) STOKES COUNTY GOVERNMENT
COUNTY OF STOKES ) DANBURY, NORTH CAROLINA
) AUGUST 10, 2007
The Board of
Commissioners of the County of Stokes, State of North Carolina, met
for a special called session in the Commissioners’ Chambers of the
Ronald Wilson Reagan
Memorial Building (Administrative Building) located in Danbury, North
Carolina on
Friday, August 10, 2007 at 3:00 pm with the following members present:
Chairman
Leon Inman
Vice-Chairman
Jimmy Walker
Commissioner Ron
Carroll
Commissioner
Ernest Lankford
Commissioner
Stanley Smith
County
Personnel in Attendance:
County
Manager K. Bryan Steen
Clerk
to the Board Darlene Bullins
County
Attorney Edward Powell
Finance
Director Julia Edwards
Chairman Leon Inman called the meeting to
order.
Commissioner Lankford delivered the
invocation.
Chairman Inman opened
the meeting by inviting the citizens in attendance to
join the Board with the Pledge of Allegiance.
CLOSED SESSION
Chairman Inman
entertained a motion to enter Closed Session for the following:
·
To consult with the
county attorney or another attorney employed or retained by the County in order
to preserve the attorney-client privilege regarding a claim pursuant to G.S.
143-318.11(a)(3).
Commissioner Lankford moved to enter Closed
Session for the following:
·
To consult with the
county attorney or another attorney employed or retained by the County in order
to preserve the attorney-client privilege regarding a claim pursuant to G.S.
143-318.11(a)(3).
Vice Chairman Walker seconded and the motion
carried unanimously.
The Board reconvened
to the special called session of August 10, 2007.
Fire
Protection Services in Stokes County
Chairman Inman stated
the Board had been trying to execute an agreement for Fire
Services in Stokes County that was in the best interest of the volunteer
fire departments and
the citizens of Stokes County.
Chairman Inman
presented an update of the previous weeks:
·
County Manager sent the approved agreement to all volunteer fire
departments on June 5th
·
Clarification memo regarding the agreement was issued by the County
Manager on June 27th
·
Volunteer fire departments rejected the agreement
·
Commissioner Smith and Chairman Inman met on July 16th with
the Stokes County Fire and Rescue Association, Fire Chiefs and Chairman of the
Board of Directors from volunteer fire departments to discuss and receive input
regarding the agreement
·
Information received at the July 16th meeting referred to
Item #2 which was modified and forwarded to the volunteer fire departments for
review
·
At the July 24th meeting of the Fire and Rescue Association,
the rewording
was rejected
Commissioner Carroll
noted that by wanting to abide by the law has resulted in him
being portrayed as the bad guy.
Commissioner Carroll stated that he took the oath of a
commissioner to uphold the laws of the State of North Carolina and he
felt that the firefighters
who were all law abiding citizens did not want to be a party of
violating the law any more than
he did.
Commissioner Carroll
moved that this Board approve the revised Fire and Rescue
Protection and Mutual Aid Agreement presented as Exhibit A-1 which
incorporates the
following changes from the agreement that was originally agreed to by
the Board
Item #2 will now read:
2. Volunteer
Fire Department and Rescue Squad, Inc. agrees to develop and submit a proposed
budget prior to April 1 of each covered year to the Stokes County Fire
Commissioners. The Agency also agrees to submit an audit prior to October 1 of
each covered year, to the Stokes County Fire Commissioners and the Stokes
County Board of Commissioners along with a copy of the final revised budget
detailing any amendments to expenditures and revenues during the prior fiscal
year.
Item #3 is modified to read:
3. This
agreement shall be renewable on a bi-annual basis upon the mutual written
consent of the parties hereto. The
amount of compensation shall be determined by the Stokes County Board of
Commissioners on an annual basis pursuant to the Local Government Budget and
Fiscal Control Act. Payments to the Agency, prorated according to percentage of
revenues collected, shall be made each month for services rendered during the
previous month.
Item #5 – the following will be added:
It
is understood and agreed that the AGENCY is an independent corporation, that
the COUNTY is not responsible for the AGENCY’s governance and management, and
that the COUNTY is not liable for the decisions and actions of the AGENCY. It is expressly understood and agreed that
the COUNTY, by entering into this agreement, assumes no responsibility for the
AGENCY’s debts. It is further
understood and agreed that tax revenues shall not be available to fund any of
the AGENCY’s debt, incurred after July 1, 2007, that is financed unless such
debt has been reviewed by the Stokes County Fire Commissioners and a
recommendation forwarded to the Stokes County Board of Commissioners for a
final decision. (The
last sentence will only be included in the departments’ contracts that receive
more than 50% of their funding from Stokes County Tax Revenues)
Further
incorporated in the motion that the revised contract be forwarded to the Fire
Departments and Rescue
Squads with a request to be signed and returned to the County as soon
as possible and
notification included that funds cannot be legally disbursed in the absence of
a
signed agreement. (Commissioner Carroll noted
that this revision replaces the contract/agreement that was signed in 2005 and
that agreement is no longer acceptable because it contains provisions that are
in conflict with state law particularly G.S.143-318.10-the Open Meetings Law
and G.S. 153A-76-the Authority of the Board of County Commissioners)
Commissioner Smith seconded the motion read by
Commissioner Carroll and the
motion carried
unanimously.
(a copy of the revised
agreement will be retained by the Clerk to the Board)
Commissioner Carroll moved under the authority of General
Statute 153A-76 that this
Board of Commissioners
declare the document entitled County of Stokes -Fire Commission
and Use of Service
District Funds, approved by a previous Board of Commissioners on
September 3, 2002, is
not the policy of the current Board of Commissioners because it contains
provisions that are in
conflict with state law. Commissioner
Lankford seconded and the
motion carried unanimously.
Commissioner Carroll moved that this Board, upon
verification that the Volunteer Fire
Departments and Rescue
Squads operating within the Stokes County Fire Service District have
agreed to continue
their formal relationship with the County as evidenced by signed contracts,
appoint a committee to
develop a proposed policy, consistent with the laws of the state and the
best interest of the
citizens of the County, to govern the operations of the Stokes County Fire
Service District, to
include procedures for the Fire Commission and Guidelines for Use of
Service District
Funds. This committee will include
representatives of the citizens of Stokes
County, including
representatives of the current Fire Commission and various fire departments
and rescue squads;
provided that this committee operates in compliance with the North
Carolina Open Meeting
Law and further provided that final approval of such a policy is solely
at the discretion of
the Board of Commissioners in accordance with G.S. 153A-76.
Vice Chairman Walker seconded the motion.
The following Board members stated the following:
Commissioner Carroll reiterated the following:
·
I am and have always been a supporter of the
Voluntary Fire Departments in this county
·
I was on the Board of Commissioners that created the
Service District over twenty years ago
·
I was the Commissioner that pushed to hire the first
Stokes County Fire Marshal
·
I am a supporter of Voluntary Fire Departments and
willing to work with all Departments to serve the public interest
·
I am also willing to work with this committee to
provide safeguards to protect the interest of the Fire Departments and Rescue
Squads
·
I will not be apart of any committee or agree to any
document/agreement/contract that is in conflict with the laws of this state
Vice Chairman Walker stated that everyone involved has the
same goal- to provide the
best service to the
citizens in Stokes County. Even though
there are different opinions
regarding certain
issues, those issues can be worked out to continue to provide the best service
available. Vice Chairman Walker expressed his
appreciation for the time and dedication given
by the volunteers from
the fire departments in Stokes County.
Commissioner Smith also expressed his appreciation for
the time and service provided
by the volunteer fire
departments. Commissioner Smith noted
that the revised
contract/agreement
reflects the sentiment of the comments received at the July 16th
meeting.
Commissioner Smith
agreed that the original contract did not express the wishes of the current
Board of Commissioners.
Commissioner Lankford also expressed his appreciation for
the services provided by
volunteer fire
departments along with all the volunteers in Stokes County. Commissioner
Lankford noted that
without Stokes County volunteers, this County being small and rural and
with limited resources,
could not provide all the current services received by the citizens in
Stokes County.
Chairman Inman reiterated that it was never the intent of
this Board to take the Fire
Commission and Fire
Commissioners out of the budget process as indicated in the first
agreement. Also, it was never the intent of this Board
for the County Manager to do the
Fire Service District’s
budgets. The County Manager, who is the
Budget Officer for Stokes
County, can always make
a recommendation, but the final decision is made by the Board of
Commissioners.
The motion was approved unanimously.
Mr. L. G. Tilley – Fire Commission requested to speak to
the Board of Commissioners.
Chairman Inman allowed Mr. Tilley to speak during the
special session.
Mr. Tilley stated the following:
·
The Fire Commission and Use of Service District Funds
document was worked on for several months
·
It was never the intent of the Fire Commission to not
follow state law
·
The document was intended to be a guideline for the
fire service district and for all parties involved
·
Questioned the Board why changes could not be made to
the current document
·
Most of the members who are on the Board of Directors
for the Fire Departments are not firemen- most are Stokes County citizens who
want to do the right thing for the citizens of Stokes County
·
The budget process is very detailed and taken very
serious
·
Fire Departments must justify all requests and to his
knowledge, allocations have only been spent for items outlined in their budget
·
Fire Departments do raise other funding for items not
outlined in their budget
·
Expressed concerns over the $85,000+ being taken out
of the Fire District funding for salaries for county employees – funding that
should be used to provide fire service protection to Stokes County citizens
·
Fire Departments’ doors are always open
·
Fire Commission has no problems abiding by the law
·
Reiterated that the Fire Commission, Fire
Association, and Board of Commissioners work together to correct the current
document for use of Service District Funds
Adjournment
There being no further business to come before
the Board, Chairman Inman
entertained a motion to adjourn the meeting.
Commissioner Lankford moved to adjourn the
special session. Commissioner
Smith seconded and the motion carried unanimously.
_________________________ _____________________________
Darlene M.
Bullins J. Leon Inman