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MINUTES

WILKES COUNTY BOARD OF COMMISSIONERS

SEPTEMBER 15, 2009

PUBLIC COMMENTS - KENNETH MCBRIDE - Mr. McBride stated he purchased a piece of land in Roaring River in 2004. He stated in 2005 a piece of property was purchased next to him. He stated the gentleman moved a black and white dog and a doghouse on that piece of property and a year later he moved onto it with three pit bulls and a key hound. He stated so far as he knows that is all the dogs he has now. Mr. McBride stated at 3:30 in the morning and 4:30 in the morning their dogs wake him up and he is almost sixty and is too old not to get any sleep. He stated he would like to get some sleep. Mr. McBride stated this is a mess. He stated he has talked to the gentleman and the only thing he has done is give him profanity and he cannot get anywhere. He stated he has gone to the Sheriff’s Department and they are too short handed and by the time they get there the dogs are back to sleep and he is still awake. He stated recently he went to Raleigh and they told him to come to see the Board of Commissioners. He stated he cannot get anything done. Mr. McBride stated he is a good neighbor and does not play loud music and he does not expect somebody to wake him up at 2:30 in the morning. He stated the mailman will not stop there. He stated he will stop and put the mail in the mailbox but will not go to the house because of the dogs. He stated there is a man that goes by on a bicycle about 9:30 every morning and he moves to the other side of the road to go by because of the dogs. He stated the man does not feel safe and he does not either. Mr. McBride stated the meter man will not take the meter reading. He stated he estimates that and will not go in. He stated there are kids walking around the neighborhood and it is not safe. He stated he does not trust the three pit bulls or any of the dogs. He stated there is a key hound tied outside in a doghouse on one side of the house and there are three pit bulls and the black and white dog in a fenced in area in front of his house. He stated he does not know if he has any other dogs but he does not feel safe.

Chairman Zach Henderson asked if the dogs are able to run at large or are they fenced in so they cannot run at large. Mr. McBride stated the key hound is tied outside and he does not know if he lets him loose and that is the same thing with the rest of the dogs. He stated there is a fenced in area in the front of his house and he does not know if he lets them loose. He stated he has not seen them loose recently but he told them what he would do to them if he found them in his yard and he will. He stated he does not know if they are loose when he is not at home or during the night when he is asleep. Mr. McBride stated he needs something done and ask if the Commissioners will do something. He stated he lives there with his wife and he does not feel she nor the people in the neighborhood are safe. He stated there is a diverse group of people there and they are the only two white people there. He stated there are three African-American families behind him. He stated the right of way that separates the property from his neighbors goes to those houses. He stated they do not want to say anything about his dogs and they probably cannot hear them anyway and he is the only one. 

Chairman Henderson stated the Board will be happy to take Mr. McBride’s comments into consideration and see what can, if anything, be done. He thanked Mr. McBride for coming before the Commissioners this evening and stated they will help him if they can. 

The Wilkes County Board of Commissioners met on Tuesday, September 15, 2009 at 7:00 P. M. with the following members present: Chairman Zach Henderson, Vice Chairman Keith Elmore, Commissioner Gary Blevins, Commissioner Luther Parks, and Commissioner Charlie Sink. 

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

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

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

MINUTES - Motion was made by Commissioner Charlie Sink, seconded by Vice Chairman Keith Elmore and unanimously adopted to approve the Minutes of the Board Meeting held on September 1, 2009.

BUDGET AMENDMENTS & BUDGET TRANSFERS - Commissioner Luther Parks asked on Budget Transfer No. 3 on the maintenance agreement that is coming off if something gives trouble later on, will the County have to pay for it. 

County Manager John Yates advised the State is picking up the cost of the maintenance agreement.

Commissioner Charlie Sink made a motion to approve Budget Amendment No. 9 (Health-General) and Budget Transfer No. 3 (Elections). The motion was seconded by Commissioner Luther Parks and unanimously approved.

ROAD PETITION - Motion was made by Commissioner Luther Parks seconded by Commissioner Charlie Sink and unanimously adopted to approve the following road petition:

                        Key Ridge Road

                        REQUEST:     Addition to State System

SHERIFF’S DEPARTMENT – ACCEPTANCE OF GRANT - Major Greg Minton asked the Board of Commissioners to accept a mini-grant from BGA in the amount of $18,094 with no match. He stated the grant will be used to upgrade FLIR capabilities for infrared for the Sheriff’s Office for a handheld and a modem unit as well. He stated two units will eat up all of that.

Chairman Zach Henderson asked if that means they can be in somebody’s parking lot and look and see if there are warm bodies in a residence. Major Minton stated it is more sensitive than standard night vision and it functions off of heat

Commissioner Luther Parks asked about the distance. Major Minton stated it depends. He stated it can be set for infinite but to capture it on video you have to be within 2,000 meters. He stated that is the mobile unit and he does not know about the handheld unit. 

Commissioner Charlie Sink stated this is impressive equipment.

Commissioner Luther Parks made a motion to accept the grant. The motion was seconded by Commissioner Gary Blevins and unanimously approved.

COUNTY PROPERTY – OFFER TO PURCHASE - County Attorney Tony Triplett stated at the last meeting the Board heard details of the offer to purchase property and authorized it to be advertised. He stated this is a small piece of land, 0.04 acres, in Edwards Township located adjoining Roaring River United Methodist Church. Mr. Triplett stated they have made an offer to acquire this property for basically its tax value, $1,300, plus the cost of recording in the Register of Deeds Office, deed preparation, and publication costs so all the County’s expenses are covered plus $1,300. He stated this property was acquired in a tax foreclosure in 2002 and the County has less than that in it so this will reimburse the County and pay all costs as well. Mr. Triplett stated the required procedure is to advertise for ten days and if there is an upset bid it is advertised again and on and on but there were no upset bids. He stated this appeared in the paper and there were no upset bids and the time expired yesterday at 5:00 P. M. He stated the Board will need to decide if they wish to formally accept this offer. He stated the only thing required is to approve a resolution. He stated approving the resolution will effectively approve purchase of the property by Roaring River Methodist Church.

Commissioner Charlie Sink made a motion to approve the Resolution Authorizing Sale of Real Property. The motion was seconded by Commissioner Luther Parks and unanimously approved. 

RESOLUTION

AUTHORIZING SALE

OF REAL PROPERTY

 

WHEREAS, the Wilkes County Board of Commissioners at its regular meeting of September 1, 2009, authorized advertisement for sale of 0.04 acres located in Edwards Township, Wilkes County, North Carolina, being Lot #1 in Block #1, as shown in C.H. Greenwood’s Development Map and recorded in Book #90 Page 508, Wilkes County Registry, and being identified on the records of the Wilkes County Tax Mapping office as PIN #4809-79-5677, by negotiated offer, advertisement, and upset bid, pursuant to G.S. §160A-269;

AND WHEREAS, the initial offer received by Wilkes County (hereinafter the “County”) was $1,300.00, plus the cost of publication for the required public notice, the cost of preparation of a Deed, and the recording cost for said Deed, and was received from Roaring River United Methodist Church of Roaring River, North Carolina;

AND WHEREAS, no upset bid has been received, and the time has expired in which an upset bid may be submitted;

AND WHEREAS, the Wilkes County Board of Commissioners desires to accept said bid of $1,300.00, plus the cost of publication for the required public notice, the cost of preparation of a Deed, and the recording cost for said Deed, by Roaring River United Methodist Church, and to authorize sale of the property pursuant to said bid;

            NOW, THEREFORE, BE IT RESOLVED, pursuant to G.S. §160A-269, that the bid of $1,300.00, plus the cost of publication for the required public notice, the cost of preparation of a Deed, and the recording cost for said Deed, by Roaring River United Methodist Church of Roaring River, Wilkes County, North Carolina, is hereby approved, and upon payment of said purchase price, a Special Warranty Deed shall be executed by the County and conveyed to Roaring River United Methodist Church for the above referenced property.

            This the 15th day of September. 2009.

                                                                              WILKES COUNTY

                                                                              /s/ Zach Henderson, Chairman

                                                                              Wilkes County Board of Commissioners

ATTEST:

/s/ Alene Faw, Clerk                         

LIBRARY BOARD OF TRUSTEES APPOINTMENTS - County Manager John Yates stated he received a letter from Beverly Cook, Chairman of the Library Board of Trustees, recommending the reappointments of Ms. Elizabeth Forester of North Wilkesboro and Ms. Karen Clifton of North Wilkesboro to the local Board of Trustees. He stated each would serve another four year term beginning August 2009 and ending August 2013. 

Commissioner Gary Blevins made a motion to approve the reappointments for additional four year terms. The motion was seconded by Vice Chairman Keith Elmore and unanimously approved.

SOLID WASTE DEPARTMENT - County Manager John Yates advised there are now recycling bins for glass at all of the Convenience Centers and at the Landfill. He stated the glass machine is up and running and they are taking household glass now at the centers. Mr. Yates stated the Landfill will be grinding the glass and reusing it for gravel. He stated the Landfill spends about $30,000 per year for gravel. He stated they will not have enough glass to not buy any gravel but that is what they will be using the glass for. 

VISITORS CENTER - County Manager John Yates asked the Board to adopt a Resolution requesting funding for the Visitors Center.

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

RESOLUTION

            We, the Wilkes County Board of Commissioners request an appropriation of $100,000 from the Special Contingency Fund of the North Carolina General Assembly for operations of the Visitors Center located in Wilkes County

            IN WITNESS WHEREOF, I hereunto set my hand this 15th day of September, 2009.

                                                        WILKES COUNTY BOARD OF COMMISSIONERS

                                                        /s/ Zach Henderson, Chairman

ATTEST:

/s/ Alene E. Faw, County Clerk

USED TIRES - County Manager John Yates stated there are quite a few used tires at the County Garage. He stated the Purchasing Agent is recommending auctioning the tires on govdeals.com. He asked the Board’s permission to do that.

Commissioner Charlie Sink asked if the County can get anything out of used tires. Mr. Yates stated they can. Commissioner Sink asked what kind of quantity this will be. Mr. Yates stated it is at least a couple of hundred tires. 

Commissioner Luther Parks asked if they will be picked up. Mr. Yates stated they will be picked up.

Chairman Zach Henderson asked where the proceeds will be dealt with. Mr. Yates stated that will go to the General Fund.

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

CLOSED SESSION - Commissioner Charlie Sink made a motion to go into Closed Session to consult with the County Attorney to protect the attorney-client privilege; to consult with and give instructions to the County Attorney concerning one or more potential judicial or administrative actions; to consider the qualifications, competence, performance, or conditions of appointment of a public officer or employee or prospective public officer or employee. The motion was seconded by Commissioner Luther Parks and unanimously approved. 

Motion was made by Commissioner Charlie Sink seconded by Commissioner Luther Parks and by unanimous vote adopted to adjourn back into regular session.

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 7:50 P. M.

Alene E. Faw, Clerk                                                                  Zach Henderson, Chairman

WILKES COUNTY BOARD OF COMMISSIONERS

Approved:                              

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