STATE OF NORTH CAROLINA ) OFFICE OF THE COMMISSIONERS

) STOKES COUNTY GOVERNMENT

COUNTY OF STOKES ) DANBURY, NORTH CAROLINA

) APRIL 11, 2005

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, April 11, 2005 at 7:00 pm with the following members present:

Chairman John Turpin

Vice-Chairman Leon Inman

Commissioner Sandy McHugh

Commissioner Joe Turpin

Commissioner Jimmy Walker

County Manager Richard Morris

County Attorney Jonathan Jordan

Clerk to the Board Darlene Bullins

Assistant Finance Director Lisa Lankford

DSS Director Jan Spencer

Emergency Services Director Monty Stevens

Fire Marshal Brad Cheek

Public Works Director Jay Kinney

Support Services Supervisor Danny Stovall

Chairman John Turpin called the meeting to order.

Commissioner Walker delivered the invocation.

GENERAL GOVERNMENT-GOVERNING BODY-PLEDGE OF ALLEGIANCE

Chairman John Turpin opened the meeting by inviting the citizens in attendance to join the Board with the Pledge of Allegiance. Extension Agent April Bowman and the following members of the School Skippers 4-H Club of Walnut Cove led the Pledge of Allegiance:

Lorie Booze (leader of the School Skippers 4-H Club)

Erik Booze (future 4-H’er)

Emily, Audrey and Sarah Booze

Tyler, Emily and Amanda Wilson

The members of the School Skippers 4-H also recited the 4 H pledge.

Chairman John Turpin expressed the Board’s appreciation to the 4-H’ers for their participation in tonight’s meeting.

GENERAL GOVERNMENT –GOVERNING BODY-APPROVAL OF MINUTES

Chairman John Turpin entertained a motion to approve or amend the minutes of the March 28th meeting.

Commissioner McHugh moved to approve the March 28^th minutes.

Commissioner Joe Turpin seconded and the motion carried unanimously.

PUBLIC COMMENTS

No public comments

GENERAL GOVERNMENT – SOCIAL SERVICES-PROPOSED RESOLUTION- APRIL IS CHILD ABUSE PREVENTION MONTH

DSS Director Jan Spencer requested the Board’s approval for the following proposed Resolution –April is Child Abuse Prevention Month.

STOKES COUNTY

RESOLUTION

APRIL IS CHILD ABUSE PREVENTION MONTH

WHEREAS: Our children represent our greatest hope for the future and adults in Stokes County should be the protectors, role models, heroes and heroines to our children; and yet 565 children were reported last year as allegedly abused or neglected in Stokes County; of those, 146 were found to be abused, neglected, or dependent; and

WHEREAS: Child abuse and neglect claims the innocence of vulnerable young children and causes long-lasting damage to a child’s physical, emotional, and cognitive well-being; and

WHEREAS: Scientific studies have shown that child abuse and neglect contribute to serious societal problems, including juvenile delinquency, teen pregnancy; depression, alcoholism, drug abuse, severe obesity, and mental illness; and

WHEREAS: It is the moral responsibility of every citizen to report suspected acts of abuse, neglect, and maltreatment to the Stokes County Department of Social Services (336-593-2861 or 1-800-672-2851); furthermore, citizens are urged to support efforts that promote a safe and nurturing environment in which families can best raise their children; and

WHEREAS: The prevention of child abuse and related problems relies on strong partnerships among organizations such as SCAN, Stokes Friends of Youth, Stokes County Juvenile Crime Prevention Council, Hope Ridge, Stokes Partnership for Children and Families; businesses, law enforcement, and government agencies such as the Stokes County Department of Social Services, and their full cooperation at the local, State, and federal levels; and

WHEREAS: Stokes County is committed to building stronger families by making

strong families friendly policies and decisions and by making sound investments by making sound investments in initiatives and programs that seek to reduce and ultimately end child abuse and neglect, and all citizens are urged to join in the efforts to reduce the incidence of child abuse and its effects on our society;

Now, therefore, We, the Commissioners of the County of Stokes, NC, do hereby proclaim April 2005 as CHILD ABUSE PREVENTION MONTH in Stokes County and we call upon the citizens to join us in allowing our precious children, our future, to grow up in Stokes County free from child abuse and neglect.

Adopted this 11^th day of April 2005.

_________________________

John M. Turpin

Chairman

__________________________

Darlene M. Bullins

Clerk to the Board

DSS Director Jan Spencer noted the following:

· 565 children were reported last year as allegedly abused or

neglected in Stokes County

· 146 children were found to be abused, neglected, or dependent

Chairman John Turpin entertained a motion to approve the submitted Resolution – April is Child Abuse Prevention Month.

Commissioner Joe Turpin moved to approve the submitted Resolution – April is Child Abuse Prevention Month.

Commissioner McHugh seconded the motion.

Commissioner McHugh moved to amend the motion to insert the following:

Original

WHEREAS: Stokes County is committed to building stronger families by

making sound investments in initiatives and programs that seek to reduce and

ultimately end child abuse and neglect, and all citizens are urged to join in the

efforts to reduce the incidence of child abuse and its effect on our society;

Amended to include:

WHEREAS: Stokes County is committed to building stronger families by making

strong family friendly policies and decisions and by making sound investments in initiatives and programs that seek to reduce and ultimately end child abuse and neglect, and all citizens are urged to join in the efforts to reduce the incidence of child abuse and its effect on our society;

Commissioner Joe Turpin seconded the amendment and the amendment to the motion carried unanimously.

The amended motion carried unanimously.

DSS Director Spencer presented each Board member with a “blue ribbon” to wear to represent “Blue Ribbon for Kids Campaign” which symbolizes the support of child abuse prevention efforts.

GENERAL GOVERNMENT –EMERGENCY MANAGEMENT- PROCLAMATION OF STATE DISASTER BY THE GOVERNOR OF THE STATE OF NORTH CAROLINA

Emergency Management Director Monty Stevens presented the Proclamation of State Disaster by the Governor of the State of North Carolina, which includes Stokes County as a result of Tropical Storm Jeanne on September 20, 2004 that caused extensive damage to an elementary school and other public facilities and infrastructure in Stokes County. This Proclamation declares Stokes County eligible to apply for funding (75% state and 25% matching County).

Director Stevens stated that after discussion with the State, Stokes County only qualifies for two categories (A) debris removal and (B) Emergency Protection Actions (which is getting citizens out of harm’s way). The debris removal was done by County staff which resulted in approximately $3100 of labor costs. Director Stevens has inquired to the State as to whether debris removal by County staff and clean up at the local elementary school can be considered. At the current time, Director Stevens does not have a definite answer from the State.

Director Stevens requested the Board’s guidance concerning making an application to the State for funding if debris removal by County staff and clean up at the elementary school could be covered.

Commissioner McHugh moved to approve the motion to pursue whatever funding is available from the State to reimburse the County for this event.

Vice Chairman Inman seconded and the motion carried unanimously.

GENERAL GOVERNMENT –ADMINISTRATION – PROPOSED RESOLUTION –AUTHORIZING FINANCING WITH RBC CENTURA

Support Services Supervisor Danny Stovall requested the Board’s approval for the following proposed Resolution which authorizes financing from RBC Centura for the installment purchase agreement that was approved at the March 28^th meeting:

RESOLUTION

The Governing Body for the County of Stokes, North Carolina, held a regular meeting at the Ronald Wilson Reagan Memorial Building (Administration Building), the regular place of meeting, on April 11, 2005, at 7:00 p.m.

Present: ______________________________________________________________

Absent: _______________________________________________________________

Also Present: ____________________________________________________

* * * * *

____________________________introduced the following resolution, which was read:

RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT FINANCING CONTRACT IN THE AMOUNT OF $662,577.00 WITH RBC CENTURA BANK TO FINANCE THE ACQUISITION OF CERTAIN EQUIPMENT FOR USE BY THE COUNTY OF STOKES, NORTH CAROLINA, AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH

BE IT RESOLVED by the Governing Body for the County of Stokes, North Carolina (the “Unit”):

The governing body of the Unit does hereby find and determine:

The County of Stokes proposes the acquisition of certain equipment, which may include fixtures as more fully described in the hereinafter mentioned Contract (collectively, the “Equipment”);

After consideration, the governing body of the Unit has determined that the most advantageous manner of financing thereof is by an installment contract pursuant to Section 160A-20 of the General Statutes of North Carolina, as amended;

Pursuant to Section 160A-20, the Unit is authorized to finance the acquisition of personal property, including fixtures, by installment contracts that create a security interest in the property financed to secure repayment of the financing; and

RBC Centura Bank (“RBC Centura”) has proposed that RBC Centura enter into an Installment Financing Contract with the Unit to finance the Equipment pursuant to which RBC Centura will lend the Unit the amount of $662,577.00 (the “Contract”) and a related Escrow Agreement between the Unit and RBC Centura (the “Escrow Agreement”).

The Governing Body of the Unit hereby authorizes and directs the Authorized Officer, County Manager, to execute, acknowledge and deliver the Contract and Escrow Agreement on behalf of the Unit in such form and substance as the person executing and delivering such instruments on behalf of the Unit shall find acceptable. The Clerk is hereby authorized to affix the official seal of the County of Stokes to the Contract and the Escrow Agreement and attest the same.

The proper officers of the Unit are authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this Resolution and the Contract and the Escrow Agreement.

Notwithstanding any provision of the Contract or the Escrow Agreement, no deficiency judgment may be rendered against the Unit in any action for breach of a contractual obligation under the Contract or the Escrow Agreement and the taxing power of the Unit is not and may not be pledged directly or indirectly to secure any moneys due under the Contract, the security provided under the Contract being the sole security for RBC Centura in such instance.

The Unit covenants that, to the extent permitted by the Constitution and laws of the State of North Carolina, it will comply with the requirements of the Internal Revenue Code of 1986, as amended (the “Code”) as required so that interest on the Unit’s obligations under the Contract will not be included in the gross income of RBC Centura.

The Unit hereby represents that it reasonably expects that it, all subordinate entities thereof and all entities issuing obligations on behalf of the Unit will issue in the aggregate less than $10,000,000 of tax-exempt obligations, including the Contract (not counting private-activity bonds except for qualified 501(c)(3) bonds as defined in the Code) during calendar year 2005. In addition, the Unit hereby designates the Contract and its obligations under the Contract as a “qualified tax-exempt obligation” for the purposes of the Code.

This Resolution shall take effect immediately upon its passage.

Upon motion of ___________________, seconded by __________________, members of the Governing Body, the foregoing resolution entitled “RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT FINANCING CONTRACT IN THE AMOUNT OF $662,577.00 WITH RBC CENTURA BANK TO FINANCE THE ACQUISITION OF CERTAIN EQUIPMENT, AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH” was passed by the following vote:

Ayes:

Nays:

PASSED AND ADOPTED this 11^th day of April 2005.

* * * * *

I, Darlene Bullins, Clerk for the County of Stokes, North Carolina DO HEREBY CERTIFY that the foregoing has been carefully copied from the actually recorded minutes of the governing body of said County of Stokes at a regular meeting held on April 11^th, 2005, the record having been made in the minutes of said governing body, and is a true copy of so much of said minutes as relates in any way to the passage of a resolution providing for the authorization of the Installment Financing Contract referred to therein.

I DO HEREBY FURTHER CERTIFY that a schedule, stating that the regular meetings of the Board of Commissioners are held on the second and fourth Monday of each month at 7:00 p.m., respectively, at the Ronald Wilson Reagan Memorial Building (Administration Building, 1014 Main Street, Danbury, North Carolina, was on file with me for at least seven calendar days prior to said meeting, all in accordance with G.S. 143-318.12.

WITNESS my hand and corporate seal of said County of Stokes, this 11th day of

April 2005.

Clerk, County of Stokes

[SEAL]

Original Loan Amount: $662,577.00

Loan Date: April ___, 2005

Mr. Stovall stated that the loan closing date has been set for April 29, 2005.

Commissioner Joe Turpin requested information concerning Southern Community Bank not receiving an invitation to bid on this installment financing.

Mr. Stovall stated that this service bid is not required by General Statute to be advertised and that Southern Community Bank had not requested to receive bid of this nature. Mr. Stovall requested Commissioner Joe Turpin to have Southern Community Bank call and be placed on the list to receive bids of this nature.

Commissioner Joe Turpin suggested that all banks within the County be given an opportunity to bid.

Chairman John Turpin entertained a motion to approve the submitted Resolution to authorize financing from RBC Centura pertaining to the installment purchase agreement.

Commissioner McHugh moved to approve the submitted Resolution which authorizes financing from RBC Centura for the installment purchase agreement.

Vice Chairman Inman seconded and the motion carried unanimously.

GENERAL GOVERNMENT –ADMINISTRATION – SURPLUS REFUSE TRUCKS

Support Services Director Danny Stovall presented the Board with a $15,000 (total $30,000) offer for each refuse truck from Mr. Mark Powell, Carolina Environmental Systems, Inc to purchase the following to old refuse trucks from the County:

· 1993 Mack MR690S chassis with a Heil Refuse Body

· 1994 Mack MR690S chassis with a Heil Refuse Body

Mr. Stovall noted that NC General Statute 153A-176, 160A-266, and 160A-267 permits the County to sell such property by private sale upon the authorization by the Board of Commissioners.

Resolution authorizing sale of personal property worth less than $30,000.00

(G.S. 160A-266; 267)

WHEREAS, The County of Stokes owns 2 old front-loading refuse trucks that have become surplus and the County has received an offer of $15,000.00 per vehicle from Mr. Mark Powell, Carolina Environmental Systems, Inc., 2750 Hwy 66 South, Kernersville North Carolina 27284 and;

WHEREAS, North Carolina General Statute, 153A-176, 160A-266 and 160A-267 permits the County to sell such property by private sale, upon authorization by the Board of Commissioners at a regular meeting and notice to the public; and

WHEREAS, the Board of Commissioners is convened in a regular meeting;

THEREFORE, THE BOARD OF COMMISSIONERS OF STOKES COUNTY RESOLVES THAT:

1. The Board of Commissioners authorizes the Support Services Supervisor to sell by private sale the following surplus vehicles to Mr. Mark Powell, Carolina Environmental Systems, Inc., 2750 Hwy 66 South, Kernersville North Carolina 27284.

1993 Mack MR690S, 1M2K185C7PM005332, with a Heil refuse body

1994 Mack MR690S, 1M2K185CXRM005716 with a Heil refuse body

2. The Clerk to the Board of Commissioners shall publish a notice summarizing this resolution, and no sale may be executed pursuant to this resolution until at least ten (10) days after the day the notice is published

Adopted this the 11^th day of April 2005.

__________________________ ________________________

Clerk to the Board Chairman

Chairman John Turpin entertained a motion to approve the Resolution Authorizing Sale of Personal Property Worth Less than $30,000.00 (G.S. 160A-266:267) in order to sell the two old refuse trucks to Mr. Mark Powell, Carolina Environmental Systems, Inc.

Vice Chairman Inman moved to approve Resolution Authorizing the Sale of Personal Property Worth Less than $30,000.00 (G.S. 160A-266; 267).

Commissioner Joe Turpin seconded and the motion carried unanimously.

GENERAL GOVERNMENT – SOCIAL SERVICES- BUDGET ORDINANCE AMENDMENT #102

Assistant Finance Director Lisa Lankford (Finance Director Julia Edwards absent) requested the approval of Budget Ordinance Amendment #102 which is necessary to amend the General Fund to appropriate funds from CAP-C and CAP-DA for in-home services for adults and children. The appropriations are to be changed as followed:

Account Number	EXPENDITURES	Decrease	Increase
	Social Services
100.5310.083	CAP-C and CAP-DA		$10,000.00
			$10,000.00

This will result in a net increase of $10,000.00 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
100.3540.420	Medicaid-CAP-C and CAP-DA		$10,000.00
			$10,000.00

Chairman John Turpin entertained a motion to approve Budget Ordinance Amendment #102.

Commissioner Joe Turpin moved to approve Budget Ordinance Amendment #102.

Commissioner McHugh seconded and the motion carried unanimously.

GENERAL GOVERNMENT – SENIOR SERVICES- BUDGET ORDINANCE AMENDMENT #103

Assistant Finance Director Lisa Lankford (Finance Director Julia Edwards absent) requested the approval of Budget Ordinance Amendment #103 which is necessary to amend the General Fund to appropriate funds from client donations to be used for Elderly and Disabled Clients. The appropriations are to be changed as followed:

Account Number	EXPENDITURES	Decrease	Increase
	Senior Services
100.5860.441	Misc. Contractual Services-EDTAP		$225.00
			$225.00

This will result in a net increase of $225.00 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
100.3586.454	Elderly & Disabled Client Donations		$225.00
			$225.00

Chairman John Turpin entertained a motion to approve Budget Ordinance Amendment #103.

Commissioner McHugh moved to approve Budget Ordinance Amendment #103.

Vice Chairman Inman seconded and the motion carried unanimously.

GENERAL GOVERNMENT – SHERIFF’S DEPARTMENT- BUDGET ORDINANCE AMENDMENT #104

Assistant Finance Director Lisa Lankford (Finance Director Julia Edwards absent) requested the approval of Budget Ordinance Amendment #104 which is necessary to amend the General Fund to appropriate State Fines and Forfeitures to purchase Two (2) Beretta 96FS Police Special, 40 Cal Guns. The appropriations are to be changed as followed:

Account Number	EXPENDITURES	Decrease	Increase
	Sheriff’s Department
100.4310.511	Equipment Non-Capitalized		$1,050.00
			$1,050.00

This will result in a net increase of $1,050.00 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		$1,050.00
			$1,050.00

Chairman John Turpin entertained a motion to approve Budget Ordinance Amendment #104.

Commissioner McHugh moved to approve Budget Ordinance Amendment #104.

Commissioner Joe Turpin seconded and the motion carried unanimously.

GENERAL GOVERNMENT – GOVERNING BODY- BUDGET ORDINANCE AMENDMENT #105

Assistant Finance Director Lisa Lankford (Finance Director Julia Edwards absent) requested the approval of Budget Ordinance Amendment #105 which is necessary to amend the General Fund to transfer funds to pay travel expenses for the Stokes County Adult Care Home Community Advisory Committee approved at the March 28, 2005 Board of County Commissioners’ meeting. The appropriations are to be changed as followed:

Account Number	EXPENDITURES	Decrease	Increase
	Governing Body
100.5830.694	NWPCOG		$360.00
100.9910.000	Contingency	$360.00
		$360.00	$360.00

This will result in a net increase of $00.00 in the appropriations of the General Fund.

Chairman John Turpin entertained a motion to approve Budget Ordinance Amendment #105.

Commissioner Joe Turpin moved to approve Budget Ordinance Amendment #105.

Commissioner Walker seconded and the motion carried unanimously.

GENERAL GOVERNMENT – SOLID WASTE DEPARTMENT - BUDGET ORDINANCE AMENDMENT #106

Assistant Finance Director Lisa Lankford (Finance Director Julia Edwards absent) requested the approval of Budget Ordinance Amendment #106 which is necessary to amend the General Fund to appropriate funds from the sale of used oil at the Solid Waste Sites to purchase gravel for the road to the White Goods Building and C& D Boxes. The appropriations are to be changed as followed:

Account Number	EXPENDITURES	Decrease	Increase
	Solid Waste Department
100.4720.353	Maint. & Repairs -Site		$1,413.00
			$1,413.00

This will result in a net increase of $1,413.00 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
100.3472.000	Solid Waste Fees		$1,413.00
			$1,413.00

Chairman John Turpin entertained a motion to approve Budget Ordinance Amendment #106.

Commissioner Joe Turpin moved to approve Budget Ordinance Amendment #106.

Commissioner McHugh seconded and the motion carried unanimously.

GENERAL GOVERNMENT – COMMUNITY ADVISORY COMMITTEE – APPOINTMENTS

Clerk to the Board Darlene Bullins informed the Board that Ms. Belinda Shore who was nominated at the March 28^th meeting had accepted to serve on the Adult Care Home Community Advisory Committee.

Chairman John Turpin entertained a motion to appoint Ms. Belinda Shore to serve on the Stokes County Adult Home Community Advisory Committee.

Commissioner McHugh moved to appoint Ms. Belinda Shore to serve on the Stokes

County Adult Home Community Advisory Committee. Commissioner Joe Turpin seconded

and the motion carried unanimously.

GENERAL GOVERNMENT – GOVERNING BODY– KING BUILDING-UPDATE

County Manager Rick Morris informed the Board that the cement work scheduled at the King Building, which was approved by the Board, has been on hold due to the weather.

Work will be done as soon as weather permits.

CLOSED SESSION

Chairman John Turpin entertained a motion to enter into closed session for the following:

o To consider and take action with respect to the position to be taken by the County in negotiating the price or other materials terms of an agreement for the acquisition or lease of real property pursuant to G.S. 143-318.11(a)(5).

o To consult with the county attorney or another attorney employed or

retained by the county in order to preserve the attorney-client privilege

pursuant to G.S. 143-318.11(a)(3).

Commissioner McHugh moved to enter into closed session for the following:

o To consider and take action with respect to the position to be taken by the County in negotiating the price or other materials terms of an agreement for the acquisition or lease of real property pursuant to G.S. 143-318.11(a)(5).

o To consult with the county attorney or another attorney employed or

retained by the county in order to preserve the attorney-client privilege

pursuant to G.S. 143-318.11(a)(3).

Vice Chairman Inman seconded and the motion carried unanimously.

The Board re-entered into the regular session of the April 11^th meeting.

GENERAL GOVERNMENT – GOVERNING BODY - BUDGET ORDINANCE AMENDMENT #107

County Attorney Jonathan Jordan requested the approval of Budget Ordinance Amendment #107 which is necessary to amend the General Fund to appropriate Contingency for the payment of insurance deductible for Mediated Settlement Agreement.

The appropriations are to be changed as followed:

Account Number	EXPENDITURES	Decrease	Increase
	Governing Body
100.2155.000	Insurance Deductions Payable		$5,000.00
100.9910.000	Contingency	$5,000.00
		$5,000.00	$5,000.00

This will result in a net increase of $00.00 in the appropriations of the General Fund. To provide the additional revenue for the above, the following revenues will be increased.

Chairman John Turpin entertained a motion to approve Budget Ordinance Amendment #107.

Commissioner McHugh moved to approve Budget Ordinance Amendment #107.

Commissioner Joe Turpin seconded and the motion carried unanimously.

There being no further business to come before the Board, Chairman John Turpin entertained a motion to adjourn the meeting.

Vice Chairman Inman moved to adjourn the meeting.

Commissioner McHugh seconded and the motion carried unanimously.

_________________________ _____________________________

Darlene M. Bullins John M. Turpin

Clerk to the Board Chairman