MINUTES

WILKES COUNTY BOARD OF COMMISSIONERS

DECEMBER 15, 2009

PUBLIC COMMENTS - None 

PUBLIC HEARING - MINOR’S PRINTING - ECONOMIC INVESTMENT AGREEMENT - Chairman Zach Henderson declared the Public Hearing open concerning the Minor’s Printing Economic Investment Agreement at 6:45 P. M. on Tuesday, December 15, 2009, with the following members present: Chairman Zach Henderson, Vice Chairman Gary Blevins, Commissioner Keith Elmore, 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. 

County Attorney Tony Triplett stated this Public Hearing is set to consider an Economic Investment Agreement with Minor’s Printing, their more correct legal name is NC Commercial Graphics, LLC. He stated they were formerly known as Minor’s Printing. Mr. Triplett stated the Public Hearing was set to hear comment if any on the proposed Economic Investment Agreement. He stated here tonight is John Cook who is the owner, President, and CEO of Minor’s Printing and available to answer any questions the Board might have. He stated Robin Hamby, Assistant Economic Development Director, is also here if the Board has any questions. Mr. Triplett stated the agreement calls for two payments to Minor’s Printing upon their meeting certain benchmarks they are required to meet. He stated the first benchmark is to relocate their business to the Town of Wilkesboro, which they have been proceeding to do. He stated the County would agree to pay a payment of $2,900 to Minor’s Printing upon execution of the agreement and upon condition they complete their move to the Town of Wilkesboro as they have been doing. He stated the County would make a second payment to Minor’s Printing in the same amount, $2,900, by September 15, 2010 provided Minor’s Printing reaches the benchmarks for capital investment and employment in their business which is an investment of $500,000 in business personal property by January 1, 2010 and twenty employees by September 15, 2010. He stated this is just a standard agreement that the County has been using for Economic Investment Agreements.

There being no further comments regarding the Minor’s Printing Economic Investment Agreement, Chairman Zach Henderson declared the Public Hearing closed at 6:47 P. M.

The Wilkes County Board of Commissioners met on Tuesday, December 15, 2009 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; 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 Keith Elmore and unanimously adopted to approve the Minutes of the Board Meeting held on December 1, 2009.

BUDGET AMENDMENTS & BUDGET TRANSFERS - Commissioner Luther Parks made a motion to approve Budget Amendment No. 23 (Health – Programs/Salaries and MMC & CM) and No. 24 (Health – Immunization), and Budget Transfer No. 9 (Grants Administration). The motion was seconded by Commissioner Keith
Elmore and unanimously approved.

Commissioner Luther Parks asked if an immunization for anyone is a problem. County Manager John Yates stated the Health Department has H1N1 vaccine available and anyone can call and make an appointment. He stated he went to their clinic on Saturday and they did a real good job. He stated there will be another clinic this Saturday. 

MINOR’S PRINTING – ECONOMIC INVESTMENT AGREEMENT - County Attorney Tony Triplett stated the Economic Investment Agreement with Minor’s Printing is before the Board for their consideration and action. He stated a Public Hearing has been held.

Chairman Zach Henderson stated the Board has talked about this before. He stated this is a standard agreement that has been used for other businesses from time to time.

Commissioner Charlie Sink made a motion to approve the Economic Investment Agreement with NC Commercial Graphics LLC formerly known as Minor’s Printing as presented at tonight’s meeting. The motion was seconded by Vice Chairman Gary Blevins and unanimously approved.

Mr. Triplett thanked John Cook with Minor’s Printing, Economic Development Director Don Alexander, and Assistant Economic Development Director Robin Hamby for all their work. He stated the County looks forward to having Minor’s Printing here. 

Mr. Cook thanked the Board for their support.   Chairman Henderson wished them good luck.

SHERIFF’S DEPARTMENT – 911 BACK UP PLAN - Major Greg Minton stated the Sheriff’s Department is asking the Board of Commissioners to approve expenditure of some of the 911 Fund Balance. He stated there is no backup system in the Communications Center for 911 calls. He stated if the infrastructure goes down they lose the ability to handle and process 911 calls and the trunking that is related with that with the new addressing scheme they are moving forward with. Major Minton stated they have been in contact with Ashe County and they are in need of certain things and Wilkes County is in need of certain things. He stated this is a partnership they are proposing between the two governments. He stated Wilkes County will locate a backup server at Ashe County’s new Law Enforcement Center. He stated they have oversized it to the point a lot of our infrastructure can be put in there. He stated they want to do this in case something was to happen to Wilkes County’s system. Major Minton stated several parts are involved in the process to get this data. He stated the information will be backed up daily in Ashe County. He stated it is a separate network that will serve as a backup. He stated it runs in parallel with the existing system and carries the existing database and a dump will be made every day. He stated if something were to happen here with the infrastucture within Wilkes County all they would need to do is Phase 2 which is the mesh unit that was transferred to their department. Major Minton stated they are in the process of equipping it to a satellite earth station. He stated they can pull that out, turn it on and hit Ashe County’s server. He stated this will be Wilkes County’s server located in Ashe County. He stated they can handle anything that happens in the County remotely no matter where they are. He stated they can also take it outside of the County if they need to and answer 911 calls just like they were sitting in the Communications Center. He stated with VoIP and radio control over internet protocols and the current state they are in, it makes this technology feasible. Major Minton stated they needed a backup and the expenditure of the 911 funds has only been done in one county prior to use, Burke County. He stated they were a test and the technology was proven and the 911 Board signed off on this as an allowable expenditure under the system so they are trying to place this advanced technology within our own infrastructure.

Commissioner Charlie Sink asked if the reason for locating in Ashe is the distance. Major Minton stated they wanted away from the County’s network. He stated Ashe is on a separate system and their connectivity is separate from Wilkes. He stated they use Skybest. He stated that server has two phases of redundancy.  He stated they can go in by hard line which is an internet line and is a recurring fee that will come out of 911 funds, or worst case scenario they can satellite into it. He stated there will be a receiver on top of that building they can go into. Major Minton stated this is a true redundant system to Wilkes County.

Commissioner Sink asked what the shelf life is. Major Minton stated this is a Patriot server. He stated Plant CML is the manufacturer. He stated the County has used their MARS product since 1993 and it was replaced two years ago. He stated the shelf life is pretty hardy. He stated this is the latest and greatest. He stated this is the first system designed as a VoIP system. He stated MARS did not have the internet protocol and was all hard lines. Major Minton stated the Plant CML product is the latest and greatest. He stated is a very good system. He stated they have tested a couple of laptops that were purchased with the existing system here and they work flawlessly. He stated this is just one more link within the technology they are trying to build out here in Wilkes County to make the 911 system very resolute. 

Chairman Zach Henderson stated Major Minton said the old system was hard line and asked if this is not. Major Minton stated this system is ethereal. He stated as long as they have connectivity by hard line or satellite it can handle it. He stated the only thing that matters within the system itself is the trunk numbers and those are dependent on the phone system. He stated if there is a weak link in the whole system it will be the phone company because it has to have phone connectivity. He stated that is why they wanted to move this away from the existing Century Link system here in case something happens here there is redundancy outside the network.

Commissioner Sink stated since this is established through the 911 funds this is a mechanism they can fund. Major Minton stated the whole project is allowable under current 911 funding. Commissioner Sink stated as technology rapidly changes will they be able to go back in and update. Major Minton stated they will. He stated this is an opt out for rural counties that do not have broadband support. He stated Burke County was the first county to do this and they monitored Burke County’s progress very closely. He stated when they presented this to the 911 Board last July it was a demo and they had demo authorization to expend funding. He stated everyone loved this. He stated they sat down in Charlotte and handled Burke County’s 911 calls. He stated that is where the earth station was located at that time. He stated that was amazing to the 911 Board itself because technology had progressed to that point. 

Commissioner Keith Elmore asked if there will be people in Ashe County that will maintain the system. Major Minton stated they will maintain the power and the infrastructure of the room it is placed in. He stated Wilkes County will have 24/7 support for five years factored into this also allowable under the 911 funds. Commissioner Elmore asked if there have to be people there physically. Major Minton stated in case something were to happen it is an automatic polling. He stated it is like the current system which is so smart he will get buzzed in the middle of the night if there is a problem and right after that somebody from California will tell him it has been handled. He stated that is their call center monitoring. He stated if there is a problem they know it before he does. Major Minton stated they want the system to be redundant in case one element was to fail here at this location, they will have an avenue to dial in to Ashe and have continued essential operations. 

Vice Chairman Gary Blevins asked who backs up Ashe County’s system. Major Minton stated that will be Plant CML as well. He stated they are a wireless communications subcontractor and they are going to have a Patriot system. He stated total cost for the partnership is $192,000. He stated Ashe County applied but did not receive a grant for their own Patriot server. He stated they will be working off of Wilkes County’s. Major Minton stated he questioned if the Patriot server can handle both Wilkes and Ashe County if something were to happen and they assured him they can handle twice as many calls as Wilkes County and Ashe County are currently generating without any issues. He stated they will be using Wilkes County’s server as their primary and Wilkes County feeds off of it because the Communications Center backs up their data within that server and both can be using it if worse comes to worse. Major Minton stated the total projected cost is about $287,000 including the satellite relay they are going to put on the mesh unit. He stated the satellite system will run about $80,000 without installation. He stated there will be redundancy on this to the point to where if they do not have access to the mesh unit as long as he has connectivity he can remote into the server. He stated once again there are so many levels of redundancy built into this that it is very safe and very secure. Major Minton stated they did not enter into this lightly. He stated they made sure that Burke County’s pilot project was well received. He stated they use it as an event server. He stated they presented this at the National Conference in Texas this past year because nobody else is using this. He stated specifically this has been designed for rural applications where there is very little broadband connectivity. 

Vice Chairman Blevins asked if they are going to wait until after the 911 system is revamped to institute this system or do they integrate. Major Minton stated they integrate flawlessly.   He stated Ashe County’s grant has been put in pending status so they are moving ahead. He stated while they are moving ahead they are going to be tracking off of the back of Wilkes County. He stated they want their own server eventually because they want to do their own things. He stated under this agreement Wilkes County is primary on the server in case something were to happen since Wilkes County is paying for it and also because it is being used as our backup. He stated Wilkes County is allowing them to use the server for their day to day operations. Vice Chairman Blevins stated several of the Commissioners have been in the room where that server is going to be.

Commissioner Elmore asked if all the yearly maintenance fees, licenses, etc. can be taken out of 911. Major Minton stated everything is 100% funded on the project otherwise he would not be bringing it to the Board. 

Vice Chairman Blevins stated the project for the 911 project came in significantly less than what they thought is was going to be. He asked with this project what will be left in terms of funding. Major Minton stated they have between $900,000 and $1 million.

Commissioner Luther Parks stated he noticed there is a one year service warranty. Major Minton stated one year is covered under the original manufacturers warranty and years two through five are factored into the five year maintenance agreement.  

County Attorney Tony Triplett stated this proposal includes a Sales Agreement with Wireless Communications, a Maintenance Agreement with Wireless Communications, and a 911 Resource Sharing Agreement with Ashe County.

Commissioner Elmore asked in the past how many times has the backup system been used. Major Minton stated the County has not had a backup system. He stated the system has gone down and there has never been a backup system in place for the 911 center. Commissioner Charlie Sink stated there is a haphazard dispatch through North Wilkesboro. Major Minton stated there are several elements that can drop 911 calls. He stated one is connectivity where they lose telephone lines. He stated the second is the radio back haul. He stated the radio back haul seems to have a problem. Major Minton stated they are addressing the microwave relay.   He stated on top of this building is a direct microwave to the tower site on Treadway Mountain and that has dropped all too often. He stated the main radio back haul was originally designed in 1993 and implemented shortly thereafter. He stated the microwave is failing. Major Minton stated the radio site is another matter all together. He stated they are trying to use existing fund balance within the Comm Center to address that. He stated the front side which is stuff they can actually justify with 911 funding, they have just now started replacing it within the last two to three years. He stated the MARS server was replaced with the Patriot, Plant CML version, and once again it is hard line. Major Minton stated they want to add an additional element just in case something were to go down where they could go off site and be able to hit the servers. He stated satellite connectivity is the only reliable way they have to be able to do that currently in this County. He stated it could be done cheaper if the County had broadband wireless support high speed specifically but we do not. 

Commissioner Elmore asked if the fire departments will benefit from this also. Major Minton stated Comm Center is a hub. He stated in the readdressing schematic they have to identify the emergency zones or emergency service areas. He stated when a 911 call comes in this will eliminate confusion because that area is already pre-defined within the server itself so they know exactly what fire department to tone out, what ambulance and which is the closest ambulance to tone out, and there is no confusion. Major Minton stated he wants zero confusion when a 911 call comes in. He stated it should not be a pick list or anything else. He stated it should come up with an XY coordinate where the caller is. Major Minton stated they can do that with this technology with the new readdressing system because all of the zones are locked in. He stated it will just take time and a lot of manpower.

Chairman Zach Henderson asked assuming the Board moves forward with this tonight how long it will take to put this in place. Major Minton stated the readdressing should be done in June. He stated they are having a kickoff meeting January 7^th. He stated they are already starting to do a lot of the digital layers. He stated they will save the task work till January 7^th. He stated after that Plant CML will be working on the server relocation up in Ashe with them. He stated as soon as the server gets connected the Comm Center will be doing dumps to it automatically. Major Minton stated all he wants so far as the agreement with Ashe is the ability to give information to that server on a daily basis. 

Vice Chairman Gary Blevins stated in light of the fact the County does not have a backup system, 911 funds are available, and this has been researched thoroughly by the Sheriff’s Department he would like to make a motion to approve a Sales Agreement with Wireless Communications, a Maintenance Agreement with Wireless Communications, and a 911 Resource Sharing Agreement with Ashe County. The motion was seconded by Commissioner Luther Parks and unanimously approved. 

JAIL PLANS - Chairman Zach Henderson stated the Board met a few weeks ago and asked Neil Shepherd with Blue Ridge Engineering to gather some data for the Board and be able to present some numbers on a modified jail plan. 

Mr. Shepherd stated since the last meeting he asked all of the original design team members to come together for a meeting to discuss what had been proposed at the last meeting. He stated they sat down and went around the table and tried to identify if there were any problems with building what was proposed. He stated there were no problems identified. He stated at that time he asked each of the original design team members to submit a proposal to revise the plans as was proposed. Mr. Shepherd stated there is a memo before the Board that has each of those proposals line itemed out. He stated the total plan revision cost will be $427,521. He stated that would get to the point where the County would have construction plans again to build what was identified last time as Alternate C. Mr. Shepherd stated obviously there is a lot of work to do between now and then. He stated he would be working with the Sheriff’s Department to identify what changes need to be made operationally to go from a larger administrative space to a smaller administrative space and the mechanical aspects of more or less cutting the building in half. He stated these are things that need to be corrected and that is the design cost. Mr. Shepherd stated the project budget, and he has heard some feedback since then on what the overall total budget would be for the project, is line itemed out. He stated expenses to date have been $1.6 million and the proposed construction cost identified last time was $13.9 million for a total of $15.5 million. He stated that would be the amount to be financed. Mr. Shepherd stated he heard loud and clear the Commissioners wanted that to include the telephones, furniture, and everything that goes into the project. He stated he has shown that as being included in the $13.9 million budget for the new project. 

Chairman Henderson stated the Board asked Mr. Shepherd to do the necessary work to adjust the existing plans and that is where that expense comes in at. He stated Mr. Shepherd will use the plans the County has paid for as a basis to start from. He stated the money shown in addition to the plan cost is to modify that plan sufficiently so it can be moved on with only building a portion of the plan. Mr. Shepherd stated an example is the permits that are in place now are essentially not valid if the County does not build exactly what has been submitted. He stated they will have to revise the plans and resubmit for all the permits so that cost is included as well.

Commissioner Charlie Sink asked on the concept drawing Mr. Shepherd gave the Board if the red building which is what is being discussed is exactly where it would have been if the County were building the full plan. Mr. Shepherd stated it is exactly in the same position. He stated the idea is in the future the rest of the original project could still be added onto this project. 

Commissioner Luther Parks asked if the mechanical part had to be relocated. Mr. Shepherd stated it did. He stated the power entry to the building was on the far north side in the original design and that portion is not going to be built so that had to be moved somewhere in the new red building. He stated that will have to be redesigned because it will not be moved after it is placed somewhere, it will have to stay. Commissioner Sink stated it will be there for the expansion. Mr. Shepherd stated that is correct.

Commissioner Parks asked what type of roof this calls for. Mr. Shepherd stated the original design and this would also be, is a TPO membrane 60 mill thickness roof. He stated he has heard some comment in the past about the Courthouse roof and he checked to see what that was. He stated it is a rubber membrane roof with a stone ballast. He stated this roof as proposed and was originally proposed is the same type roof. He stated it is not rubber but is plastic, a little bit thicker plastic, and it is on a slightly sloped roof and it slopes to the perimeter of the building as opposed to being sloped to the center of the building with inlets in the center of the building which is the way the Courthouse is. Commissioner Parks asked how long a typical warranty is. Mr. Shepherd stated he would assume the manufacturers warranty is probably ten to twenty years. He stated typically the life is longer than the warranty. 

Vice Chairman Gary Blevins asked if they are downsizing all the mechanical features such as heat. Mr. Shepherd stated they are not because for instance Cell Block 4 has its own heating and ventilation system so it would be exactly the same as was previously designed for that particular unit. Vice Chairman Blevins asked if they are reducing the number. Mr. Shepherd stated they will just be building and incorporating what is necessary for that portion of the building so the total number of units would definitely be less. Vice Chairman Blevins stated the County is building the most expensive half of the facility being the jail portion but that is the part the County really needs at this point and can most afford. He thanked Mr. Shepherd for his help. He stated this is something the County has to do and he is glad the Board has gotten this far and is ready to proceed. 

Chairman Henderson stated as he understands it there are several things the Board needs to do in order to be able to move forward. He stated they are outlined in the document presented to the Board. He stated things that need to be done are:

1. Select Blue Ridge Engineering as the lead designer for the remainder of the project.
2. Commit to plan revision expenses totaling $427,521
3. Issue a change order to Cope & Associates totaling $135,805 which limits Cope’s role in the project only to services performed in house by Cope, subject to supervision by Blue Ridge Engineering.
4. Issue a change order to Blue Ridge Engineering for plan revision fees, totaling $291,716. Blue Ridge Engineering will contract directly with Page Interworks, PSA/Dewberry, and Taylor & Viola for their services for the remainder of the project.
5. Confirm or revise the project budget and authorize Blue Ridge Engineering to manage the preparation of revised plans, revise existing permits, advertise, and receive bids from construction contractors for the work in two phases: (1) site prep, and (2) building construction. 

County Attorney Tony Triplett stated Mr. Shepherd, County Manager John Yates, and he have worked together on this. He stated all of this sounds excellent if the Board wants to proceed. He stated Mr. Shepherd has done a great job in putting this together and laying out the steps that need to be taken. He stated the only thing he would add as a result of their discussions is on items 3 and 4 to authorize he and Mr. Yates to work with Mr. Shepherd and the relevant companies in preparing those change orders and bringing them back to the Board for their approval. He stated obviously they are not ready tonight and they will have to work on them and come back to the Board with finalized documents at a future meeting. He stated those will be in the form of amendments or change orders. Chairman Henderson asked if Mr. Triplett is saying the Board can proceed tonight on Items 1, 2, and 5. Mr. Triplett stated the Board can proceed on all five of them but there will have to be a document to present to the Board. Mr. Yates asked if the Board can approve the items contingent upon Mr. Triplett’s approval or does it have to come back to the Board. Mr. Triplett stated they can do this contingent upon his approval. He stated he will have to develop a document which is a change order or amendment and the Board can authorize him to do that or ask it be brought back to the Board for approval. He stated he has to develop a document. Commissioner Sink stated the document will just state what is before the Board and will quantify that short summary into contracts. Mr. Triplett stated that will be the effect of it but it will be a legal document that is a change order or amendment. He stated he and Mr. Shepherd have already been looking at it. He stated if the Board wants to look at that it is perfectly fine and if not that is fine. 

Chairman Henderson stated if the Board wants to move forward tonight and gives Mr. Triplett the authorization to do that since it is a legal document, he cannot deviate from the plan that has been presented. Mr. Triplett stated that is correct. 

Commissioner Keith Elmore stated his only concern is on the $15.5 million. He asked if there is a chance this can go up. Mr. Shepherd stated there is always a chance. Commissioner Elmore stated the Board got in trouble with this to start with and asked about the price going up. He stated he thinks everybody is comfortable with $15.5 million but if it creeps to $18 million or $19 million that may be trouble. Commissioner Elmore asked if there is a way to be sure that does not happen.

Chairman Henderson asked if there is a way to word the motion to be sure this Board is committing itself to something that will not change. Mr. Shepherd stated what the Board is committing itself to is the plan revision fees. He stated he would then take the project, put it out for bid and come back to the Board with the bids. He stated that would be to the penny what the County is going to spend. He stated on that day he will know to the penny what the number is. He stated he has already discussed with all of the design team members this is designed to this budget and that it is a condition going in that everybody understands this is the budget, this is what is being done, and what they are setting out to design to.

Vice Chairman Blevins stated the construction cost is set at $13 million. He asked if that is an estimate. Mr. Shepherd stated the original estimate brought to the last meeting was $13.9 million and that did not include telephones, furniture, permit fees, and construction administration costs which he heard loud and clear needed to be included in that number. He stated at this point this is a budget and not a detailed construction cost estimate because they do not have any plans to prepare one from. Vice Chairman Blevins stated the number in Item 2 construction cost at this point is a guess and that could vary up to $15 million or down to $11 million. Mr. Shepherd stated that is correct. Chairman Henderson stated they are not giving authorization to do anything other than to move ahead and put this out to bid. Mr. Shepherd stated they are designing a building with the intent the bid will be $13 million. Chairman Henderson stated Mr. Shepherd still has to come back to the Board for approval of the bid. Mr. Shepherd stated it will be presented to the Board for approval just as it was the last time to vote to build the jail or not. Vice Chairman Blevins stated he understands that as he was here the first time it was voted on by the Board but the cost of $13 million could vary. He stated he does not want to be in a situation where that number comes in at $15 million and the total cost is $17.5 million. He stated the Board wants to have some assurance this is not going to get much above $15.5 million. He asked Mr. Shepherd if he feels confident the County will get a bid of $13 million or less for the construction costs. Mr. Shepherd stated he does today but this will not go out to bid for six to twelve months so who knows what the future holds. He stated he developed the $13.9 million budget and shared that with each member of the design team. He stated they discussed that, went over it, and tried to determine if there was anything he missed or was wrong on. Mr. Shepherd stated he asked each person on the design team for their opinion and each independently agreed that was a good estimate. He stated he also talked with another architect totally unrelated to the project that has a lot of jail experience and got the same answer from him as well so he does feel like this is a good budget. Vice Chairman Blevins asked if this includes both site prep and building construction costs. Mr. Shepherd stated that is correct. Vice Chairman Blevins asked the estimated cost of the site prep. Mr. Shepherd stated the site prep estimate is $1.2 million. Vice Chairman Blevins asked if that will be bid out in a separate phase. Mr. Shepherd stated the plan now to help speed up the project is to have a set of plans and bid documents for the grading/site work, put that out to bid, and that work can be in progress while he is waiting on building permits from Raleigh to build the building. Vice Chairman Blevins asked if the site preparation can go on earlier than the six to twelve month window Mr. Shepherd just talked about. Mr. Shepherd stated while he is still waiting on building permits to come back, they can be moving dirt. He stated that will be a summer of 2010 project with starting the building after the site work is completed. Vice Chairman Blevins stated the Board will be looking at another session where they open bids and have the potential to approve the bids in possibly as little as six months or as long as twelve months. Mr. Shepherd stated that is correct on the site prep portion. Vice Chairman Blevins stated he is asking about the building itself. Mr. Shepherd stated the building bid opening is on the schedule for twelve months. 

Commissioner Elmore asked how much office space is included. Mr. Shepherd stated he does not have that number identified but the non-jail cell space is 11,000 square feet which would include mechanical rooms, storage, closets, a warming kitchen, offices, and everything. Commissioner Elmore asked if there is going to be a kitchen. Mr. Shepherd stated it is going to have a warming kitchen which is basically not a kitchen but a place to re-warm food.

Vice Chairman Blevins asked how many beds this will have. Mr. Shepherd stated there will be 256 beds. 

Commissioner Sink stated he understands the timing of the site prep work and the building construction but it looks like this will get a little bit ahead of itself if there are not bids for the building construction to go along with the site prep for the total cost of the project. He asked if the Board is sitting here saying they are ready to move ahead with spending $1.2 million to get the site ready and all of a sudden be faced with committing that money before they have an estimate on the building itself. Mr. Shepherd stated as it is planned now the Board will be faced with that decision. 

County Manager John Yates stated he feels confident in Mr. Shepherd’s work and that this project will be brought in on budget. He stated the problem the Board of Commissioners face is to go ahead and do that. He stated there are underlying reasons for doing that. He stated this will put the project ahead of schedule, bidding this out separate will give more local contractors a chance to bid on this, and the Local Government Commission has agreed to let the County borrow money for the site prep. He stated they will not let the County borrow money for the $1.6 million for the plans.  He stated if he goes ahead and borrows the money it would not be paid out until after July 1^st and that will help on the fund balance. Commissioner Sink stated he has full confidence in them.

Vice Chairman Blevins asked how long the site prep will take once the contract is approved given decent weather. Mr. Shepherd stated it will take about four months.

Commissioner Elmore stated this is looking at a total project of $17.1 million which is construction cost of $15.5 plus $1.2 million for site prep. Mr. Yates stated the total project cost of $15.5 million includes the site prep. He stated the cost is $15.5 million plus the $427,000 for a total project. Commissioner Elmore asked if the site prep is included in the construction cost. Mr. Shepherd stated on the last bid the $22.5 million included the site cost also. Commissioner Elmore asked if this is something the County can afford. Mr. Yates stated in next year’s budget he would like to pay $500,000 toward this project and end up financing $15 million. He stated $15 million will cost around what is budgeted or about $1.3 million or $1.4 million per year. He stated that is the amount that has been set aside to make the original payment. Commissioner Elmore asked if this $1.2 million will shore up the fund balance. Mr. Yates stated the $1.2 million would give the County 2% on the fund balance and the County is owed $600,000 from the North Carolina Department of Aviation and that would give the 3% to get back to 8%.

Vice Chairman Blevins asked what Cope’s role would have been during the construction phase of the project to completion of the project.   He asked how much time and effort they would have put into that. Mr. Shepherd stated in the contract they are the lead designer of record. He stated he discussed with Cope in April and May their contract required them to have an on-site representative during construction for the duration of the period and their intent was to sub-contract that work to Blue Ridge Engineering to provide somebody on site. He stated what they are asking for tonight is to let Blue Ridge do that work anyway and reverse the roles between Cope and Blue Ridge Engineering. He stated they are still on board and will still be the architect for the project but Blue Ridge will be the lead designer versus Cope. Vice Chairman Blevins asked if the original cost of the plans included that service. Mr. Shepherd stated it did not. Vice Chairman Blevins asked if that would have been an additional cost the County would have paid to Cope. Mr. Shepherd stated that was either $460,000 or $480,000. Vice Chairman Blevins stated this will be moving that role to Blue Ridge which probably would have happened anyway. He asked if that is something that has already been paid for that the County did not get from Cope. Mr. Shepherd stated Cope’s total fee was 7% plus some other things. He stated they have billed a portion of the 7% which was 73%. Mr. Triplett stated that is what Items 3 and 4 will accomplish. Vice Chairman Blevins stated he is fine with that as long as it is not paid twice. Mr. Shepherd stated if the Board approves this proposal he will sub-contract with Cope for their services as needed, with Page, with PSA Dewberry, and with Taylor and Viola.

Commissioner Charlie Sink made a motion to approve the following:

1. Select Blue Ridge Engineering as the lead designer for the remainder of the project.
2. Commit to plan revision expenses totaling $427,521
3. Issue a change order to Cope & Associates totaling $135,805 which limits Cope’s role in the project only to services performed in house by Cope, subject to supervision by Blue Ridge Engineering.
4. Issue a change order to Blue Ridge Engineering for plan revision fees, totaling $291,716. Blue Ridge Engineering will contract directly with Page Interworks, PSA/Dewberry, and Taylor & Viola for their services for the remainder of the project.
5. Confirm or revise the project budget and authorize Blue Ridge Engineering to manage the preparation of revised plans, revise existing permits, advertise, and receive bids from construction contractors for the work in two phases: (1) site prep, and (2) building construction; and

to allow County Attorney Tony Triplett, County Manager John Yates, and Neil Shepherd to craft whatever documents are needed to accommodate Item 3 and Item 4. The motion was seconded by Commissioner Luther Parks and unanimously approved.

Mr. Shepherd thanked the Board for their vote of confidence. Commissioner Sink thanked Mr. Shepherd for all of his work on this project. He stated it has opened everyone’s eyes to a lot better understanding of what is going on. 

NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS – LEGISLATIVE LIAISON - County Manager John Yates stated the North Carolina Association of County Commissioners is requesting the Board of Commissioners to appoint a Legislative Liaison for 2009-2010. He stated Vice Chairman Gary Blevins has been meeting with this group. 

Chairman Zach Henderson stated Vice Chairman Blevins has agreed to serve in this appointment if the Board so chooses.

Commissioner Keith Elmore made a motion to appoint Vice Chairman Gary Blevins as the Legislative Liaison for Wilkes County. The motion was seconded by Commissioner Luther Parks and unanimously approved.

AIRPORT – PURCHASE OF PROPERTY -  County Attorney Tony Triplett stated this is a continuation of matters discussed by the Board in many meetings on the Airport and additional steps to continue to take to develop the Airpark. He stated this request is for the consideration of the purchase of an additional four acres of land at the Airport and to finish aligning all of the rights-of-way at the Airport. He stated he sent a memo to the Board along with several documents that will be needed for the closing if the Board chooses to proceed with this. He gave the Board a plat showing the property to be purchased. Mr. Triplett stated this is a tract of 3.934 acres that is adjacent to property the County currently owns. He stated this property is just north of the Johnson and Cox properties previously purchased for expansion of the airpark at the Airport. He stated the purpose for buying the property is actually twofold. He stated eventually as taxiway expansion is affordable and can be pursued, the County will need this land to run the taxiway all the way up the runway on the east side of it. He stated the more immediate purpose is for the taxiway construction that is getting ready to start. Mr. Triplett stated that taxiway construction will not go through this property but there is going to be a lot of cutting and grading and that dirt will have to be moved. He stated that dirt needs to be placed on this parcel of land. He stated it is going to serve the main purpose right now of housing all the dirt that is going to be moved. He stated there will be a sedimentation pond built on the property and dirt will be put on it and stockpiled. He stated that dirt will stay there until additional future taxiway grading takes place so it is necessary both immediately and in the future. Mr. Triplett stated this is the minimum amount of land the County’s engineers have identified the County needs to have right now in order to do all this. He stated the 3.934 acres is the least the County needs to proceed with the current plans at the airpark. He stated he has been in discussions with the property owners for some period of time. He stated the documents about this are before the Board. He stated the purchase price for the property as proposed is $47,208. He stated that is why the County needs the property, what the intended use is, and the terms of the proposed purchase.

Commissioner Keith Elmore asked how far away the County is from having the pad completed for MXR to start their building. Mr. Triplett stated he, County Manager John Yates, and Jack Goff met and discussed that recently. He stated basically the one remaining essential element to proceed after the purchase of the property is the taxiway construction. He stated all the site grading and pad prep has been done. He stated the pad is basically ready for MXR. He stated the County is waiting on one final grant for water and sewer. Mr. Yates stated he talked to the EDA last Friday and the latest they will be making a decision on the last grant will be the last week in January so by January 15^th the County should know something. He stated the Board can award the bid for the taxiway at the first meeting in January. Mr. Triplett stated based on discussions with Jack Goff and Jimmy Luther, the County’s engineer, they gave MXR a target date of June 1^st for completion of the taxiway including site work and paving. Commissioner Elmore asked if the Airport has the money to build the taxiway. Mr. Yates stated the money has been allocated to build the taxiway in the amount of $500,000 by the North Carolina Department of Aviation. Commissioner Elmore asked if the County has that money. Mr. Yates stated the County does not have it in house yet but they have released the money. Commissioner Elmore asked if that will hold the County up or will the Board go ahead on good faith and proceed. Mr. Yates stated the County will have to spend the money and ask for reimbursement. Commissioner Elmore asked where the money being spent will come from. Mr. Yates stated it will come from the General Fund. Commissioner Elmore stated that is dangerously low. Mr. Yates stated it has to be spent to get it back. He stated the County will have to spend the money and submit the reports. Vice Chairman Gary Blevins asked if the County can get that money back in before the end of June. Mr. Yates stated he has to get the money in. Commissioner Elmore asked if MXR can go ahead with construction of their building while the County works out the details on the taxiway so as not to hold them up. Mr. Triplett stated they can but the documents are set up so MXR’s obligation to build the building begins when a trigger date happens on documentation for the installation of water and sewer which in this case is not really an issue because MXR is going to have water and if necessary a septic system.   He stated the grant to put the water and sewer in is not really necessary for MXR so that is not a big issue. He stated they have been working with Duke Energy on getting the power installed and have a commitment from them on when that is going to be done. He stated the final and most important thing is the taxiway. Mr. Triplett stated MXR’s obligation to build the building begins when all three of those are in place. He stated the most important of those and the last of those will be the taxiway. He stated unless and until the County awards a contract for building the taxiway MXR’s obligation to build their building does not start so the County has to actually award a contract for the taxiway to be constructed. He stated in that contract there will be an estimated completion date which is about 120 days from the time the contract is awarded and that is when their clock starts ticking. Vice Chairman Blevins stated the $500,000 is coming from the North Carolina Aviation Administration and asked if they have a history of fulfilling these commitments once they have been made for these types of grants and what is the time frame for receiving that money. Mr. Yates stated once they send the notification of award the County will receive the money. He stated sometimes the notification letter can be delayed but in this case the County has both notification letters for the work that was completed on the west side and for the taxiway. Vice Chairman Blevins asked Mr. Triplett if he feels like that is a guarantee the County will get that money. Mr. Triplett stated he does. Commissioner Elmore stated the key is will the County get it before June 30^th. He asked if there is anyway to put this off until after the next budget. Mr. Triplett stated that would be extremely difficult to do. Commissioner Elmore asked if the work for the taxiway can be done and payment put off until the next budget year. Vice Chairman Blevins asked if that will be completed and the payment made for the construction work before the end of June. Mr. Triplett stated it most likely will. Mr. Yates stated the County will have to pay the contractor monthly and when they are paid, that will be submitted to the North Carolina Department of Aviation so $500,000 will not be paid out when it is awarded. He stated it will be paid as the work is completed. Commissioner Elmore asked if there is another way the County can pay for this other than from the General Fund such as borrowing money. Vice Chairman Blevins stated the County has borrowed money for capital projects before with the schools, etc. He asked if this is something the County is required to pay directly out of operating funds. Mr. Yates stated they would still count that against the General Fund even though it is a loan. He stated that is what happened this year. Commissioner Elmore asked about the $400,000 that is to be paid on the jail plans this year. He asked if that can be used for the taxiway and roll that money into the loan. Commissioner Blevins stated it is just bookkeeping but he agrees with Commissioner Elmore. He stated tonight the Board has spent a significant amount of money after hearing an audit report that put the County’s Fund Balance at a level that the Board as a group needs to be concerned about. He stated he wants to make sure the County does not get into an even more critical position going forward so anything the Board can do to eliminate that possibility would be helpful. He stated the Board has to be careful how they spend money at this point in time. Mr. Triplett stated he totally agrees. Vice Chairman Blevins stated the Board is committed to this MXR project but they also have to stay committed to the Fund Balance preservation also. Mr. Triplett stated he is very confident this money is there and the County is going to get it but as to when the County will get it he feels that will in all likelihood be in the current fiscal year but given what has happened so far he cannot say 100% and guarantee it is going to happen. He stated it should, it is supposed to, and he is counting on it and in his opinion he is under the impression from the Department of Aviation that is going to happen. He stated the County has gotten a notification letter and he thinks they are going to get the money. 

Vice Chairman Blevins asked if the County is going to be able to get a loan in place for the construction of the jail before June 30^th. He asked if the County is going to be in the hole on the jail project with Mr. Shepherd’s fees at the end of this fiscal year having not received any loan money. He asked where that will put the County in terms of the Fund Balance. Mr. Yates stated he plans to pay the $427,000 out of the money set aside for the jail payment so no money will be taken out of the Fund Balance. He stated he understands the question about the Airport. He stated that is a tough decision but as soon as the money is paid out, he will submit the paperwork to the North Carolina Department of Aviation. 

Vice Chairman Blevins stated they have not been very forthcoming with money for this project at the Airport and it concerns him. Chairman Henderson stated it concerns all of the Board. Vice Chairman Blevins stated at some point the County has to start getting money in or pull in the reins on this project. He stated the County is committed to going forward with MXR and the price is fair for the land being purchased. He stated it would be nice if the County could start getting some of the funds reimbursed they have been promised. Mr. Triplett stated it has been a very frustrating thing. He stated the County has entered the height of this project right at the worst possible economic times. He stated it has been an extreme challenge to go forward and so far the County has kept all their commitments to MXR and he knows the Board wants to continue to do that. He stated it is a challenge in times like this with the budget like it is and he understands.

Vice Chairman Gary Blevins made a motion to approve purchase of the property. The motion was seconded by Commissioner Charlie Sink.

Commissioner Elmore asked if the money for the purchase of this property will come out of the line item for economic development and will not impact the Fund Balance. Mr. Yates stated he will bring a Budget Transfer to the next Board meeting. 

Mr. Triplett stated the Board will have to address this again at the January 5^th meeting. He stated Jimmy Luther is planning to be here to present the bids on the taxiway project and ask the Board to award the low bid. He stated that will actually be when the Board will make the decision to award the bid and proceed on the taxiway.

            Voting on the motion:             Ayes    -           Chairman Zach Henderson

                                                                                    Vice Chairman Gary Blevins

                                                                                    Commissioner Luther Parks

                                                                                    Commissioner Charlie Sink

                                                            Nays    -           Commissioner Keith Elmore

AIRPORT – EASEMENTS - County Attorney Tony Triplett stated the Board of Commissioners went through a lot of work at a recent meeting to add and abandon various roads from the State maintained system. He stated that was one of the necessary steps to abandon a portion of South Johnston Road that will no longer be utilized and to add the new Airpark Access Road to the State maintained system. He stated the Board has not yet taken action necessary to rearrange rights-of-way for the private landowners out there. Mr. Triplett stated over twenty years ago when the Airport was first built and condemnation actions were pending a right of way was awarded to the owners of property who lived on those properties on the east side of the runway basically the Sparks family. He stated since then the Goss family has also built and utilizes that right of way shown on that plat. Mr. Triplett stated by Court judgment in 1987 they acquired an easement to utilize that right-of-way to access their property from South Johnson Road. He stated now that South Johnson Road is being abandoned that will not be usable any longer. He stated in discussions it was agreed to terminate that right-of-way and to give them a new right-of-way that picks up at the end of the paved section of the new Airpark Access Road and accesses their properties pretty much at the same place the other easement went to. He stated this is basically terminating one and adding another. Mr. Triplett stated all of that is contained in the document before the Board called a Right-of-Way Agreement, Release, and Termination of Former Right-of-Way.

Commissioner Charlie Sink made a motion to approve the Right-of-Way Agreement, Release, and Termination of Former Right-of-Way. The motion was seconded by Commissioner Luther Parks and unanimously approved.

NORTHWESTERN REGIONAL HOUSING AUTHORITY - Ned Fowler, Director of Northwestern Regional Housing Authority, stated they are a public non-profit corporation providing affordable housing, development, and services in Wilkes County and the northwest mountain counties for the past thirty years. He stated he is pleased and proud to have with him Ed Holland, Vice Chairman of the Regional Housing Authority Board as well as the Trustee representing Wilkes County on that Board. He stated Mr. Holland’s leadership is contributed with care and experience and it has long benefited the corporate success of their iniatives. He stated it has also helped many of our less fortunate neighbors in Wilkes County and across the region. He thanked the Board for their recent reappointment of Mr. Holland to the Regional Housing Board and thanked Mr. Holland for his continuing willingness to both lead and serve.

Mr. Fowler stated they are here tonight to attempt to fully inform the Board on an important new opportunity that is currently presenting itself in downtown Wilkesboro which they are confident will provide a lasting benefit to the citizens of Wilkes County. He stated like the County they suffer under the responsibility of competing for and distributing scarce resources for economic and social good. He stated what the Board is about to see is a very real potential development. He stated it will require endorsement by both the Town of Wilkesboro and the County of Wilkes. Mr. Fowler stated if they obtain that critical local endorsement the Regional Housing Authority and its affiliated private non-profit Northwest Housing Enterprises have the relationships they believe at both the State and Federal funding levels as well as with large institutional private investors to fully fund this development during 2010 without asking for local revenue and to bring it into service in 2011. He stated there will be a sound underwriting procedure that will keep this development viable for at least thirty years into the future. 

Mr. Fowler stated what they are proposing is an adaptive reuse of the old Wilkesboro Elementary School into forty-two to forty-eight dwelling units. He stated construction would start in late 2010 with initial occupancy in 2011. He stated this would include streetscapes, commons, and parking improvements for elderly and disabled households that would be affordable to those on fixed income. Mr. Fowler stated the historical aspect would involve developing and designs under standards of the National Park Service. He stated the result would be having the building listed as perpetually preserved as a site on the National Register of Historic Places. He stated they would also build a community room, a memory room, that would reflect the history of the school and of the downtown area from the time the school was built and they would use that as community space for folks to gather and meet. 

Mr. Fowler showed an aerial photo of the property owned by the County of Wilkes, the existing site plan showing the school building fronting on Woodland Boulevard and the block storage building behind it, and the proposed site plan showing the historic building along with a new two story addition behind the old school. He stated the elevation does not show up well on the drawing but one of the things with historic renovation is you return the building to its historic appearance at the time it was constructed so that will be new metal shingles and the windows will be returned to their configuration although they will be manufactured energy star window. He stated they would have the same sash and dimensions as the original windows in the building. He stated the doors would be returned to their original configuration, etc. Mr. Fowler stated whatever heating system is in the building would come out. He stated the procedure would be to do an environmental engineering review first. He stated a hazmat team would go in with a plan from the environmental folks and remove all the environmental hazards including asbestos, lead based paint, and any other environmental problem. He stated the general contractor then comes into the building and begins the demolition phase of the rehabilitation work and then the build back of the rehabilitation work. Mr. Fowler stated the site would also get significant improvement in the process. 

Mr. Fowler stated the development team would be the same team they have generally used in earlier project development work. He stated it has been the most successful combination of professional partners they have been able to put together for this type of work. He stated on a general contractor they would, within law, regulations and resources, competitively negotiate for local contractors, local subs, and local material suppliers. He stated they see this not only as a social project but also an economic project for Wilkes County and for downtown Wilkesboro.

Mr. Fowler stated the initial financing estimates give a rough idea of a $6 million project with approximate 70% of that paid in equity. He stated this is a complex financing scenario that involves obtaining State and Federal Historical credits and Safe Federal Housing credits. He stated they sell those credits up front to large institutional investors. He stated those investors give money for the credits, put their money in during the construction project and take their benefit out over the first ten years of the qualified occupancy of these buildings and as a result they only have to debt finance less than 30% of the cost of the project. 

Mr. Fowler stated the benefits to the community are fairly obvious. He stated they are not intending to look to the local government for funds but if they decide they want to make a Christmas donation that would be different but they are not asking to get into the General Fund for this fiscal year or any other. He stated they intend to pay fair compensation to local government for the land and building. He stated that may take whatever form the Board of Commissioners feel is appropriate up to and including a possible offer of $325,000 for the site subject to appraisal or some other arrangement that is mutually beneficial and provides the County with adequate compensation. He stated this returns the property to the ad valorem tax books, revitalizes it both economically and socially with a responsible use of a property that is currently blighted in downtown, causes building renovations to occur under the supervision of the National Park Service to go to the National Register, provides attractive, affordable rental dwelling units for qualified Wilkes seniors who would otherwise be struggling to pay rent and pay for food and medicine at the same time, and of course creates the activities room in the historic building that draws people in the community in and out of the building for activities and integrates the resident seniors in that process so they do not become isolated. He stated this is not at all a warehousing development.

Mr. Fowler stated the information shows pictures of the historic Elk Park School which is a 1937 stone WPA school building designed by the Army Corps of Engineers and built by the same guys under the Roosevelt Work Program that built the Blue Ridge Parkway and many other historic buildings around Wilkes and surrounding counties back in the 1930’s when you could not buy a job in this area. He showed pictures of the way the building was with the soffits deteriorating and the roof failing when they bought it and the finished front and back of the building. He stated this includes a cobblestone courtyard between the historic building and the new construction addition back behind. He stated that creates an interesting space and it also gives the opportunity should someone have a medical emergency or have to be transported so emergency management personnel do not have to pull up to the front door of the school. He stated there is an accessible entry to both buildings that would be in a stone courtyard in between. He stated these are secure entrances that are restricted access. He stated they will work with the Sheriff’s Department and EMS for lock box type emergency access security. 

Mr. Fowler showed pictures of the Elk Park School to give an idea of what the historic building looks like and the new construction behind it with architectural features that echo the features of the old school. He stated the 1970’s movie “Where The Lilies Bloom” is the story of a young Appalachian woman, a fifteen year old girl, whose mom had been gone for quite sometime and her father fell ill and died and the children in the household hid the fact their dad was dead because they did not want the younger siblings to be split up and sent to foster homes. He stated it was a real interesting old kind of Appalachian historic perspective movie. He stated in the Fall of the year the older sister coaches the younger kids what to tell their teachers about what happened to their dad, he if off hunting or sick in the backroom or cannot be disturbed so the young kids will know what to tell their teachers. He stated they go to school and walk up the steps of this old school and there are some shots of the front of the school and inside the classroom so this is a real interesting historic piece of work. He stated this combination of work is by this same development team.

Mr. Fowler stated in the Wilkesboro School he is pretty sure the interior classroom walls do not have to go away. He stated for senior and disabled apartments these school classroom sizes fit, so while the building is gutted the interior walls are not usually moved so a classroom becomes an apartment. He stated there will be wormy chestnut wainscoting, school house lighting, and it will be very nicely done.

Mr. Fowler stated they think this is a real opportunity and it is rare that the stars will line up for both private investment financing which has not been available for the last two years because of the financial market crisis and necessary allocations of credits by the IRS administered by the North Carolina Housing and Finance Agency of North Carolina. He stated they have already talked to them about this project and they have hired the best and they are used to working with them. He stated if this is something the County is interested in supporting they would like to talk to the Board further about this. He stated they would love to have them consider working with them on this. He stated what they have to have because of the timeframe they are under is a form of property control sufficient to pursue their financing by no later than the January 5^th Board meeting because their submissions are due within a week of that. Mr. Fowler stated they have drafted an offer to purchase and shared it with the County Manager which is one form of property control that will be sufficient to pursue financing but it does not have to be that same document. He stated if there are changes the Commissioners would prefer in the language in that document, changes that would not put them at a disadvantage in trying to arrange this $6 million financing, they would certainly entertain any amendments the Board wants to do or some other form of control. Mr. Fowler stated they need something to show they have control of the site in order to apply for the money. He stated their preliminary application goes in in January and the final application in May and they make their decisions in July with an announcement in August. He stated they would close on the property with the County in November of 2010. He stated there is an argument and difficulty that may go along with this proposal and it has to do with downtown parking. He stated they are very interested and involved in pursuing those concerns. He stated they have met with property owners of adjoining properties. He stated they have talked about the potential need for future additional downtown parking. Mr. Fowler stated they have had initiated discussions with two of the downtown Churches. He stated both the Wilkesboro Baptist Church and the Wilkesboro Methodist Church have parking lots that remain virtually empty during the hours that County employees would need parking should that area of town be needed for County administrative parking. He stated they think in these preliminary conversations these groups are more than willing to work with the County on leasehold agreements for whatever is necessary for parking restricted for the County. He stated they think because of the combination of that should the future need for parking arise they think they can get the folks to come together and help make that happen. Mr. Fowler stated they would also on this property maximize the use of the available property, should the County decide to sell or make a Christmas gift of the property, for the parking they can get there. He stated their architect has told them there are fifteen to twenty additional parking spots they can develop at their expense that would be available for use in that area as well. 

Mr. Holland stated they certainly hold a lot of interest in the project and they appreciate the Board taking the time to hear them. He stated this is elderly and disabled housing and they feel it would certainly serve the citizens of this area very well.

Chairman Zach Henderson asked if the Board of Commissioners come back to them no later than January 5^th would that be soon enough to proceed as long as they have control of the property. Mr. Fowler stated within a day of two of that if they can get a form of site control that allows them to pursue financing, they are fine. He stated they will go ahead and invest some time between now and then to make sure the administrative elements and the architectural elements of the initial submissions for financing are ready because they have to go in within a week or so of the Board’s next meeting. He stated they are willing to invest some of that time if there is an interest on the part of the Board for them to pursue this. Mr. Fowler stated they cannot promise they can bring a $6 million project to downtown Wilkesboro but from all of the experience they have got they believe the time is right to make the application. He stated this is an extremely competitive round they are talking about. He stated only four sets of projects will be funded in 2010 west of I-77 in North Carolina but they believe this can be one of them. He stated this is a downtown site, is a walkable site, it is good for seniors, it is affordable for seniors, and it is not income targeted the way some of the nearby rental property is out of reach for some of the folks on fixed income. Mr. Fowler stated these properties are managed extremely carefully with professional certified property managers. He stated these residents will be shopping in downtown and will be folks that are from Wilkes County that need this type of assistance with independent residential living. He stated this is not a medical facility and it does require that individuals be capable of independent living, etc. Mr. Fowler stated this is a resource a block or so off Main Street. He stated they have been working with the Town of Wilkesboro for about five or six years to try to help them get some downtown revitalization jump started and he believes this is the anchor project to make things start changing in downtown Wilkesboro and they will certainly give it the college try if it meets with the Board’s approval with respect to potential transfer of the property.

Chairman Henderson asked if the old Parkway School that was developed is full of residents. Mr. Fowler stated that is the Elk Park School and it has stayed at 95% or better occupancy since the day it opened and all of their properties do. He stated it opened in 2004 and won a Statewide and a National Award for historic preservation and this one would as well. He stated some of the members on the Board heard of this potential project several years ago from another non-profit from Charlotte that was coming in here wanting to do this and he thanked the Board for turning them down. He stated they feel like if there is going to be a cooperative effort for affordable housing that involves both the social and economic benefits, their firm with a live presence in Wilkes County for over thirty years are the ones that want to work with the County. He stated the other group at the time they made their presentation were asking for an outright donation and they can do better then that depending on how the Board wants to handle it. 

Chairman Henderson asked if the Commissioners want to allow the Regional Housing Authority to proceed with their preliminary effort in doing what they have to do to get ready and then the Board can make a decision and come back at the first meeting in January to give them the go ahead or not. 

County Attorney Tony Triplett stated he is struggling with the legal issue that has to be addressed on conveyance of the property however it is done. He stated it sounds like they need the property “under control” or locked up by the January 5^th meeting and he has not seen the agreement County Manager John Yates has. Mr. Triplett stated he noticed in the presentation it looks like the owner is an LLC, a private entity called Blue Ridge Housing of Wilkesboro, LLC. Mr. Fowler stated that has not been created yet. He stated the offer to purchase language that was shared with Mr. Yates shows their affiliated 501(c)3 private non-profit Northwest Housing Enterprises and/or assigns so that is the way it is currently written. He stated they usually do these that way because if they get the go ahead, when they submit the preliminary the State comes out and does a site review and a market review. He stated he has no doubt that both of those will be successful reviews on this project but once they get the nod from the State that they have met that initial threshold test for site and market, they form the LLC ownership entity and probably what they would do then at the closing in November of 2010 if they have such a document, they have a signed agreement whereby Northwest Housing Enterprises, Inc. would assign its rights to that LLC which today is not created. Mr. Triplett stated the issue that is going to confront the County is when they convey it to the non-profit the same issue is still there which is how to do that and can it be done by private negotiation. He stated the County is limited on how to do that and there has to be certain circumstances present. He stated Town Manager Ken Noland knows far more about historic properties than he does. Mr. Triplett stated he has found at least two statutes under which it appears the County can do this and privately negotiate and sell or convey property without having to go through the public bid process they normally do. He stated one of those is a statute that authorizes counties to convey property to a public or private entity that provides affordable housing to persons of low or moderate income and that may be applicable here. He stated that sounds like it might. He stated if that is applicable the conveyance has to be accompanied by covenants or conditions that assure it will be put to that purpose. He stated the statute attaches that as a condition and that will have to be developed. Mr. Triplett stated there is another statute by which a county can by private negotiation sell property to a public or private entity for architectural, archeological, or historical purposes. He stated that too can be done but it has to be accompanied by a preservation agreement and a preservation agreement would have to be developed. Mr. Triplett stated both of these methods have got by no means insurmountable obstacles at all but they have procedural questions that will have to be addressed and answered. He stated his concern is how quickly that can be done. He stated by January 5^th they need the property locked up in some fashion. Mr. Fowler stated having that type of condition attached is perfectly permissible with respect to the financing they are pursuing. He stated he will share with Mr. Triplett the Land Use Restrictive Covenants they place on these properties assuring thirty year benefit for low and moderate income. He stated once the development is completed they actually record with the deed Land Use Restrictive Covenants and other use covenants that assure this remains affordable housing for a period of no less than thirty years. He stated probably by looking at those agreements that have to be put in place the County might can borrow some language. Mr. Fowler stated it is also true this offer contains a proviso that if for some reason they are not successful in the competition for credits during 2010 the offer to purchase will become null and void in mid-August 2010 and the property would be released from site control should they get notice they have not been successful in their efforts for credits. He stated if they are successful they have from August until November to line up the private investment, construction lending, close with the County, close with the investors, and start this toward construction. Mr. Triplett stated all of that sounds real good. He stated the main concern he had was addressing any issues the County needs to by January 5^th if in fact the County needs to do that. Mr. Fowler stated he will send Mr. Triplett some of that language so they can talk about it more and when the time comes in January attach something to a site control document that will satisfy the Board.

Chairman Henderson thanked Mr. Fowler and Mr. Holland for their presentation and stated the Board will address this again on January 5^th.

CRICKET VOLUNTEER FIRE DEPARTMENT - County Manager John Yates stated Cricket Volunteer Fire Department has asked that the Chairman be allowed to sign a letter to United Financial of North Carolina that states that Cricket VFD has a fire district and the County collects taxes and distributes them to them to pay their bills and that the department is currently meeting the requirements of their fire service contract. Mr. Yates stated this basically says they are in good standing with the County. He stated the letter also states the Cricket VFD has made the County aware of their intention to purchase a new fire truck at a cost of $600,000. He stated the County is not co-signing for the loan but telling the bank as of today Cricket VFD is in good standing and doing what they are required to do under their contract.

Vice Chairman Gary Blevins made a motion to approve the request. The motion was seconded by Commissioner Luther Parks.

Commissioner Charlie Sink asked if Cricket VFD has an up to date contract with the County. County Attorney Tony Triplett stated he will have to check on that. He stated about half of the fire departments have now contracted with the County under the new contract. He stated he thinks Cricket may be one of them but he is not totally sure.

            Voting on the motion:             Ayes - Unanimous

ANIMAL SHELTER - County Manager John Yates stated in November the North Carolina Department of Agriculture, Animal Welfare Section, came to the Wilkes County Animal Shelter and did an inspection and he wants to brag a little bit. He stated they looked at how the County does euthanasia and found no problems. He stated they said all drugs were very secure in both daily use and in storage, the Policies and Procedures Manual was in very good order and easily obtained, overall appearance and cleanliness of the facility was great, and all paperwork was in good order. He stated the Animal Shelter is operating very well. 

Chairman Zach Henderson stated he understands there are other counties in other parts of the State not as fortunate. Mr. Yates stated there were twenty-one Animal Shelters that were reprimanded when they inspected everybody in November. 

CLOSED SESSION - Commissioner Charlie Sink made a motion to go into Closed Session to consider and give instructions concerning a pending judicial action by the name of Paul Absher versus Sheriff Dane Mastin and Deputy Sheriff’s of the Wilkes County Sheriff’s Office, Harold Martin, Harper Hartley, and Gene Wyatt; and to consult with the County Attorney to protect the attorney-client privilege. The motion was seconded by Vice Chairman Gary Blevins and unanimously approved. 

Motion was made by Commissioner Luther Parks seconded by Vice Chairman Gary Blevins and by unanimous vote adopted to adjourn back into regular session

BUDGET AMENDMENT - Commissioner Charlie Sink made a motion to approve Budget Amendment No. 25 (Law Enforcement Center/Jail Project Fund). The motion was seconded by Vice Chairman Gary Blevins and unanimously approved.

ADJOURN - Motion was made by Vice Chairman Gary Blevins seconded by Commissioner Luther Parks and by unanimous vote adopted to adjourn the meeting of the Wilkes County Board of Commissioners at 9:25 P. M.

Alene E. Faw, Clerk                                                                  Zach Henderson, Chairman

WILKES COUNTY BOARD OF COMMISSIONERS

Approved: