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MINUTES
WILKES COUNTY BOARD OF COMMISSIONERS
JUNE 2, 2009
PUBLIC HEARING - MINORITY BUSINESS ENTERPRISE CERTIFICATION - Chairman Zach Henderson declared the Public Hearing open concerning the Minority Business Enterprise Certification at 5:00 P. M. on Tuesday, June 2, 2009, with the following members present: Chairman Zach Henderson, Vice Chairman Keith Elmore, Commissioner Gary Blevins, Commissioner Luther Parks, and Commissioner Charlie Sink.
Also present were Tony Triplett, County Attorney; County Manager John Yates; and Alene Faw, Clerk to the Board.
There being no comments regarding the Minority Business Enterprise Certification, Chairman Zach Henderson declared the Public Hearing closed at 5:01 P. M.
PUBLIC HEARING - Chairman Zach Henderson declared the Public Hearing open concerning the 2009-2010 proposed Wilkes County Budget at 5:01 P. M. on Tuesday, June 2, 2009, with the following members present: Chairman Zach Henderson, Vice Chairman Keith Elmore, Commissioner Gary Blevins, Commissioner Luther Parks, and Commissioner Charlie Sink.
Also present were Tony Triplett, County Attorney; County Manager John Yates, and Alene Faw, Clerk to the Board.
Chairman Henderson stated the Board had one work session regarding the budget and worked their way through a few issues. He stated that will be addressed later this evening.
There being no comments regarding the 2009-2010 proposed Wilkes County Budget, Chairman Charlie Sink declared the Public Hearing closed at 5:02 P. M.
The Wilkes County Board of Commissioners met on Tuesday, June 2, 2009 at 5:02 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 May 19, 2009.
BUDGET AMENDMENTS & BUDGET TRANSFERS - Commissioner Luther Parks made a motion to approve Budget Amendments No. 66 (Fire Districts), No. 67 (Social Services), No. 68 (Health – Wilkes Dental Clinic), and No. 69 (General Fund); and Budget Transfers No. 29 (Garage), No. 30 (CJPP), No. 31 (SACC), and No. 32 (Sheriff, Jail, Communications). The motion was seconded by Commissioner Charlie Sink and unanimously approved.
MINORITY BUSINESS CERTIFICATION - County Manager John Yates stated the Minority Business Enterprise Certification requires that the State and its political subdivisions when awarding public building contracts that exceed $100,000, the contracts be awarded without regard to race, religion, color, creed, national origin, sex, age or handicapping conditions. He stated it also sets a goal of 10% for participation by minority businesses in building construction contracts awarded. He stated this is one of the requirements for the Rural Center Grants.
Chairman Zach Henderson stated in order to be able to move forward with applying for grants, the Board needs to address this.
Commissioner Charlie Sink made a motion to approve the Minority Business Certification. The motion was seconded by Commissioner Gary Blevins and unanimously approved.
BLUE RIDGE OPPORTUNITY COMMISSION – HOME & COMMUNITY CARE BLOCK GRANT - Chairman Zach Henderson stated the County has to approve the Home & Community Care Block Grant so Blue Ridge Opportunity Commission can qualify for certain funding. He stated this is done every year. Chairman Henderson stated this is with the High Country Council of Governments and is for older adults.
Commissioner Charlie Sink made a motion to approve the Home & Community Care Block Grant. The motion was seconded by Commissioner Gary Blevins and unanimously approved.
SHERIFF’S DEPARTMENT – ANNUAL REPORT - Sheriff Dane Mastin stated he knows the Board is aware of the value of the employees of the County, what they do, and how they serve the citizens. He stated a lot of times there are folks that are behind the scenes and there are people in departments that are not recognized that are doing things that no one sees in their daily work. Sheriff Mastin stated in the past week or so the Sheriff’s Office has been in the news quite a bit. He stated there are folks behind the scenes that are always there. He stated there have been three man hunts in less than seven days. He stated they have had a lot of folks out beyond their work hours volunteering, carrying guns, walking through the woods and taking some pretty dangerous chances and ultimately trying to successfully carry out their duties. Sheriff Mastin stated there are a group of folks they call on every time that have never failed them. He stated they have been there, bring equipment, service it, and stay with them. He stated they are usually the first to come and the last to leave because they clean up their mess. Sheriff Mastin stated he would like to recognize Larry Elledge from the County Garage. He stated those folks come out in the middle of the night, stay with them, and provide lights, equipment, wreckers, generators and all the things they have to have. He stated they bring their trucks, set them up, makes sure they are level so nothing turns over, and services the tank. He stated they had to use the armored personnel carrier the other night in Caldwell County. He stated Mr. Elledge drove it over there on the truck, unloaded it, and made sure it was ready to go to do what they needed. He presented the employees of the Wilkes County Garage and Larry Elledge with a Wilkes County Sheriff’s Office Certificate of Meritorious Service for outstanding commitment and service to the Sheriff’s Office and the people of Wilkes County. Sheriff Mastin stated a lot of this is volunteer work but they are right there every time. He stated they work with the Sheriff’s Department every day putting their stuff together and making sure it is working. He thanked Mr. Elledge and his staff for being so dutiful. He stated most of the time they work on cars, trucks, etc. but the ambulances do not pick up people without Mr. Elledge. He stated the Sheriff’s cars, and everything else cannot operate without Mr. Elledge.
Chairman Zach Henderson stated he could not agree more. He stated this is well deserved.
Sheriff Mastin stated they need to be more appreciative of the folks that serve and work with them and make their jobs so much easier and safer.
Sheriff Mastin stated the Board has a copy of the 2008 Sheriff’s Office Report. He the Detention Center currently averages 87.29 inmates per day. He stated they have a capacity of 68 so they average 19 over. He stated the Civil Division processes are approaching near 10,000. He stated under Operations they have made quite a few arrests. He stated it looks like they are arresting about 10% of the population but unfortunately between one and five hundred of those get arrested a bunch of times. He stated the number of investigations is up a little bit at 2,712 last year. Sheriff Mastin stated those investigations are broken down and that is the thing they have to wait to verify with the State on the actual crimes committed such as the number of murders, rapes, robberies, and burglaries. He stated these are nationwide statistics.
Sheriff Mastin stated a hot topic they have dealt with lately is involuntary commitments and how many hours that is taking at Wilkes Regional Medical Center, the Sheriff’s staff, and the Police Departments. He stated the Sheriff’s Department did 355 last year or almost one per day. He stated that is a great deal of resources. He stated they have averaged that time to be somewhere around twelve to fourteen hours per case.
Commissioner Luther Parks asked if that is still growing. Sheriff Mastin stated it is. He stated some days they will have seven or eight and some days they have none but it averages about one per day.
Chairman Henderson asked if the Sheriff has any statistics that compare Wilkes County to other counties in regard to the numbers. Sheriff Mastin stated a County they have been reported back to in the Mental Health District is Wilkes County is parallel to Gaston County. He stated they have a much higher population but Wilkes County is committing as many people as they are. He stated he is sure there are several reasons for that. He stated one is it is an abused and overused methodology that the justice system provides. He stated the other thing is Wilkes County is one of the leading counties in the nation for drug abuse with regard to prescription medication. He stated that has its bearing on it. Sheriff Mastin stated that is a complex issue. He stated the Sheriff’s Department just hosted a Drug Diversion Class here today and he has been interviewed by several media groups on why he is doing that. He stated that is because Wilkes County has so many deaths per capita per 100,000 people. He stated it is high nationwide and Wilkes County is ranked in the top. He stated Wilkes County is one of the leaders in the State in unintentional drug overdose and deaths due to prescription narcotics. Sheriff Mastin stated they are trying to get a handle on that and work on it. He stated so far this year they are averaging one per week. He stated last year they had 26 deaths. He stated that is the number one cause of deaths they investigate besides natural causes. He stated it is more than accidents and more than homicides. He stated he does believe that is a contributing factor to the involuntary commitments and it is a complex thing. Sheriff Mastin stated the County’s work ethic and the type of work that is done here is subject to severe and chronic type pain and people become hooked on prescription drugs unintentionally and they unintentionally overmedicate and die because of it. He stated that is one of the factors but there are many and it is complex. He stated he has heard some people say in the past it is trashy and uneducated people but he disagrees with that. He stated he thinks it is people that are working hard and trying to keep working and accidentally become involved in something they do not recognize. He stated prescription drugs are dangerous but serve a good purpose when used properly. He stated that is a good lead in to the Narcotics Summary. He stated they confiscated 1,449 grams of cocaine, 4,340 grams of marijuana, 775 dosage units of prescription drugs, 70 dosage units of heroin which they are seeing make a come back, and $165,000 in cash. Sheriff Mastin stated they have ongoing investigations with other State and Federal agencies for 22 pounds of methamphetamine, 1,000 pounds of marijuana, vehicles, firearms, etc. that come along with drug seizures. He stated they are trying to do their part to deter it.
Sheriff Mastin stated Major Greg Minton does their grants. He stated they are trying to get money from every area they can to bring into the County. He stated last year through grant writing they were able to bring in $39,833 in strategic planning grants.
Sheriff Mastin stated with 68 beds at the Detention Center they are having over 87 people per day and if they did not have the Pre-Trial Release Program they would be in real trouble. He stated they recognized the problem they have and have had to step that up a little bit and are averaging 25 per day they have out on the street as opposed to being in jail. He stated they are having to change their criteria a little bit which is good and bad. He stated they are not in jail but there are a little more risky people out. He stated unfortunately that is the story behind not having sufficient space. Sheriff Mastin stated the Pre-Trial Release Program has served 42 clients for 4,164 jail bed days. He stated that is one day where one inmate would be there they took out for $208,200 in savings to Wilkes County. He stated that is calculated at $50 per day. Sheriff Mastin stated there are 112 registered sex offenders in Wilkes County and 105 are active on their rolls they keep up with and monitor where they are.
Sheriff Mastin stated a huge charge they did not anticipate this year is in their administrative permits. He stated they sold 1,110 purchase permits, 326 new concealed carry permits, 124 renewal concealed carry permits and 36 duplicates where someone had lost their wallet or needed another copy. He stated by that they generated $38,595. He stated with unfunded mandates for domestic violence orders they have to by law enter on the driver’s license anyone who has been ordered to refrain from being around someone immediately upon issuance of the order. He stated 310 of those were issued on driver’s license. He stated 822 sets of user fingerprints were taken last year at $10 each. He stated that division including transportation for someone else, took in $53,000.
Sheriff Mastin stated the Communications Center is another area where statistics are up. He stated they dispatched 62,556 calls with the majority being to the Sheriff’s Office at 32,262. He stated that is a lot of service being requested and rendered. He stated EMS was up as well at 10,597 calls, fire and first responders 6,700, etc. He stated the machinery they have will log every call that comes in for a total of 156,794 pieces of business that went through the Communications Center last year. He stated that is a lot of work.
Sheriff Mastin stated there is one School Resource Officer per high school but each SRO works their feeder schools and the associated Middle School with it so these statistics cover what they have done in elementary feeder schools, middle schools and the high school as well. He stated this is pretty much steady and they are doing a good job in trying to keep the campuses safe. He stated those numbers are generally higher than they want to see because kids do get into trouble but they are not outrageous. He stated the numbers show those folks are not standing around idle at the schools. He stated if you take the number of instances they are dealing with, the vast majority of those are not dispatched through the Communications Center. He stated those are calls generated by staff members that walk up to an SRO and tells them they need them or a phone call to a school asking them to come by. He stated if it were not for those folks, that would further complicate the patrol officers with having to respond to those schools. Commissioner Gary Blevins asked what the School Resource Officers do during the period of the year when school is not in session. Sheriff Mastin stated on a regular scheduled work day for the Sheriff’s Office they come to work with them. He stated they are on a regular officer’s schedule. He stated during the summer they will be working the lake a lot because he has contract lake patrol and the remainder of them available will fill in at the Courthouse and catch up on civil papers and warrants and things they get behind on during the vacation season when some people might like a day off. He stated they fill in where they are needed. He stated some of them will do patrol functions when he is short handed. He stated they do not have a regular school schedule but have an officer’s schedule.
Sheriff Mastin stated the Fire Marshals Office issues permits for blasting and explosives, does responses and investigations, and does the Injury Prevention and Safe Kids Program where they do presentations and kid car seat checkpoints and things of that nature.
Sheriff Mastin stated the Board members need to contact Representative Shirley Randleman and Senator Steve Goss before the State budget is approved because they are looking at cutting out all the reimbursement for county’s housing State inmates. He stated that was $89,972 for last year that the County would not receive for 2009-2010 if the State budget stays intact as is. He stated on top of that they are looking at giving back to the County a number of misdemeanant prisoners they currently do not house. He stated he estimates that will put somewhere between five and ten inmates per day back on the jail that already has no space. He stated if that budget is approved the jail population will go over 100 real fast. Sheriff Mastin stated he also understands that the Criminal Justice Partnership Program has been left out of the Governor’s Budget. He stated if they do not fund that Pre-Trial Release Program that is another 25 inmates that will be coming back to the jail. He stated that will cost the County millions of dollars from lost revenue for inmates the County has not seen heretofore in the jail. Sheriff Mastin stated more than likely the County will not keep those here but will use the resources they are burning up serving papers, answering calls, and doing investigations putting them on the highway, hauling them to someone else’s jail, and paying them for keeping the County’s inmates. He stated this is a pretty desperate situation that was not created by him, the Board of Commissioners, nor the County Manager. He stated this is due to the economy and the State government is going to transfer its burdens because they have a $4 billion hole they are trying to fill and they are going to transfer the burden back to the County. He stated it is the County’s obligation to keep a jail. Commissioner Charlie Sink asked if that would eliminate the Department of Corrections backlog money also. Sheriff Mastin stated it will. He stated that is $40 per day per inmate the County keeps on the sixth day after they have called in and made reservations for the inmate to the area they are going to be sent to. He stated if they do not have a place for them to be taken within five days, the State pays the County $40 per day. He stated that number may be nothing one month and $9,000 or $10,000 the next month. He stated that is an additional $32,000. He stated the County is looking at over $100,000 in revenues. He stated if the County has to do away with the work release program on top of that, that is another $17,000. Sheriff Mastin stated he wanted to caution the Board about these things. He asked them to be in touch with the Commissioners Association. He stated the Commissioners Association sent information out to him. He stated he and Major Minton worked on numbers with the County Manager yesterday to get that information to them so they can go to Raleigh and combat in the budget what is going to be adversarial to the County. He stated the Sheriff’s Association is doing the same thing. He stated they met in Raleigh last week to try to do everything they can to try to keep from getting overburdened back here. He stated there is an explosive mixture coming up that he is very concerned about. He stated it is not of their making but is just what they do and is business.
Sheriff Mastin stated the total assets obtained by the Sheriff’s Office last year was a little over $500,000. He stated it costs a lot more to put the show on but they are trying to do their part and make a little money back as they can. Vice Chairman Keith Elmore asked what fund the total assets come back to. Sheriff Mastin stated that goes to the General Fund.
Vice Chairman Elmore asked why the Town of North Wilkesboro’s calls are 1,497 and the Town of Wilkesboro’s are 7,679. He asked why there is such a discrepancy. Sheriff Mastin stated the North Wilkesboro Police still use their office telephone number as their emergency contact. He stated most people that call the Police Department over there will call 838-3158. He stated they do receive 1,497 911 emergency calls they dispatch to them. He stated they have a 24 hour a day dispatch. He stated the Wilkesboro Police is higher because they have one dispatcher for 40 hours per week. He stated the County is covering over ¾ of the week for them which is two shifts per day and the weekend 24 hours so they dispatch more calls for them for that reason only. Vice Chairman Elmore asked if there are any plans to get everyone singing from the same hymnal. He stated it looks like there would have to be a delay in calling 911 and transferring that to North Wilkesboro. He stated it looks like that would cause problems. Sheriff Mastin stated they have offered to do that but the Town Boards are proprietary and ownership is something they feel is necessary in both Towns for some period of time in Wilkesboro’s case or 24 hours per day as in North Wilkesboro’s case. He stated they have their dispatchers doing other things as well so therefore they can justify it. Sheriff Mastin stated it would be a better consolidated system if it were under one roof but that would be that much more work on the Communications Center.
SHERIFF’S DEPARTMENT - SALE OF VEHICLES - Sheriff Dane Mastin stated part of the Sheriff’s Departments seizures over the past couple of years was a 2002 BMW Sedan and a 2002 Volvo. He stated both of those were seized and awarded to the Sheriff’s Department by the federal government to be used for the Sheriff’s Departments purposes. He stated those vehicles have been used in an undercover capacity and have now out served their useful purpose and they need to move them. He stated they are asking to allow the Sheriff’s Department to sell those vehicles because they have been made a deal by the Glock Corporation to trade all of their service weapons in gun for gun at no charge. He stated Glock has made this a one time deal. Sheriff Mastin stated some of their guns are getting to be twenty years old and are mechanically malfunctioning, firing pins wearing out, springs that have to be replaced, some are loose in the mechanism, etc. He stated as opposed to buying new guns, Glock gave them the opportunity to trade them gun for gun even but because it is a different frame and different type of gun they have to have holsters and rigs. Sheriff Mastin stated they are asking to be able to sell those cars and take the proceeds for this purpose. He stated this will not burden the taxpayers and will let the drug dealer’s money work for them and fund that with the sell of the vehicles and get the equipment compatible with the gun trade.
Chairman Zach Henderson stated this sounds like a deal to him. He asked the caliber of the guns. Sheriff Mastin stated they are 40 caliber Glocks. He stated they have a combination now of Sig Sauer 9 millimeters and some Sig Sauer 40’s. He stated this way everybody across the board will have the same gun, the same ammunition, and the same training regimen and once and for all hopefully they can get a uniform weapon. Sheriff Mastin stated Chief Deputy Chris Shew and Captain Mike Cardwell have worked very hard on this. He stated an armament class to be able to work on these weapons is also included in that deal so they are getting a good one time opportunity to swap out and not bother the Board. He stated these guns will last seventeen years and maybe some of them can make retirement on them.
Commissioner Luther Parks asked the total number of guns. Captain Cardwell stated there are 80+ guns. Commissioner Charlie Sink asked how much a Glock costs. Sheriff Mastin stated the Glock costs between $400 and $450.
Chairman Henderson asked if they are 23s. Captain Cardwell stated they are 22s.
Sheriff Mastin stated the Sig Sauers originally cost about $650 each. He stated that is the difference in the guns and why they are able to do that. He stated they can actually resale them for about the same they have in these and can swap. He stated they will lose money on some of the guns and make money on some of the others and that way they can break even. He stated he feels like this is the only way they can break even.
Chairman Henderson stated he likes the idea of having the continuity of all officers carrying the very same thing. He stated it seems for liability reasons the County would want that for training purposes, etc. He advised the State does that and it has worked well for them. Sheriff Mastin stated they have always used forfeiture monies and assets to purchase weapons. He stated that is how they got the Sigs to start with and now they have the opportunity to get a uniform group together and they think it is timely for them.
Commissioner Gary Blevins made a motion to approve sale of the vehicles to fund the purchase of the additional equipment needed for the Glock trade. The motion was seconded by Commissioner Luther Parks and unanimously approved.
Sheriff Mastin stated they are funding a Bomb Team and a Swat Team and have to use more funds and asked the Board to please keep in mind as they get forfeited assets they can use those to fund those operations or to let them know they do not want them doing that. He stated they are not cheap and the liability of doing it halfway as opposed to doing it right is greater than not having it at all. He stated they need to have these people equipped, trained and the equipment available to make these actions happen. Sheriff Mastin stated in order to do this and not burden the taxpayer, they can use forfeited money and assets seized in these investigations. He stated it is crucial to keep that going. He stated the Bomb Team is a Regional Bomb Team certified by the SBI and the SWAT Team is certified by the Department of Justice. He stated they have to follow criteria, a training regimen, and there is equipment they have to have to keep it first rate. He stated that is why the area law enforcement agencies are calling them. Sheriff Mastin stated he has a first rate group of guys and the invitation is open to the Board when they want to see them do something they will put on a show for them. He stated sometimes they actually scare him. He stated they are good, well trained, and very efficient. He stated the whole idea that everyone has is to try not to hurt anybody, not the people they are dealing with nor our people. He stated that is the whole focus behind this. Sheriff Mastin stated this looks like a military action but the whole intent is that no one gets hurt and they have a show of force to be able to handle what is required. He asked the Board to keep that in the back of their mind when they come in to ask for things. He stated their budget is going to be cut and there is no money to make this happen but they are asking the Board’s deliberation on these things when they are able to find some assets and be able to sell them to be able to fund these operations.
RURAL CENTER GRANT RESOLUTION - County Manager John Yates stated before the Board is a Resolution from the Rural Center for the Wilkes County Airpark. He advised it just states the County is requesting $100,000 from the Rural Center. He stated the cost of the project is $1,345,500 and it requires a 5% County match of the total project cost in the amount of $67,275. He stated the matching funds are in the budget for next year. Mr. Yates stated the County is asking for Golden Leaf money and several other grants.
Commissioner Charlie Sink made a motion to approve the resolution. The motion was seconded by Commissioner Luther Parks and unanimously approved.
AUTHORIZING RESOLUTION BY GOVERNING BODY OF THE APPLICANT
NC Economic Infrastructure Program
WHEREAS, The North Carolina General Assembly passed House Bill 1352 authorizing the making of grants to aid eligible units of government in financing the cost of construction of wastewater treatment works, wastewater collection systems, and water supply systems, that will result in job creation, and
WHEREAS, The Wilkes County Government has need for and intends to construct or rehabilitate a publicly-owned treatment works or an alternate wastewater system, for wastewater collection systems or for water supply and distribution systems, project described as Wilkes County Airpark Water and Sewer Infrastructure; and
WHEREAS, The Wilkes County Government intends to request grant assistance from the Economic Infrastructure Grants Program for the project in the amount of $100,000; total cost of the project being $1,345,500; Wilkes County Government to provide a five (5) percent match of the total project cost in the amount of $67,275; and
NOW THEREFORE BE IT RESOLVED, BY THE BOARD OF COMMISSIONERS OF THE WILKES COUNTY GOVERNMENT:
That Wilkes County Government will arrange financing for all remaining costs of the project, if approved for a grant.
That Wilkes County Government will provide for efficient operation and maintenance of the project on completion of construction thereof.
That Mr. Zach Henderson, Chairman, Wilkes County Board of Commissioners, and successors so titled, is hereby authorized to execute and file an application on behalf of Wilkes County Government with the NCREDC (Rural Center) for a grant to assist in the construction of the project described above.
That Mr. Zach Henderson, Chairman, Wilkes County Board of Commissioners, and successors so titled, is hereby authorized and directed to furnish such information as the Rural Center may request in connection with such application or the project; to make the assurances as contained above; and to execute such other documents as may be required in connection with the application.
That Wilkes County Government has substantially complied or will substantially comply with all Federal, State, and local laws, rules, regulations, and ordinances applicable to the project and to the grants pertaining thereto.
Adopted this the 2nd day of June, 2009 at Wilkesboro, Wilkes County, North Carolina.
WILKES COUNTY BOARD OF COMMISSIONERS
/s/ Zach Henderson, Chairman
ATTEST:
/s/ Alene E. Faw, County Clerk
ARLINGTON VOLUNTEER FIRE DEPARTMENT - County Attorney Tony Triplett stated the Board has been discussing the Arlington Volunteer Fire Department situation for sometime now. He stated as discussed the County has a contract with Arlington Fire and Rescue to provide fire protection services in the portion of the Arlington Fire Tax District that is located in Wilkes County. He stated most of the Arlington Fire Tax District is located in Yadkin County but a small portion is in Wilkes County. He stated the County has contracted with Arlington for many years to provide this service. Mr. Triplett stated over the course of the last couple of years Ronda Volunteer Fire Department has expanded their district to a six mile district meaning they are authorized by the Department of Insurance to service a bigger six mile area. He stated they have also built a new sub-station. He stated this sub-station would enable them to also serve this same area. He stated their new sub-station is pretty much the same distance from this Wilkes County portion of the Arlington Fire Tax District as the Arlington Fire Department. He stated this being the case and Ronda having the equipment to furnish that area as has been discussed the Board may wish to consider allowing Ronda, one of our own County fire departments, to service this area now that they are able to do so. Mr. Triplett stated if the County does that the first step would be for the Commissioners to authorize termination of the existing contract with Arlington. He stated this is not an immediate thing. He stated the way the fire department contracts are worded is there is a one year termination clause. He stated Arlington’s fire department contract renews every July 5th so if the County gives notice to them prior to July 5, 2009 of termination, it will terminate effective July 5, 2010. He stated during that time will be time to provide for a transition to Ronda and to contract with Ronda if the Board wishes to do that. Mr. Triplett stated if the Board wishes to proceed all that will be needed is a motion to authorize him to give notice to Arlington pursuant to their contract of termination effective July 5, 2010.
Vice Chairman Keith Elmore asked if the Board should hold a Public Hearing on this. Mr. Triplett stated the Board can do that but it is not legally required. Vice Chairman Elmore asked if the tax rates will change. Mr. Triplett stated they will not. He stated this will not change the fire tax district or the fire tax rate. He stated this will just change the fire department that services the area. Vice Chairman Elmore stated the Board might want to have a Public Hearing and let people come and speak. Mr. Triplett stated there is no legal requirement under the contract or the law to do that and the Board can give notice of termination if they wish to do so but it is entirely up to the Board if they want to hold a Public Hearing.
Chairman Zach Henderson stated the Board has discussed this on one or two occasions. Commissioner Charlie Sink stated this is just a handful of people and a few thousand dollars in tax revenue. Mr. Triplett stated it is about $5,000. Commissioner Sink stated this will be the same or better service.
Commissioner Charlie Sink made a motion to send notice to the Arlington Fire Department of cancellation of their contract with Wilkes County. The motion was seconded by Commissioner Luther Parks and unanimously approved.
Mr. Triplett stated the next step to proceed with Ronda and he will be doing that in the coming months, is talking to Ronda about the transition from Arlington to Ronda. He stated at some point he will come back to the Board with an amendment to Ronda’s contract.
DEED RESTRICTION - County Attorney Tony Triplett stated the County at one time owned property on Highway 268 in North Wilkesboro near where Gardner Glass is now. He stated that is where the County Home was for many years. He stated when that was no longer utilized that property was gradually sold off a little at a time. He stated in 1958 one acre of that property was conveyed to the Wilkes Jaycees by the Wilkes County Commissioners with certain deed restrictions, fifty-one years ago. Mr. Triplett stated at that time the deed restrictions that were placed in the deed required that the property be used for the erection and maintenance of a clubhouse for the Jaycees. He stated the Jaycees had their clubhouse on that property for many years. He stated in December of 2008 the Wilkes Jaycees conveyed that property to United Way of Wilkes because they no longer used that clubhouse. He stated United Way of Wilkes wishes to sell that property themselves. He stated he was first contacted about this matter by Lynn Brooks. He stated Mr. Brooks is handling a real estate transaction where United Way of Wilkes desires to sell the property to Mike Freeland. Mr. Triplett stated the proposed closing for this property ran into an obstacle when this restriction was discovered. He stated the property according to the deed can only be used for a clubhouse so United Way and Mr. Freeland have requested that deed restriction be lifted. He stated if the Board wishes to do this they need to authorize the execution of a non-warranty deed. He stated this would be a non-warranty deed from the County to United Way. He stated the purpose of the non-warranty deed is simply to release those restrictions on that property. He stated if the Board does that the sale by United Way to Mr. Freeland can proceed. Mr. Triplett stated he does not see any purpose being served any longer by that restriction remaining on that property. He stated there probably is a question as to the enforceability of that restriction be that as it may it is on the public record and they have requested that restriction be lifted. Mr. Triplett stated he has prepared a non-warranty deed for the Board’s consideration. He stated the title insurance company that is handling this transaction requested one additional sentence be added in that deed. He stated he has added at the end of the legal description “It is the intent of the grantor that the restrictions shall no longer be enforceable so that title to the above described property shall henceforth be free and clear thereof”. He stated that statement does not add a whole lot but the title insurance wants it on there.
Commissioner Luther Parks made a motion to authorize the execution of a non-warranty deed by the County to United Way of Wilkes releasing the restrictions contained in the 1958 deed recorded in Book 332, Page 414 Wilkes County Registry. The motion was seconded by Commissioner Charlie Sink and unanimously approved.
AIRPORT – PROFESSIONAL FLIGHT SOLUTIONS – HANGAR LEASE - County Attorney Tony Triplett stated the County has a hangar that is owned by the County that at one time was leased by J. R. Vannoy & Sons. He stated they leased this hangar a number of years ago before they built their own hangar. He stated when they built their hangar and moved into it, this one became vacant. He stated it has been housing airplanes on an informal basis but a gentleman has stepped forward and requested that the Airport Board and the County enter into a lease allowing him to lease this hangar and place his plane and other planes in it. He stated the gentleman is David Wingler and he is or was affiliated with Lowe’s Companies as a pilot. He stated Mr. Wingler has his own plane and has a Limited Liability Company called Professional Flight Solutions, LLC which is the name in which this will be conducted. Mr. Triplett stated Mr. Wingler has asked to lease the County’s hangar under pretty much the same provisions the County did for Billy McElwee about a year ago and the same provisions for Robert Wislick a few months ago. He stated both of those leases were set up for five two year increments of ten years total. He stated the leases renew every two years and can be terminated at the end of any two year period. He stated the rent for this particular lease is $850 per month which is what the Airport Board felt was fair in consideration of the rent paid for other hangars and the size of those hangars. He stated the Airport Board recommended a rental in this amount and Mr. Wingler is willing to pay this. He stated Mr. Wingler not only has a plane but wants to offer various services at the Airport such as professional flight training, aerial photography, and a leather treatment business for leather interiors in aircraft. He stated the Airport Board has agreed Mr. Wingler can conduct that business in this hangar also. He stated it is all aviation related and all part of the growth of the Airport. Mr. Triplett stated the Airport Board has worked with Mr. Wingler for some period of time and has reached an agreement on the form of the lease and the provisions to be contained in it. He stated this is a two step process. He stated it has to be advertised first so all the Board is being asked to do tonight is advertise this for ten days. He stated the Board would come back and if so agreeable approve this lease at the next meeting.
Commissioner Charlie Sink made a motion to publish notice, pursuant to G.S. 153A-176, 160A-272, and 63-53(3), of the intent of the Board of Commissioners to enter into a Lease Agreement between Wilkes County (as Lessor) and Professional Flight Solutions, LLC (as Lessee), for a hangar building, ground space, parking, and taxi-lane access, the same being located at 254 Corporate Aviation Drive, a more precise legal description of which is to be set forth in a survey obtained by the County, consisting of approximately 21,648 square feet of ground space and approximately 4,259 square feet of hangar space, under terms and conditions as set forth in the proposed Lease and Operations Agreement presented at today’s meeting, with the County Attorney to present a Resolution for final approval of the Lease and Operations Agreement at the next meeting of the Board of Commissioners. The motion was seconded by Commissioner Gary Blevins and unanimously approved.
AIRPORT – BILLY MCELWEE– HANGAR LEASE AMENDMENT - County Attorney Tony Triplett stated the County entered into a lease with Billy McElwee and his wife, Karen McElwee last year. He stated when the matter came up on the Lease Agreement for David Wingler the Airport Board wanted to modify some of the language about the purpose the property can be used for to make it very clear it has to be used for aviation related purposes and in such a manner as to optimize revenue for Airport operations through lease revenues, fuel purchases, ancillary services, etc. He stated they talked about this, discussed it and decided on some language that was acceptable to the Airport Board at their last meeting. He stated Mr. McElwee is a member of the Airport Board as well as having a lease there and he said as a part of that meeting he felt if the County is going to change the language they have been using, which was in his lease a year ago, it should be changed for him too and subject him to the same restrictions as Mr. Wingler. He stated Mr. McElwee made that suggestion and even made the motion at the Airport Board that his own lease be amended to reflect that more restrictive language so it mirrors Mr. Wingler’s lease. Mr. Triplett stated the amendment before the Board tonight is for that purpose. He stated it changes Mr. McElwee’s lease so the wording is exactly like David Wingler’s lease on the purpose he has to put it to. He stated the procedure is exactly the same. He stated there has to be a motion to publish notice for ten days and he will bring it back at the next meeting and the Board can approve the amendment at that time if they want to.
Vice Chairman Keith Elmore asked what Mr. McElwee pays for the hangar right now. Mr. Triplett stated he is paying $1,000 per month. He stated Mr. McElwee’s hangar is a little bigger than Mr. Wingler’s. Vice Chairman Elmore asked if that amount changes. Mr. Triplett stated it does not.
Commissioner Luther Parks asked if Mr. McElwee’s is a two year agreement also. Mr. Triplett stated it is the same two year terms and that does not change. He stated Mr. McElwee is one year into his first two year term and that would not change.
Commissioner Gary Blevins stated he does not understand why the County needs to go through this process and the expense of changing the lease when Mr. McElwee already has an existing lease that everybody is comfortable with. He stated he could understand modifying Mr. McElwee’s lease to bring it up to the standard we are using when his lease comes up for renewal. He stated he does not mind doing this but does not see the purpose in doing it. Mr. Triplett stated Mr. McElwee made the motion at the Airport Board meeting. He stated it was not on their agenda but he made the motion probably so everyone would feel like he is subjecting himself to the same restrictions. He stated the Airport Board voted to recommend this to the Board of Commissioners but that is up to the Board.
Commissioner Charlie Sink stated the extra services in Mr. Wingler’s lease need to be left out of Mr. McElwee’s lease. Mr. Triplett stated that is correct. He stated Mr. McElwee is not offering any of those services. He stated Mr. McElwee made a motion that his own lease be subject to the same restrictions and that is how this came before the Board.
Commissioner Blevins stated he is fine with whatever the Board wants to do but he just questions the need to do this in the middle of a lease the County has already entered into. He stated he can understand and appreciate Mr. McElwee’s concern being on the Airport Board but he does not see the conflict and the need for this but if the Board wants to amend it he is fine with it but it seems unnecessary.
Commissioner Charlie Sink made a motion to publish notice, pursuant to G.S. 153A-176, 160A-272, and 63-53(3), of the intent of the Board of Commissioners to enter into an Amendment to Lease Agreement between Wilkes County (as Lessor) and William H. McElwee, III and Karen I. McElwee, jointly and severally (as Lessees), as presented at today’s meeting, with the County Attorney to present a Resolution for final approval of the Amendment to Lease Agreement at the next meeting of the Board of Commissioners. The motion was seconded by Commissioner Luther Parks and unanimously approved.
2009/2010 WILKES COUNTY BUDGET - Chairman Zach Henderson stated earlier this evening the Board held a Public Hearing concerning the proposed 2009/2010 Wilkes County Budget. He stated there was no comment from the public.
Commissioner Charlie Sink stated he is ready to move ahead. He stated folks have done a good job on the budget.
Vice Chairman Keith Elmore stated the Sheriff has brought up some points about the State pushing responsibilities back to the County for about $200,000. He asked if that has been taken into consideration and if that does happen what can be done. County Manager John Yates stated the Board will just have to look at that when it happens. He stated money was budgeted for a jail payment so there is some money there if the Board chooses not to go on with the jail or how that is addressed. He stated the Board has cut quite a bit so there is not a lot more to cut. He stated he would probably have to look at Fund Balance appropriation. Mr. Yates stated Commissioners have expressed concerns with the Fund Balance and he does not want to go there. He stated he would have to look at things really hard.
Commissioner Luther Parks made a motion to adopt the 2009/2010 Wilkes County Budget. The motion was seconded by Commissioner Charlie Sink.
Vice Chairman Elmore stated the Board appropriated about $600,000 for the Economic Development Commission. He stated that was listed by line item and he wants to make it clear the County is not obligated to distribute that money because there are not incentive agreements yet. Mr. Yates stated he and Mr. Triplett had this discussion today. He stated they will be bringing some incentive agreements to the Board. Mr. Triplett stated those will be discussed in Closed Session at the next meeting and perhaps Public Hearings as early as the first meeting in July. He stated having the commitments as a line item in the budget is no obligation to the Board at all. He stated the budget is for them in the event they are adopted but only if the contract is actually approved does it become an obligation.
Voting on the motion: Ayes - Unanimous
TAX DEPARTMENT - Tax Administrator Alex Hamilton requested approval of releases on some Land Use Deferment Bills that were sent out with incorrect amounts on them. He stated this happened last week. Mr. Hamilton stated they mistakenly used an incorrect formula to calculate the bills. He stated they have already had some people paying so they want to get the money back to them as soon as possible.
Commissioner Charlie Sink made a motion to approve the releases. The motion was seconded by Commissioner Luther Parks and unanimously approved.
COMMUNITY DEVELOPMENT BLOCK GRANT - Paul Robinson, Grants Administrator, advised the State of North Carolina has made funds available under the Recovery Act to towns and counties in North Carolina. He stated they have fast-tracked this to the extent that if the County participates an application has to be in by June 12th which is less than two weeks. He stated the activities that can be applied for under the Recovery money is housing, infrastructure, and special projects. He stated the Board is most familiar with the housing part and infrastructure; however, under this particular one the County has an opportunity they have never had before on special projects such as recreational centers and community centers. He stated for the past 20+ years the Lincoln Heights community has approached the County about getting money to make repairs on their Community Center under the Recreation Corporation they are a part of. Mr. Robinson stated the County has not been able to do that because the State did not make that a priority. He stated he knew if they applied it was going to get turned down; however, under this Recovery Act it is a sure fact that some under a competition will receive funds to make those types of repairs to community centers. Mr. Robinson stated there are some of the Board member here tonight from the Lincoln Heights Recreation Corporation. He stated he has spoken with them about this possible application. He stated primarily what he has to do tonight is get permission from the Board to file an application in Raleigh. He stated there is not a lot of detail he can give the Board at this point because this is fast-tracked. He stated it is not a detailed type situation but a lot of things have to be worked out later. He stated it pretty much works the same way as any CDBG project works with the same regulations and the same rules and laws he deals with. Mr. Robinson stated he is here tonight to get permission to file an application on their behalf for CDBG funds to be used for the Community Center.
Chairman Zach Henderson asked if some of the projects will in all likelihood be approved but not necessarily this one. Mr. Robinson stated this is the only real competitive one they have. Chairman Henderson stated if we do not apply we do not have a chance. Mr. Robinson stated we have to apply to be considered.
Commissioner Charlie Sink asked what kind of money they can get. Mr. Robinson stated for this category there is $1.2 million for special projects which is community centers. He stated altogether the Recovery money is $12,080,000 under CDBG. He stated that does not count housing and infrastructure they have under other categories. He advised the State CDBG program has a little over $12 million for the whole State. Mr. Robinson stated in major cities in Mecklenburg, Forsyth, High Point, and Asheville have their own pot of money which is a lot more to use under the Recovery Act for housing programs. He stated this is just under the State program.
Commissioner Luther Parks stated this will be good and the County certainly needs to apply. He stated this will be good for this community and for the County too,
Commissioner Charlie Sink made a motion to approve the application as presented. The motion was seconded by Commissioner Gary Blevins and unanimously approved.
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 6:10 P. M.
Alene E. Faw, Clerk Zach Henderson, Chairman
WILKES COUNTY BOARD OF COMMISSIONERS
Approved:
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