STATE OF NORTH CAROLINA                 )                    OFFICE OF THE COMMISSIONERS

                                                            )                    STOKES COUNTY GOVERNMENT

COUNTY OF STOKES                              )                    DANBURY, NORTH CAROLINA

                                                            )                    OCTOBER 25, 2004

 

 

 

 

 

 

 

The Board of Commissioners of the County of Stokes, State of North Carolina, met in regular session in the Council Chambers of the Ronald Wilson Reagan Memorial Building (Administrative Building), located in Danbury, North Carolina, on Monday,

October 25, 2004, at 7:00 pm with the following members present:

 

                                    Chairman Sandy McHugh

                                    Commissioner Howard Mabe

                                    Commissioner Leon Inman

                                               

                                    County Manager Richard Morris

                                    County Attorney Jonathan Jordan

                                    Darlene Bullins, Clerk to the Board

 

                                    *Vice-Chairman John Turpin (entered meeting at 8:00 pm)

                                    *Commissioner Joe Turpin (entered meeting at 8:00 pm)

                                    *absent due to a death in the family

 

Chairman McHugh called the meeting to order.

           

County Attorney Jonathan Jordan delivered the invocation.

 

GENERAL GOVERNMENT-GOVERNING BODY-PLEDGE OF ALLEGIANCE

 

Chairman McHugh opened the meeting by inviting the citizens in attendance to join the Board with the Pledge of Allegiance.

 

PUBLIC HEARING

Bond Order Authorizing The Issuance of Not to Exceed $16,000.000 General Obligation Refunding Bonds of The County Stokes, North Carolina

 

Clerk to the Board Darlene Bullins reported to the Board of Commissioners that the Bond Order titled “Bond Order Authorizing The Issuance of Not to Exceed $16,000,000 General Obligation Refunding Bonds of the County of Stokes, North Carolina was

introduced at the regular meeting of the Board of Commissioners on October 11, 2004;  published on October 14th and 21st in the local newspaper; posted on County Webpage; and posted in Administrative Building, Courthouse Building, and County Libraries.

 

Chairman McHugh called the Public Hearing to Order.

 

There was no one signed up to speak at the Public Hearing.

 

Chairman McHugh moved to adjourn the Public Hearing. 

 

Commissioner Inman seconded and the motion carried (3-0) with Vice Chairman John Turpin and Commissioner Joe Turpin absent.

 

GENERAL GOVERNMENT –GOVERNING BODY-APPROVAL OF MINUTES

 

Chairman McHugh entertained a motion to approve or amend the minutes of the October 5th and October 11th meetings.

 

Commissioner Mabe moved to approve the minutes of the October 5th and October 11th meetings.   

 

Commissioner Inman seconded and the motion carried (3-0) with Vice Chairman John Turpin and Commissioner Joe Turpin absent.

 

PUBLIC COMMENTS

 

There were no public comments.

           

PUBLIC COMMENTS-PROPOSED 2005/07 WORK FIRST PLAN

 

There were no public comments concerning the proposed 2005/2007 Work First Plan.

 

GENERAL GOVERNMENT – RECOGNITION 2004 REGION 2- PARAMEDIC COMPETITION

 

Training Officer Brian Booe, Stokes County EMS, recognized Paramedics Scott Brown and Fred Lawson, who recently won the Region 2 Paramedic Competition and advanced to the State Competition.  Training Officer Booe commended Paramedics

Brown and Lawson for the extra hours and hard work to represent Stokes County proudly.

 

The Board also commended Paramedics Brown and Lawson for their continued dedication and service to the citizens of Stokes County.  Chairman McHugh presented Paramedics Brown and Lawson certificates in recognition of their outstanding achievement.

 

Commissioner Inman also commended Training Officer Brian Booe who had recently been honored for performing CPR on an unconscious customer who was shopping in Wal-Mart.

 

GENERAL GOVERNMENT – PROPOSED EAST WALNUT COVE PARK CONTRACT

 

County Manager Rick Morris presented the proposed East Walnut Cove Park contract, which had been postponed from the October 11th meeting.  Those in attendance from the East Walnut Cove Park Committee were:  Anthony Dalton, Rev. Gregory Hurst,

Sarah Fulton and Robert Martin.

 

Manager Morris noted the following changes to the contract:

 

·         Adoption date to be October 25th instead of October 11th

·         Enter 271 for Deed book

·         Enter 164 for Page number

 

Manager Morris concluded that the County is adding additional fire insurance to the County’s policy for structures on several of the parks within the County.  Park committees are not able to cover these structures due to the property being in the County’s name.

 

The County and the East Walnut Cove Park Committee both agreed on the proposed contract and the East Walnut Cove Park – Rules and Regulations.

           

Rev. Gregory Hurst requested the Board adopt a Resolution to request the State put Burton Road at the top of the priority list for pavement.  The Park Committee feels that a paved road would enhance the attendance and participation at the Park.

 

Chairman McHugh requested the Clerk to the Board to draft and return a Resolution for paving Burton Road at the next meeting (November 8th) for the Board’s consideration.

 

Chairman McHugh entertained a motion to approve the proposed East Walnut Cove Park Management Agreement and East Walnut Cove Park – Rules and Regulations:

 

STATE OF NORTH CAROLINA                 )

                                                             )                                              MANAGEMENT AGREEMENT

COUNTY OF STOKES                                )

 

 

THIS MANAGEMENT AGREEMENT, made and entered into this 25th day of October 2004 by and between the County of Stokes, a body politic and corporate under the laws of the State of North Carolina, party of the first part; and East Walnut Cove Park, a charitable, non-profit, corporate organization, existing and doing business under the laws of the State of North Carolina, including Chapter 55-A of the General Statutes of North Carolina, party of the second part;

 

 WHEREAS, by deed, the property known as East Walnut Cove Park was donated to and accepted by Stokes County in consideration of the County’s agreement to own, maintain, and operate said recreational facility for the use and benefit of Walnut Cove and all of the citizens of Stokes County in perpetuity; and

 

WHEREAS, the County of Stokes has accepted ownership of said property for said purposes and desires and intends for said facility to be operated for said purposes and desires to provide for an experienced and continuous management of said recreational facility for the benefit of the residents of  Walnut Cove and Stokes County generally;

 

NOW, THEREFORE, for and in consideration of ONE DOLLAR ($1.00) per annum and the mutual promises and agreements hereinafter set forth, it is understood and agreed as follows:

 

1.       The East Walnut Cove Park Committee does hereby agree to operate and maintain the recreational facility known as East Walnut Cove Park more particularly described in Deed Book 271, Page 164, Stokes County Registry, along with the buildings and improvements situated thereon.

2.       This agreement shall exist and continue until terminated as set forth herein.

3.       The County of Stokes has entered into an agreement with the Bureau of Outdoor Recreation of the United States Department of the Interior, acting through the North Carolina Department of Administration, known as “LWCF Agreement No. 37-00700, a copy of which is attached hereto and incorporated by reference herein (Attachment A), and the parties to this agreement each hereby agree to comply fully with the terms and provisions of said LWCF Agreement  No. 37-00700 and particularly Section VI entitled “Retention, Operation, Maintenance and Use” and Section VII entitled “General Provisions Thereof”, a copy of a 1995 memorandum from the State of North Carolina Department of Environment Health and Natural Resources Subject: Local Government’s Compliance Responsibilities for LWCF Assisted Parks is enclosed for informational purposes (Attachment B).

4.       The recreation facility which is the subject of this agreement shall continue to be known and operated as East Walnut Cove Park.

5.       The East Walnut Cove Park Committee shall establish and maintain reasonable admission or other user fees for the entry and use of said recreational facility by the public on such bases and in such amounts as may be reasonably necessary from time to time to maintain and operate said recreational facility in a safe, attractive and businesslike manner;

6.       The applicable park organization or committee should adopt and attach to this agreement a set of rules and regulations for the operation of the park known as East Walnut Cove Park and incorporate these rules and regulations by reference herein; and East Walnut Cove Park Committee hereby agrees to comply fully with the provisions of said rules and regulations.  Said rules and regulations may be changed with the approval of East Walnut Cove Park Committee and Stokes County;

 

All  proceeds from the operation and use of said recreational facility shall be used by the East Walnut Cove Park Committee for payment of current operating expenses, repairs, maintenance and improvements to said facility;

 

During the term of this management agreement, East Walnut Cove Park Committee shall submit to such annual or other periodic or special financial audit reports as the County of Stokes shall from time to time require to assure the financial integrity of the operation of said recreational facility;

 

The East Walnut Cove Park Committee assumes responsibility and liability for loss of, or damage to, the premises; and agrees to hold the County of Stokes harmless from any loss or liability as a result of this agreement or any negligence, omission or conduct of the East Walnut Cove Park Committee or any activities of the East Walnut Cove Park Committee may conduct on the premises.  The County of Stokes will carry such liability and property insurance on said premises as is needed to protect the interests of the County.

 

The East Walnut Cove Park Committee agrees to manage and operate said recreational facility for and on behalf of the County of Stokes in accordance with the terms and conditions of the management agreement.

 

The County of Stokes reserves the right and option to terminate this agreement in the event the East Walnut Cove Park Committee fails to comply with the terms and conditions set forth herein.

 

The East Walnut Cove Park Committee agrees that the County of Stokes shall have the right to schedule events at the East Walnut  Cove Park recreational facility subject to the general scheduling policy in effect for said park.

 

IN WITNESS WHEREOF, the County of Stokes has caused this agreement to be executed by its Board of County Commissioners and East Walnut Cove Park Committee by the signature of its President and attestation of its Secretary as authorized by the Board of Directors thereof, on this the day and year first written above.

 

                                                                        COUNTY OF STOKES

 

                                                                     BY: ______________________________

                                                                  Chairman- Board of Commissioners

ATTEST:

___________________

         Clerk

                                                                           

                                                                    East Walnut Cove Park Committee

 

      

                                                                         BY: ______________________

                                                                                              President

 

ATTEST:

___________________

         Secretary

 

Approved as to form and legal sufficiency:

 

 

____________________________________

Jonathan C. Jordan, Stokes County Attorney

 

 

East Walnut Cove Park – Rules and Regulations

 

  1. Regular park hours are from dawn to 9 PM
  2. No loitering is allowed in the park
  3. Reservations for use of the park shelter or ball fields must be made through the East Walnut Cove Park Committee.
  4. No alcoholic beverages, malt beverages, unfortified wines or controlled substances (illegal drugs) are allowed on the park premises.
  5. Camping is not allowed in the park.
  6. The parking or driving motor vehicles on grassed areas in the park is prohibited.
  7. Obscene, threatening, insulting or boisterous language is prohibited in the park. 
  8. Automobiles, motorcycles and all terrain vehicles must remain in designated parking areas or streets.
  9. During the park’s annual fund raising drive park patrons are encouraged to make an annual donation of $12.00 in user fees, however this donation is not mandatory for the use of the park.

 

             ***  This is your park;  Please help keep it clean and green ***

 

Commissioner Inman moved to approve the submitted East Walnut Cove Park Management Agreement and East Walnut Cove Park- Rules and Regulations.

 

Commissioner Mabe seconded and the motion carried (3-0) with Vice Chairman John Turpin and Commissioner Joe Turpin absent.

 

GENERAL GOVERNMENT –TAX ADMINISTRATION REPORT

 

Tax Administrator Wren Carmichael presented the Tax Administration Report.

 

Tax Administrator Carmichael requested the following Refund for Key Corporate Capital Inc. in the amount of $493.21.

 

Chairman McHugh entertained a motion to approve the requested Refund for Key Corporate Capital Inc. in the amount of $493.21.

 

Commissioner Mabe moved to approve the requested Refund for Key Corporate Capital Inc. in the amount of $493.21.  

 

Commissioner Inman seconded and the motion carried (3-0) with Vice Chairman John Turpin and Commissioner Joe Turpin absent.

 

Tax Administrator Carmichael requested the following Property Tax Release Request for Real and Personal Property in the amount of $112.80:

 

·         Jeffrey W. Young                        $112.80

 

Chairman McHugh entertained a motion to approve the submitted Property Tax Release Request for Real and Personal Property in the amount of $112.80.

 

Commissioner Inman moved to approve the submitted Property Tax Release Request for Real and Personal Property in the amount of $112.80. 

 

Commissioner Mabe seconded and the motion carried (3-0) with Vice Chairman John Turpin and Commissioner Joe Turpin absent.

 

Tax Administrator Carmichael requested the following Requests for Refund for Motor Vehicles in the amount of $180.16:

 

·         Kelly J Tuttle                              $20.43

·         Gerald M. Smith                          $52.13

·         Lloyd S Allan                              $19.03

·         James T Carter                         $20.59

·         Darst Agency Inc                        $18.25

·         Clifford R. James                        $49.73

 

Chairman McHugh entertained a motion to approve the submitted Requests for Refund for Motor Vehicles in the amount of $180.16.

 

Commissioner Mabe moved to approve the submitted Requests for Refund for Motor Vehicles in the amount of $180.16. 

 

Commissioner Inman seconded and the motion carried (3-0) with Vice Chairman John Turpin and Commissioner Joe Turpin absent.

 

Tax Administrator Wren Carmichael requested the Board’s approval for the continuation of the E & R Board to hold special meetings for the purpose of hearing appeals made after receiving the tax notice and/or after receipt of notice of new revaluation of

personal /real property.  The taxpayer has 30 days after the receipt of the tax notice and/or notice of new revaluation of personal/real property to make an appeal (in writing) to the Tax Assessor.  If the Tax Assessor cannot reconcile the issue, the taxpayer has the right to appeal to the E & R Board as pursuant to G.S. 105-317.l(c).

 

Chairman McHugh entertained a motion to extend the Board of E & R to hear appeals pursuant to G.S. 105-317.l(c).

 

Commissioner Inman moved to approve the motion to extend the Board of E & R to hear appeals pursuant to G.S. 105-317.l(c).  

 

Commissioner Mabe seconded and the motion carried (3-0) with Vice Chairman John Turpin and Commissioner Joe Turpin absent.

 

Chairman McHugh scheduled a special meeting for the Board of E & R to hear appeals pursuant to G.S. 105-317.l(c) for November 9, 2004 at 7:00 pm. 

 

GENERAL GOVERNMENT –TAX ADMINISTRATION –PROPOSED 2005 COST INDEX AND DEPRECIATION SCHEDULES

 

Tax Administrator Wren Carmichael presented the proposed 2005 Cost Index and Depreciation Schedules prepared by the North Carolina Department of Revenue, (Property Tax Division) for the Board’s approval.

 

Chairman McHugh entertained a motion to approve the proposed 2005 Cost Index and Depreciation Schedules prepared by the North Carolina Department of Revenue, (Property Tax Division).

 

Commissioner Mabe moved to approve the 2005 Cost Index and Depreciation Schedules prepared by the North Carolina Department of Revenue, (Property Tax Division).

 

Commissioner Inman seconded and the motion carried (3-0) with Vice Chairman John Turpin and Commissioner Joe Turpin absent.

 

GENERAL GOVERNMENT –TAX ADMINISTRATION –PROPOSED 2005

REAL PROPERTY SCHEDULE OF VALUES-REVALUATION

 

Tax Administrator Wren Carmichael presented the proposed 2005 Real Property Schedule of Values for the upcoming 2005 Revaluation to the Board.

 

Tax Administrator Carmichael requested the Board schedule a Public Hearing for citizen input concerning the proposed 2005 Real Property Schedule of Values – Revaluation. 

 

A copy of the proposed 2005 Real Property Schedule of Values-Revaluation is available in Tax Administration (Ronald Wilson Reagan Memorial Building-Administrative Building).

 

Chairman McHugh entertained a motion to schedule a Public Hearing concerning the proposed 2005 Real Property Schedule of Values- Revaluation for Monday, November 8th at  7:05 pm. (Ronald Wilson Reagan Memorial Building-Administrative Building).

 

Commissioner Inman moved to approve a Public Hearing for the proposed 2005 Real Property Schedule of Values – Revaluation for November 8th at 7:05 pm. 

 

Commissioner Mabe seconded and the motion carried (3-0) with Vice Chairman John Turpin and Commissioner Joe Turpin absent.

 

GENERAL GOVERNMENT –GOVERNING BODY-PROPOSED BOND ORDER AND RESOLUTION GENERAL OBLIGATION REFUNDING BONDS

 

Chairman McHugh presented to the Board the estimated savings of $459,462.25 for the proposed refinancing of the 1996 & 1998 General Obligation Bonds if both bonds were closed today.

 

Chairman McHugh introduced the following proposed Bond Order Authorizing the Issuance of Not to Exceed $16,000,000 General Obligation Refunding Bonds of the County of Stokes, North Carolina:

 

Bond Order Authorizing the Issuance of Not to Exceed $16,000,000

General Obligation Refunding Bonds Of the County of Stokes,

North Carolina

 

 

WHEREAS, the County of Stokes, North Carolina has issued (1) $8,000,000 aggregate principal amount of its School Bonds, Series 1996 (the “1996 Bonds”) and (2) $17,000,000 aggregate principal amount of its School Bonds, Series 1998 (the “1998 Bonds”);

 

WHEREAS, the Board of Commissioners of the County of Stokes, North Carolina deems it advisable to refund $4,400,000 in aggregate principal amount of the 1996 Bonds maturing on and after June 1, 2007 and $8,500,000 in aggregate principal amount of the 1998 Bonds maturing on and after June 1, 2009;

 

WHEREAS, an application has been filed with the Secretary of the Local Government Commission of North Carolina requesting Commission approval of the bonds hereinafter described as required by the Local Government Bond Act, and the Secretary of the Local Government Commission has notified the Board of Commissioners that the application has been accepted for submission to the Local Government Commission.

 

NOW, THEREFORE, BE IT ORDERED by the Board of Commissioners of the County of Stokes, North Carolina, as follows:

 

Section 1.  The Board of Commissioners of the County of Stokes, North Carolina deems it advisable to refund $4,400,000 in aggregate principal amount of the 1996 Bonds maturing on and after June 1, 2007 and $8,500,000 in aggregate principal amount of the 1998 Bonds maturing on and after June 1, 2009.

 

Section 2.   To raise the money required to pay the costs of refunding the 1996 Bonds and the 1998 Bonds as set forth above, General Obligation Refunding Bonds of the County of Stokes, North Carolina are hereby authorized and shall be issued pursuant to the Local Government Bond Act of North Carolina.  The maximum aggregate principal amount of such General Obligation Refunding Bonds authorized by this bond order shall be and not exceed $16,000,000.

 

Section 3.   A tax sufficient to pay the principal of and interest on said General Obligation  Refunding Bonds when due shall be annually levied and collected.

 

Section 4.  A sworn statement of the County’s debt has been filed with the Clerk to the Board of Commissioners and is open to public inspection.

 

Section 5.    This bond order shall take effect on its adoption.

 

The foregoing order was adopted on the 25th day of October 2004 and is hereby published this 28th day of October 2004.  Any action or proceeding questioning the validity of the order must be begun within 30 days after the date of publication of this notice.

 

 

Darlene Bullins

Clerk to the Board of Commissioners

 

Chairman McHugh entertained a motion to adopt the Bond Order Authorizing the Issuance of Not to Exceed $16,000,000 General Obligation Refunding Bonds of the County of Stokes, North Carolina.

 

Commissioner Mabe moved to adopt the Bond Order Authorizing the Issuance of Not to Exceed $16,000,000 General Obligation Refunding Bonds of the County of Stokes, North Carolina. 

 

Commissioner Inman seconded and the motion carried (3-0) with Vice Chairman John Turpin and Commissioner Joe Turpin absent.

 

Chairman McHugh introduced the following proposed Resolution of the Board of Commissioners of the County of Stokes, North Carolina, Authorizing the Issuance of Not to Exceed $16,000,000 General Obligation Refunding Bonds, Series 2004:

 

A Resolution of the Board of Commissioners of the County of Stokes, North Carolina, Authorizing the Issuance of not to exceed $16,000,000 General Obligation Refunding Bonds, Series 2004.

 

WHEREAS, the Bond Order hereinafter-described has been adopted, and it is desirable to make provision for the issuance

of the Bonds authorized by said Bond Order;

 

NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Stokes, North Carolina (the

“County”), as follows:

 

1.         For purposes of this Resolution, the following words will have the meanings ascribed to them below:

 

“Bond Order” means the Bond Order authorizing the Bonds adopted by the Board of Commissioners on October 25, 2004

and effective on its adoption.

 

“Bonds” means the County’s General Obligation Refunding Bonds, Series 2004 authorized under the Bond Order.

 

“Board of Commissioners” means the Board of Commissioners of the County.

 

“Escrow Agent” means a financial institution selected by the County to serve as escrow agent under the Escrow Agreement,

its successors and assigns.

 

“Escrow Agreement” means the Escrow Agreement dated as of December 1, 2004 between the County and the Escrow

Agent.

 

“Federal Securities” means (a) direct obligations of the United States of America for the timely payment of which the full

faith and credit of the United States of America is pledged; (b) obligations issued by any agency controlled or supervised by

and acting as an instrumentality of the United States of America, the timely payment of the principal of and interest on

which is fully guaranteed as full faith and credit obligations of the United States of America (including any securities

described in (a) or (b) issued or held in the name of the Trustee in book-entry form on the books of the Department of

Treasury of the United States of America), which obligations, in either case, are held in the name of a trustee and are not

subject to redemption or purchase prior to maturity at the option of anyone other than the holder; (c) any bonds or other

obligations of the State of North Carolina or of any agency, instrumentality or local governmental unit of the State of North

Carolina which are (1) not callable prior to maturity or (2) as to which irrevocable instructions have been given to the

trustee or escrow agent with respect to such bonds or other obligations by the obligor to give due notice of redemption and

to call such bonds for redemption on the date or dates specified, and which are rated by Moody’s, if the Bonds are rated by

Moody’s, and S&P, if the Bonds are rated by S&P, within the highest rating category and which are secured as to principal,

redemption premium, if any, and interest by a fund consisting only of cash or bonds or other obligations of the character

described in clause (a) or (b) hereof which fund may be applied only to the payment of such principal of and interest and

redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified

redemption date or dates pursuant to such irrevocable instructions, as appropriate; or (d) direct evidences of ownership of

proportionate interests in future interest and principal payments on specified obligations described in (a) held by a bank or

trust company as custodian, under which the owner of the investment is the real party in interest and has the right to

proceed directly and individually against the obligor on the underlying obligations described in (a), and which underlying

obligations are not available to satisfy any claim of the custodian or any person claiming through the custodian or to whom

the custodian may be obligated.

 

“Fitch Ratings” means Fitch, Inc., a corporation organized and existing under the laws of the State of New York, its

successors and their assigns and, if such corporation for any reason no longer performs the functions of a securities rating

agency, “Fitch Ratings” will be deemed to refer to any other nationally recognized rating agency other than Moody’s or S&P

designed by the County.

 

“Moody’s” means Moody’s Investors Service, a corporation organized and existing under the laws of the State of Delaware,

its successors and their assigns and, if such corporation for any reason no longer performs the functions of a securities

rating agency, “Moody’s” will be deemed to refer to any other nationally recognized rating agency other than Fitch Ratings

or S&P designed by the County.

 

“Refunded Bonds” means the Refunded 1996 Bonds and the Refunded 1998 Bonds.

 

            “Refunded 1996 Bonds” means the County’s $4,400,000 School Bonds, Series 1996 maturing on and after June 1, 2007.

 

            “Refunded 1998 Bonds” means the County’s $8,500,000 School Bonds, Series 1998 maturing on and after June 1, 2009.

 

“S&P” means Standard & Poor’s Ratings Services, a Division of The McGraw-Hill Companies, Inc., its successors and their

assigns and, if such corporation for any reason no longer performs the functions of a securities rating agency, “S&P” will be

deemed to refer to any other nationally recognized rating agency other than Fitch Ratings or Moody’s designed by the

County.

 

“County” means the County of Stokes, North Carolina, and its successors or assigns.

 

2.         The County shall issue not to exceed $16,000,000 in total aggregate principal amount of its Bonds.

 

3.         The Bonds shall be dated as of December 1, 2004 and pay interest semiannually on June 1 and December 1,

beginning June 1, 2005.  The Bonds are being issued to provide funds to refund in advance of their maturities the Refunded Bonds pursuant to and in accordance with the Bond Order.

 

4.         The Board of Commissioners has ascertained and hereby determines that the average period of usefulness of the capital projects being financed by the proceeds of the Refunded Bonds was not less than 25 years computed from the date of the Refunded Bonds, and the average weighted maturity of the Bonds does not exceed the average weighted maturity of the Refunded Bonds.

 

5.         The Bonds are payable in annual installments on June 1 in each year, as follows:

 

                       Year                     Amount                   Year                      Amount

                        2005                      $60,000                    2012                    $1,330,000

                        2006                     $155,000                   2013                    $1,310,000

                        2007                     $555,000                   2014                    $1,295,000

                        2008                     $550,000                   2015                    $1,275,000

                        2009                    $1,390,000                 2016                    $1,260,000

                        2010                    $1,365,000                 2017                    $1,245,000

                        2011                    $1,345,000                 2018                      $845,000

 

The Finance Director of the County may increase or decrease the aggregate principal amount and the principal of each maturity of the Bonds both before and after the receipt and opening of the bids for the Bonds in accordance with the Detailed Notice of Sale so long as net present value savings are at least 2% of the par amount of the Refunded 1996 Bonds, if the refunding of the Refunded 1998 Bonds cannot be accomplished, or  2% of the par amount of the Refunded 1996 Bonds and the Refunded 1998 Bonds if the refunding of both can be accomplished.

 

6.         The Bonds shall be numbered from “R‑1” consecutively and upward.  All Bonds shall bear interest from their date at a rate or rates which shall be hereafter determined on the sale thereof computed on the basis of a 360‑day year of twelve 30‑day months.

 

7.         The Bonds shall be registered as to principal and interest, and the Finance Director of the County is directed to maintain the registration records with respect thereto.  The Bonds shall bear the original or facsimile signatures of the Chairman of the Board of Commissioners of the County or the County Manager of the County and the Clerk to the Board of Commissioners of the County.  An original or facsimile of the seal of the County shall be imprinted on each of the Bonds.

 

8.         The Bonds will initially be issued by means of a book-entry system with no physical distribution of bond certificates made to the public.  One bond certificate for each maturity of each series will be issued to The Depository Trust Company, New York, New York (“DTC”), and immobilized in its custody.  A book-entry system will be employed, evidencing ownership of the Bonds in principal amounts of $5,000 or integral multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC.  Interest on the Bonds will be payable to DTC or its nominee as registered owner of the Bonds in immediately available funds.  The principal of and interest on the Bonds will be payable to owners of Bonds shown on the records of DTC at the close of business on the 15th day of the month preceding an interest payment date or a bond payment date.  The County will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants.

 

If (a) DTC determines not to continue to act as securities depository for the Bonds or (b) the Finance Director for the County determines that the continuation of the book-entry system of evidence and transfer of ownership of the Bonds would adversely affect the interests of the beneficial owners of the Bonds, the County will discontinue the book-entry system with DTC.  If the County fails to identify another qualified securities depository to replace DTC, the County will authenticate and deliver replacement bonds in the form of fully registered certificates.

 

9.         The Bonds maturing on or before June 1, 2014 are not subject to redemption before maturity.  The Bonds maturing on and after June 1, 2015 are subject to redemption prior to maturity, at the option of the County, from any moneys that may be made available for such purpose, either in whole or in part on any date not earlier than June 1, 2014, at a redemption price equal to 100% of the principal amount of Bonds to be redeemed, together with interest accrued thereon to the date fixed for redemption.  The Finance Officer may alter the redemption provisions of the Bonds by a written certificate delivered on or before the date the Bonds are issued setting forth the new redemption provisions of the Bonds.

 

If less than all of the Bonds of any one maturity shall be called for redemption, the County shall select the maturity or maturities of the Bonds to be redeemed in such manner as the County in its discretion may determine and the County shall determine which of the Bonds within a maturity are to be redeemed by lot; provided, however, that the portion of any Bond to be redeemed shall be in an Authorized Denomination and that, in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by the minimum Authorized Denomination.

           

Notice of redemption shall be given by the County, not less than 30 days nor more than 60 days before the redemption date, by first class mail, postage prepaid (a) to the Local Government Commission, (b) to the then-registered owners of the Bonds or portions thereof to be redeemed at the last address shown on the registration books kept by the registrar, (c) to each of the then-existing securities depositories and (d) to at least two of the then-existing national information services.

 

The notice shall (a) state the redemption date and the redemption price, (b) identify the Bonds or portions thereof to be redeemed by reference to their numbers and (c) state that on the redemption date there shall become due and payable on each Bond or portions thereof so to be redeemed, the principal thereof, redemption premium, if any, and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue.

 

10.        The Bonds and the provisions for the registration of the Bonds and for the approval of the Bonds by the Clerk of the Local Government Commission shall be in substantially the form attached hereto as Exhibit A.

 

11.        The County covenants to take such action as may be required in the opinion of nationally recognized bond counsel to cause the Bonds and all actions of the County with respect to the proceeds thereof to comply with Internal Revenue Code of l986, as amended (the “Code”).  In particular, the County covenants as follows:

 

(a)        At least one of the following two conditions will be satisfied for the Bonds:  (1) less than 10% of the proceeds of the Bonds, reduced by costs of issuance, will be used directly or indirectly in the business of a person other than a state or local governmental unit or (2) less than 10% of the principal or interest on the Bonds will be (under the terms of such issue or any underlying arrangement) directly or indirectly (A) secured by an interest in property used or to be used in a private business or any interest in payments made with respect to such property or (B) to be derived from payments made with respect to property, or borrowed money, used or to be used in a private business;

 

(b)        Less than 5% of the proceeds of the Bonds, reduced by costs of issuance, will be used by nongovernmental persons for a use unrelated to the purposes for which the Bonds are being issued;

 

(c)        It will not loan directly or indirectly more than 5% of the proceeds of the Bonds to nongovernmental persons;

 

(d)        It will not enter into any management contract with respect to the facilities refinanced with the proceeds of the Bonds unless it obtains an opinion of nationally recognized bond counsel that such management contract will not impair the exclusion from a recipient’s gross income for federal income tax purposes of the interest on the Bonds;

 

(e)        The County acknowledges that the continued exclusion of interest on the Bonds from a recipient’s gross income for federal income tax purposes depends, in part, on compliance with the arbitrage limitations imposed by Section 148 of the Code.  The County covenants to comply with all the requirements of Section 148 of the Code, including the rebate requirements, and it shall not permit at any time any of the proceeds of the Bonds or other funds of the County to be used, directly or indirectly, to acquire any asset or obligation, the acquisition of which would cause the Bonds to be “arbitrage bonds” for purposes of Section 148 of the Code;

 

(f)         The Bonds shall not be “federally guaranteed” as defined in Section 149(b) of the Code; and

 

(g)        The County covenants to file or cause to be filed Form 8038-G in accordance with Section 149(e) of the Code.

 

12.        The portion of the proceeds of the sale of the Bonds necessary to defease and redeem the Refunded Bonds will be deposited with the Escrow Agent in an Escrow Fund created pursuant to the Escrow Agreement.  The portion of the proceeds of the sale of the Bonds necessary to pay the costs of issuance of the Bonds and the accrued interest on the Bonds will be deposited with the County.

 

The County Manager and the Finance Director of the County are hereby authorized and directed to enter into the Escrow Agreement, a form of which has been made available to the Board of Commissioners, but with such changes, modifications, additions or deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the Board of Commissioners’ approval of any and all changes, modifications, additions or deletions therein from the form and content of the Escrow Agreement presented to the Board of Commissioners, and that from and after the execution and delivery of the Escrow Agreement, the County Manager and the Finance Director are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Escrow Agreement as executed.

 

Proceeds of the Bonds to be used to pay the costs of issuance of the Bonds shall be deposited in a separate segregated account held by the County and invested and reinvested by the Finance Director as permitted by the laws of the State of North Carolina.  The Finance Director shall keep and maintain adequate records pertaining to such account and all disbursements therefrom so as to satisfy the requirements of the laws of the State of North Carolina and to assure that the County maintains its covenants with respect to the exclusion of the interest on the Bonds from gross income for purposes of federal income taxation.  To the extent any funds remain in such account on June 1, 2005, the Finance Director shall apply them to pay interest on the Bonds on that date.  The Finance Director is hereby directed to hold proceeds of the Bonds representing accrued interest in a separate, segregated account and apply amounts held in such account to pay accrued interest on the Bonds on the first interest payment date with respect to the Bonds.

 

13.        Actions taken by officials of the County to select paying and transfer agents, and a bond registrar, or alternate or successor agents and registrars pursuant to Section 159E‑8 of the Registered Public Obligations Act, Chapter 159E of the General Statutes of North Carolina, are hereby authorized and approved.

 

14.        The Local Government Commission is hereby requested to sell the Bonds through a competitive sale to the bidder whose bid results in the lowest interest cost to the County, determined on the basis of the true interest cost method.

 

15.        The Chairman of the Board of Commissioners of the County, the County Manager, the Finance Director and the Clerk to the Board of Commissioners of the County are hereby authorized and directed to cause the Bonds to be prepared and, when they shall have been duly sold by the Local Government Commission, to execute the Bonds and to turn the Bonds over to the registrar and transfer agent of the County for delivery through the facilities of DTC to the purchaser or purchasers to whom they may be sold by the Local Government Commission.

 

16.        The form and content of the Preliminary Official Statement to be dated on or about November 12, 2004 together with the final Official Statement to be dated on or about November 23, 2004 are in all respects authorized, approved and confirmed, and the Chairman of the Board of Commissioners of the County, the County Manager, the Finance Director and the Clerk to the Board of Commissioners of the County are authorized, empowered and directed to execute and deliver the Official Statement in substantially the form and content presented to the Board of Commissioners, but with such changes, modifications, additions or deletions therein as shall to the Chairman of the Board of Commissioners of the County, County Manager or the Finance Director of the County seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the approval of the Board of Commissioners of any and all changes, modifications, additions or deletions therein from the form and content of the Official Statement presented to the Board of Commissioners.

 

The form and content of the Notice of Sale and Bid Form with respect to the sale of the Bonds are in all respects authorized, approved and confirmed.

 

17.        The Chairman of the Board of Commissioners of the County, the County Manager, the Finance Director and the Clerk to the Board of Commissioners of the County are authorized and directed to execute and deliver for and on behalf of the County any and all additional certificates, documents, opinions or other papers and perform all other acts as may be required by the documents contemplated hereinabove or as may be deemed necessary or appropriate to implement and carry out the intent and purposes of this Resolution.

 

18.        The County agrees, in accordance with Rule 15c2-12 (the “Rule”) promulgated by the Securities and Exchange Commission (the “SEC”) and for the benefit of the Registered Owners and beneficial owners of the Bonds, as follows:

 

(1)        by not later than seven months after the end of each Fiscal Year, beginning with the Fiscal Year ending June 30, 2004, to provide to each nationally recognized municipal securities information repository (“NRMSIR”) and to the state information depository (“SID”), if any, for the State, in each case as designated by the SEC, the audited financial statements of the County for such Fiscal Year, if available, prepared in accordance with Section 159-34 of the General Statutes of North Carolina, as it may be amended from time to time, or any successor statute, or if such audited financial statements are not then available, unaudited financial statements of the County for such Fiscal Year to be replaced subsequently by audited financial statements of the County to be delivered within 15 days after such audited financial statements become available for distribution;

 

(2)        by not later than seven months after the end of each Fiscal Year, beginning with the Fiscal Year ending June 30, 2004, to provide to each NRMSIR and to the SID, if any, in each case as designated by the SEC, (a) the financial and statistical data as of a date not earlier than the end of the preceding Fiscal Year for the type of information included under the captions “THE COUNTY--Debt Information” and “--Tax Information” (excluding information on overlapping units) in the Official Statement referred to in Section 16 and (b) the combined budget of the County for the current Fiscal Year to the extent such items are not included in the audited financial statements referred to in clause (1) above;

 

(3)        to provide in a timely manner to each NRMSIR or to the Municipal Securities Rulemaking Board (the “MSRB”), and to the SID, if any, notice of any of the following events with respect to the Bonds, if material:

 

(a)        principal and interest payment delinquencies;

 

(b)        non-payment related defaults;

 

(c)        unscheduled draws on the debt service reserves reflecting financial difficulties;

 

(d)        unscheduled draws on any credit enhancements reflecting financial difficulties;

 

(e)        substitution of any credit or liquidity providers, or their failure to perform;

 

(f)         adverse tax opinions or events affecting the tax-exempt status of the Bonds;

 

(g)        modification to the rights of the beneficial owners of the Bonds;

 

(h)        call of any of the Bonds for redemption;

 

(i)         defeasance of any of the Bonds;

 

(j)         release, substitution or sale of any property securing repayment of the Bonds;

 

(k)        rating changes; and

 

(4)        to provide in a timely manner to each NRMSIR or to the MSRB, and to the SID, if any, notice of a failure of the County to provide required annual financial information described in (1) or (2) above on or before the date specified.

 

The County agrees that its undertaking under this Paragraph is intended to be for the benefit of the  registered owners and the beneficial owners of the Bonds and is enforceable by any of the registered owners and the beneficial owners of the Bonds, including an action for specific performance of the County’s obligations under this Paragraph, but a failure to comply will not be an event of default and will not result in acceleration of the payment of the Bonds.  An action must be instituted, had and maintained in the manner provided in this Paragraph for the benefit of all of the registered owners and beneficial owners of the Bonds.

 

The County may modify from time to time, consistent with the Rule, the information provided or the format of the presentation of such information, to the extent necessary or appropriate in the judgment of the County, but:

 

(1)        any such modification may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law or change in the identity, nature or status of the County;

 

(2)        the information to be provided, as modified, would have complied with the requirements of the Rule as of the date of the Official Statement, after taking into account any amendments or interpretations of the Rule as well as any changes in circumstances;

 

(3)        any such modification does not materially impair the interest of the registered owners or  the beneficial owners, as determined by nationally recognized bond counsel or by the approving vote of the registered owners of a majority in principal amount of the Bonds.

 

Any annual financial information containing modified operating data or financial information will explain, in narrative form, the reasons for the modification and the impact of the change in the type of operating data or financial information being provided.

 

The provisions of this Paragraph terminate on payment, or provision having been made for payment in a manner consistent with the Rule, in full of the principal of and interest on the Bonds.

 

19.        Those portions of this Resolution other than Paragraph 18 may be amended or supplemented, from time to time, without the consent of the owners of the Bonds if in the opinion of nationally recognized bond counsel, such amendment or supplement would not adversely affect the interests of the owners of the Bonds and would not cause the interest on the Bonds to be included in the gross income of a recipient thereof for federal income tax purposes.  This Resolution may be amended or supplemented with the consent of the owners of a majority in aggregate principal amount of the outstanding Bonds, exclusive of Bonds, if any, owned by the County, but a modification or amendment (1) may not, without the express consent of any owner of Bonds, reduce the principal amount of any Bond, reduce the interest rate payable on it, extend its maturity or the times for paying interest, change the monetary medium in which principal and interest is payable, or reduce the percentage of consent required for amendment or modification and (2) as to an amendment to Paragraph 18, must be limited as described therein.

 

Any act done pursuant to a modification or amendment consented to by the owners of the Bonds is binding on all owners of the Bonds and will not be deemed an infringement of any of the provisions of this Resolution, whatever the character of the act may be, and may be done and performed as fully and freely as if expressly permitted by the terms of this Resolution, and after consent has been given, no owner of a Bond has any right or interest to object to the action, to question its propriety or to enjoin or restrain the County from taking any action pursuant to a modification or amendment.

 

If the County proposes an amendment or supplemental resolution to this Resolution requiring the consent of the owners of the Bonds, the Registrar shall, on being satisfactorily indemnified with respect to expenses, cause notice of the proposed amendment to be sent to each owner of the Bonds then outstanding by first-class mail, postage prepaid, to the address of such owner as it appears on the registration books; but the failure to receive such notice by mailing by any owner, or any defect in the mailing thereof, will not affect the validity of any proceedings pursuant hereto.  Such notice shall briefly set forth the nature of the proposed amendment and shall state that copies thereof are on file at the principal office of the Registrar for inspection by all owners of the Bonds.  If, within 60 days or such longer period as shall be prescribed by the County following the giving of such notice, the owners of a majority in aggregate principal amount of Bonds then outstanding have consented to the proposed amendment, the amendment will be effective as of the date stated in the notice.

 

20.          Nothing in this Resolution shall preclude (a) the payment of the Bonds from the proceeds of refunding bonds or (b) the payment of the Bonds from any legally available funds. 

 

If the County causes to be paid, or has made provisions to pay, on maturity or on redemption before maturity, to the owners of the Bonds the principal of the Bonds (including interest to become due thereon), through setting aside trust funds or setting apart in a reserve fund or special trust account created pursuant to this Resolution or otherwise, or through the irrevocable segregation for that purpose in some sinking fund or other fund or trust account with an escrow agent or otherwise, moneys sufficient therefor, including, but not limited to, interest earned or to be earned on Federal Securities, the County shall so notify Moody’s, S&P and Fitch Ratings, and then the such Bonds shall be considered to have been discharged and satisfied, and the principal of the Bonds (including any interest thereon) shall no longer be deemed to be outstanding and unpaid; provided, however, that nothing in this Resolution requires the deposit of more than such Federal Securities as may be sufficient, taking into account both the principal amount of such Federal Securities and the interest to become due thereon, to implement any such defeasance.

 

If such a defeasance occurs and after the County receives an opinion of a nationally recognized accounting firm that the segregated moneys or Federal Securities together with interest earnings thereon are sufficient to effect a defeasance, the County shall execute and deliver all such instruments as may be necessary to effect such a defeasance and desirable to evidence such release, discharge and satisfaction.  Provisions shall be made by the County, for the mailing of a notice to the owners of the Bonds that such moneys are so available for such payment.

Upon motion of ______________, seconded by _____________, the foregoing order titled: “A Resolution of the Board of Commissioners of the County of Stokes, North Carolina, Authorizing the Issuance of Not to exceed $16,000,000 General Obligation Refunding Bonds, Series 2004 was adopted.

 

Commissioner Inman moved to adopt the Resolution of the Board of Commissioners  of the County of Stokes, North Carolina, Authorizing the Issuance of Not to Exceed $16,000,000 General Obligation Refunding Bonds, Series 2004. 

 

Commissioner Mabe seconded and the motion carried (3-0) with Vice Chairman John Turpin and Commissioner Joe Turpin absent.

 

GENERAL GOVERNMENT – PROPOSED STATE SCHOOL BUILDING BOND FUND AND STATE BUILDING CAPITAL FUND PROJECTS

 

County Manager Rick Morris presented a request from the Board of Education to approved the following State School Building Bond Fund and State Building Capital Fund Projects as outlined in the final 2004-2005 Capital Outlay Budget:

 

            State School Building Bond Fund

            South Stokes Roofing “F” Building (See State Capital Fund)      $88,770.95

            Total State School Building Bond Fund                                     $88,770.95

 

State Public School Building Capital Fund

            North Stokes “S” Building                                                       $65,250.00

            London Gym                                                                          $97,500.00

            Nancy Reynolds Gym                                                              $58,500.00

            Pine Hall GYM/Media/Office                                                    $94,500.00

            South Stokes Band Building                                                    $33,750.00

            South Stokes “F” Building(See State Bond Fund)                       $12,923.00

            Technology – NC Wise and High School Labs                            $300,00.00

            Total State School Building Capital Fund                                $662,423.00

 

County Manager Morris noted a budget amendment would submitted later in the meeting to offset a rounding error of $2 to ensure the proposed amount and the allocation of the Fiscal Year 2004/05 County Budget are equal.

 

Chairman McHugh entertained a motion to approve the submitted State School Building Bond Fund and State Building Capital Fund Projects as outlined in the final 2004-2005 Capital Outlay Budget.

 

Commissioner Inman moved to approve the submitted State School Building Bond Fund and State Building Capital Fund Projects as outlined in the final 2004-2005 Capital Outlay Budget. 

 

Commissioner Mabe seconded and the motion carried (3-0) with Vice Chairman John Turpin and Commissioner Joe Turpin absent.

 

GENERAL GOVERNMENT-HEALTH-BUDGET ORDINANCE AMENDMENT #27

 

Finance Director Julia Edwards requested the Board’s approval to re-number Budget Ordinance Amendment #25 dated October 11th to Budget Ordinance Amendment #27 due to two (2) budget ordinance amendments being numbered 25.  One (1) dated on September 27th and one (1) dated of October 11th.

 

Chairman McHugh entertained a motion to rededicate Budget Ordinance Amendment #25 dated October 11th to Budget Ordinance Amendment #27.

 

Commissioner Mabe moved to approve the rededication of Budget Ordinance Amendment #25 dated October 11th to Budget Ordinance Amendment #27. 

 

Commissioner Inman seconded and the motion carried (3-0) with Vice Chairman John Turpin and Commissioner Joe Turpin absent.

 

GENERAL GOVERNMENT-SHERIFF’S DEPARTMENT-BUDGET ORDINANCE AMENDMENT #28

           

Finance Director Julia Edwards requested the approval of Budget Ordinance Amendment #28 which is necessary to amend the General Fund for insurance claim.

The appropriations are to be changed as followed:

 

Account Number

 

EXPENDITURES

 

Decrease

 

Increase

 

 

General Fund

 

 

 

 

100.4310.351

 

Main. & Repairs Auto

 

 

 

       $1,859.00

 

 

 

 

 

 

       $1,859.00

This will result in a net increase of $1,859.00 in the appropriations of the General Fund.  To provide the additional revenue for the above, the following revenues will be increased.

 

Account Number

 

REVENUES

 

Decrease

 

Increase

100.3839.850

 

Insurance Claims

 

 

 

        $1,859.00

 

 

 

 

 

 

       $1,859.00

 

Chairman McHugh entertained a motion to approve Budget Ordinance Amendment #28.

           

Commissioner Inman moved to approve Budget Ordinance Amendment  #28.         

 

Commissioner Mabe seconded and the motion carried (3-0) with Vice Chairman John Turpin and Commissioner Joe Turpin absent.

 

GENERAL GOVERNMENT –SHERIFF’S DEPARTMENT-BUDGET ORDINANCE AMENDMENT #29

           

Finance Director Julia Edwards requested the approval of Budget Ordinance Amendment #29 which is necessary to amend the General Fund to appropriate State Fines and Forfeitures to purchase fax machine.  The appropriations are to be changed as followed:

 

Account Number

 

EXPENDITURES

 

Decrease

 

Increase

 

 

Sheriff’s Department

 

 

 

 

100.4320.510

 

Equipment-Non Capitalized

 

 

 

$175.00

 

 

 

 

  

 

$175.00

 

This will result in a net increase of $175.00 in the appropriations of the General Fund.  To provide the additional revenue for the above, the following revenues will be increased.

 

Account Number

 

REVENUES

 

Decrease

 

Increase

100.3301.413

 

State Fines & Forfeitures

 

 

 

$175.00

 

 

 

 

 

 

$175.00

 

Chairman McHugh entertained a motion to approve Budget Ordinance Amendment #29.

           

Commissioner Mabe moved to approve Budget Ordinance Amendment  #29. 

 

Commissioner Inman seconded and the motion carried (3-0) with Vice Chairman John Turpin and Commissioner Joe Turpin absent.

 

GENERAL GOVERNMENT –EMERGENCY MEDICAL SERVICES-BUDGET ORDINANCE AMENDMENT #30

           

Finance Director Julia Edwards requested the approval of Budget Ordinance Amendment #30 which is necessary to amend the Capital Reserve Fund to appropriate transfer from Capital Reserve to General Fund for the purchase of ambulances budgeted in the 2004-05 Budget. The appropriations are to be changed as followed:

 

Account Number

 

EXPENDITURES

 

Decrease

 

Increase

 

 

Social Services

 

 

 

 

201.4370.010

 

Emergency Medical Supplies

 

   $25,000.00 

 

 

201.9810.000

 

Transfer to General Fund

 

 

 

$25,000.00

 

 

 

 

  $25,000.00

 

$25,000.00

 

This will result in a net increase of $.00 in the appropriations of the Capital Reserve Fund..

 

Chairman McHugh entertained a motion to approve Budget Ordinance Amendment #30.

           

Commissioner Inman moved to approve Budget Ordinance Amendment  #30. 

 

Commissioner Mabe seconded and the motion carried (3-0) with Vice Chairman John

 

Turpin and Commissioner Joe Turpin absent.

 

GENERAL GOVERNMENT –STOKES COUNTY SCHOOLS-BUDGET ORDINANCE AMENDMENT #31

           

Finance Director Julia Edwards requested the approval of Budget Ordinance Amendment #31, which is necessary to amend the General Fund to appropriate funds from Public School Building Capital Fund and the State Bond Funds for roofing projects.

These appropriations are to be changed as follows:

 

Account Number

 

EXPENDITURES

 

Decrease

 

Increase

 

 

Schools

 

 

 

 

100.5912.001

 

Public School Building Capital Fund

 

 

 

$1.00

100.5912.003

 

State Bond Funds

 

 

 

      $1.00

 

 

 

 

 

 

$2.00

 

This will result in a net increase of $2.00 in the appropriations of the General Fund.

To provide the additional revenue for the above, the following revenues will be increased.

 

Account Number

 

REVENUES

 

Decrease

 

Increase

100.3328.000

 

Public School Building Capital Fund

 

 

 

$1.00

100.3328.100

 

State Bond Funds

 

 

 

$1.00

 

 

 

 

 

 

$2.00

 

Chairman McHugh entertained a motion to approve Budget Ordinance Amendment #31.

           

Commissioner Mabe moved to approve Budget Ordinance Amendment  #31. 

 

Commissioner Inman seconded and the motion carried (3-0) with Vice Chairman John Turpin and Commissioner Joe Turpin absent.

 

GENERAL GOVERNMENT –SHERIFF’S DEPARTMENT -BUDGET ORDINANCE AMENDMENT #32

           

Finance Director Julia Edwards requested the approval of Budget Ordinance Amendment #32, which is necessary to amend the General Fund to appropriate funds from a Wal-Mart Grant to purchase cameras, printer, etc.  The appropriations are to be changed as followed:

 

Account Number

 

EXPENDITURES

 

Decrease

 

Increase

 

 

Sheriff’s Department

 

 

 

 

100.4310.511

 

Equipment Non Capitalized

 

 

 

$850.00

 

 

 

 

 

 

$850.00

 

This will result in a net increase of $850.00 the appropriations of the General Fund.

To provide the additional revenue for the above, the following revenues will be increased.

 

Account Number

 

EXPENDITURES

 

Decrease

 

Increase

100.3839.001

 

Sheriff’s Dept- Miscellaneous

 

 

 

$850.00

 

 

 

 

 

 

$850.00

 

Chairman McHugh entertained a motion to approve Budget Ordinance Amendment #32.

 

Commissioner Inman moved to approve Budget Ordinance Amendment  #32. 

 

Commissioner Mabe seconded and the motion carried (3-0) with Vice Chairman John Turpin and Commissioner Joe Turpin absent.

 

Vice Chairman John Turpin and Commissioner Joe Turpin entered the meeting at 8:00 pm.

 

GENERAL GOVERNMENT-GOVERNING BODY-PROPOSED WORK FIRST FISCAL YEAR 2005-2007 PLAN  

 

Chairman Sandy McHugh presented the proposed Work First Fiscal Year 2005-2007 Plan for the Board’s consideration.

 

Chairman McHugh noted the following two corrections to the proposed plan:

 

·         Change the dates on title page from 2005-2006 to 2005 to 2007

·         Eliminate pages 102 and 103 (duplication)

 

Commissioner Mabe moved to insert the wording (Forsyth County) page 6 paragraph #3 after the wording “King”. 

 

Vice Chairman John Turpin seconded and the motion carried unanimously.

 

Chairman McHugh entertained a motion to adopt the submitted Work First Fiscal Year 2005-2007 Plan as amended.

 

Commissioner Joe Turpin moved to adopt the submitted Work First Fiscal Year 2005-2007 Plan as amended.  

 

Vice Chairman John Turpin seconded and the motion carried unanimously. 

 

(A copy of the approved Work First Fiscal Year 2005-2007 will be maintained in the Clerk to the Board’s office)

 

GENERAL GOVERNMENT-ADMINISTRATION – PROPOSED MERIT PROGRAM AND SCORING SYSTEM

 

County Manager Rick Morris presented the following proposed Scoring System for the proposed Employee Special Achievement (SAA) Award to the Board for their consideration:

 

Score Sheet For Stokes County Employee Special Achievement Award (SAA)

Purpose:  The purpose of this form is to assist the SAA Selection Committee in the objective evaluation of award nomination packages to support selection of county employees (individuals or teams) for one-time special monetary recognition based on meritorious performance.

 

Instructions:  Each panel member should carefully read each award nomination package and then complete one score sheet for each package.   Scores will then be tallied and a total score for each award package will be provided to the panel.  Next an informal discussion among the panel members will occur and a final decision will be made on how many awards will be given and what dollar amounts will go to each award recipient.   For those receiving awards, the award package and score sheets will be forwarded to the County Manager where a personnel action will be generated for one-time payment of the award. 

 

Please answer first question and assign a numerical score from 1 to 10 (with 1 being the lowest/worst and 10 the highest/best) for questions 2 through 5 below and provide any additional relevant comments in the “remarks” section:

 

  1. In your view does this achievement warrant special award consideration? (yes/no) If answer is “no” do not continue and return package to originator.
  2. Is the award recommendation package prepared as specified and does it contain the necessary factual information to make an adequate evaluation of the special achievement? score:_____
  3. Is the achievement highly unusual for the grade level of the employee and/or does the achievement clearly exceed the normal expectations of the nominee’s position?  score: _____
  4. What level of savings (monetary or other resources) is generated by this achievement? score:_____
  5. What is the level of any indirect benefits realized by the County or its citizens from this achievement? score:______

 

Total Score: ____/ 40 Points = _____  %

 

Remarks:

 

Approved Amount of Award : $ ___________  Name of Panel Member: ____________

 

The Board discussed the proposed scoring system for the proposed Special Achievement Program.

 

Chairman McHugh entertained a motion to approve the proposed final submitted Special Achievement Program and Scoring System.

 

Vice Chairman John Turpin moved to approve the final submitted Special Achievement Program and Scoring System.

 

Commissioner Joe Turpin seconded and the motion carried unanimously.

           

GENERAL GOVERNMENT-ADMINISTRATION-THIRD FLOOR RENOVATIONS - UPDATE

 

County Manager Rick Morris presented the Board with an update on the following office moves and associated costs:

            Phase I

o        Fire Marshal and EMS to third floor of Administration Building

o        Elections to current Fire Marshal and EMS offices

o        Veterans Affairs to office near main entrance of Government Center

currently used by EMS

o        Recreation Office/YMCA to Paces Building

o        Relocation of office currently used by Sheriff/Explorer Group to storage room used by election

o        Total estimated cost = $143,700.00

 

Phase II

o        Communications to third floor Administrative Building

o        Planning and Environmental Health to current Communications Building

o        Total estimated cost = $37,636.00

 

Other possible costs

o        Third floor Telephone estimated cost = $4,700.00

o        Third floor shelving estimated cost = $2,500.00

o        Ambulance Electrical Hookup = $500.00

o        Elections (moving filing cabinet) = $1,000.00

o        New raised flooring (Communications, etc) = $12,500.00

 

County Manager Morris explained each Phase, which maximizes the use of in house labor to move furniture, computers, etc. and not hire a professional mover.

 

County Manager Morris concluded that Phase I & II would free up space that could possibly be made available to the Court System.  Manager Morris noted that the County has been in contact with the State Administrative Office of the Courts who has agreed to help

the County define what would be adequate facilities for the Court System.  Manager Morris discussed the requests that had been made by Judge Oliver for additional space.  Manager Morris also noted the forming of a special committee (Chaired by Manager Morris) to determine needed space for the Court System. This committee will be a sub-committee under the Stokes County Criminal Justice Council which is headed by Judge Massey.

 

The Board discussed the proposed Phase I and II.

 

Chairman McHugh entertained a motion to approve the County Manager’s submitted office moves (no funding will be approved with this motion-budget amendments will follow after bidding).

 

Commissioner Inman moved to table for further discussion and requested current configuration of existing staff location, staff location after moves, and the amount of freed up space. 

 

Commissioner Joe Turpin seconded the motion.

 

Vice Chairman John Turpin requested additional information concerning feasibility of placing Emergency Medical Services on the third floor.

 

After Board discussion, Commissioner Inman amended his motion to postpone further discussion until the second meeting in November. 

 

Commissioner Joe Turpin amended his second.

 

The motion to postpone the offices moves until the second meeting in November carried unanimously.

 

GENERAL GOVERNMENT – PURCHASING –PROPOSED COPIER RENTAL/LEASE

 

Support Services Supervisor Danny Stovall presented the following proposed informal quotes to provide the County with a 36-month copier rental program for eighteen (18) new digital copiers for Administration, Tax Department, Register of Deeds, Government Center, District Attorney, Social Services, Home Health, E911 Communications, Health Department, Arts Council, Senior Services, Landfill/Animal Shelter, Natural Resources, Cooperative Extension, Danbury Public Library, Walnut Cove Public Library and King Public Library:

 

            Technocom – Colfax, North Carolina - Mita Copiers               

            Fixed Copier Cost                                          $2,268.00

            Services Cost (93,000 x .008)                         $744.00

            Base Monthly Cost                                         $3,012.00 or .032387 per copy

            Cost for all copiers over 93,000 will be invoiced at .0085

 

            Triad Business Solutions – Winston Salem, North Carolina – Sharp Copiers

            Fixed Copier Cost                                         $2,280.00

            Services Cost (90,000 x .009)                        $810.00

            Base Monthly Cost                                        $3,090.00 or .034333 per copy

            Cost for all copiers over 90,000 will be invoiced at .009

 

            Kelly Office Machines – Winston Salem, North Carolina – Minolta Copiers

            Fixed Copier Cost                                      $2,454.36

            Services Cost (90,000 x .0095)                   $855.00

            Base Monthly Cost                                     $3,309.36 or .036771 per copy

            Cost for all copiers over 93,000 will be invoiced at .0095

 

            McRae Office Solutions – Mount Gilead, North Carolina – Toshiba Copiers

Fixed Copier Cost                                      $2,850.00

            Services Cost (90,000 x .0079)                   $711.00

            Base Monthly Cost                                     $3,561.00 or .039567 per copy

            Cost for all copiers over 90,000 will be invoiced at .0079

 

            Ikon Office Solutions – Greensboro, North Carolina – Ricoh Copiers

            Cost for all copiers over 90,000 will be invoiced at .014

 

            Option I

Fixed Copier Cost                                   $3,020.79

            Services Cost (90,000 x .0113)                $1,017.00

            Base Monthly Cost                                  $4,037.79 or .044864 per copy

           

            Option II

Fixed Copier Cost                                   $2,509.75

            Services Cost (90,000 x .0113)                $1,017.00

            Base Monthly Cost                                  $3,526.75 or .039186 per copy

 

            Option III

Fixed Copier Cost                                   $3,228.88

            Services Cost (90,000 x .0113)                $1,017.00

            Base Monthly Cost                                  $4,245.88 or .047176 per copy

 

Mr. Stovall noted that all rental programs are for a fixed number for copiers.  Service charge includes all costs for toner, PM Kits, drums, developer, etc; maintain copiers, and will be invoiced on a per copy usage charge.  Mr. Stovall presented additional information containing copier specifications.

 

The Board discussed copier specifications and vendor service.

 

Chairman McHugh moved to accept the Triad Business Solutions for copier service for Stokes County.          

 

Commissioner Mabe seconded and the motion carried unanimously.

 

GENERAL GOVERNMENT-LEGAL- COMMUNICATIONS TOWER-BOOTH MOUNTAIN - UPDATE

 

County Attorney Jonathan Jordan updated the Board concerning the line item cost analysis ($225,000) from Verizon concerning the Telecommunication Tower recently constructed on Booth Mountain.  Attorney Jordan noted the requested Rent abatement

amount ($209,000) from Verizon was approved at the October 11th meeting upon receipt of an itemized cost analysis.

 

Attorney Jordan noted per the Board’s direction, $209,000 is the amount that will be set as the Rent Abatement Amount for Section #4 of the contract for the Replacement Telecommunications Tower.

 

Attorney Jordan concluded that all conditions of the contract have been met.

 

GENERAL GOVERNMENT-ADMINISTRATION – SCATTERED SITE HOUSING GRANT PROGRAM- PROCUREMENT ISSUE- UPDATE

 

County Manager Rick Morris informed the Board that information from the State for securing bids for the Scattered Site Housing Program had been turned over to Support Services Supervisor Danny Stovall.  Mr. Stovall noted that bid packages would be

sent out shortly and returned to the Board as soon as possible.

 

GENERAL GOVERNMENT-ADMINISTRATION-TUITION REIMBURSEMENT

 

Clerk to the Board Darlene Bullins requested the Board’s approval for the following tuition reimbursement:

 

o        Derek Hughes – EMT Paramedic =$230.76

o        Carrie Shore – EMT Paramedic =$71.00

 

 

Chairman McHugh entertained a motion to approve the submitted reimbursement requests for tuition reimbursement for Derek Hughes and Carrie Shore.

 

Vice Chairman John Turpin moved to approve the submitted reimbursement requests for tuition reimbursement for Derek Hughes and Carrie Shore.

 

Commissioner Joe Turpin seconded and the motion carried unanimously.

 

GENERAL GOVERNMENT – ADMINISTRATION-YMCA-SATELLITE OFFICE

 

County Manager Rick Morris requested the Board’s approval to proceed with the movement of the Recreation offices to the Paces Building.  YMCA will requesting the Board’s approval to place a Satellite YMCA Program in the Paces Building.

 

Chairman McHugh entertained a motion to approve the County Manager’s request to move the Recreation staff to the Paces Building.

 

Commissioner Mabe moved to approve the motion to approve the County Manager’s request to move the Recreation staff to the Paces Building. 

 

Commissioner Inman seconded and the motion carried unanimously.

 

GENERAL GOVERNMENT – ADMINISTRATION-INTERIM HEALTH DIRECTOR’S POSITION-SALARY

 

County Manager Rick Morris requested the Board’s guidance concerning the three individuals who had been placed in charge of specific areas of the Health Department after Health Director Steve Smith’s resignation.  Ms. Rebecca Warren had been placed as

acting Interim Director with PHN I Supervisor Erma Perks overseeing the Clinic areas and Kim Sutton overseeing Environmental Health.  Manager Morris noted the added responsibilities that had been taken on by PHN I Supervisor Erma Perkins. 

 

Manager Morris noted that Ms. Warren had been the only one being paid extra compensation.

 

The Board discussed different options concerning the acting “Interim Directors”.

 

Chairman McHugh moved to postpone this issue until the next meeting and requested that the County Manager provide the Board with additional information on percentages paid other individuals in the past that have assumed “interim” department head

positions. 

 

Vice Chairman John Turpin seconded and the motion carried unanimously.

 

GENERAL GOVERNMENT – ADMINISTRATION-PUMP STATION

 

County Manger Rick Morris updated the Board on the status of the pump station which was damaged by the flooding.

           

CLOSED SESSION

 

Chairman McHugh moved to enter into Closed Session to consult with an attorney employed or retained by the Public Body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged, and to

consider and give instructions to an attorney concerning the handling or settlement of a claim judicial action, mediation, arbitration, or administrative procedure pursuant to G.S. 143-318.111(3). 

 

Commissioner Inman seconded and the motion carried unanimously.

 

The Board entered back into the regular session of the October 25th meeting.

           

There being no further business to come before the Board, Vice Chairman John Turpin moved to adjourn the meeting. 

 

Commissioner Inman seconded and the motion carried (4-1) with Commissioner Joe Turpin voting against the motion.

 

 

_________________________                                  _____________________________

Darlene Bullins                                                            Sandy McHugh

Clerk to the Board                                                       Chairman