STATE OF NORTH CAROLINA                   )                    OFFICE OF THE COMMISSIONERS

                                                                        )                    STOKES COUNTY GOVERNMENT

COUNTY OF STOKES                                  )                    DANBURY, NORTH CAROLINA

                                                                        )                    AUGUST 14, 2006

 

               

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 14, 2006 at 7:00 pm with the following members present:

 

                                                                Chairman Leon Inman

                                                                Vice-Chairman Joe Turpin

Commissioner Sandy McHugh                                                   

Commissioner John Turpin

                                                                Commissioner Jimmy Walker

 

                                                                County Personnel in Attendance:

                                                                Clerk to the Board/Interim County Manager Darlene Bullins

                                                                County Attorney Edward L. Powell

                                                                Finance Director Julia Edwards

                                                DRC Director Tony Hill

                                                Health Director Don Moore

Services Support Supervisor Danny Stovall

                                                                                               

 

Chairman Leon Inman called the meeting to order.

 

Chairman Inman delivered the invocation.

 

GENERAL GOVERNMENT-GOVERNING BODY-PLEDGE OF ALLEGIANCE

 

Chairman Inman 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 Inman entertained a motion to approve or amend the minutes of the July 24th, and August 1st meetings. 

 

Vice Chairman Joe Turpin moved to approve the minutes of the July 24th and August 1st meetings.

 

Commissioner John Turpin seconded and the motion carried unanimously.

 

PUBLIC COMMENTS

The following spoke during public comments.

 

Mr. Sam Townsend

3184 Rosebud Road

Walnut Cove, NC  27052

RE:  Store Property

 

Mr. Townsend expressed concerns regarding store property located on Highway #8.  Mr. Townsend started in April 2006 with rezoning the parcel to Highway Business.  Mr. Townsend stated that no one in the Planning Department had told him that he would have to have an engineer to certify the structure before being able to get a permit.  His concerns also relate to the amount of time in trying to get the permit. Mr. Townsend requested that he just wants to know what actually has to be done in order to complete the project.

 

Chairman Inman instructed Mr. Townsend to call the Interim County Manager tomorrow to resolve the issues.

 

Mr. Gino S. Abrego

129 Marie Drive

King, NC  27021

Re:  Run In Sheds (Mules, Horses, Colts, Ponies)

 

Mr. Abrego requested if the Board had given in consideration to his early request for

Run In Sheds for mules, horses, colts, and ponies.  Mr. Abrego is very concerned with

these animals during the cold winter months.  Mr. Abrego requested the Board consider

Run In Sheds for mules, horses, colts, and ponies in Stokes County and offered the Board his assistance.

 

GENERAL GOVERNMENT – GOVERNING BODY – HONORING MS. BARBARA GOLDEN-WATKINS – VOLUNTEER SERVICE

           

Interim County Manager Darlene Bullins presented Board members with the following proposed Proclamation Honoring Mrs. Barbara Golden-Watkins:

 

 

PROCLAMATION

 

Honoring

 

Ms. Barbara Golden-Watkins

 

WHEREAS, the County of Stokes proudly recognizes individuals who have made an impact in our county; and

 

WHEREAS, Barbara Golden-Watkins through her volunteering has strengthened and improved the quality of life within our county and helped others to live a happier, healthier, and more productive life; and

 

WHEREAS, Barbara Golden-Watkins has touched and enhanced the lives of others each day by giving where there was a need, teaching where there was a desire to learn, and inspiring those who had lost hope; and

 

WHEREAS, Barbara Golden-Watkins is a founding member of the Stokes Volunteer Center Board which instills the responsibility of volunteering as a personal commitment by giving back to the beloved community; and

 

WHEREAS, Barbara Golden-Watkins is a founding member of the Stokes County Habitat for Humanity Board which helps others in need of shelter; and

 

WHEREAS, Barbara Golden-Watkins is a founding member and Board Chairperson of the Walnut Cove Colored School Project which made that dream a reality; and

 

WHEREAS, Barbara Golden-Watkins serves on the Stokes County Child Fatality and Child Protection Team Boards making a difference in the lives of children; and

 

WHEREAS, Barbara Golden-Watkins has served on the Stokes County Board of Health (currently Chairperson), Stokes County Home Health Advisory Board, Healthy Carolinians, Stokes Family Domestic Violence, Stokes County Senior Center Advisory Board, and the Stokes Reynolds Memorial Hospital Board of Trustees (for 32 years) serving the children, adults, and elderly in Stokes County; and

 

WHEREAS, Barbara Golden-Watkins serves on numerous other committees and organizations all with one goal – to benefit the citizens of Stokes County.

 

 

 

 

NOW THEREFORE, BE IT RESOLVED, that the Stokes County Board of Commissioners, on behalf of the citizens of Stokes County, hereby issues this Proclamation to recognize and offer our sincere gratitude to Ms. Barbara Golden-Watkins who has shown everyday through her volunteering that she truly cares about Stokes County and its citizens.

 

Adopted this 14th day of August, 2006.

 

 

___________________________                                 _____________________________

J. Leon Inman - Chairman                             Joe Turpin - Vice Chairman

 

____________________________                             __________________________

Sandy McHugh - Commissioner                              John Turpin - Commissioner          

                                                                                                                 

____________________________                           Attest:                                         

Jimmy Walker - Commissioner                               

                                                                                  __________________________________

                                                                                  Darlene M. Bullins – Clerk to the Board

 

Chairman Inman read the Proclamation Honoring Ms. Golden-Watkins.

 

Chairman Inman entertained a motion to approve the Proclamation Honoring Ms. Barbara Golden-Watkins.

 

Commissioner John Turpin moved to approve the Proclamation Honoring Ms. Barbara Golden-Watkins. 

 

Commissioner McHugh seconded and the motion carried unanimously.

 

Ms. Golden-Watkins expressed her deep appreciation to the Board for the Proclamation to honor her volunteer service and noted that serving the people of Stokes County has been one of the greatest loves of her life.

 

Members of the Board individually expressed their appreciation to Mrs. Golden- Watkins for the volunteer service given to the residents of Stokes County.

 

GENERAL GOVERNMENT – GOVERNING BODY – COURTROOM “C” RENOVATIONS

 

The Honorable Judge Otis Oliver and the Honorable Judge Mark Badgett were present for the discussion of “Courtroom C Renovations”.

 

The Honorable Judge Oliver presented the following information regarding the renovations to Courtroom “C”:

 

·         Main concern – completion of the third Courtroom – Courtroom C

·         History of Stokes County receiving a fourth district court judge- 2004

·         Caseloads have grown and the courts have dramatically increased

·         Schedule of Court calendars since April 2006

o        April 2006 – 7 days with three courts (superior and two district) functioning with 4 of those days having four courts functioning (Magistrate civil court)

o        May 2006 – 4 days with three courts functioning with 2 of those days having four courts functioning

o        June 2006 - 3 days with three courts functioning with 2 of those days having four courts functioning

o        July 2006 – 6 days with three courts functioning with 2 of those days having four courts functioning

o        August 2006- projected 4 days with three courts functioning with 2 of those days having four courts functioning

o        September 2006 – projected 2 days with three courts functioning

o        October 2006 – projected 5 days with three courts functioning

o        November 2006- projected 6 days with three courts functioning

·         Administrative Office of the Courts is in the process of re-wiring all courtrooms across the state with updated equipment – county’s equipment is obsolete and  parts are no longer available

·         Courtroom “C” must be completed before the State will install the recording equipment

·         All civil, juvenile, and child support has to be recorded

·         Criminal cases do not have to be recorded due to being appealed to Superior Court – any other cases are appealed to the Court of Appeals which has to have a transcript

·         Civil court is scheduled two weeks every month in Stokes County due to the overload of cases

·         Juvenile court is 6 days a month

·         Child Support Enforcement is 3 days a month

·         Felony Plea is 1 day a month

·         Narcotic cases 1 day a month

·         Projection in 3-5 years will probably require a fourth courtroom

·         Phase I (fire code requirements) has been completed except for minor paintings of the doors, etc.

·         Discussed Phase II – carpet, construction of Judge’s bench, witness’ box, clerk’s desk, judge’s chambers, etc.- a replica of the upstairs courtrooms

·         Judge chambers are used for secured and non secured custody orders for juveniles which have to be heard within seven days – chambers are used instead of clearing the whole courtroom (only selected people are allowed to attend)

·         Discussed Phase III – jury accommodations – the present jury room needs bathroom facilities – jury accommodations are not as a pressing need at the moment as the complete of the courtroom itself

·         Explanation of fees received by Stokes County from the Administrative Office of the Courts for 07-01-05 through 06-30-06

o        Facility Fees = $78,748.01

o        County Fees Interest = $198.60

o        Officer Fees = $29,674.72

o        Jail Fees = $27,797.25

o        Fines & Forfeitures = $286,032.69 (goes directly to the schools)

o        Total County Fees = $422,451.27

·         Courtroom “C” is inadequate for criminal cases – security issues in transporting prisoners from the upstairs holding cell or the jail – if someone is sentenced, they must be transported by a bailiff to the holding cell or to the jail (if placed in the holding cell, they must be checked on every 30 minutes by the bailiff)

·         Immediate need for the completion of Courtroom “C” with jury accommodations possibly waiting until the next fiscal year 07/08

 

Judge Oliver concluded by urging the Board to proceed with the project and expressed his appreciation to the support given by the County to the Judicial System.

 

Interim County Manager Darlene Bullins explained that approximately $36,000 was spent for fire code requirements during the 2005-06 fiscal year.

 

Service Support Supervisor Danny Stovall presented the following information regarding the renovations to the Courtroom “C”:

 

·         Met with Architect Perry Peterson 08-14-06 to discuss the following renovations: (duplicate to upstairs courtroom)

o        Enlargement judge’s chambers-remove ext. walls behind courtroom)

o        Handicapped accessible items

o        Handicapped accessible toilet room in the Judge’s chambers

o        Judge’s bench area with similar finishes to the upstairs courtroom

o        Witness box in the bench area

o        Jury box

o        Jury deliberation conference room

o        New public gallery seating

o        New ceilings

o        New wall fixtures

o        New light fixtures

o        New carpet

·         The above scope of the work estimated at between $90,000 to $100,000

·         Architecture/Engineering Fee estimated between $7,500 to $10,000

·         Single toilet in jury room very expensive element due to significant work is below the floor slab to connect sewer lines or a sewer pump if the lines are not deep enough to permit proper fall – estimate $30,000

·         Judge’s bench are woodworking would cost approximately $15,000 to $20,000

·         Even if the jury accommodations could wait, the issue to consider is the placement of lines across the courtroom – possibly having to tear up carpeting and walls that have just been renovated

·         If funding were available immediately, completion of project no sooner February or March 2007

 

Mr. Stovall concluded that a more exact quote could be obtained from Mr. Peterson if desired by the Board.

 

Interim County Manager Bullins noted the following regarding the funding received during the 05/06 fiscal year:

 

·         $89,687.73 – Facility fees

·         $22,914.10 – Revenue associated with the Sheriff’s Budget

·         $23,888.78 – Revenue associated with the Jail’s Budget

·         Fiscal Year 05/06 Budget for Superior Court = $61,049.21 which does not include utilities, water/sewer, custodian services or maintenance to the building

 

The Board discussed the Courtroom renovations, budgetary issues relating to the renovations, bidding issues, factual information being obtained from the judicial system/clerk’s office, etc. regarding the renovations, plan approval from the Administrative

Office of the Courts, and a possible committee for the renovation project.

 

Vice Chairman Joe Turpin moved to direct the Interim County Manager to establish a judicial facility review committee comprised of the judicial system/clerk’s office/county personnel, etc. to report back to the Board regarding the Courtroom “C” renovations.

 

Commissioner McHugh seconded and the motion carried unanimously.

 

Chairman Inman directed the Interim Manager to establish the committee as soon as possible.

 

Interim County Manager Darlene Bullins presented the request from the Honorable Judge Mark Badgett regarding (2) 8’ tall bookcases for his judicial office located in the Stokes County Government Center.

 

Vice Chairman Joe Turpin moved to approve the request of $1,168.00 for bookcases as requested by Judge Badgett.  Commissioner John Turpin seconded the motion.

 

Commissioner Walker expressed concerns with expensing funding for non-emergency items before the first quarter revenue/expenditure review in October.

 

Judge Badgett stated that the bookcases were not an urgent need (books are currently stored in boxes) and could wait until after the revenue/expenditure review.

 

The motion carried (4-1) with Commissioner Walker voting against the motion.

 

GENERAL GOVERNMENT – GOVERNING BODY – DANBURY WATER SYSTEM – UPDATE/FUNDING REQUEST

 

Mayor Jane Priddy-Charleville- Town of Danbury presented the following information regarding the Danbury Water System:

 

·         Immediate problems

o        Low water pressure on the north side of the County

o        At risk well close to Highway 89

o        Replacing green sand filters at well number two

·         Town of Danbury requesting financial assistance from Stokes County to be applied as a local match and approval to proceed with funding requests to both NC Rural Economic Development Center (Rural Center) and the Appalachian Regional Commission (ARC) for the Danbury Water System

·         The County’s assistance will show strong local support increasing the Town and County’s chances for success

·         Estimated cost of updating the complete system is $500,000 as determined by Steve Cavanaugh and Associates

·         Town of Danbury is applying to Rural Center for $100,000 which requires a 5% match- Rural Center grant (if obtained) is based on $10,000 for each new job that will be created over the next 12-18 months as a result of the improved water system

·         The minimal match is 5% for the Rural Center, but a higher match would strengthen the chances for success

·         Town of Danbury will also be applying to ARC for $200,000 along with other applications to Golden Leaf, Clean Water Trust Fund, EPA Small Flows, American Water Works Association, etc.

·         Danbury getting ready to change – a 20 home project is planned which is seeking voluntary annexation

·         Vacant buildings in the town that are being considered for occupancy for new businesses

·         Urgent need for the renovations to the system

·         Angelo Franceschina, President of the Rural Initiative Project, Inc has contracted with the Town to assist in the grant seeking and application process

·         Currently, the Town has received mandates from the State regarding water pressure issues on Hanging Rock Forest Road – an estimate of $869 has been obtained to correct this problem

·         ARC has agreed to accept an update 2004 engineer’s report saving the Town approximately $5000 to $7500 for another report – Town of Danbury funded the cost of the original engineer’s report in 2004 – approximately $10,000

·         Grant was applied for in 2004- no funding appropriated

·         The County is the largest institutional user – approximately 22,000 gallons per day, residential usage is approximately 16,000 gallons per day

·         Town is obligated to show the 10 jobs created

 

The following were also present for the agenda item:

 

·         Angelo Franceschina, President of the Rural Initiative Project, Inc.

·         Steve Cavanaugh, Cavanaugh and Associates

·         Mayor Pro Tem Carolyn Manuel

·         Council Member Joe Del Guercio

 

Mr. Angelo Franceschina noted the following regarding the Town’s request:

 

·         Total projected cost = $500,000

·         Estimated cost in 2004 for the project $450,000 with cost increasing to approximately $500,000 in 2006

·         $350,000  = Priority Repairs to obtaining a good operating system

·         A higher local match than required represents the County’s commitment to the project and possibly strengthens the chances of receiving funding

·         Pre application due in September 2006

·         Approval from the Rural Center projected to be awarded in November or December

·         County would also need to authorize the Town to proceed with the grant process due to the Water System is owned by the County and currently being leased by the Town

·         Other grants are being applied for to try to reach the $350,000 need for the priority repairs

·          Grants for this cycle will be very competitive – Town needs to be in the strongest position possible to make the grant happen – a greater match from the County could help make that happen

 

The Board discussed the following regarding the Town’s request:

 

·         Urgent need for repairs to the system

·         Original request of a minimal of $5,000, enhancement of additional match to improve chance of obtaining the funding

·         Rural Center Grant of $100,000

·         ARC Grant of $200,000

·         County funding will be needed upon approval from the Rural Center

·         Need for repairs for future growth in the area

·         Cost continues to increase for repairs each year

·         Funding be allocated from the Economic Development contingency account versus being allocated from the regular contingency

·         Timeline of the grant application and proposed project

·         Current Contingency Accounts – Finance Director Julia Edwards reported the following:

o        Economic Development Contingency = $85,000

o        Regular Contingency = $130,000

o        Leave Cost Contingency = $100,000

o        Capital Equipment Contingency = $3,237

o        Fuel Cost Contingency = $45,000

 

Mr. Steve Cavanaugh, Cavanaugh and Associates, explained the cost projections, excess capacity, urgent need for repairs, and future growth of the system.

 

Commissioner Walker noted that a $10,000 appropriation would equal the Town’s contribution of $10,000 for the engineer’s report.

 

Commissioner Walker moved to approve $10,000 funding for the matching grant for the Rural Center Grant.  Chairman Inman seconded the motion.

 

The Board discussed the funding allocation further.

 

Vice Chairman Joe Turpin noted the need to increase the matching funding to possibly $25, 000.

 

Commissioner McHugh requested a short recess to study the proposed allocation.

 

Commissioner Walker withdrew his motion in order for the Board to take a short recess.

 

Chairman Inman withdrew his second to the motion.

 

The Board took a 10-minute recess.

 

The Board returned to regular session of the August 14th meeting.

 

Vice Chairman Joe Turpin moved to appropriate $25,000 for the matching grant to the Rural Center for the Danbury Water System. 

 

Commissioner McHugh seconded the motion.

 

Vice Chairman Joe Turpin amended his motion to allocate the funding from the Economic Development Contingency line item. 

 

Commissioner McHugh seconded the amendment to the motion.

 

The Board further discussed the amended motion.

 

Commissioner Walker reiterated his position of allocating $10,000 for the matching grant.

 

The amended motion carried (4-1) with Commissioner Walker voting against the motion.

 

Vice Chairman Joe Turpin moved to allow the Town of Danbury to proceed with grant applications to the Rural Economic Development Corporation (Rural Center) and the Appalachian Regional Commission and any other applicable grant that may be available.

 

Commissioner McHugh seconded and the motion carried unanimously.

 

GENERAL GOVERNMENT – DISTRICT RESOURCE CENTER – PERSONNEL REQUEST

 

District Resource Director Tony Hill requested the Board’s reconsideration for the following personnel requests that were requested in the 2006-07 budget, but not funded:

 

·         Reclassification of Office Assistant II to Office Assistant III – Additional County Funding  = $2,298

o        Accurately reflects the current responsibilities of the position

o        Duties of the position include the addition of the Pretrial Release Program – daily support in case management and drug screening

·         Work Program Assistant part time position to full time position –

Additional County Funding = $12,506

o        Work Program constantly growing in need of expanded capacity

o        Addition of full time personnel will enable the Pretrial Release Program to take on more community assistance projects

o        Position will also assist in participant check-ins, drug screening, and other case management duties

o        Position will work on Saturday and Sunday in order to utilize community service workers

·         Maintaining $1500 in part time salaries to cover full time position in case of sickness or vacation

·         Total additional County funding = $14,804

·         Stokes County is the only county in the state with the Pretrial Work Program using sentenced offenders

·         Work Program has probably saved the county the addition of one or more positions in the Public Buildings Department

·         Current duties being maintained by the Work Program

o        Maintaining and mowing of all Governmental Center Complex including Administrative Building, DSS, Health, Jail; Danbury Library, E911 Center, Helicopter Landing, DRC Facility, Impoundment Lot

o        Recently added the Prison Camp along with the Community Services Building

·         Grants have been obtained to purchase equipment such as zero turn radius mower, walk behind mower, van, trailer for hauling equipment, weed eaters and leaf blowers – estimated at $40,000 at no cost to the county

 

Commissioner McHugh moved to approve the reclassification of Office Assistant II to Office Assistant III, Work Program Assistant part time to full time position, and $1500 for part time with the amount of $14, 804 additional county funding. 

 

Vice Chairman Joe Turpin seconded the motion.

 

The Board further discussed the request from DRC Director Tony Hill.

 

Commissioner Walker reiterated that no additional staffing or reclassification for any  department should be considered until after the first quarter revenue/expenditure review.

 

Commissioner Walker noted the benefits the County receives from the program, but the timing of the request was not right.

 

Chairman Inman agreed with Commissioner Walker’s comments regarding the benefits of the program, but could not support any reclassifications or personnel request at this time.

 

Commissioner McHugh amended the motion to make the effective date immediately.

 

Vice Chairman Joe Turpin seconded the amendment to the motion.

 

The amended motion carried (3-2) with Chairman Inman and Commissioner Walker  voting against the motion.

 

GENERAL GOVERNMENT – HEALTH DEPARTMENT – BUDGET REQUEST – FISCAL YEAR 2006-07

 

Director Don Moore requested the reconsideration of the proposed budgets for the Health Department, Home Health, and Environmental Health that was submitted to the Budget Officer which included the following:

               

·         Increase in Nurses’ salaries to enhance recruitment (currently four nursing positions vacant) increase in salaries to be competitive in the Triad Metropolitan area – increase will place nursing salaries at approximately

93 % of the average nursing salary in the Triad Metropolitan area

·         Personnel needed to support the King Clinic

·         Vehicle for Environmental Health which will increase productivity by decreasing time to sites and increasing reliability – currently one vehicle is out for maintenance at least two or three days a month

·         Point of Service Equipment and Software for Home Health which will increase productivity and revenue – no cost to the county

·         Health Department budget request meets the salary and personnel needs with less County funding than the adopted budget

·         Home Health Department produced in excess of approximately $84,000 in revenue for the County for the past fiscal year (un-audited figures)

·         Environmental Health revenue exceeded expenses by approximately $30,000 during the past fiscal year (un-audited figures)

·         Amendment for the approved salary for the Environmental Health Specialist will also be needed – proposed budget was already submitted prior to the approval of the hiring salary for the Environmental Health Specialist

·         Reclassification (approved by the State) of Administrative Assistant to Administrative Officer I – salary being requested $36,000 – median salary rate according to MSA is $20.33 per hour

·         Part time Office Assistant (60%) to full time position to cover the increase of patient flow and for a full time position upon opening the King Clinic

·         Patient flow has increased by 50%

·         Revenue collections have increase 40% to 50%

·         Health Department revenue exceeded expenses by approximately $228,000 (un-audited figures)

·         King Clinic budget was adopted without considering that personnel requirements from the Danbury location nor the necessity for nurse recruitment

·         Inhibiting our productivity and revenue potential while allocating more County funds than was requested seems to be counter-productive at best

·         Saving of approximately $7,000 to $8,000 of county funding

·         Discussion of Health Department Revenue budgeted from Stokes County General Fund 1997-98 = 35.1% compared to 2006-07 = 14.1% with the request reducing the county share for 2006-07 = 12.4%

 

Health Director Moore reiterated the request includes Health and Home Health Departments’ nursing salaries and position increases, Point of Service Equipment and Software for Home Health, and the vehicle for Environmental Health.

 

Health Director Moore concluded by requesting the final submission Budgets for Health, Home Health, and Environmental Health be accepted as an amendment to the adopted fiscal year 2006-07 county budget.

 

Finance Director Julia noted that currently there is $18,600 in Capital Reserve set a side for the purchase of a vehicle for Environmental Health.

 

Vice Chairman Joe Turpin questioned if the Health Board had been made aware of this request.  Director Moore responded that the information had been sent in their Board package and had received no comments.

 

Commissioner Walker requested if the Finance Director had time to review the submitted budgets. 

 

Finance Director Julia Edwards noted that this was the first time the information had been given to her.

 

Health Director Moore noted that revenues have been increased, with the increased salaries for nurses and vacant position filled, the filled positions will produce revenue.  If the positions are not filled, expenditures and revenues will wash.  Director Moore also noted

that in comparing services provided by both budgets, the adopted budgets in June will not provided the services that the requested budgets will.

 

Chairman Inman requested if the Board could have two weeks to review this request.  Director Moore noted the need to fill and retain nursing positions.

 

Vice Chairman Joe Turpin moved to postpone this agenda item until the next meeting (August 28th). 

 

Commissioner Walker seconded and the motion carried (3-2) with Commissioner Walker and Commissioner McHugh voting against the motion.

 

GENERAL GOVERNMENT – GOVERNING BODY – PROPOSED LEASE AND RESOLUTION – VACANT DSS BUILDING – STOKES SAFE SHELTER, INC.

 

Interim County Manager Darlene Bullins presented the following proposed Lease between Stokes County and Stokes SAFE Shelter, Inc. regarding the vacant building located at 508 Main Street, Danbury, NC (old DSS Building):

 

 

NORTH CAROLINA                           )

                                                            )           LEASE AGREEMENT

STOKES COUNTY                            )

 

 

                THIS LEASE, made and entered into this the 14th day of August, 2006, by and between the County of Stokes, hereinafter referred to as the “Landlord”, and the Stokes SAFE Shelter, Inc. hereinafter referred to as the “SAFE Shelter”, a local non-profit organization, hereinafter also referred to as “Lessee;”

 

W I T N E S S E T H:

 

                The Landlord does hereby Lease and demise unto the Lessee, and the Lessee does hereby rent from the Landlord for the term hereinafter mentioned, the vacant property owned by the Landlord known as the former Social Services Building, and described as follows:

 

 

 

Being located in the County of Stokes at 506 Main Street, Danbury, North Carolina, consisting of a two-story building with approximately 4500 square foot of space (2250 sq. ft top level and 2250 sq. ft. bottom level) (Lessee will have access to parking spaces behind the building)

 

                The term of this Lease is for ten (10) years, commencing August 14, 2006, and ending August 14, 2016 with a ten-year renewal option.

 

                As rental for said premises, the Lessee will pay to the Landlord the sum of One Dollar ($1.00) per year, payable at the beginning of the term of the Lease and any subsequent term, which may be approved by the Landlord.

 

                Lessee agrees to maintain the building located on said premises in good repair, and agrees to pay the cost of all renovations made to said property and to make necessary minor repairs and upkeep, Lessee also agrees to surrender possession of the premises upon the termination of the Lease in as good condition as they are at the commencement thereof, ordinary wear and tear excepted.  It is understood by the parties that Lessee will renovate and repair the building at no cost to the Landlord.  Lessee, as of this date, accepts the property in as-is condition. 

 

                Lessee also agrees to pay all bills incurred for water, electricity, and heat/air conditioning in the use and enjoyment of the demised premises, but the County agrees to pay the cost of keeping the building on said premises adequately insured against damage by fire or other casualty.  Safe Shelter agrees to maintain any desired insurance on the personal property and contents located within the leased premises.

 

                Lessee agrees to make no unlawful use of the demised premises and agrees to abide by all County, State or other laws applicable to the use and enjoyment of the premises.  The parties anticipate the demised premises to be used for a Thrift Shop and meeting quarters of the SAFE Shelter, Inc.

 

                In the event the building located on said premises should be destroyed by fire or other casualty to the extent that same is unusable for the purposes for which they are intended, and if the Landlord should not elect to repair and restore the building, then, in such event, this Lease shall terminate.

                The Lease shall not be transferred or assigned, nor the demised premises or any part thereby sublet by the Tenant except with the written consent of the Landlord.

 

                This Lease can be terminated by either party by giving the other party at least a (90) day written notice.

 

The Lessee agrees to place only such sign(s) upon the building as first approved by the Town of Danbury and to use its best efforts in helping to maintain all exterior portions of the building in keeping with the historic nature of the building and the serene nature of the Town of Danbury in which the same is located.  Lessee agrees to exercise its best efforts in making the demised premises a community asset and a credit to the County and Town of Danbury.

 

                IN WITNESS WHEREOF, the County of Stokes has caused the instrument to be executed in duplicate, each of which shall be considered an original, by its proper officers, and the SAFE Shelter, Inc has caused this instrument to be executed in its name by its proper officers, all on the day and year first above written.

 

 

                                                                                                STOKES COUNTY - LANDLORD

 

 

                                                                                                By: __________________________________

                                                                                                                J. Leon Inman, Chairman

 

Attest:

 

____________________________________

Darlene M. Bullins, Clerk to the Board

 

                                                                                                STOKES SAFE SHELTER, INC -LESSEE

 

 

                                                                                                By: ______________________________________

                                                                                                                Chairman

 

Attest:

 

____________________________________

                          Secretary

 

Approved as to form and legal sufficiency:

 

____________________________________

Edward  Powell, Stokes County Attorney

                Interim Manager Bullins noted the following:

 

·         Lease did not include any insurance clause which requires the Lessee to carry additional public liability insurance against bodily injury, death or property damage occurring in or on or about the demised premises as standard in County leases

·         Lease include a 90-day termination date

·         County Attorney Edward Powell had reviewed and approved the proposed Lease; Attorney Powell reiterated the need for a termination clause for mutual benefit of both parties

 

Mr. Eric Cone, Chairman- Stokes SAFE Shelter, Inc. had also reviewed the Lease.  Chairman Cone noted concerns with the 90-day termination clause.  Mr. Cone noted that  grants have been applied for and worried that if large amounts of funding and hundreds

of man hours have been spent to renovate the building, the County could terminate the clause with only a 90-days notice.  Mr. Cone suggested a termination clause with breech of contract or misuse of the building.

 

The Board discussed the proposed Lease and the 90-day termination clause.

 

County Attorney Ed Powell noted that it was entirely the Board’s discretion to amend the termination clause, but did recommend the 90-day termination clause be included as presented by the Interim County Manager.

 

Interim County Manager Bullins concluded by expressing her appreciation to the Public Works Department, Services Support Supervisor Danny Stovall, DRC Director Tony Hill and staff for the help in removing all the items stored in the old DSS Building.  The

Building is now completely empty and ready to be turned over to the Stokes SAFE Shelter, Inc.

 

Commissioner McHugh moved to approve the Lease with Stokes SAFE Shelter, Inc.  with the amendment to replace the 90-day termination clause with “This Lease can be terminated by either party by giving the other party at least a (30) day written notice for

cause”. 

 

Vice Chairman Joe Turpin seconded the motion.

 

County Attorney Ed Powell recommended to amend the Lease as follows: 

 

"This Lease can be terminated for cause by either party by giving the other party at least a (30) day written notice”.  Mr. Cone agreed to the County Attorney’s amendment to the Lease.

 

Commissioner McHugh amended her motion to read as the County Attorney recommended. 

 

Vice Chairman Joe Turpin amended his second.

 

The amended motion carried unanimously.

 

Interim County Manager Darlene Bullins presented the following proposed Resolution as required by General Statute 160A-272 for the Board’s consideration:

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF STOKES COUNTY, NORTH CAROLINA APPROVING THE LEASE OF PROPERTY TO STOKES SAFE SHELTER, INC.

BE IT RESOLVED by the Board of Commissioners of Stokes County, North Carolina, as follows:

WHEREAS, Stokes County is authorized pursuant to G.S. 160A-272 to lease property for such terms and upon such conditions as the Board of Commissioners may determine; and

WHEREAS, property may be leased by Stokes County only pursuant to a Resolution of the Board of Commissioners authorizing the execution of the lease adopted at a regular meeting of the Board of Commissioners; and

WHEREAS, ten days public notice of the intent of the Board of Commissioners to authorize the lease described herein was given in accordance with the provisions of G.S. 160A-272.

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

1. The Board of Commissioners of the Stokes County hereby authorizes the Chairman to execute a Lease Agreement with the Stokes SAFE Shelter Inc. for property owned by Stokes County.  The property to be leased is a vacant building of approximately 4500 square feet located at 508 Main Street, Danbury, North Carolina.  The approved Lease Agreement is attached hereto labeled Exhibit "A" and incorporated herein by reference.

2. The Board of Commissioners of Stokes County hereby determines that the property described in the Lease Agreement attached hereto labeled Exhibit "A" will not be needed by the County for the term of the lease.

This Resolution adopted this 14th day of August, 2006.

_______________________                                                         _________________________

J. Leon Inman- Chairman                                             Joe Turpin – Vice Chairman

_____________________________                             __________________________

Sandy McHugh - Commissioner                                John Turpin - Commissioner         

 

____________________________                 Attest:    _______________________           

Jimmy Walker – Commissioner                                   Clerk to the Board

 

Seal               

 

Attachment

 

 

Vice Chairman Joe Turpin moved to approve the proposed Resolution of the Board of Commissioners of Stokes County, North Carolina Approving the Lease of Property to Stokes SAFE Shelter, Inc. 

 

Commissioner McHugh seconded and the motion carried unanimously.

           

GENERAL GOVERNMENT – TAX ADMINISTRATION/GIS-MAPPING - 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 transfer funds from contingency to reclassify permanent part time position to full time in the GIS/Mapping

 

Department and 5% salary increase for the Tax Administrator effective 07-24-06.  The

 

appropriations are to be as follows: 

 

Account Number

EXPENDITURES

 Decrease

 

 Increase

 

Tax Administration

 

 

 

100.4140.000

Salaries and Wages

 

 

$2,747.00

100.4140.090

Social Security

 

 

$171.00

100.4140.091

Medicare

 

 

$40.00

100.4140.100

Retirement

 

 

$136.00

100.4140.101

401(k)

 

 

$28.00

 

 

 

 

 

 

GIS/Mapping

 

 

 

100.4141.000

Salaries & Wages

 

 

$24,743.00

100.4141.020

Salaries & Wages-Perm. P/T

$18,628.00

 

 

100.4141.090

Social Security

 

 

$380.00

100.4141.091

Medicare Tax

 

 

$89.00

100.4141.100

Retirement

 

 

$301.00

100.4141.101

401(k)

 

 

$62.00

100.4141.110

Group Insurance

 

 

$3,117.00

100.4141.111

Dental Insurance

 

 

$237.00

100.9910.000

Contingency

$13,423.00

 

 

 

 

$32,051.00

 

$32,051.00

 

 

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

 

                Finance Director Edwards noted that the following justification of the budget

 

ordinance amendment for fiscal year 2006-07:

 

·         Approved July 24, 2006, Board of County Commissioners meeting.

 

Chairman Inman entertained a motion to approve Budget Ordinance

 

Amendment #6.

 

Vice Chairman Joe Turpin moved to approve Budget Ordinance Amendment #6.

 

Commissioner McHugh seconded and the motion carried (3-2) with Chairman Inman and

 

Commissioner Walker voting against the motion.

 

GENERAL GOVERNMENT – JAIL - BUDGET ORDINANCE AMENDMENT #7

 

                Finance Director Julia Edwards requested the approval of Budget Ordinance

 

Amendment #7, which is necessary to amend the General Fund to re-appropriate SCAAP

 

funds budgeted fiscal year fiscal year 2005-06 for copier services.    The appropriations are

 

to be as follows: 

 

Account Number

EXPENDITURES

 Decrease

 

 Increase

 

Jail

 

 

 

100.4320.430

Rental of Equipment

 

 

$3,000.00

 

 

 

 

$3,000.00

 

This will result in a net increase of $3,000.00 in the appropriations of the General Fund.

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

 

Account Number

EXPENDITURES

 Decrease

 

 Increase

100.3991.000

Fund Balance

 

 

$3,000.00

 

 

 

 

$3,000.00

 

                Finance Director Edwards noted that the following justification of the budget

 

ordinance amendment for fiscal year 2006-07:

 

·         SCAAP funds budget fiscal year 2005-06 to purchase DVR system.  The cost for the DVR systems came in above budget.  Jail Captain requesting the funds to be re-appropriate to join the County’s contract for copier services.

 

Chairman Inman entertained a motion to approve Budget Ordinance

 

Amendment #7.

 

Commissioner John Turpin moved to approve Budget Ordinance Amendment #7.

 

Vice Chairman Joe Turpin seconded and the motion carried unanimously.

 

GENERAL GOVERNMENT – HEALTH 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 additional

 

funds from a WIC Mini Grant to purchase a laser printer for WIC vouchers, digital adult

 

scales, digital infant scales and infantometer (measuring device).  The appropriations are to

 

be as follows: 

 

Account Number

EXPENDITURES

 Decrease

 

 Increase

 

Health Department

 

 

 

100.5100.511

Equipment-Non Capitalized

 

 

$1,239.00

 

 

 

 

$1,239.00 

 

This will result in a net increase of $1,239.00 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

100.3301.230

WIC-Clinic & Admin.

 

 

$1,239.00

 

 

 

 

 $1,239.00

 

                Finance Director Edwards noted that the following justification of the budget

 

ordinance amendment for fiscal year 2006-07:

 

·         Additional state funding for WIC Nutrition Program

 

Chairman Inman entertained a motion to approve Budget Ordinance

 

Amendment #8.

 

 

Vice Chairman Joe Turpin moved to approve Budget Ordinance Amendment #8.

 

Commissioner McHugh seconded and the motion carried unanimously.

 

GENERAL GOVERNMENT – ADMINISTRATION/SPECIAL APPROPRIATIONS - 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

Northwest Piedmont RPO funding for Stokes County.  The appropriations are

 

to be as follows: 

 

Account Number

EXPENDITURES

 Decrease

 

 Increase

 

Administration

 

 

 

100.4110.490

Dues and Subscriptions

$500.00

 

 

 

Special Appropriations

 

 

 

100.4961.492

Northwest Piedmont RPO

 

 

$500.00

 

 

$500.00

 

$500.00

This will result in a net increase of $0.00 in the appropriations of the General Fund.

 

                Finance Director Edwards noted that the following justification of the budget

 

ordinance amendment for fiscal year 2006-07:

 

·         Funding from Stokes County for Fiscal Year 2006-07

 

Chairman Inman entertained a motion to approve Budget Ordinance

 

Amendment #9.

 

Commissioner McHugh moved to approve Budget Ordinance Amendment #9.

 

Commissioner John Turpin seconded and the motion carried unanimously.

 

GENERAL GOVERNMENT – STOKES COUNTY NURSING HOME COMMUNITY ADVISORY COMMITTEE - APPOINTMENT

 

Chairman Inman presented the July 24th nomination of Donna Sutphin to serve on the Stokes County Nursing Homes Community Advisory Committee.

 

Commissioner McHugh moved to appoint Donna Sutphin to serve on the Stokes County Nursing Homes Community Advisory Committee.  

 

Vice Chairman Joe Turpin seconded and the motion carried unanimously.

 

GENERAL GOVERNMENT – STOKES COUNTY PLANNING BOARD-APPOINTMENT

 

Chairman Inman informed the Board of the following vacancies on the Stokes County Planning Board:

 

·         Big Creek

·         Quaker Gap – Ronnie Tilley – nominated at the July 24th meeting

 

 

Commissioner John Turpin moved to appoint Ronnie Tilley to serve on the Stokes County Planning Board representing Quaker Gap. 

 

Vice Chairman Joe Turpin seconded and the motion carried unanimously.

 

GENERAL GOVERNMENT – WORK FIRST PLANNING COMMITTEE – APPOINTMENTS

 

Chairman Inman presented the July 24th nominations to serve on the Work First Planning Committee:

           

·         County Board of Social Services - Christine Hopkins

·         Board of Area Mental Health Authority - Mike Beasley

·         Local Public Health Board - Greg Collins

·         Local School System - Robert Parker

·         Business Community - Kim Chrisite - Job Link

·         Board of County Commissioners - Commissioner Sandy McHugh

·         Community -Base organizations that are representatives of the population to be served - Mike Culler - King Outreach Ministries

·         Local Community Transportation System - James Dalton - JD Cruises

·         Faith Based Organization - Betsy Higgins - East Stokes Ministry

·         Child Welfare Staff- Marsha Marshall

·         Other - DSS Director Jan Spencer

           

Commissioner John Turpin moved to appoint the following to serve on the Work First Planning Committee:

·         County Board of Social Services - Christine Hopkins

·         Board of Area Mental Health Authority - Mike Beasley

·         Local Public Health Board - Greg Collins

·         Local School System - Robert Parker

·         Business Community - Kim Chrisite - Job Link

·         Board of County Commissioners - Commissioner Sandy McHugh

·         Community -Base organizations that are representatives of the population to be served - Mike Culler - King Outreach Ministries

·         Local Community Transportation System - James Dalton - JD Cruises

·         Faith Based Organization - Betsy Higgins - East Stokes Ministry

·         Child Welfare Staff- Marsha Marshall

·         Other - DSS Director Jan Spencer

 

Vice Chairman Joe Turpin seconded the motion.

 

Commissioner McHugh questioned whether she should abstain from the vote due to being a nominee. 

 

The Board agreed there was no personal gain in being on the Committee and did not need to abstain from the vote.

 

The motion carried unanimously.

 

GENERAL GOVERNMENT – STOKES HEALTH SERVICES ALLIANCE

 

Chairman Inman presented the following appointments to serve on the Stokes Health Services Alliance from President Douglas Atkinson-Stokes Health Services Alliance:

 

·         Commissioner Sandy McHugh

·         Frank Duncan

·         Bob “Crow” McGee

 

The Stokes Health Services Alliance unanimously approved the appointments at their July 11th meeting.

 

Commissioner Sandy McHugh nominated Frank Duncan and “Crow” McGee.         

 

Vice Chairman Joe Turpin nominated Commissioner Jimmy Walker.

 

Commissioner John Turpin nominated Commissioner Sandy McHugh.

 

The nominations can be considered at the August 28th meeting.

 

GENERAL GOVERNMENT – STOKES COUNTY FIRE COMMISSIONERS- APPOINTMENTS

 

Chairman Inman informed the Board that the Stokes County Fire & Rescue Association had nomination the following to serve:

 

·         Tommy Carter

·         Mike Merritt

 

Commissioner McHugh nominated Tommy Carter and Mike Merritt to serve on the Stokes County Fire and Rescue Association.  Nominations can be considered at the August 28th meeting.

 

GENERAL GOVERNMENT – GOVERNING BODY – SPECIAL APPROPRIATION

EAST WALNUT COVE PARK AND COLLINSTOWN COMMUNITY CENTER

 

Vice Chairman Joe Turpin presented approval information from Attorney David Lawrence-Institute of Government-Chapel Hill and County Attorney Edward Powell regarding the Special Appropriation that was approved in the fiscal year 2006-07 budget for

the Community/Park Partner Program.

 

Vice Chairman Joe Turpin moved to approve the motion per the approval of the Fiscal Year 06-07 budget to appropriate a special appropriation to East Walnut Cove Board of Directors in the amount of $30,000 and a special appropriation to the Collinstown

Community Center Board of Directors in the amount of $30,000 by direct payment to said named organizations for renovations of the facilities for the Community/Park Partner Program and that a contract be prepared and signed (with approval of the County Attorney)

requiring a descriptive budget/timeframe and with funding be expensed by June 30, 2007.

 

Commissioner John Turpin seconded the motion.

 

The Board discussed the special appropriation with County Attorney Powell.

 

 

Vice Chairman Joe Turpin noted that General Statute 153A-449 –Contracts with Private entities states – A county may contract with and appropriate money to any person, association , or corporation in order to carry out any public purpose that the County is

authorized by law to engage in and that the County would enter into a contract to ensure accountability of the funding being allocated to each organization.

 

County Attorney Powell stated that he had researched the issue and had no reservation with the County authorizing the special appropriations to the organizations.

 

The motion carried unanimously.

 

GENERAL GOVERNMENT – GOVERNING BODY – REGIONAL TOURISM COUNCIL –UPDATE

 

Commissioner John Turpin presented the following update from the recent Regional Tourism Council:

 

·         Stokes County was tentatively scheduled to be the host county in

November 2006

·         September meeting was scheduled to be held in Carroll County, VA, but has had to be postponed

·         The Regional Tourism Council would like for the County to move the meeting scheduled in November to either January or February 2007

·         The Steering Committee (which is made up of the County Manager or Administrator and a Commissioner) of the Regional Tourism Council is in the process of approving By-Laws, non profit status, etc.

·         Dennis Thompson, former County Budget Director, has agreed to work with the Council on Special Projects

 

Commissioner John Turpin concluded that he will keep the Board updated following each meeting.

 

GENERAL GOVERNMENT – GOVERNING BODY – SECONDARY ROAD RIGHT OF WAY AGREEMENT – BURTON LOOP ROAD – SR#1920

 

Interim County Manager Darlene Bullins presented the Secondary Road Right Of Way Agreement and the Request for Improvement and Paving to the State Maintained Secondary Road System for Burton Loop Road SR#1920 requested by the NC Department

of Transportation.  The East Walnut Cove Park (owned by the County) is located on Burton Loop Road, this requires the Board’s approval for any type of improvement made to the road by NCDOT.

 

Vice Chairman Joe Turpin moved to approve the Secondary Road Right of Way Agreement and Request for Improvement to the State Maintained Secondary Road System for SR#1920-Burton Loop Road.  

 

Commissioner McHugh seconded and the motion carried unanimously.

 

GENERAL GOVERNMENT – ADMINISTRATION – REQUEST FOR VACANT SPACE FOR SENIOR SERVICES AND ARTS COUNCIL

 

Interim County Manager Darlene Bullins presented the following request for the Board’s consideration:

 

·         Allocation of vacant space (previously occupied by DayMark) to the Senior Services Department.  The space is directly behind the Senior Services Department – there is a door that connects the offices that has been hidden by paneling.  The Senior Services Department is in desperate need for the space.

·         Allocation of vacant space (the old Recreation Department) to the Arts Council, which is located directly below the Arts Council.  Mr. McGee would like to renovate this area during the Art Gallery renovation project and use the space for classrooms.

 

Vice Chairman Joe Turpin move to approve the submitted requests to allocate vacant space to the Senior Services Department and the Arts Council. 

 

Commissioner McHugh seconded and the motion carried unanimously.

 

CLOSED SESSION

 

Chairman Inman entertained a motion to enter into closed session to consult with the Attorney employed or retained by the Public Body in Order to preserve the attorney-client privilege between the Attorney and the Public Body, which privilege is hereby

acknowledged, and to consider and give instructions to an attorney concerning the handling or settlement of a claim, judicial action, mediation, arbitration, or administrative procedure pursuant to G.S. 143-218.11(3).

 

Commissioner McHugh moved to enter into closed session to consult with the Attorney employed or retained by the Public Body in Order to preserve the attorney-client privilege between the Attorney and the Public Body, which privilege is hereby

acknowledged, and to consider and give instructions to an attorney concerning the handling or settlement of a claim, judicial action, mediation, arbitration, or administrative procedure pursuant to G.S. 143-218.11(3).

 

Commissioner John Turpin seconded and the motion carried unanimously.

 

The Board re-entered into the regular session of the August 14th meeting.

 

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

 

Commissioner John Turpin moved to adjourn the meeting. 

 

Commissioner McHugh seconded and the motion carried unanimously.

 

 

_________________________                                  _____________________________

Darlene M. Bullins                                      J. Leon Inman

Clerk to the Board                                      Chairman