled Paul Absher versus the Wilkes County Sheriff’s Department. The motion was seconded by Commissioner Luther Parks and unanimously approved.

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

DAN JOHNSON LANDFILL - County Attorney Tony Triplett stated the Board of Commissioners have been discussing the possible purchase of a tract of property located in the eastern part of Wilkes County on Luffman Road. He stated this property is owned currently by Wilkes Cattle Company a corporation that is basically owned by James and Gayle Lowe. He stated on this property is situated what was formerly known as the Dan Johnson Landfill. Mr. Triplett stated that was a private landfill that is now closed and has been closed since July 1, 1993. He stated the Department of Environment and Natural Resources has been working with the County through Solid Waste Director Kent Brandon, County Manager John Yates, and he on this property for some period of time. He stated the County will continue to have post-closure requirements for this closed landfill probably indefinitely and at least for the next thirty years in all likelihood. Mr. Triplett stated DENR has strongly urged the County in order to acquire control over this property and to be able to properly monitor this property and carry out post-closure requirements as DENR mandates, for the County to purchase this property. He stated the County has been in negotiations with the landowners on this property and before the Board today is a recommendation that the property be purchased by the County. Mr. Triplett stated he has been negotiating and reached a tentative agreement for a purchase price of $260,000 for approximately 40 acres of property. He stated if the Board does wish to proceed to purchase the property in order to achieve control and protect the County’s post-closure requirements from DENR, the Board will need to make a motion to do so.

Vice Chairman Gary Blevins asked what year that landfill closed. Mr. Triplett stated it closed July 1, 1993 and has been closed for seventeen years. Vice Chairman Blevins asked if there has been any activity by the County other than monitoring for the past seventeen years. Mr. Triplett stated that is correct. He stated the County installed monitoring wells as required by DENR at the time it was closed and through the County’s engineers have continued to sample the water from those monitoring wells every year. He stated DENR is now requiring the County to enter onto the property and mark the boundaries of the waste. He stated in his opinion there will be other requirements just as the County is facing requirements for the closed landfill on Germantown Road. He stated the County has a methane recovery system in place there and in his, Mr. Yates, and Mr. Brandon’s opinion the County will eventually have to place some type of methane recovery system on this property. Mr. Triplett stated while Dan Johnson owned the landfill the County was responsible under DENR’s eyes to monitor the property, control it, and although he no longer owns it DENR is going to continue to require the County do more and more with it and probably wants the County to buy the property. Vice Chairman Blevins stated the requirements for these types of things seventeen years ago were obviously less stringent so the County has a moving target of requirements from DENR where the County is having to come up to and comply with regulations that were not in effect when this landfill operated and was closed. He stated the County had no idea of what would happen seventeen years forward so the Board basically needs to go back and correct the situation because the State has added additional requirements and put the County in a position where they basically have no choice other than to acquire the property despite the fact that none of this Board had anything to do with either the opening or closing of this property. Mr. Triplett stated Vice Chairman Blevins has summarized this perfectly.

Commissioner Keith Elmore asked the value of the property. Mr. Triplett stated the tax value is approximately $150,000. Vice Chairman Blevins stated at this point he thinks that is almost irrelevant with regard to the situation the County is in.

Vice Chairman Gary Blevins made a motion to proceed with the purchase of property owned by Wilkes Cattle Company as acquired by them in Book 955, Page 214 Wilkes County Registry for a purchase price of $260,000. The motion was seconded by Commissioner Charlie Sink.

Mr. Triplett stated he will proceed to close. He stated he knows this is not something that anyone anticipated having to do and did not wish to do. He stated Vice Chairman Blevins summarized it very well in stating that DENR has basically made it clear the County is going to have to acquire control of this property one way or the other so this is yet another mandate the County is having to face. He stated this was not something the Board foresaw but DENR has placed that before the Board and that is the position the County is in.

ADJOURN - Motion was made by Commissioner Charlie Sink seconded by Commissioner Luther Parks and by unanimous vote adopted to adjourn the meeting of the Wilkes County Board of Commissioners at 12:45 P. M.

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