) STOKES COUNTY GOVERNMENT
COUNTY OF STOKES ) DANBURY, NORTH CAROLINA
) OCTOBER 10, 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, October 10, 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
EMS
Director Monty Stevens
Tax
Administrator Wren Carmichael
DSS
Director Jan Spencer
County
Extension Director Jack Loudermilk
Public
Works Director Jay Kinney
EMS
Paramedic Fred Lawson
EMS
Paramedic Scott Brown
Chairman John Turpin called the meeting to order.
County Attorney Jonathan Jordan delivered the invocation.
Chairman John Turpin opened the meeting by inviting the citizens in attendance
to join the Board with the Pledge of Allegiance.
Chairman John Turpin
entertained a motion to approve or amend the minutes of the eptember 26th
meeting.
Commissioner McHugh moved to
approve the minutes of September 26th.
Commissioner Joe Turpin
seconded and the motion carried unanimously.
PUBLIC COMMENTS
There were no public comments.
GENERAL GOVERNMENT- DSS STAFFING REQUEST AND PROPOSED DSS
ATTORNEY SERVICES
DSS
Director Jan Spencer requested the Board’s approval to eliminate a Social
Worker I position and create an Income Maintenance Casework II position. Both positions are a Grade 63; therefore,
there is no change in salary. Director
Spencer noted that the request was being made in order to improve our customer
service and divide the caseloads
more
equitably. Director Spencer concluded
the new IMC II position would work in Food Stamps and Children’s Medicaid
(Family and Children’s Medicaid caseload has increased 65% with Food Stamps
caseload increasing 95% since 2000).
Chairman
John Turpin entertained a motion to accept or deny the request to eliminate a
Social Worker I position and create an Income Maintenance Caseworker II
position.
Commissioner
McHugh moved to eliminate a Social Worker I position and create an Income
Maintenance Caseworker II position in the Social Services Department.
Chairman
John Turpin seconded the motion.
The
Board discussed the chart information provided by Director Spencer which detailed the changes in the caseload sizes
for Food Stamp and Family/Children’s Medicaid.
The
motion carried unanimous.
Director
Spencer informed the Board that the DSS Board had approved the hiring of two
contract attorneys to provide legal services for DSS (one for child welfare and
one for child support). Director
Spencer noted that both contracts should be in place by November 1st.
GENERAL GOVERNMENT-COOPERATIVE EXTENSION – COUNTY
PARTICIPATION –2005/06 STATE
LEGISLATIVE-GRANTED LEAVE
County
Cooperative Director Jack Loudermilk presented a request from the North
Carolina Cooperative Extension Service for County Participation for 2005-06
State Legislative-Granted Leave Bonus for State employees.
Director Loudermilk detailed the
following request:
·
Approved by NC General Assembly
·
Annual leave bonus of 40 hours for
each permanent full time employee
·
If the county does not participate,
the state employee will
still
receive the portion of the 40 hours that equates to the
University-funded
portion of their salary
·
Leave does not have to be taken
within a certain timeframe
·
It stays in an employee’s leave
account without contributing
to the 240-hour yearly earnings maximum.
Per
request of the State, Director Loudermilk requested the approval or disapproval
of the following:
1. Will your County match the County-funded portion of the
bonus leave?
2. Will your County accept transfers of bonus leave hours from
an employee transferring to your county from another State position, even if
your county does/did not agree to provide the bonus leave?
Chairman
John Turpin presented information from the minutes of August 25, 2003 in which
no action was taken to approve the 80-hour annual leave bonus request.
The
Board discussed the 40-hour annual leave bonus request.
Chairman
John Turpin entertained a motion to approve or deny the County Participation
for Cooperative Extension Service Employees 40-hour Annual Leave Bonus for
2005-06.
Vice
Chairman Inman moved to not match the County-funded portion of the bonus leave
with Stokes County Cooperative Extension employees but will receive that
portion of the 40 hours that equals the percentage of what the University pays
of their total salary and Stokes County will not allow any employee
transferring to Stokes County from another
State
position to transfer their bonus leave account when they become employed by
Stokes.
Commissioner
Joe Turpin seconded and the motion carried unanimously.
GENERAL GOVERNMENT – EMS – DEDICATION – HONORING RETIREE –
SERVICE RESOLUTION
Emergency
Management Director Monty Stevens presented EMT Paramedics Fred Lawson and
Scott Brown who recently won the NC State EMT Paramedic Competition.
Commissioner
McHugh who attended the competition commented on the excellent performance
given by Paramedics Fred Lawson and Scott Brown.
Paramedics
Fred Lawson and Scott Brown presented the plaque to Emergency Management Director Monty Stevens for Stokes
County Emergency Medical Services.
Director
Stevens along with the Board of Commissioners expressed their appreciation to
Paramedics Lawson and Brown for their hard work and dedication to bring this
honor back to Stokes County. Paramedics
Lawson and Brown also expressed their appreciation for all the support. Paramedics Lawson and Brown will
automatically be in the competition
next
year.
GENERAL GOVERNMENT – FINANCE – PROPOSED DEBT SETOFF PROGRAM
Finance Director Julia Edwards presented the Proposed Debt Setoff
Program which will allow the County to participate in the state’s income tax
debt setoff program.
Director Edwards explained the following regarding the Debt Setoff
Program:
·
Will allow the County to attach individuals’ state tax refunds for
taxes, emergency medical services bills, health department bills, solid waste
bills, water/sewer authority bills.
·
Currently 242 local governments participation in which 77 are counties
·
No cost to the county for this service
·
Debtor will pay $15 collection fee to Five Star Clearinghouse
·
Debtor will pay $5 collection fee to the Department of Revenue
·
Fees are refundable
·
No fees are accrued unless a successful tax refund setoff is made
·
Debts must be at least $50 or more
·
Debts can not be submitted until they are at least 60 full days past
due
·
Debt’s full name and social security number must be included
·
Written notice must be sent to the debtor that the local agency intends
to submit the debt owned by the debtor for collection from their state income
tax refund (debt setoff)
·
The written notice allows the debtor 30 days to file a written request
for a hearing with the local agency or pay the debt
·
The hearing committee will inform the debtor of their decision in
writing
Director Edwards requested the Board approve the following:
·
The Memorandum of Understanding and Agreement for the County to
participate in the Debt Setoff Program
·
Resolution for the NC Local Government Debt Setoff Program
o
Appoints the Finance Director, Tax Administrator,
EMS Director and Health
Director as Hearing Committee
Director Edwards
concluded that the Finance Director would be the Debt Setoff Coordinator.
Chairman John Turpin
questioned what would happen if there was a tie on the proposed 4 member
hearing committee.
The Board discussed the
Debt Setoff Program and its benefits that it would bring to Stokes County.
Tax Administrator Wren
Carmichael stated that he found no problems with the Program and that a member
of his staff had attended the training along with the Finance Director.
Commissioner McHugh moved
to approve the following amended Resolution for the NC Local Government Debt
Setoff Program which includes the addition of the Public Works Director as a
member of the Committee to hold hearings and conduct necessary proceedings:
Resolution for the NC Local Government Debt
Setoff Program
Whereas, NCGS
Chapter 105A, Setoff Debt Collection Act, authorizes the North Carolina
Department of Revenue to cooperate in identifying debtors who owe money to
qualifying local agencies and who are due refunds from the Department of
Revenue; and
Whereas, the
law authorizes the setting off of certain debts owed to qualifying local
agencies against tax refund; and
Whereas, the
North Carolina Association of County Commissioners and the North Carolina
League of Municipalities have jointly established a clearinghouse to submit
debts on behalf of Stokes County, as defined in G.S. 105A-2(6), effective
January 1, 2006 and thereafter as provided by law;
Now Therefore, be it
Resolved by the Stokes County will participate in the debt setoff program and
hereby designates the Finance Director, Tax Administrator, EMS Director, Public
Works Director, and Health Director as the committee to hold hearings and
conduct necessary proceedings.
The Chairman of the
Stokes County Board of Commissioners and the County Manager are hereby
authorized to execute such documents and agreements as necessary to participate
in the debt setoff program.
Adopted by the Stokes County Board of Commissioners on the 10th day of
October, 2005.
![]()
Chairman Clerk
Commissioner Joe Turpin
seconded and the motion carried unanimously.
Commissioner McHugh moved
to approve the following Memorandum of
Understanding and Agreement NC Local Government Debt Setoff
Clearinghouse Program:
Memorandum of Understanding and Agreement
This agreement is entered into this 10th day of October, 2005 by and
between the Stokes County (“CLAIMANT AGENCY”) and the North Carolina League of
Municipalities and the North Carolina Association of County Commissioners
acting as the North Carolina Local Government Debt Setoff Clearinghouse
(“CLEARINGHOUSE”)
RECITALS
WHEREAS, the Setoff Debt Collection Act, (‘ACT”), Article 1 of Chapter
105A of the North Carolina General Statutes, authorized the North Carolina
Department of Revenue (“DEPARTMENT”), and claimant agencies to cooperate in
identifying debtors who owe money to the State or to qualifying local agencies
and who qualify for State income tax refunds; and established procedures for
setting off against any refund the sum of any debt owed to the State or local
government; and
WHEREAS, pursuant to NCGS
105A-3, CLEARINGHOUSE has registered with DEPARTMENT to submit delinquent debts
on behalf of a local agency and has thereby become authorized to submit
delinquent debts on behalf of a local agency under the ACT; and
WHEREAS, CLAIMANT AGENCY is
a local agency authorized to submit a debt owed to it pursuant to the ACT; and
WHEREAS, CLAIMANT AGENCY
desires to enter into this agreement with CLEARINGHOUSE in order to participate
under the Setoff Debt Collection Act to increase the collection rate of
delinquent debts owed to CLAIMANT AGENCY; and
WHEREAS, CLEARINGHOUSE has
agreed to submit delinquent debts on behalf of CLAIMANT AGENCY.
NOW THEREFORE, in consideration of the mutual covenants and agreements,
terms and conditions contained herein, CLAIMANT AGENCY and CLEARINGHOUSE
mutually agree as follows:
I.
TERM/TERMINATION
This memorandum of understanding and agreement shall remain and
continue in full force and effect from year to year unless modified or
terminated in writing by either party upon 90 days written notice to the other
party. Upon termination of this
agreement all sums due and owing from either party to the other shall remain a
lawful obligation of the party and be due and payable. CLEARINGHOUSE will erase all claimant data
files from its debt setoff system upon termination.
II.
REPRESENTATIONS AND OBLIGATIONS OF CLAIMANT AGENCY
A.
CLAIMANT AGENCY hereby designates, appoints and authorizes
CLEARINGHOUSE to process delinquent debts to be submitted to Department. For purposes of the Debt Setoff
Clearinghouse Program, “DELINQUENT DEBT” is defined to mean:
i.
A single account or monetary obligation which is at least $50 owed by
debtor to a claimant agency; or,
ii.
A group of accounts or single monetary obligations, each of which is
less than $50, that have been combined to total at least $50, owed by the same
debtor to a claimant agency; or,
iii.
A combination of two or more accounts or monetary obligations, one of
which is at least $50 and the remainder of which when added together equal less
than $50, owed by the same debtor to a claimant agency.
Each account or monetary
obligation may have accrued through contract, subrogation, tort, operation of
law, or any other legal theory regardless of whether there is an outstanding
judgment for the sum. To become a
delinquent debt a period of 60 days must have elapsed between the time CLAIMANT
AGENCY declares all of the applicable accounts or monetary obligations
delinquent and the date the delinquent debt is submitted to CLEARINGHOUSE for
collection.
B.
CLAIMANT AGENCY shall comply with the provisions of the ACT prior
to
the submission of a debt to CLEARINGHOUSE for setoff and shall
provide CLEARINGHOUSE the
date of compliance with its debt submission file.
C.
CLAIMANT AGENCY shall, upon execution of this agreement file a
“participation form” with CLEARINGHOUSE designating a debt setoff coordinator
and a debt setoff contact. Such
participation form shall be updated on an annual basis and at any time there is
a change in the information provided thereon.
CLEARINGHOUSE shall administratively provide participation forms, as
needed, for use by CLAIMANT AGENCY. The
debt setoff coordinator shall be the designated local government employee
authorized to receive notices and communication from CLEARINGHOUSE to insure
that the requirements of this agreement and the requirements of the Act are
met. The debt setoff coordinator shall
supply CLEARINGHOUSE with any and all information that in the opinion of
CLEARINGHOUSE is necessary for the proper implementation of this
agreement. The debt setoff contact will
receive all referrals from debtors.
D.
CLAIMANT AGENCY shall use a file specified by CLEARINGHOUSE to prepare
“debt files” and adjustments to debt files that CLAIMANT AGENCY certifies to
CLEARINGHOUSE are owed to CLAIMANT AGENCY and that CLAIMANT AGENCY desires to
have CLEARINGHOUSE submit to DEPARTMENT for setoff as shown on a document to be
administratively supplied by CLEARINGHOUSE entitled “File Layouts for Submission of Debts from CLAIMANT AGENCY to
CLEARINGHOUSE.” If, in the opinion of
CLEARINGHOUSE, changes to the file format are necessary to carry out this
program, CLEARINGHOUSE shall timely notify the CLAIMANT AGENCY. The CLAIMANT AGENCY covenants and agrees
that it shall immediately implement any changes required by CLEARINGHOUSE. Data file structure will mirror requirements
of DEPARTMENT but may include other fields such as date of debt cancellation. CLEARINGHOUSE will organize capability of
date and time stamping debt for priority setting.
E.
CLAIMANT AGENCY shall transmit a debt file to CLEARINGHOUSE in a method
and format acceptable to CLEARINGHOUSE.
CLAIMANT AGENCY may choose one of three methods for data transmission: (1) customized software application provided
by CLEARINGHOUSE; (2) file transfer protocol; and (3) hardcopy documents
(hardcopy will require payment of costs of data entry services).
F.
CLAIMANT AGENCY shall comply with the notice and hearing procedures set
forth in G.S. 105A-5 prior to the submission of a debt file to
CLEARINGHOUSE. Debt files must be
received on or before Friday at 5:00 p.m. in order to be included in the
following week’s submissions by CLEARINGHOUSE to DEPARTMENT.
G.
CLAIMANT AGENCY shall, after a debt file has been submitted to
CLEARINGHOUSE, advise CLEARINGHOUSE of any debtor repayment or protests and
instructions to delete or reduce a delinquent debt by submitting a new debt
file by close of business on the day the repayment or protest and instructions
to delete or reduce a delinquent debt is received.
III.
REPRESENTATIONS AND OBLIGATIONS OF CLEARINGHOUSE
A.
CLEARINGHOUSE shall, upon receipt of CLAIMANT AGENCY’S debt
file, compile the information and submit the data to the
DEPARTMENT
on Monday of each week.
B.
CLEARINGHOUSE shall remit to the CLAIMANT AGENCY funds received from
DEPARTMENT within a reasonable time from the date of receipt from
DEPARTMENT. Thereafter, CLEARINGHOUSE
shall provide the CLAIMANT AGENCY an accounting of funds collected which will
include the name of the debtor, the debtor’s social security number, and the
amount of the debt setoff as shown on the attached “File Layout for Submission
of Debts from CLAIMANT AGENCY to CLEARINGHOUSE.”
C.
CLEARINGHOUSE will provide CLAIMANT AGENCY an entity version of the
application software system, which will allow CLAIMANT AGENCY to do its own
in-house data entry for transfer to CLEARINGHOUSE. CLEARINGHOUSE will provide free upgrades of the application
software periodically, as needed. The
entity version of the application system will provide both a comprehensive
online help system and a written Installation/Set-up user’s guide. A Pentium class computer with Windows 95 or
above is required by CLAIMANT AGENCY using the application software system.
D.
CLEARINGHOUSE will provide a licensed copy of PKWARE’S PKZIP to
CLAIMANT AGENCY. This software provides
for compression and encryption for the security of the data to be sent to
CLEARINGHOUSE. CLEARINGHOUSE will also
compress and encrypt the data using PKZIP before returning the data to CLAIMANT
AGENCY.
E.
CLEARINGHOUSE will provide a toll free telephone number for use by
CLAIMANT AGENCY to receive technical support and provide information on the use
of software applications and the processing of debts for submission to DEPARTMENT. Technical support and information shall be
available from 8:00 a.m. until 5:00 p.m. EST, Monday through Friday, excluding
holidays. Voice mail and e-mail access
shall also be provided as a part of the support/information response system.
F.
CLEARINGHOUSE will provide, at no cost to CLAIMANT AGENCY, technical
support to CLAIMANT AGENCY, including site visits when advisable or
appropriate. CLEARINGHOUSE will provide
a first-level of support by telephone to attempt to diagnose the problems. However, if first-level support is
unsuccessful, an on-site visit will be made within four (4) business days.
G.
CLEARINGHOUSE will provide, at no cost to CLAIMANT AGENCY, a training
seminar of one to two days each year for CLAIMANT AGENCY’S staff on the use of
the debt setoff application system.
IV. UNDERSTANDING OF PARTIES
A.
To recover the costs incurred by DEPARTMENT in collecting debts, is
imposes a collection assistance fee on each debt collected through setoff. DEPARTMENT must collect this fee as part of
the debt and retain it. To recover the
costs incurred by claimant agencies in submitting debts for collection, a local
collection assistance fee of $15.00 is imposed on each delinquent debt
submitted to DEPARTMENT and collected through set off. DEPARTMENT must collect this fee as part of
the debt and remit it to CLEARINGHOUSE.
If CLAIMANT AGENCY is due a refund of more than $50.00, DEPARTMENT sets
the tax refund off in the amount of the delinquent debt plus its collection
assistance fees and the local collection assistance fee. If DEPARTMENT is able to collect only part
of a debt through setoff, its collection assistance fee has priority over the
local collection assistance fee and over the remainder of the delinquent
debt. The local collection assistance
fee has priority over the remainder of the delinquent debt.
B.
DEPARTMENT has priority over all other claimant agencies whenever it is
a competing agency for a refund. State
agencies have priority over local agencies.
When multiple claims among local agencies are submitted for setoff to
CLEARINGHOUSE, the claims have priority based on the date and time each local
agency requested CLEARINGHOUSE to submit debts on its behalf. The date and time of submission of the debt
file shall constitute the date and time to establish the priority. CLEARINGHOUSE shall use the submission
receipt date and time of original file for priority date and time of specific
debt. Additions to a delinquent debt
through accrued interest and/or penalties will not change the priority date. Any “new” delinquent debt for same CLAIMANT
AGENCY will have a new submission date and time, including new debts for a
previously submitted debtor. A
delinquent debt submitted to CLEARINGHOUSE that has been reduced, by setoff or
otherwise, to an amount of less than $50 may lose its existing priority. If such delinquent debt is thereafter
combined with a future delinquent debt submission for the same debtor and
thereby becomes eligible for setoff, it shall be treated as a part of the “new”
debt and shall be assigned priority based on the future submission. If such delinquent debt, through the
addition of interest or penalties, is thereafter increased to an amount of at
least $50.00 and thereby becomes eligible for setoff, such debt shall retain
its original priority.
C. CLEARINGHOUSE shall not accept a debt file that is not prepared
as specified by
CLEARINGHOUSE or where a period of 60 days has not elapsed
between the time the
CLAIMANT AGENCY declares the debt delinquent and the date the delinquent
debt is
submitted to CLEARINGHOUSE for collection. CLEARINGHOUSE agrees to submit
delinquent debts to Department; provided, however the CLAIMANT AGENCY is
solely
responsible for complying with the ACT,
specifically including the notice and hearing
provisions and other requirements of the act.
D. The CLAIMANT AGENCY
acknowledges that CLAIMANT AGENCY is
responsible for the notice and hearing requirements of the ACT. CLAIMANT AGENCY
affirms
to CLEARINGHOUSE that it will comply with the ACT, specifically including
the
notice and
hearing provisions required by the ACT prior to the submission of a delinquent
debt
to
CLEARINGHOUSE for setoff.
E.
Successful interception funds will be disbursed through Capital
Management of the Carolinas (Capital Management), the agency that oversees
administration of the North Carolina Capital Management Trust. CLAIMANT AGENCY shall have an account with
Capital Management prior to the submission of a delinquent debt to
CLEARINGHOUSE and shall retain said account for as long as this agreement shall
be in full force and effect.
V.
COMPENSATION
A.
CLEARINGHOUSE shall receive as compensation for its services the
$15.00 local collection
assistance fee that is imposed by DEPARTMENT on each delinquent debt that is
submitted by CLEARINGHOUSE and collected through a successful
interception. “SUCCESSFUL INTERCEPTION”
is defined to mean the DEPARTMENT matched all or a portion of a debt submitted
by CLEARINGHOUSE against a State tax refund for interception and payment
towards a delinquent debt owed to CLAIMANT AGENCY.
B.
CLAIMANT AGENCY, by the execution of this agreement, authorizes
CLEARINGHOUSE to retain the $15.00 local collection assistance fee imposed on
each delinquent debt for each successful interception. CLAIMANT AGENCY further authorizes
CLEARINGHOUSE to retain the local collection assistance fee collected by it in
the event CLAIMANT AGENCY is required, by statute or otherwise, to return to a
debtor funds that have been set off by DEPARTMENT.
C.
CLAIMANT AGENCY may not combine individual debts of at least $50 each
by delinquent debtor name and social security number for submission to
CLEARINGHOUSE. Multiple debts less than
$50 owned by the some debtor to a claimant agency, and one debt of less than
$50 and a debt of at least $50 may be combined to meet the $50 threshold and
thereby constitute a delinquent debt which may be submitted to CLEARINGHOUSE.
D.
Existing submitted delinquent debts may be adjusted upwards for
interest, fees, etc., and will retain their original priority order, but not a
later new delinquent debt, even if from the same debtor. New debts will be date stamped by
CLEARINGHOUSE with the later submission date.
E.
In the event of partial payment of a delinquent debt, the CLAIMANT
AGENCY may continue to submit the balance of the debt, if $50 or more, as a
part of subsequent data files. If the
delinquent debt is reduced to an amount of less than $50, it may be combined
with a future delinquent debt submission for the same debtor, and will be
treated as a part of the “new” delinquent debt for purposes of priority and
imposition of the local collection assistance fee.
VI. INDEMNIFICATION/REIMBURSEMENT
CLAIMANT AGENCY fully
understands and warrants to CLEARINGHOUSE that by submission of any delinquent
debt submitted to CLEARINGHOUSE for setoff CLAIMANT AGENCY has complied with
all of the provisions of the ACT and this agreement. The CLAIMANT AGENCY shall hold CLEARINGHOUSE free and harmless
and shall indemnify CLEARINGHOUSE against any and all damages, claims of action,
injuries, actions, liability, or proceedings arising from the failure of
CLAIMANT AGENCY to so perform. CLAIMANT
AGENCY shall be responsible for the repayment of any sums received by it,
including interest, penalties and court costs, to a debtor in the event a court
of competent jurisdiction rules that said repayment is due to a debtor or
debtors.
VII. NOTICE
Any notice required to be given under this Agreement shall be sent by
certified or registered mail postage prepaid to: Julia E. Edwards, Finance Director, Stokes County, P.O. Box 20,
Danbury, North Carolina 27016; and to NCLM, P.O. Box 3069, Raleigh, NC 27602-3069 and NCACC, P.O. Box 1488,
Raleigh, NC 27602-1488, in the case of
CLEARINGHOUSE.
VIII. ASSIGNMENT
This Agreement is not assignable by either party.
IX.
CONFIDENTIAL INFORMATION
In the course of performance
of this Agreement, the parties may find it necessary to disclose to the other
party certain confidential information (“Confidential Information”). Confidential Information includes, but is
not limited to, information relating to the parties’ employees, trade secrets,
customers, vendors, finances, operations, products, and other business
information. The following terms apply
to Confidential Information: (i) the
non-disclosing party shall treat as confidential and use the same degree of
care as it employs in the protection of its own similar confidential
information, but in no event less than a reasonable degree of care; and, (ii)
the non-disclosing party will only use the information in connection with its
business dealings with the disclosing party and shall disclose information only
to employees or contractors having a need to know and who agree to be bound by
the terms of this Section, unless otherwise authorized in writing by the
disclosing party. Information shall not
be subject to these terms if: (i) it is in the public domain at the time of
disclosure, or enters the public domain without breach of this Agreement; (ii)
it is known to the non-disclosing party prior to the disclosure, or it is
independently developed by the non-disclosing party; (iii) it is obtained by
non-disclosing party in good faith from a third party not under obligation of
secrecy to the disclosing party; or, (iv) it is the subject of a court or government
agency order to disclose, provided the non-disclosing party gives prompt notice
to the disclosing party to allow the disclosing party to contest such
order. The obligations set forth in
this Section survive termination, rescission, non-renewal or expiration of this
Agreement.
All information, including
but not limited to printed, written, oral or computer-formatted information,
which CLEARINGHOUSE may gain access to during the course of the performance of
this Agreement shall be the property of CLAIMANT AGENCY, shall be held in the
strictest confidence, and shall be used solely for the business purposes that
are the subject of this Agreement.
CLEARINGHOUSE shall maintain confidentiality of such information not
only during the course of the performance of this Agreement, but following its
termination.
X.
MISCELLANEOUS
A.
This Agreement represents the full and final understanding of the
parties with respect to the subject matter described herein and supersedes any
and all prior agreements or understandings, written or oral, express or
implied. This Agreement may be modified
or amended only by a written statement signed by both parties.
B.
The laws of the State of North Carolina shall govern the terms and
conditions of this Agreement. Should
any dispute arise between the parties concerning any matter under this
Agreement, such disputes shall be submitted to binding arbitration before the
American Arbitration Association, in accordance with applicable rules.
C.
CLAIMANT AGENCY shall enter into no other contract for similar services
with any other entity so long as this Agreement remains in effect.
D.
The CLAIMANT AGENCY shall be identified and contacted as follows:
·
Type of Agency (Check appropriate type)
q
A County, to the extent it is not considered a State agency
q
A municipality
q
A Water & Sewer Authority (created under Article 1 of Chapter 162A)
(Attorney for CLAIMANT AGENCY MUST complete and include Attachment I –Local
Agency Certification)
q
A regional joint agency created by interlocal agreement (created under
Article 20 of Chapter 160A) between two or more counties, cities, or both.
(Attorney for CLAIMANT AGENCY MUST complete and include Attachment I - Local Agency Certification)
q
A public health authority created under Article 2, Part b of Chapter
130A of the General Statues.
q
A metropolitan sewerage district created under Article 5 of Chapter
162A of the General Statues.
q
A sanitary district created under Article 2, Part 2 of Chapter 130A of
the General Statues.
Name of Agency: Stokes County
County Manager: Richard D. Morris
Address: P.O. Box 20
City:
Danbury, North Carolina 27016
Email: rmorris@co.stokes.nc.us
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the day and date first above written, all by authority of their
respective governing bodies.
Stokes
County
NORTH CAROLINA LOCAL GOVERNMENT
DEBT
SETOFF CLEARINGHOUSE
(Local Agency)
![]()
By: By:
(Authorized Official) S.
Ellis Hankins, Executive Director
NC
League of Municipalities
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ATTEST: By: (Clerk) David
F. Thompson, Executive Director
NC
Association of County Commissioners
(SEAL)
This instrument has been preaudited in the
manner required by the Local Government Budget and Fiscal Control Act.
(Signature
of Finance Director)
Approved as to form and legal sufficiency:
(County
Attorney)
Commissioner Joe Turpin
seconded and the motion carried unanimously.
Commissioner McHugh moved
to approve the Agreement for the County to participate in the Debt Setoff
Program. Commissioner Joe Turpin
seconded and the motion carried unanimously.
GENERAL GOVERNMENT –
FINANCE – MULTI-COUNTY WATER CONSERVATION/INFRASTRUCTURE DISTRICT FUNDING
Finance Director Julia Edwards informed the Board of a check in the
amount of $5,427.41 from Person County for the Multi-County District to close
out the funds.
The initial funds in the amount of $274,900 (received in 1997) were
allocated to start the Stokes County Water and Sewer Authority. General Statutes require that the funds be
used for infrastructure development, economic development, or water
conservation.
Finance Director Edwards requested the Board’s direction as where to
allocate the funding of $5,427.41.
Chairman John Turpin entertained a motion to allocate the $5,427.41
funding.
Vice Chairman Inman moved to allocate the $5,427.41 funding to the
Stokes County Water and Sewer Authority to be used accordingly.
Commissioner McHugh seconded and the motion carried unanimously.
GENERAL
GOVERNMENT – PUBLIC BUILDINGS - BUDGET ORDINANCE AMENDMENT #19
Finance Director Julia Edwards requested the approval of Budget
Ordinance Amendment #19, which is
necessary to amend the General Fund to transfer funds for the asbestos
abatement, rewrapping the pipes at Stokes Reynolds Memorial Hospital, and pipe
repairs at Scott Branch. The appropriations are to be changed as follows:
|
Account Number |
|
EXPENDITURES |
|
Decrease |
|
Increase |
|
|
|
Public Buildings
|
|
|
|
|
|
100.4190.440 |
|
Misc. Contractual Services
|
|
|
|
$45,591.00 |
|
100.9910.000 |
|
Contingency
|
|
$45,591.00 |
|
|
|
|
|
|
$45,591.00 |
|
$45,591.00 |
Finance Director Edwards noted that the following justification of the
budget ordinance amendment for fiscal year 2005-06:
·
Project cost for asbestos abatement, rewrapping of pipes of pipes at
Stokes Reynolds Memorial Hospital was not available June 30, 2005. Approved July 11, 2005 Board meeting. The Scott Branch pipe repair project was
presented to the Board on August 8, 2005 and bids were approved on September
12, 2005.
Chairman John Turpin entertained a motion to approve Budget Ordinance
Amendment #19.
Commissioner McHugh moved to approve Budget Ordinance Amendment #19.
Commissioner Joe Turpin seconded and the motion carried unanimously.
GENERAL
GOVERNMENT – SCHOOLS - BUDGET ORDINANCE AMENDMENT #20
Finance Director Julia Edwards requested the approval of Budget
Ordinance Amendment #20, which is necessary to amend the Capital Reserve Fund
to appropriate sales tax to Stokes County Board of Education for matching for
future projects. The appropriations are
to be changed as follows:
|
Account Number |
|
EXPENDITURES |
|
Decrease |
|
Increase |
|
201.5912.017 |
|
Schools- Capital Outlay
|
|
|
|
$1,336.99 |
|
|
|
|
|
|
|
$1,336.99 |
|
Account Number |
|
REVENUES |
|
Decrease |
|
Increase |
|
201.3839.000 |
|
Miscellaneous Revenue
|
|
|
|
$1,336.99 |
|
|
|
|
|
|
|
$1,336.99 |
Finance Director Edwards noted that the following justification of the
budget ordinance amendment for fiscal year 2005-06:
·
This refund is for sales tax.
Local Governments request a refund as of
June 30, 2005, therefore,
the amount of the refund was unable at budget preparation.
Chairman John Turpin entertained a motion to approve Budget Ordinance
Amendment #20.
Commissioner Joe Turpin moved to approve Budget Ordinance Amendment
#20.
Commissioner McHugh seconded the motion.
The Board discussed the current contingency balance.
Finance Director Edwards stated that after this budget amendment, the
contingency line item balance would be $17,538.
The motion carried unanimous.
GENERAL
GOVERNMENT – SOCIAL SERVICES - BUDGET ORDINANCE AMENDMENT #21
Finance Director Julia Edwards requested the approval of Budget
Ordinance Amendment #21, which is necessary to amend the General Fund to
transfer funds for additional cost of professional services for temporary
foster care worker through Vanguard Services. This is due to turnover and the
increased number of foster children. The
appropriations are to be changed as follows:
|
Account Number |
|
EXPENDITURES |
|
Decrease |
|
Increase |
|
|
|
Social Services
|
|
|
|
|
|
100.5310.180 |
|
Professional Services
|
|
|
|
$5,000.00 |
|
100.5310.000 |
|
Salaries and Wages
|
|
$5,000.00 |
|
|
|
|
|
|
$5,000.00 |
|
$5,000.00 |
Finance Director Edwards noted that the following justification of the
budget ordinance amendment for fiscal year 2005-06:
·
This is transferring funds within the department that was already
budgeted. The transfer is due to
turnover and the number of children in the foster care program.
Chairman John Turpin entertained a motion to approve Budget Ordinance
Amendment #21.
Commissioner McHugh moved to approve Budget Ordinance Amendment #21.
Commissioner Joe Turpin seconded and the motion carried unanimously.
GENERAL
GOVERNMENT – HEALTH - BUDGET ORDINANCE AMENDMENT #22
Finance Director Julia Edwards requested the approval of Budget
Ordinance Amendment #22, which is necessary to amend the General Fund to reduce
state funding.
The appropriations are to be changed as follows:
|
Account Number |
|
EXPENDITURES |
|
Decrease |
|
Increase |
|
|
|
Health Department
|
|
|
|
|
|
100.5100.000 |
|
Salaries and Wages
|
|
$10,505.00 |
|
|
|
100.5192.351 |
|
Environmental Health
Maint. & Repairs -
Auto |
|
$600.00 |
|
|
|
|
|
|
|
$11,105.00 |
|
|
|
Account Number |
|
REVENUES |
|
Decrease |
|
Increase |
|
100.3301.251 |
|
Childhood Lead Prevention
|
|
$600.00 |
|
|
|
100.3301.257 |
|
Health Promotion
|
|
$10,505.00 |
|
|
|
|
|
|
|
$11,105.00 |
|
|
Finance Director Edwards noted that the following justification of the
budget ordinance amendment for fiscal
year 2005-06:
·
The Health Department was notified after budget that these funds were
being reduced.
Chairman John Turpin entertained a motion to approve Budget Ordinance
Amendment #22.
Commissioner McHugh moved to approve Budget Ordinance Amendment #22.
Commissioner Joe Turpin seconded and the motion carried unanimously.
GENERAL GOVERNMENT – TAX
ADMINISTRATION – REQUEST FOR PRINTER
Tax Administrator Wren Carmichael presented the following information
(as requested by the Board) regarding purchase of an additional printer:
·
Printer being requested primarily for collection of EMS Delinquent Collections,
but will also be used for other tax department usage
·
Two printers not working to maximum capability
·
Cost of printer $999
·
$200 rebate
The Board discussed the need of the printer for the Tax Department.
Commissioner McHugh moved to approve the request for the printer and
that the Finance Director find the funding for the Tax Department from other
sources than from EMS since the printer would be used for the entire Tax
Department.
Commissioner Joe Turpin seconded and the motion carried unanimously.
GENERAL GOVERNMENT – GOVERNING
BODY – ASPHALT COST ESTIMATES – PINNACLE GREENBOX SITE
Public Works Director Jay Kinney presented the following bids received
for Asphalt Paving at the Pinnacle Green Box Site:
·
AAA Paving/Winston Salem, NC $23,875.00
·
Hiatt Paving Company of Mt. Airy $11,305.00
Director Kinney noted that the following contractors had also been
contacted:
Piedmont Paving, Eddy’s Paving (both from Belews Creek) and Asphalt
Services-Walnut Cove, but received no response. Director Kinney noted the big difference in the bids- $23,875
versus $11,305.
The Board discussed the following regarding the Pinnacle Greenbox Site:
·
Speed limit in front of the site for safety
·
Urgent need for the paving at the site
·
The need for additional bids to compare – only two bids received
·
Whether current driveway can withstand the winter weather-possibly wait
for Spring
·
Possible increased cost if waited till Spring
·
Site being closed for repairs
·
Asphalt work must be done before cold weather
·
Funding for the proposed cost
·
Closing for inclement weather conditions
Vice Chairman Inman and County Manager Rick Morris requested Director
Kinney’s opinion whether the driveway would endure the winter weather. Director Kinney responded that he felt the
current driveway would last until the Spring and re-bid the project at that
time.
Vice Chairman Inman informed Mr. Kinney of a possible contractor –
Stanleyville Paving located in Rural Hall to contact.
Chairman John
Turpin (with support of the Board) requested Director Kinney to try to obtain
one additional bid for the October 24th meeting for further
discussion.
Chairman John
Turpin also directed Finance Director Edwards to find available funding for the
project.
GENERAL
GOVERNMENT – GOVERNING BODY – STORAGE BUILDING FOR THE PINNACLE SITE
Public Works Director Jay Kinney presented the following bids: (bids were obtained by Support Services
Supervisor Danny Stovall):
·
Donnie Amos – Sandy Ridge $1,975.00
·
King Utility Buildings – King $2,100.00
·
Leonard Utility Buildings - Mt. Airy $2,136.00
·
House of Stars – Madison $2,200.00
Mr. Stovall also included the following additional materials cost
needed to finish the building:
·
Electrical/ Heat $450.00 Electrical Contractor
·
Insulation $260.00 Installed by Public Buildings Staff
·
Wall Paneling $375.00 Installed by Public Buildings Staff
·
Vinyl Flooring $125.00 Installed by Public Buildings Staff
·
Total Cost $1,210.00
Mr. Stovall estimated the total project cost = $3,185.00 (taking the
lowest bidder).
The Board discussed the following regarding the proposed project:
·
The urgent need of a new building
·
The bids received
·
The additional cost needed to complete the project
·
Bidder possibly performing the additional work proposed to be done by
Public Buildings Staff
Chairman John Turpin entertained a motion regarding the submitted bids
for the replacement of the building at the Pinnacle Greenbox Site.
Vice Chairman Inman moved to accept the low bidder – Donnie Amos –Sandy
Ridge $1,975 for the purchase of a refuse collection site building and allocate
the additional funding for $1,210 to complete the project totaling
$3,185.00.
Commissioner Joe Turpin seconded the motion.
The Board discussed the possibility of having Mr. Amos complete the
additional work-electrical/heat, insulation, wall paneling, and vinyl flooring
instead of the Public Buildings staff – if cost were lower.
The motion carried unanimous.
Chairman John Turpin directed Mr. Kinney to get an estimate from Mr.
Amos on completing the additional work.
Public Works Director Jay
Kinney reported that the Scott Branch Project was 95% complete and should be
completed within the next week.
Clerk to the Board Darlene Bullins reported that there had been no
response.
Vice Chairman Inman stated that he had a possible nomination, but would
like to wait until the October 24th meeting to nominate.
GENERAL GOVERNMENT –
STOKES COUNTY FIRE COMMISSION – APPOINTMENT
Chairman John Turpin reported that Edsel Dodson had recently submitted
his resignation as a member of the Stokes County Fire Commission effective
immediately.
The Fire Commission will submit a nomination for the Board’s
consideration.
GENERAL
GOVERNMENT – ADMINISTRATION – COST ESTIMATES – FRONT ENTRANCE TO RONALD WILSON
REAGAN MEMORIAL BUILDING
County
Manager Rick Morris informed the Board that the contractor had not been able to
come by to look at the problem at the front entrance of the building.
Mr.
Stovall would be returning to the Board as soon as an estimate is
received.
GENERAL
GOVERNMENT – ADMINISTRATION – PROPOSED SCHOOL RESOURCE OFFICER
County Manager Rick Morris stated that
information received from the King City Manager (as requested by the Board)
indicated that the City did not have an official SRO position and felt that it
would be a very hard sell.
The Board continued the discussion
regarding the requested SRO position at Meadowbrook- cost of position, funding
to be provided by Schools, equipment offered by Sheriff Mike Joyce, billing of
gasoline usage and auto supplies, etc.
Chairman John Turpin entertained a motion
to approve or deny the SRO position at Meadowbrook.
There was no response.
GENERAL
GOVERNMENT – GOVERNING BODY – LEAGUE OF GOVERNMENTS
County
Manager Rick Morris presented a request from the City of King regarding the
scheduled League of Government meeting scheduled for Thursday, October 27th
–6:30 pm to possibly change due to a meeting at the Childress Vineyard
sponsored by the Institute of Government.
The Town of Danbury and Town of Walnut Cove did not have a problem
rescheduling
the meeting.
Chairman
John Turpin presented the following dates for consideration:
·
Thursday, November 10th at 6:30
pm
·
Thursday, November 17th at 6:30
pm
Chairman
John Turpin moved to reschedule the League of Government meeting to Thursday,
November 17th at 6:30 pm.
Commissioner
Joe Turpin moved to reschedule the League of Government meeting to Thursday,
November 17th at 6:30 pm.
Commissioner
Walker seconded and the motion carried unanimously.
Chairman
John Turpin requested if there was any further old or new business for the
Board’s consideration.
Commissioner
McHugh moved to adjourn the meeting.
Commissioner
Joe Turpin seconded the motion.
Vice
Chairman Inman stated that his understanding was that the 05/06 budget would be
discussed following tonight’s meeting.
The
motion failed 2-3 with Chairman John Turpin, Vice Chairman Inman and
Commissioner Walker voting against the
motion.
GENERAL GOVERNMENT – GOVERNING BODY – 2005/06 FISCAL YEAR
BUDGET DISCUSSION
Vice
Chairman Inman stated the following regarding the 2005/06 fiscal year budget:
·
This was a Revaluation year
·
Estimated county wide increased at
approximately 18%
·
Revaluation generated an estimate of
$2 million additional revenue
·
¾ of estimate $2 million revenue
allocated to 05/06 budget
·
Only allocated a shade over $300,000
to fund balance
·
Concerns over next year’s budget
·
Crisis developing for schools
·
The estimated $2 million should have
gone to fund balance
·
Where do we go next year when we
look at budget?
Commissioner
McHugh responded the following:
·
There was not a $2 million increase
due to lowering the tax rate
·
$1 million of the increased revenue
was allocated to the schools
Chairman
John Turpin requested if there was anything further.
Commissioner McHugh moved
to adjourn the meeting.
Chairman John Turpin
seconded the motion.
Vice Chairman Inman
stated that if we adjourn from now until the end of the year, he would keep
bringing the issue up – it will not go away.
The motion carried 3-2
with Vice Chairman Inman and Commissioner Walker voting against the motion.
_________________________
_____________________________
Darlene M. Bullins
John M. Turpin
Clerk to the Board Chairman