STATE OF NORTH CAROLINA ) OFFICE OF
THE COMMISSIONERS
) STOKES COUNTY GOVERNMENT
COUNTY OF STOKES ) DANBURY, NORTH CAROLINA
) AUGUST 8, 2005
The Board of Commissioners of the County of Stokes, State of North
Carolina, met for regular session in the Commissioners’ Chambers of the Ronald
Wilson Reagan Memorial Building (Administrative Building) located in Danbury,
North Carolina on Monday, August 8, 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
Personnel in Attendance:
County
Manager Richard Morris
County
Attorney Jonathan Jordan
Clerk
to the Board Darlene Bullins
Finance
Director Julia Edwards
Fire
Marshal Brad Cheek
Public
Works Director Jay Kinney
Walnut
Cove Senior Center Director Vicky East
Chairman John Turpin called the meeting to order.
County Manager Rick Morris 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.
GENERAL
GOVERNMENT –GOVERNING BODY-APPROVAL OF MINUTES
Chairman John Turpin
entertained a motion to approve or amend the minutes of July 25, 2005.
Commissioner Joe Turpin moved to approve the minutes of July 25, 2005.
Vice
Chairman Inman seconded and the motion carried unanimously.
GENERAL GOVERNMENT – GOVERNING BODY – HANGING ROCK DISTRICT
BOY SCOUTS
Chairman
John Turpin informed those in attendance that Ms. Joyce Gibson would be
videotaping the meeting for the Hanging Rock District Boy Scouts for viewing by
scouts ages 11 ½ to 18 to help teach communication and citizenship for the
Community Merit Badge.
PUBLIC COMMENTS
Sam Simmons
129
Beechtree Lane
King,
NC 27021
RE: News Article – BOH Clarification
Mr.
Simmons expressed deep concerns over the Friday -Winston Salem Journal’s
article which indicated decisions at the Wednesday’s Board of Health were based
on political motivation. Mr. Simmons
noted questions have been raised concerning the method of voting at the
Wednesday’s meeting. Mr. Simmons
requested the Board of Commissioners
consider
allowing Board of Health members to meet again to revote or sign the ballots.
Mr.
Simmons also commented on the freedom of speech, which allows an individual to
speak in an open forum.
GENERAL GOVERNMENT – GOVERNING BODY – DUKE POWER
PRESENTATION
District
Manager Jimmy Flythe, Duke Power-Government/Business Relations presented an
commemorative engraved shovel on behalf of Duke Power and Belews Creek Steam
Station to Chairman John Turpin.
Mr.
Flythe noted the great working relationship between Stokes County and the
Belews Creek Steam Station for over thirty years. The commemorative shovel recognized the participation by the
County (Chairman John Turpin) with the groundbreaking ceremony on May 20, 2005
at the Belews Creek Steam Station that announced the scrubber project
to
reduce sulfur dioxide.
GENERAL GOVERNMENT – PUBLIC WORKS – SCOTT BRANCH DRAINAGE
IMPROVEMENT PROJECT
Chairman
John Turpin briefed the Board concerning the Scott Branch Drainage Improvement
Project which was completed in 1998 with financial assistance from the North
Carolina Department of Environment, Health, and Natural Resources. Public Works
Director Jay Kinney presented a brief history of the project and its
association with the
installation
of the Regional Sewer System. The
project made improvements to the channel and culvert in order to improve
drainage and reduce peak flooding downstream caused by the runoff from the
Stokes County Government Center Complex.
Chairman
John Turpin and Public Works Director Jay Kinney had received concerns from a
landowner that, over the years, debris had jammed up the flow of water through
the culverts causing damage both upstream and downstream around the creek
crossings.
The
landowner also stated the impassable conditions, which will not allow fire
trucks if needed.
Chairman
John Turpin requested Board members to review the copy of the minutes of
October 21, 1997, which verified that, the Board of Commissioners in 1997
approved a Resolution with the NC Department of Environment, Health, and
Natural Resources to receive financial assistance, which was 66 2/3 percent of
the project construction cost.
Chairman
John Turpin noted item #9 of the Resolution, which states the following:
·
The Board accepts responsibility for
the operation and maintenance of the completed project.
Director
Kinney presented the following bids to restore the bank and culvert drive to
the landowner’s home if directed by the Board:
·
BRV Grading = $3,735.00
·
Plant It Earth = $8,150.00*
·
Montgomery Bros = $9,000.00**
*Bid
states it could be more or less dependent upon materials needed
**Bid
includes concrete to stabilize rip rap
Director
Kinney stated that he had consulted Moorefield Engineering to review the
project for structural opinions. Mr.
Moorefield’s first comment was to also include concrete for stabilization.
The
Board discussed use of public funds for improving private property, legal
opinion of Resolution adopted in October 1997, current sewer system, and bids
secured by Director Kinney.
Chairman
John Turpin entertained a motion that the County accepts responsibility for the
operation and maintenance of the completed Scott Branch Drainage Project.
Commissioner
McHugh moved to approve the motion that the County accepts responsibility for
the operation and maintenance of the completed Scott Branch Drainage
Project.
Chairman
John Turpin seconded the motion.
County
Attorney Jonathan Jordan noted the legal obligation imposed on the County by
approving the Resolution, which included Item #9 “The Board accepts
responsibility for the operation and maintenance of the completed project”.
The
Board continued discussion concerning the liability associated with Item #9 of
the Resolution adopted on October 21, 1997.
The motion carried unanimously.
The
Board discussed the submitted bids and the option to re-bid the project in
order to obtain a formal consultation from Moorefield Engineering and advertise
the bid with the concrete specifications. County Manager Rick Morris suggested
the Board allow Support Services Supervisor Danny Stovall procure a formal bid
for the project.
Chairman
John Turpin entertained a motion to reject all bids submitted for the Scott
Branch Drainage Project.
Commissioner
Joe Turpin moved to reject all bids submitted for the Scott Branch Drainage
Project.
Vice
Chairman Inman seconded and the motion carried unanimously.
Chairman
John Turpin directed Director Kinney to consult Mr. Stovall to proceed with a
formal bid which includes specifications from Moorefield Engineering and to
inform the landowner of the proposed plans.
GENERAL GOVERNMENT – EMERGENCY MANAGEMENT – PROPOSED
NATIONAL INCIDENT MANAGEMENT SYSTEM - PROCLAMATION
Chairman
John Turpin informed the Board that Emergency Services Director Monty Stevens
was unable to attend the meeting due to sickness and the Fire Marshal Brad
Cheek would be presenting the agenda item.
Fire
Marshal Brad Cheek presented the proposed Proclamation for National Incident
Management System for approval.
Fire
Marshal Cheek explained the Homeland Security Presidential Directive 5 (HSPD 5)
which outlines the establishment of a National Incident Management System
(NIMS) that affects governments at all levels during the times of
emergencies.
A
few of the items that are addressed in the system are:
·
Standardized Terminology
·
Standardized Organizational
Structures
·
Unified Command Structures
·
Resource Management
·
Standardized Training
Fire
Marshal Cheek noted that the proposed Proclamation –National Incident
Management System must be approved before September 30, 2005 and the County be
in compliance by 2007 in order for the County to be eligible to receive future
federal funding.
Fire
Marshal Cheek noted the following items concerning the National Incident
Management System-Proclamation:
·
Provides a consistent nationwide
approach for all governments
to
work together more effectively and efficiently to prevent,
prepare
for, respond to and recover from domestic incidents,
regardless
of cause, size or complexity
·
To facilitate the most efficient and
effective incident management,
all governments will utilize standardized terminology,
standardized
organizational structures, interoperable communications,
consolidated
action plans,
unified command structures, uniform personnel qualification
standards,
uniform standards for planning, training, and exercising,
comprehensive resource management, and designed
incident facilities
during
emergencies or disasters
·
Recommended by the National
Commission on Terrorist Attacks (9-11 Commission)
Chairman
John Turpin entertained a motion to approve the following Proclamation
–National Incident Management System:
STOKES
COUNTY
NORTH CAROLINA
NATIONAL
INCIDENT MANAGEMENT SYSTEM
PROCLAMATION
WHEREAS, the President in Homeland Security Directive (HSPD) – 5
directed the Secretary of the Department of Homeland Security to develop and
administer a National Incident management System (NIMS), which would provide a
consistent nationwide approach for Federal, State, local, and tribal
governments to work together more effectively and efficiently to prevent,
prepare for, respond to and recover from domestic incidents, regardless of
cause, size or complexity;
WHEREAS, the collective input and guidance from all Federal, State,
local and tribal homeland security partners have been, and will continue to be,
vital to the development, effective implementation and utilization of a
comprehensive NIMS;
WHEREAS, it is necessary and desirable that all Federal, State,
local, and tribal emergency agencies and personnel coordinate their efforts to
effectively and efficiently provide the highest levels of incident management;
WHEREAS, to facilitate the most efficient and effective incident
management it is critical that Federal, State, local, and tribal organizations
utilize standardized terminology, standardized organizational structures,
interoperable communications, consolidated action plans, unified command
structures, uniform personnel qualification standards, uniform standards for
planning, training, and exercising, comprehensive resource management, and
designated incident facilities during emergencies or disasters;
WHEREAS, the NIMS standardized procedures for managing personnel,
communications, facilities and resources will improve the State’s ability to
utilize federal funding to enhance local and state agency readiness, maintain
first responder safety, and streamline incident management processes.
WHEREAS, the Incident Command System components of NIMS are already
an integral part of various incident management activities throughout the
State, including current emergency management training programs; and
WHEREAS, the National Commission on Terrorist Attacks (9-11
Commission) recommended adoption of a standardized Incident Command System;
NOW, THEREFORE, WE, THE STOKES
COUNTY BOARD OF COMMISSIONERS , do hereby
establish the National Incident Management System (NIMS) as the County Standard
for incident management.
This Proclamation shall take effect on the 8th day of August 2005.
_________________________________________
Chairman
Stokes
County Board of Commissioners
ATTEST:
_________________________________________
Clerk
to the Board
Commissioner
Joe Turpin moved to approve the Proclamation – National Incident Management
System. Commissioner McHugh seconded
and the motion carried unanimously.
GENERAL GOVERNMENT –
WALNUT COVE SENIOR CENTER ADVISORY COUNCIL – BY LAWS
Walnut Cove Senior Center
Director Vicky East presented the proposed Walnut Cove Senior Center Advisory
By Laws, which had been approved by County Attorney Jonathan Jordan and County
Manager Rick Morris for the Board’s review and consideration.
Director East noted the need for
the By-Laws, which have also been approved by the Walnut Cove Senior Center
Advisory Committee which is a NC requirement for multipurpose Senior Centers.
The Board discussed the
submitted By-Laws.
Chairman John Turpin entertained
a motion to approve the submitted Walnut Cove Senior Center Advisory Council –
By Laws.
Commissioner Joe Turpin moved to
approve the submitted Walnut Cove Senior Center Advisory Council – By
Laws.
Commissioner McHugh seconded and
the motion carried unanimously.
(A copy of the By-Laws will
be retained by the Clerk to the Board of Commissioners, Walnut Cove Senior
Center, and County Attorney)
GENERAL GOVERNMENT –
GOVERNING BODY – PROPOSED RESOLUTION –
SUPPORTING PUBLIC USE
OF FIRE DEPARTMENT FACILITIES
County Manager Rick Morris
presented the following proposed Resolution –
Supporting Public Use of Fire
Department Facilities as requested by the Board:
RESOLUTION
SUPPORTING PUBLIC USE OF
FIRE DEPARTMENT FACILITIES
WHEREAS, The
Stokes County Board of Commissioners would like to commend those volunteer fire
departments in the County that allow public use of their facilities; and
WHEREAS, the
volunteer fire departments are funded using tax payer funds through the
County’s fire tax; and
WHEREAS, The
Stokes County Board of Commissioners would encourage all volunteer fire
departments in the County to allow public use of their facilities in a way that
would not interfere with their normal operations (training or otherwise); and
NOW, THEREFORE, WE, THE STOKES
COUNTY BOARD OF COMMISSIONERS do hereby request that each fire department
located in the County, with the exception of King and Walnut Cove, provide
answers to the following questions through the County Manager to the Board in
writing:
·
Does your fire department allow public use of your facilities?
·
If the public is allowed use of the facilities, how is it managed and
for what type of purposes are the facilities used?
·
If the public is not allowed use of fire department facilities, what is
the reason?
·
If the public is not currently allowed use of fire department
facilities, is the department willing to reconsider this policy and open the
facilities to public use?
Adopted this 8th day of
August 2005.
_____________________________
John M. Turpin
Chairman
____________________________
Darlene M. Bullins
Clerk to the Board
Manager Morris also presented
the Board with a letter from Lawsonville Vol. Fire Chief Keith Lawson who
already responded to the public use of Fire Department Facilities.
(A copy will be retained by
the Clerk to the Board of Commissioners)
The Board further discussed the
use of fire departments facilities.
Chairman John Turpin entertained
a motion to approve the submitted Resolution Supporting Public Use of Fire
Department Facilities.
Commissioner Walker moved to
approve the submitted Resolution Supporting Public Use of Fire Department
Facilities.
Commissioner Joe Turpin seconded
and the motion carried unanimously.
Chairman John Turpin directed
the County Manager to request that the Fire Departments return their responses
to the Resolution to the County Manager within the next four weeks.
GENERAL GOVERNMENT –
ADMINISTRATION/JAIL – AMENDMENT- JAIL MEDICAL CONTRACT
County Manager Rick Morris
postponed the agenda item (Amendment – Jail Medical Contract) due to the legal
review from Stokes Reynolds Memorial Hospital had not been completed. Manager
Morris will present the amendment at the August 22nd meeting.
GENERAL GOVERNMENT –
ADMINISTRATION - PROPOSED 2005/06 CENTERPOINT PERFORMANCE AGREEMENT
County Manager Rick Morris
presented the proposed 2005/06 CenterPoint
Performance Agreement which had been slightly modified (termination
clause) by the County Attorney from the proposed agreement given to the Board
during budget work sessions. County Attorney Jonathan Jordan had approved the
proposed agreement.
CEO Betty Taylor had informed
the manager that the CenterPoint Board would review the proposed agreement on
August 18th.
The Board discussed the new
provider “Triumph” which replaces “Hope Ridge”, to serve the needs of County,
and the first opinion program.
County Manager Morris requested
the Board review the proposed agreement and inform him of any concerns in order
to consult with CEO Betty Taylor before the 18th. The proposed performance agreement will be
presented at the August 22nd meeting.
GENERAL
GOVERNMENT – EMERGENCY MEDICAL SERVICES- BUDGET ORDINANCE AMENDMENT #6
Finance
Director Julia Edwards requested the approval of Budget Ordinance Amendment #6
which is necessary to amend the General Fund to appropriate grants for training
from the Department of Insurance. The
appropriations are to be changed as followed:
|
Account Number |
|
EXPENDITURES |
|
Decrease |
|
Increase |
|
|
|
Emergency Medical Services |
|
|
|
|
|
100.4370.311 |
|
Training |
|
|
|
$2,000.00 |
|
|
|
|
|
|
$2,000.00 |
|
Account Number |
|
REVENUES |
|
Decrease |
|
Increase |
|
100.3301.366 |
|
Dept. of Insurance |
|
|
|
$2,000.00 |
|
|
|
|
|
|
$2,000.00 |
Chairman John Turpin entertained a motion to approve Budget Ordinance
Amendment #6.
Commissioner Joe Turpin moved to approve Budget Ordinance Amendment #6.
Vice Chairman Inman seconded and the motion carried unanimously.
GENERAL
GOVERNMENT – EMERGENCY MEDICAL SERVICES- BUDGET ORDINANCE AMENDMENT #7
Finance Director Julia Edwards requested the approval of Budget
Ordinance Amendment #7 which is necessary to amend the Grant Fund to
appropriate funds for HRSA Grant from the NC Office of EMS to purchase a Mass
Casualty Incident Trailer Equipment. The appropriations are to be changed as
followed:
|
Account Number |
|
EXPENDITURES |
|
Decrease |
|
Increase |
|
|
|
Emergency Medical Services |
|
|
|
|
|
203.4330.260 |
|
Departmental Supplies |
|
|
|
$5,780.00 |
|
203.4330.510 |
|
Equipment |
|
|
|
$7,900.00 |
|
203.4330.511 |
|
Equipment – Non
Capitalized |
|
|
|
$1,829.00 |
|
|
|
|
|
|
$15,509.00 |
|
Account Number |
|
REVENUES |
|
Decrease |
|
Increase |
|
203.3301.013 |
|
NC Office of EMS |
|
|
|
$15,509.00 |
|
|
|
|
|
|
$15,509.00 |
Chairman John Turpin entertained a motion to approve Budget Ordinance
Amendment #7.
Commissioner Joe Turpin moved to approve Budget Ordinance Amendment #7.
Vice Chairman Inman seconded the motion.
Assistant EMS Director Greg
Collins explained the need and use of the Mass Casualty Incident trailer and
equipment.
The motion carried unanimously.
GENERAL GOVERNMENT
– SHERIFF’S DEPARTMENT- BUDGET ORDINANCE AMENDMENT #8
Finance Director Julia Edwards requested the approval of Budget
Ordinance Amendment #8 which is necessary to amend the General Fund to
appropriate State Fines and Forfeitures to purchase to purchase cars for the
Sheriff’s Department. The
appropriations are to be changed as followed:
|
Account Number |
|
EXPENDITURES |
|
Decrease |
|
Increase |
|
|
|
Sheriffs’ Department
|
|
|
|
|
|
100.4310.511 |
|
Equipment – Non
Capitalized |
|
|
|
$5,500.00 |
|
|
|
|
|
|
$5,500.00 |
To provide additional revenue for the above, the following revenues
will be increased.
|
Account Number |
|
REVENUES |
|
Decrease |
|
Increase |
|
100.3301.413 |
|
State Fines & Forfeitures |
|
|
|
$5,500.00 |
|
|
|
|
|
|
$5,500.00 |
Chairman John Turpin entertained a motion to approve Budget Ordinance
Amendment #8
Commissioner Joe Turpin moved to approve Budget Ordinance Amendment #8.
Commissioner McHugh seconded and the motion carried unanimously.
GENERAL
GOVERNMENT – FINANCE - BUDGET ORDINANCE
AMENDMENT
#9
Finance Director Julia Edwards requested the approval of Budget
Ordinance Amendment #9, which is necessary to amend the General Fund to
transfer funds for the Sauratown Waterline Project matching fun for Rural
Center Grant. The appropriations are to
be changed as follows:
|
Account Number |
|
EXPENDITURES |
|
Decrease |
|
Increase |
|
100.4931.002 |
|
Sauratown Waterline Project
|
|
|
|
$8,217.00 |
|
100.9910.000 |
|
Contingency |
|
$8,217.00 |
|
|
|
|
|
|
$8,217.00 |
|
$8,217.00 |
Chairman John Turpin entertained a motion to approve Budget Ordinance
Amendment #9.
Vice Chairman Inman moved to approve Budget Ordinance Amendment #9.
Commissioner Joe Turpin
seconded the motion.
County Manager Rick Morris noted that the additional funding would be
reimbursed back to the County from connection fees.
Chairman John Turpin informed the Board that County Manager Rick
Morris, King City Manager Scott Buffkin, Water & Sewer Authority Chairman
Wayne Smart and himself attended a meeting on Friday at the Rural Center to
ensure that all aspects of the proposed project were completed.
Representative Bryan Holloway met county officials for the meeting at
the Rural Center. The Rural Center
confirmed that the project was ready to start the bid process.
The motion carried unanimously.
GENERAL
GOVERNMENT – FINANCE – FINISTAR –INVESTMENT OPTIONS
Finance Director Julia
Edwards presented the proposed Resolution, which was presented at the July 25th
meeting for further consideration.
Director Edwards noted that positive comments were being received from
the finance director’s list serve.
Chairman John Turpin
entertained a motion to approve the following submitted Resolution with
Finistar for investment options:
RESOLUTION OF GOVERNING
BOARD
OF THE COUNTY OF STOKES (“COUNTY”)
The
Governing Board of the County of Stokes adopted the following resolutions as of
the date set forth below:
WHEREAS, the Governing Board has
approved a Custodial Agreement among the Finance Officer of the County,
Finistar, Inc. (“Finistar”), and Gateway Bank & Trust Company, 1145 North
Road Street, Elizabeth City, North Carolina
27909-3334 (“Fiscal Agent”); and,
WHEREAS, the Finance Officer has been
authorized and directed by the Governing Board to deposit funds of the County
in a custodial account at Fiscal Agent for disbursement and deposit in North
Carolina financial institutions, the deposits of which are insured by funds of
the Federal Deposit Insurance Corporation (“FDIC”) and which are Participating
Banks (as defined in the Custodial Agreement), as provided in the Custodial
Agreement.
NOW, THEREFORE, BE IT
RESOLVED that the
Fiscal Agent, a North Carolina chartered, commercial bank the deposits of which
are insured by funds of the FDIC, be and hereby is designated as an official
depository of County; and,
BE IT FURTHER RESOLVED, that each Participating Bank,
approved by the Local Government Commission, be and hereby is designated as an
official depository of County, such list being deemed incorporated by reference
into this Resolution for the purpose of making deposits in accordance with this
agreement with Finistar, Inc.; and
BE IT FURTHER RESOLVED, that the Finance Officer shall
report the Fiscal Agent and each Participating Bank on the List as required by
GS 159-33 and 20 NCAC 7.
The
foregoing Resolutions were adopted and approved by the Governing Board as of
the 8th day of August 2005.
______________________________________
John M.
Turpin
Chairman of the County of Stokes
Attested:
Darlene M. Bullins
Clerk to the Board
Commissioner Joe Turpin
moved to approve the submitted Resolution with Finistar for investment
options.
Vice Chairman Inman
seconded and the motion carried unanimously.
GENERAL
GOVERNMENT – PLANNING BOARD- APPOINTMENT
Chairman John Turpin
opened the floor for nominations for the Quaker Gap Township appointment for
the Planning Board.
There were no
nominations.
GENERAL
GOVERNMENT – YVEDDI – APPOINTMENT
Chairman John Turpin
entertained a motion to appoint Ms. Sherelene Beatty to serve as an alternate
appointment to the YVEDDI Board of Directors.
(Ms. Beatty was nominated at the July 25th meeting.)
Vice Chairman Inman moved
to appoint Ms. Sherelene Beatty to serve as an alternate appointment to the
YVEDDI –Board of Directors.
Commissioner Joe Turpin
seconded and the motion carried unanimously.
GENERAL
GOVERNMENT – JURY COMMISSION- APPOINTMENT – COMPENSATION
Chairman John Turpin
presented a request from Clerk of Superior Court Dean Hartgrove to re-appoint
Mr. Lynwood Shelton who has served on the Jury Commission for the last 10 years
for another two-year term. Mr. Hartgrove
also requested the approval of a $65 per day compensation, which has been the
same rate since 2003.
Commissioner McHugh
nominated Lynwood Shelton for re-appointment to the Jury Commission.
Chairman John Turpin
entertained a motion to approve the requested $65 per day compensation for the
jury commission.
Vice Chairman Inman moved
to approve the requested $65 per day compensation for the jury commission.
Commissioner Joe Turpin
seconded and the motion carried unanimously.
GENERAL
GOVERNMENT –GOVERNING BODY–STOKES COUNTY/FORSYTH
TECH
ADVISORY COUNCIL-APPOINTMENTS
County Manager Rick
Morris presented the following individuals who had either been nominated or
volunteered to serve on the Stokes County/Forsyth Tech Advisory Council:
·
At-large Appointees for consideration:
o
Sam Hill, King, NC
o
Worth Hampton, King, NC
o
Michael O. Hartley, King, NC
o
Waynona T. Sands- Lawsonville, NC
·
City of King – Scott Buffkin
·
Town of Danbury – Rebecca Chalfa
·
Town of Walnut Cove – Dana Dalton
·
Forsyth Tech Stokes County Campus- Interim Director Deana Ray
·
Economic Development Director Ron Morgan
·
Stokes Schools – Dr. Larry Cartner
County Manager Rick
Morris noted the Board’s desire for the (4) at-large members to represent the
northeast, northwest, southeast, and southwest; Dr. Greene would be nominating
the Forsyth Tech Trustees within the next week; and the need for two
nominations from the Board of Commissioners.
Manager Morris requested that the Board consider nominating all those submitted
except for the at-large appointments and advertise in the local paper for
at-large members from the designated areas.
Commissioner Walker, Vice
Chairman Inman, and Commissioner McHugh all
volunteered to serve on the Council.
Commissioner McHugh
nominated the following for appointment to the Stokes County/Forsyth Tech
Advisory Council:
·
City of King – Scott Buffkin
·
Town of Danbury – Rebecca Chalfa
·
Town of Walnut Cove – Dana Dalton
·
Forsyth Tech Stokes County Campus- Interim Director Deana Ray
·
Economic Director Ron Morgan
·
Stokes Schools – Dr. Larry Cartner
·
Commissioner Jimmy Walker
·
Vice Chairman Leon Inman
Chairman John Turpin
requested the Clerk advertise for the (4) at-large appointments in the local
paper and specify the desired geographic areas. Nominations can be considered at the August 22nd
meeting.
GENERAL
GOVERNMENT – GOVERNING BODY – APPROVED FISCAL YEAR
2005/06
COUNTY BUDGET
County Manager Rick
Morris presented a packet, which addressed Commissioners’ questions on the
Fiscal Year 2005/06 Stokes County approved budget. Manager Morris requested the Board review the responses and
contact him if there were any questions.
GENERAL
GOVERNMENT – CLOSED SESSION
Chairman John Turpin
reported that the closed session had been cancelled and would be scheduled for
a future meeting.
GENERAL
GOVERNMENT – JAIL – CRIMINAL JUSTICE COUNCIL
County Manager Rick
Morris informed the Board that the Criminal Justice Council requested that
information concerning the increased jail population be brought to the Board.
Manager Morris presented
a chart that detailed the 5-year daily population average and the 2005 daily
population average. Manager Morris
noted individuals who are sentenced to weekend time were turned away last
weekend due to a surge of population and that the State has an overload, which
could cause overcrowding in county facilities.
GENERAL
GOVERNMENT – GOVERNING BODY – HEALTH BOARD APPOINTMENTS
Dr. Nick
Chalfa
Commissioner McHugh
requested that the Board discuss the letters that were delivered to Dr. Nick
Chalfa and Dr. Kevin Walker which informed each health board member that the
Board would be considering their removal from the Stokes County Health Board.
Chairman John Turpin
reiterated the Chair’s standing policy, which allows any Commissioner to bring
up any item for consideration of the Board.
Dr. Kevin Walker could
not attend the meeting and requested that his response be read in open or
closed session. Dr. Walker also sent a letter in support of Dr. Nick Chalfa to
be read in open or closed session. Chairman John Turpin requested that County
Attorney Jonathan Jordan review the letter as the whether the letters could be
submitted in open
session.
County Attorney Jordan
approved the letters for submission in open session.
Chairman John Turpin
presented each Board member and the Clerk to the Board with a copy of the
letters.
(A copy of the letters
will be retained by the Clerk to the Board)
County Manager Rick
Morris informed the Board that Dr. Nick Chalfa had met with him and informed
the County that the State had appointed him as the “Interim Health Director”
and that another interim health director would be appointed later in the week.
Commissioner McHugh
informed the Board that Attorney Chris Hoke of the NC Department of Health and
Human Services in Raleigh stated that the State does not appoint “Interim
Health Directors”.
Commissioner McHugh
stated that according to G. S. 130A-35 (g)(5) a health board member may be
removed from office by the county board of commissioners for conduct that tends
to bring the office into disrepute.
Commissioner McHugh noted
the following violations of the open meetings law that occurred at the Board of
Health Special Meeting on August 3, 2005:
·
Attempts to schedule special meetings without the proper notice, which
would have violated the North Carolina Open Meetings Law
·
Did not allow the public and press back into the August 3, 2005 meeting
of the Board of Health when the board came out of closed session, in violation
of the North Carolina Open Meetings Law
·
Required board members to vote by secret ballot without signing the
ballot in violation of the Open Meetings Law, in particular G.S. §143-318.13(b)
·
Instructed the secretary to the board to not record or take minutes of
the meeting in violation of the Open Meetings Law, in particular G.S.
§143-318.10(e)
Commissioner McHugh
stated that she had informed Chairman Chalfa that by voting by secret ballot
without signing the ballot, which members were informed to do by Chairman
Chalfa, was a violation of the open meetings law.
Chairman John Turpin
requested legal guidance from County Attorney Jordan pertaining to any type of
recourse due to violations of the open meetings law.
County Attorney Jordan
responded that state law allows any citizen to file suit in Superior Court
orders to request the following:
·
Injunctive relief to ensure violations no longer occur
·
Additional relief requesting that any action taken, deliberated,
considered or discussed
be null and void
·
Assessments and awards of attorney’s fees
Commissioner Walker noted
that mistakes were made; it is way too premature to enforce actions concerning
these accusations; and to possibly allow the Board of Health to rectify these
mistakes.
Commissioner McHugh
reiterated G. S. 130A-35 (g)(5) which states a health
board member may be removed from office by the county board of commissioners
for conduct that tends to bring the office into disrepute. Commissioner McHugh noted that any Chairman
of any Board is responsible to inform themselves of items such as the “open meetings law”.
Commissioner McHugh
reiterated that she informed Chairman Chalfa that it was a violation of the
open meetings law to vote by secret ballot.
Commissioner Walker
requested legal opinion of any rule that does not allow voting by secret
ballot.
County Attorney Jordan
responded:
·
G.S. 143-318.13 states that written ballots except as provided in this
subsection or by joint resolution of the General Assembly, a public
body
may not vote by secret or written ballot
·
If the public body decides to vote by written ballot, each member of
the public body so voting shall sign his or her ballot
·
The minutes of the public body shall show the vote of each member
voting, ballots should be available for public inspection in the office of
clerk or secretary of the public body immediately following the meeting in
which the vote took place until the minutes of that meeting are approved, at
which time the ballots may be destroyed.
Commissioner McHugh noted
that Chairman Chalfa instructed the secretary not to record the meeting.
Commissioner McHugh moved
to remove Dr. Nick Chalfa from the Health Board as a health board member due to
conduct that tends to bring the office into disrepute.
Commissioner Joe Turpin
seconded the motion.
The Board continued
further discussion concerning the instructions given by Chairman Chalfa to not
record minutes of the meeting.
Health Board member Keith
Lawson stated that Dr. Chalfa instructed members that there would be no
electronic recording devices and no minutes.
Mr. Lawson also stated that Health Board member McHugh stated to
Chairman Chalfa that she felt that was a violation of the open meetings law and
that Chairman Chalfa firmly responded that she was wrong.
Mr. Lawson also stated
that Board members were strictly informed to not sign the ballots.
Board Member Greg Collins
confirmed that there was no mention after the voting as to who voted and how.
Vice Chairman Inman
stated that volunteers to these Boards do not have legal counsel at their side
and are not provided with a copy of the code of ethics policy or the open
meetings law.
Vice Chairman Inman
stated that these issues should be returned to the Board of Health to
resolve.
Commissioner Walker
agreed with Vice Chairman Inman that these issues should be returned to the
Board of Health to resolve.
Commissioner Joe Turpin
requested information from Finance Director Julia Edwards if any member of the
Health Board was being compensated for providing services for the county.
(For example –
contractual services such as dental, pharmaceutical, etc.)
The motion carried (3-2)
with Commissioner Walker and Vice Chairman Inman voting against the motion.
Dr. Kevin
Walker
Commissioner McHugh
requested that the Board discuss the letter that was delivered to Health Board
member Dr. Kevin Walker which stated that according to G.S. 130A-35(g)(5), a
board of health member may be removed from office by the
county board of
commissioners for conduct that tends to bring the office into disrepute.
The letter also alleges
that a letter from Dr. Walker that made derogatory statements against a Health
Department employee was read in open session at a Board of Health meeting.
Commissioner McHugh
referred to State Personnel Statutes 126-24; 130A-42; and 153A-98 which protect
employee personnel records and states that an employee’s personnel file
consists of any information in any form gathered by the county with respect to
that employee by way of illustration but not limitation relating to his
application, selection or
non-selection,
performance, promotion, demotion, transfers, suspension, other disciplinary
actions, evaluation forms, leave, salary, and termination of employment.
The letter, which alleges
to contain performance information about the health director, was read in open
session at the Board of Health meeting on July 13th.
Commissioner McHugh had
requested County Manager Rick Morris to try to obtain the tape of the July 13th
Board of Health meeting. Manager Morris
stated that he had obtained the copy of the tape.
Commissioner Walker requested
a legal opinion referring to whether an elected official under the open
meetings law can or cannot question a county employee’s performance or concerns
about a department’s performance in open session.
County Attorney Jordan
stated that a citizen can certainly make comments about an employee, but the
Board would have to enter into closed session to discuss that particular county
employee’s job performance based on personnel privacy.
Attorney Jordan noted
that in this case, the appointed board of health member is technically the
employer of the
health director. Commissioner Walker requested a second legal
opinion, perhaps from David Lawrence with the Institute of Government.
Commissioner Joe Turpin
requested to hear the tape. Chairman John Turpin questioned the County Attorney
if the tape should be heard in closed session.
County attorney stated
that the tape should be heard in closed session.
Chairman John Turpin also
requested to hear the tape.
Commissioner Joe Turpin
inquired why the tape must be heard in closed session if it had already been
heard in open session at the Board of Health meeting.
County Attorney Jordan
responded that there is an allegation pertaining to the tape.
Commissioner Walker
questioned County Attorney Jordan pertaining to statutes 130A-42; and 153A-98
that specifically related to an employee’s personnel records and requested what
personnel records were involved in the allegation.
County Attorney Jordan
stated allegations have been made that the letter involved the collection of
information relating to job performance.
Chairman John Turpin
requested that the Board enter closed session.
Commissioner McHugh asked
to present the additional information before going into closed session.
Commissioner McHugh stated
that Board members have been given, on several occasions, the opportunity to
take training on appropriate procedures for the Board of Health.
CLOSED SESSION
Chairman John Turpin entertained a motion to enter into closed session
to consider the initial employment or appointment of an individual to any
office or position, other than a vacancy in the Board of County Commissioners
or any other public body, or to consider the qualifications, competence,
performance, character, and fitness of any public officer or
employee, other than a member of the Board of Commissioners or of some
other public body pursuant to G.S. 143-318.11(6).
Commissioner McHugh moved to enter into
closed session to consider the initial employment or appointment of an
individual to any office or position, other than a vacancy in the Board of
County Commissioners or any other public body, or to consider the
qualifications, competence, performance, character, and fitness of any public
officer or employee, other than a member of the Board of Commissioners or of
some other public body pursuant to G.S. 143-318.11(6).
Commissioner Joe Turpin seconded and the
motion carried unanimously.
The Board re-entered into the regular session of the August 8th meeting.
Finance Director Julia Edwards presented Board members the requested
information pertaining to board of health members’ compensation.
Commissioner Walker inquired if there was any further business to be
brought before the Board.
Chairman John Turpin entertained a motion for any further business.
Commissioner Walker moved to adjourn the meeting.
Vice Chairman Inman seconded the motion.
Vice Chairman Inman requested to make one observation: that in June
2003 the chambers were filled to capacity, hallways were filled to capacity,
and the building filled. If memory
served him correctly, it was a meeting concerning the current expense education
budget-budget matters.
A request was made to move the meeting to a facility to accommodate
those people in the hallway that wanted to be involved in that meeting.
Commissioner McHugh was the Chairperson at that time.
That request was denied.
Vice Chairman Inman’s opinion, it was a clear violation of the open
meetings law.
He requested that minutes reflect that position.
Commissioner McHugh responded that if she did so that, then she was
guilty.
On August 22nd, Commissioner McHugh moved to amend the
minutes of the August 8th meeting with the following addition:
Commissioner McHugh stated the following:
In the minutes of the August 8, 2005 meeting on page 25 in the 3rd
to last paragraph Vice Chairman Inman made an accusation against me for the
record. He said that I denied a request
to move an overcrowded meeting in June of 2003 in violation of the open
meetings law.
After the checking the minutes from the meetings in June of 2003 I
discovered that we had 10 meetings that month.
The first meeting was a regular (Planning) meeting which was not
overcrowded.
The next 2 were recessed budget meetings that were not overcrowded.
The next regular meeting was the budget hearing that was held in the
large courtroom and arrangements were made ahead of time to facilitate all
members of the public who wished to speak.
After the hearing the meeting was recessed to convene in the
commissioners meeting room to conduct the regular meeting that was not
overcrowded.
The next 3 meetings were recessed budget meetings that were not
overcrowded.
The next regular meeting of June 23rd there was a record
crowd.
A motion was made to move
the meeting to a larger facility. There
was a second. As I recall there was
discussion in which David M. Lawrence who wrote the book on the Open Meetings
Law was quoted as saying “The law says nothing about the size of meeting
rooms. As long as a public body does
not consistently meet in a room too small to hold all who wish to attend, there
should be no violation of the law if occasionally an unexpectedly large crowd
causes the room to be too small.
There was also discussion
on the difficulty involved in moving the meeting given that no arrangements had
been made to have the courthouse or courtroom open or set up. The motion was voted on and failed.
Hence, the Board of Commissioners made the decision to not move the
meeting.
The next 2 meetings were recessed budget meetings that were not
overcrowded.
Commissioner Joe Turpin seconded the motion.
Vice Chairman Inman stated to Chairman John Turpin that he stands by
the statement he made whatever is added.
After discussion of the statements by Commissioner McHugh and Vice
Chairman Inman being their opinions and which set of minutes the additions
should be added to, the vote carried 4-1 with Vice Chairman Inman voting
against the motion.
Commissioner McHugh requested to make
another motion before adjournment.
Commissioner Walker stated that there was a motion to adjourn on the
floor.
The motion on the floor to adjourn carried (3-2) with Chairman John
Turpin and Commissioner McHugh voting against the motion.
_________________________ _____________________________
Darlene M. Bullins
John M. Turpin
Clerk to the Board Chairman