) STOKES COUNTY GOVERNMENT
COUNTY OF STOKES ) DANBURY, NORTH CAROLINA
) JULY 28, 2008
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,
July 28, 2008 at 6:00 pm with the following members present:
Chairman J. 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
Finance
Director Julia Edwards
Support
Services Supervisor Danny Stovall
DSS
Director Jan Spencer
Home
Health Director Rebecca Warren
Chairman J. 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.
PUBLIC HEARING –
Lease Purchase Authority to Fund Capital Improvements and Construction of New
EMS Facility
Chairman Inman called the Public Hearing
regarding Lease Purchase Authority to
Fund Capital Improvements and Construction of a New EMS Facility to
order.
There were no public comments.
Chairman Inman closed
the Public Hearing.
GENERAL
GOVERNMENT – GOVERNING BODY – APPROVAL OF AGENDA
Chairman Inman entertained a motion to approve
or amend the July 28, 2008
agenda.
Commissioner Lankford
moved to approve the July 28th agenda as submitted.
Commissioner Smith seconded and the motion carried unanimously.
PUBLIC COMMENTS
The following spoke during public comments:
Dennis Nutter
1000 Mount Drive
Danbury, NC 27016
Re: Home Health
Mr. Nutter, a patient of Home Health Services, is very concerned that
the Board is considering selling the services.
Mr. Nutter stated that selling the services would be a great disservice
to Stokes County citizens who receive services and that citizens in Stokes
County really need the services.
DSS Director Jan
Spencer
Dept. of Social Services
Re: Smoking in Public
Buildings
DSS Director Spencer requested the Board allow the buildings, which
house Social Services, to become
“smoke-free” facilities. Director
Spencer stated that she is very concerned about the air quality of the
buildings. Director Spencer expressed
concerns about elderly individuals who must use oxygen that come for services,
children with health conditions, and employees/citizens who all breathe
“second-hand” smoke. Director Spencer
noted that employees had presented doctor’s notes in the past requesting the
employee be in a “smoke-free” facility, which cannot be accommodated.
Gary Alley
1069 Pack Road
Walnut Cove, NC 27052
Re: Districting
Mr. Alley suggested that the Board consider voting districts based on
the county’s current school districting.
The districting could be very simple by dividing districts according to
high schools and population. Mr. Alley
requested the Board consider voting districts based on the county’s current
school districting.
Home Health
Director Rebecca Warren
Stokes Home Health
Re: Home Health
Home Health Director Rebecca Warren noted following regarding Stokes
County Home Health:
¨ Home Health
celebrated 30 years of service to Stokes County citizens last month
¨ Many things have
changed over the past 30 years
¨ In the mid
nineties, Certificate of Need allowed private agencies to come into rural
counties
¨ In 1997,
regulations changed which lowered census for all home health agencies
¨ In 2000, Medicare
reimbursement changed which provided better reimbursement. With these changes, private agencies placed
liaisons in hospitals to get the better paying patients which resulted in
patients with not good reimbursement cases being given to county agencies.
¨ During the last
five years, the patient count has remained steady or increased with 261
patients served in 2003, 2004, 2005 and with 320 patients served in 2007 and
2008.
¨ Without county
home health agencies, patients with not good reimbursement cases cannot obtain
the services they need
¨ Many discharge
planners actually call Stokes Home Health requesting acceptance of patients
that have been turned down by other agencies
¨ The only patients
ever turned down by Stokes Home Health are those that the Agency does not have
the resources available to serve the patient
¨ New software will
help to increase revenue by making sure that all treatment has been coded
correctly
¨ Billing will soon
be done weekly instead of monthly which will provide the County with a faster
revenue turnaround
Ed Gambill
King, NC 27021
Re: Home Health
Mr. Gambill noted that the County was considering selling something (an
asset) that belongs to the Stokes County citizens and that it must be done by
July 31, 2008. Mr. Gambill stated that he
felt the County should put the item on hold and that he had spoken to a
compliance officer in Raleigh regarding the Certificate of Need. Mr. Gambill suggested that the Board consider
appointing a committee of users to find out how the citizens of Stokes County
feel about the issue and the quality of service to be provided to the people of
Stokes County. Mr. Gambill respectfully
recommended the Board put the item on hold and find out what the people of
Stokes County really need and want.
CONSENT AGENDA
Chairman Inman entertained a motion to approve
or amend the following items
on the Consent Agenda:
Minutes
Senior
Services/YVEDDI – Budget Amendment #2
Finance Director Julia Edwards
submitted Budget Ordinance Amendment #2.
To amend the General Fund, the expenditures are to
be changed as follows:
|
Account |
Account |
Current Budgeted |
Increase |
As |
|
Number |
Description |
Amount |
(Decrease) |
Amended |
|
|
Senior Seniors |
|
|
|
|
100.5860.441 |
Misc. Contractual
Services-EDTAP |
$76,445.00 |
$(76,445.00) |
$00.00 |
|
|
YVEDDI |
|
|
|
|
100.4520.490 |
YVEDDI |
$100,639.00 |
$76,445.00 |
$177,084.00 |
|
|
Totals |
$177,084.00 |
$00.00 |
$177,084.00 |
This budget amendment is justified as follows:
Transfer appropriation for Elderly and Disabled
Transportation funding from Senior Services to YVEDDI approved by the Board of
Commissioners at their July 14, 2008 regular meeting.
This will result in a net increase of $00.00 in the
expenditures and other financial use to the County’s annual budget.
Commissioner Carroll stated that he felt the Board had made a decision based on a
request from one agency that involves another agency without hearing from both agencies. The
request was to allow YVEDDI to combine the EDTAP transportation funding which would be
taking the funding away from Senior Services. Commissioner Carroll stated that he felt the
Board should hear from Senior Services before approving Budget Amendment #2.
Commissioner Carroll also noted that this arrangement could also affect transportation
currently being provided by the private sector.
Following discussion, Chairman Inman, with full consent of the Board, requested
the item be placed on the August 11th Discussion Agenda and also requested Senior Services
Director Lynn Martens be present for the discussion.
Sheriff’s
Department – Budget Amendment #3
Finance Director Julia Edwards
submitted Budget Ordinance Amendment #3.
To amend the General Fund, the expenditures are to
be changed as follows:
|
Account |
Account |
Current Budgeted |
Increase |
As |
|
Number |
Description |
Amount |
(Decrease) |
Amended |
|
|
Sheriff’s Department |
|
|
|
|
100.4310.511 |
Equipment- Non Capitalized |
$5,700.00 |
$13,838.00 |
$19,538.00 |
|
|
|
$5,700.00 |
$13,838.00 |
$19,538.00 |
|
|
Capital Reserve Fund |
|
|
|
|
201.4320.012 |
Jail |
$10,797.00 |
$(3,300.00) |
$7,497.00 |
|
201.9810.000 |
Transfer to General Fund |
$18,400.00 |
$3,300.00 |
$21,700.00 |
|
|
Totals |
$29,197.00 |
$00.00 |
$29,197.00 |
This budget amendment is justified as follows:
To appropriate calendar funds, State Fines and
Forfeitures, and transfer funds from Capital Reserve for the purchase of (70)
portable radios and other equipment for the Sheriff’s Department and Jail.
This will result in a net increase of $13,838.00 in the
expenditures and other financial use to the County’s annual budget. To provide the additional revenue for the
above, the following revenues will increase.
These revenues have already been received or are verified in this fiscal
year.
|
Account |
Account |
Current Budgeted |
Increase |
As |
|
Number |
Description |
Amount |
(Decrease) |
Amended |
|
|
General Fund |
|
|
|
|
100.3982.960 |
Transfer from Capital
Reserve |
$18,400.00 |
$3,300.00 |
$21,700.00 |
|
100.3839.001 |
Sheriff’s Dept.
Miscellaneous |
$8,600.00 |
$5,000.00 |
$13,600.00 |
|
100.3301.413 |
State Fines &
Forfeitures |
$00.00 |
$5,538.00 |
$5,538.00 |
|
|
Totals |
$27,000.00 |
$13,838.00 |
$40,838.00 |
Approval of
Records Retention and Disposition Schedule
Clerk to the Board Darlene Bullins presented the Board with the April 1, 2006 edition
of the Records Retention and Disposition Schedule–County Management received from the
North Carolina Department of Cultural Resources for their review and approval. The Records
Retention and Disposition Schedule will remain in effect from the date of approval until it is
reviewed and updated. (A complete copy will be retained by the Clerk to the Board)
Commissioner Lankford
moved to approve the Consent Agenda as amended.
Vice Chairman Walker seconded and the motion carried unanimously.
GENERAL
GOVERNMENT – GOVERNING BODY – INFORMATION AGENDA
Comments –
Manager and Board of Commissioners
County Manager Bryan
Steen noted Stokes County School Superintendent
Hobbs had requested a joint meeting on August 12th with the
Board of Commissioners and
the Board of Education. The date
of August 12th was not suitable for the majority of the Board.
Chairman Inman
requested the Board review their calendars for a possible date.
Manager Steen informed
the Board and the public that improvements at the Animal
Shelter are scheduled to be done during September 1st thru
September 14th. The shelter
will
not be able to house animals during this time. Notification of the date for improvements
will
be placed on the county website.
Commissioner Lankford
noted that the “More at Four Program” currently has
vacancies for those who qualify.
GENERAL
GOVERNMENT – GOVERNING BODY – DISCUSSION AGENDA
DEC, Inc. –
County Financial Plan Review
DEC President Doug
Carter presented the County Financial Plan Review to the
Board of Commissioners. DEC
President Carter presented the following:
¨ Review of the
County Financial Planning Process
¨ Elements of the
Financial Plan
§ Latest request
from Stokes County Schools = $56,000,000 with projects to begin at various
times
§ County Community
College Expansion = $5,300,000 to possibly begin in Fall of 2012
§ Blending debt
issuance and pay go sources in a financial plan is very important
§ Building a
debt/capital capacity analysis is essential to a financial plan
§ County Debt
Capacity – State statute provides for up to 8% of assessed value for General
Obligation/COPS debt (currently .5% is being used with significant statutory
capacity remaining)
§ Resources/Revenues
dedicated by the County sets the real capacity – at present, approximately
$2.7MM dedicated to long-term debt payment which has been reduced by $500,000
starting in fiscal year 2010 due to changes in Articles 42 and 44 (sales
tax). Lottery revenues are available for
new debt.
§ Part of the
Capital Program can be funded from current resources
§ Credit Rating
Considerations – must have a sound plan
¨ Establishment of a
Dedicated Capital Fund
§ Create a new
county fund – Capital Fund
§ Dedicated revenues
are deposited into the fund
§ Retain interest
earnings in the fund
§ Ability to add
additional resources in the future if the need arises
§ Creates new
capacity as debt declines and dedicated revenues grown
§ Produces a sound
and positive means to define capital needs for established and on-going
priorities
¨ Current Debt Model
o
Current Revenues/Resources for new debt and
resulting debt capacity – Scenario 1 - Approximately $22,100,00 can be
issued in long-term debt anytime from January 2009 to July 2009 from current
resources which include the pay down of existing debt and the addition of
$800,000 (lottery funds) dedicated each year to the Capital Fund (includes approximately $325,000 operating
expenses for a new school) no increase in county taxes
o
Scenario 2 - Approximately $35,000,000 for schools and
$5,300,000 for a community college would use the same resources with the
addition of a 3 cents tax increase in fiscal year 2009/10 (no operating cost
for community college and the additional $12,900,000 for schools is included in
the scenario) (revenue from the tax increase must be deposited to the dedicated
Capital Fund)
o
Scenario 3 – Approximately $56,000,000 for schools and
$5,300,000 for a community college would use the same resources with the
addition of a 7.5 cents tax increase in fiscal year 2010 (no operating cost for
community college and the additional $33,900,000 for schools is included in the
scenario) (revenue from the tax increase must be deposited into the dedicated
Capital Fund)
¨ Calendar
§ COPS issuance
process requires approximately ninety days for issuance
§ G.O. Bonds
issuance process requires vote (timing varies depending upon when referendum is
scheduled) plus ninety day issuance process
DEC President Carter reiterated to the Board
that they could issue $22,100,000 in long-
term debt anytime from January 2009 to July 2009 from current resources
with no tax increase.
The Board discussed
the scenarios presented by DEC President Carter, projected
$500,000 loss in revenue from sales tax, sources of revenues, future
loss of approximately $1.8
million in hold harmless revenue, upcoming tax revaluation, and the
need for a definite plan for
capital needs.
DEC President Carter
concluded that their services were available for further
consultation when the Board decided what amount and what direction the
County plans to take.
Chairman Inman
expressed the Board’s appreciation to DEC, Inc. for the information
provided at tonight’s meeting.
Fire
Commission – 2008/09 Service District Budget Amendment Request
Chairman Steven
Roberson, Stokes Fire Service District, presented the following
information pertaining to a recent request made to the Stokes County
Fire Service District
Commission:
¨ Fire Commission
met on July 9th to hear budget requests from departments after
learning the funding of Truck #310 was allocated from the County’s general fund
instead of using Service District funding
¨ All fire service
district departments were notified of the special call meeting and all general
statute requirements were met for posting of a special call meeting
¨ Approximately
$63,996 is being projected as additional revenue for the Fire Service District
¨ New fund balance
projected by Finance Department for fiscal year 2008-09 = approximately
$127,661
¨ Total additional requests = $57,807
§ Pinnacle/Station
#37 = $26,986 for tuck payment
§ Francisco/Station
#34 = $2,000 for grant match
§ Northeast Stokes/Station
#36 = $1,700 for grant match
§ Stokes
Rockingham/Station #37 = $15,000 for grant match
§ Danbury/Station
#39 = $5,371 for fuel tank replacement – fire code requirements
§ Pilot
Rescue/Station #86 = $6,750 for escrow account –new station
¨ With all requests
approved, approximately $69,854 is projected for the fund balance ending June
30, 2009
¨ All requests have
been reviewed and recommended by the Stokes County Fire Commission to the
Stokes County Board of Commissioners
¨ Grant matches for
Stokes Rockingham, Northeast Stokes, and Francisco have a deadline of September
30, 2008
¨ Pinnacle
Department has placed a hold on a chassis which expires
August 8, 2008 –
Pinnacle will lose $2500 if they do not have a guarantee of funding
¨ Request to move
the item to the Action Agenda due to time restraints for grants and purchase of
equipment for Pinnacle
Chairman Roberson noted the Fire Commission is
currently establishing a grant policy
which would require the station to pay the match and request
reimbursement for the match in
their next budget request. A
copy of the proposed guidelines will be forwarded to County
Manager Steen for his review and comments.
Commissioner Lankford
stated he has concerns that there were only 6 requests with
all departments in the Service District receiving budget cuts in the
recent fiscal year 2008-09
budget adoption, some departments not having knowledge of the special
call meeting, specific
departments receiving escrow funding while others within the county are
not, budget process
has been completed for this fiscal year, and the importance of having a
fund balance for special
needs for the Service District.
Chairman Roberson
reiterated that all the departments within the Service District were
notified of the special call meeting.
Commissioner Carroll
noted that the Fire Commission had already finalized
recommendations to the Board of Commissioners before reallocation of
Truck #310 funding
was approved by the Board of Commissioners. Commissioner Carroll also noted that the
Fire Commissioners were appointed by the Board of Commissioners to
review and make
recommendations to the Board of Commissioners, the requests were within
the tax levy
appropriation, and had no issues with the request.
Vice Chairman Walker noted
that he thought that during the budget process, the
consensus of the Board was any remaining funding would be used to build
up the Fire Service
District Fund Balance.
Commissioner Smith
expressed concerns with the amount recommended to Pilot
Rescue of $6,750 (escrow) in proportion to their total budget of
$19,514.00. Chairman
Roberson noted that his understanding is that the $6,750 is a
percentage of the total cost
projection for land purchase and a new station, not based on the
percentage of the approved
budget of $19,514.
Commissioner Carroll
reiterated that the Board of Commissioners appointed the
Fire Commissioners and has levied a tax for the support of the Fire
Service District.
Commissioner Carroll questions levying a tax to build a fund balance.
Chairman Inman noted
that the Fire Service District Committee has revised the
existing Fire Service District eight page operational document and is
waiting on comments
from the Fire Association and until approval of the revised document,
the existing document
will be followed.
Pinnacle Fire Chief
Jonathan Lane noted a $2500 deposit has been placed on a chassis
until August 8th, if there is no guarantee of funding, the
station will lose their deposit. Chief
Lane noted that their current truck is having mechanical issues and a
new chassis would take
approximately 5-6 months for delivery.
Commissioner Carroll
moved to transfer the item to the Action Agenda.
Commissioner Smith seconded the motion.
The Board further discussed the item.
Commissioner Lankford
requested additional time in order to review the original
requests and cuts that were made to all the Service District
Departments along with review of
departmental audits. Vice
Chairman Walker requested the need to follow the Board’s
procedure of being on the Discussion Agenda with placement on the
Action Agenda at the next
meeting.
Chairman Inman called the question. The motion
failed (2-3) with Chairman Inman,
Vice Chairman Walker, and Commissioner Lankford voting against the
motion.
Chairman Inman
directed the Clerk to place the item on the August 11th Action
Agenda.
Proposed Bids
– Financing for Capital Equipment/EMS Remounts/Patrol Vehicles
Support Services
Supervisor Danny Stovall presented the following information
regarding financial capital equipment:
¨ Proposals for
financing fiscal year 2008-09 vehicle purchases and EMS remounts were accepted
until 5:00 pm, Tuesday-July 22, 2008
¨ Proposals were
received from RBC Bank, BB&T, First Citizens, SunTrust, and NewBridge Bank
Following proposals received:
|
Finance |
Amount |
$341,554.00 |
|
|
|
|
|
|
|
|
Annual |
Interest |
Bank |
Payback |
|
Company |
Ranking |
Fixed
Rate |
Payment |
Rate |
Charges |
Amount
|
|
RBC
Bank |
1 |
2.96% |
$178,396.38 |
$15,238.72 |
$100.00 |
$356,892.72 |
|
BB&T |
2 |
3.05% |
$178,780.51 |
$16,007.02 |
$
- |
$357,561.02 |
|
First
Citizens |
3 |
3.03% |
$178,577.43 |
$15,600.85 |
$500.00 |
$357,654.85 |
|
SunTrust |
4 |
3.35% |
$179,405.67 |
$17,257.34 |
$750.00 |
$359,561.34 |
|
NewBridge |
5 |
3.61% |
$180,741.26 |
$19,928.52 |
$
- |
$361,482.52 |
Mr. Stovall requested
the Board accept the proposal from RBC Bank with a fixed
interest rate of 2.96% with a term of two years for the EMS (2)
ambulance remounts and the
purchase of 8 patrol vehicles.
Mr. Stovall requested to move the item to the
Action Agenda in order to proceed with
the projects.
Chairman Inman
entertained a motion to move the item to the Action Agenda.
Commissioner Smith
moved to transfer the item to the Action Agenda. Vice Chairman
Walker seconded and the motion carried unanimously.
Stokes
Opportunity Center – Proposed Renovation Project Update
Support Services
Supervisor Danny Stovall presented the following information
requested at the July 14th meeting by the Board of Commissioners:
¨ Met with Architect
Perry Peterson and Monroe Witt of Wishon and Carter Builders concerning their
bid of $264,067.00
¨ Mr. Witt stated
that he had already cut his company’s cost before submitting his quote
¨ Wishon and
Carter’s quote was the low bid by $37,993
¨ Alternate #1 - $3,300.00 “is
not included in the bid amount” and is for the installing of a new sewer line
to the building if the existing sewer line does not have enough fall or if it
is too small to tie into
¨ Re-bidding the
project – Mr. Witt and Mr. Peterson both agreed that the cost per the current
plans would increase to possibly $280-$285K. (based on splitting the cost
difference between the lowest 2 bids)
¨ Re-bidding the
project with changes to the mechanical system or building size would require
additional design fees
¨ Current bid
expires August 23, 2008
Mr. Stovall noted the possible contract
deletions:
¨ Change split face
block work on building side-walls to metal side walls with split face block
originally specified to match current exterior finish (deduction of $2,175)
¨ Removal of
sidewalks leading to training room and picnic shelter (deduction of $3,406)
¨ Removal of sliding
window and door installations in the front office area (deduction of $987)
¨ Performance Bond –
note required per 44A-26 for projects under $300,000 (deduction of $2,534)
¨ $8,000 built in
contingency fund – not recommended. These funds were set aside to cover cost of
soil test and to cover possible cost of sewer line installation
¨ Total projected
cost including deductions = $254,965
Mr. Stovall noted the possible options:
¨ Accept low bid
from Wishon and Carter Builders and fund $64,067 from county budget
¨ Accept low bid
from Wishon and Carter Builders less deductions mentioned and fund $54,965 from
county budget
¨ Accept low bid from
Wishon and Carter Builders less deductions mentioned plus project contingency
funds and fund $46,965 from county budget
¨ Re-bid project
with a change in design or size
¨ Scale down
building size and re-bid project
Commissioner Lankford suggested single bidding
the project as is and/or possibly
scaling down the size of the building.
Mr. Stovall noted that that there would have
to be at least 3 bids submitted for each
multi prime (single) bid from licensed contractors for building,
plumbing, heat/electrical, etc..
Director Cathy Long,
Stokes Opportunity Center, noted that the Center did currently
have a waiting list. Ms. Long
also noted that if the building was scaled down, they would not
be able to serve as many individuals.
Chairman Inman noted
the need to do the project “right”.
The Board discussed
bidding each component as a multi prime (single) bid, deadline of
current bid-August 23rd, re-bidding as a complete project,
scope of the current project, and the
need for the expansion at the facility.
Commissioner Carroll
noted that he was not in favor of changing the project and agreed
with Chairman Inman to do the project “right”. Commissioner Carroll noted that if additional
funding could not be found in the current fiscal year 2008-09 budget,
the current budget
authorizes the County to borrow up $240,000 for ambulances with only
$160,000 being
currently projected to be borrowed.
Commissioner Smith
stated that he is not willing to compromise the project, County
should find the additional funding, and proceed with the project as is.
Vice Chairman Walker
expressed concerns with the project having to be re-bid and
if there could be a chance of receiving bids over the $264,067.
Mr. Stovall noted that
Wishon and Carter had already stated that if the project
was re-bid as a complete unit, their bid would definitely increase by
at least $20,000-$25,000.
The Board continued
discussion of multi prime (single) bids.
Commissioner Carroll noted the need for a
legal opinion whether the current bids would
need to be rejected by the Board of Commissioners before the request
for multi prime (single)
bids could be released.
County Attorney Ed
Powell stated that he would need to research the request before
rendering a legal opinion to the Board.
Chairman Inman stated
that he had no problems with multi prime (single) bids, but
would call a special meeting before letting the deadline of August 23rd
pass.
Chairman Inman
directed the Clerk to place the item on the August 11th Discussion
Agenda.
Smoking in
County Facilities – Discussion
Commissioner Carroll
stated that Social Services Board had unanimously voted on
March 30th (four months ago) to make a request to the Board
of Commissioners to implement a
no smoking policy for the Social Services’ facilities. Commissioner Carroll noted that the
Board of Social Services deserves the courtesy of this Board for a
response regardless of
personal opinions.
Vice Chairman Walker
noted that he had mixed feelings on the issue, but was definitely
not interested in a “blanket” no smoking policy. Vice Chairman Walker noted there was no
current policy prohibiting smoking and no current policy prohibiting
the department
head/county manager from prohibiting smoking in certain departments/areas.
Vice Chairman
Walker noted his current preference would be to continue as we are, but
note the Department
Heads have the authority to prohibit smoking in their respective
department.
Commissioner Smith
noted that he would not support a smoke free campus.
Commissioner Smith spoke about the tobacco ties to Stokes County
(county seal, cash crop,
etc.). Commissioner Smith also
noted that he had no problems with designated areas to
accommodate those (employees or visitors) who wish to smoke and to
accommodate those who
do not wish to smoke or breathe “second hand” smoke.
Commissioner Lankford
agrees with Commissioner Smith.
Commissioner Lankford
reiterated the need for designated areas within the building.
Commissioner Carroll
noted the need to be objective in trying to accommodate both
groups (smokers and non-smokers), but after serious consideration,
feels it would be easier to
designate areas outside the building for smokers. Commissioner Carroll noted that he had
no problems supporting the request made by Social Services.
The Board further
discussed the agenda item, designated smoking areas, and giving
department heads authority to make a decision regarding no smoking for
their department.
DSS Director Jan Spencer
noted that information had been received from the Institute
of Government, which indicates, she does have the authority to restrict
employees from
smoking, but does not the authority to restrict visitors from smoking,
it would have to be
approved by the Board of Commissioners.
Chairman Inman noted
the need for designated areas for smokers, which would
accommodate both groups (smokers and non-smokers).
Vice Chairman Walker
reiterated that Department Heads have the authority to
request employees to smoke in designated areas outside the building.
Commissioner Carroll
noted that the need for the Board to approve a policy giving
department heads the authority to regulate smoking in their respected
departments.
County Manager Bryan
Steen suggested returning options (reviewed by the County
Attorney) for the Board to consider at the August 11th
meeting.
County Policy
and Procedures Relating to Travel and Training Opportunities
County Manager Bryan
Steen presented the County’s current policy and procedures for
travel and training.
Manager Steen noted
that he had restricted travel and training to mandatory events and
non-mandated events that were believed to be of significant importance
to the County due to
the rising fuel cost.
Commissioner Carroll
noted that he would like to look at how the Board can give
department heads more authority to run their own departments, make
decisions as long as they
stay within their budgets, and approve travel/training requests. This would free up the
manager’s time to allow him to do grant writing, long range planning,
etc.
Commissioner Lankford
supports the recent county manager’s restriction on travel and
training due to the rising cost of fuel and the current procedures in
effect for approving
travel and training for county employees.
Commissioner Smith has
no issues with the department head having the authority for
their budget approved by the Board.
Vice Chairman Walker
feels that it is discouraging to employees if they feel that they
cannot go for additional training and the additional training only
makes a better employee for
the County. Vice Chairman Walker
feels that some employees currently feel that they cannot
go for additional training and he is not comfortable with the
restricted policy. Vice Chairman
Walker stated that he agrees with Commissioner Carroll that the manager
needs to be doing
grant writing, long range planning, etc. Vice Chairman Walker stated that he
recognizes the
need for employee training even though fuel continues to increase and
that employees should
not feel that they cannot go.
Vice Chairman Walker requested additional
information regarding how much is
spent annually for training and travel.
Commissioner Lankford
noted that other local agencies, municipalities, and counties
are all developing policies to cope with the rising cost of fuel and
that this issue does not
mean that the Board does not support employees receiving the needed
training.
Chairman Inman noted
that employees need to know that training is available to them
to make them more efficient in performing their job duties.
Chairman Inman directed the Clerk to place the
item on the August 11th Action Agenda.
Proposed
Resolution – Authorizing the Filing of an Application for Approval of Financing
Agreement
County Manager Bryan
Steen submitted the following proposed Resolution Authorizing
the Filing of an Application for Approval of a Financing Agreement
Authorized by North
Carolina General Statue 160A-20:
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION
FOR APPROVAL OF A FINANCING AGREEMENT AUTHORIZED BY NORTH CAROLINA GENERAL
STATUTE 160A-20
WHEREAS, the County of Stokes North Carolina desires to repair roofs of county buildings used to provide county government services and parking lots that are used to fulfill the provision of said services to the citizens of Stokes County (the Project); and
WHEREAS, The County of Stokes North Carolina desires to finance the Project by use of an installment contract authorized under North Carolina General Statute 160A, Article 3, Section 20; and
WHEREAS, findings of fact by this body must be presented to enable the North Carolina Local Government Commission to make findings of fact set forth in North Carolina General Statute 159, Article 8, Section 151 prior to approval of the proposed contract;
NOW, THEREFORE, BE IT RESOLVED that the Board of Stokes County Commissioners, meeting in regular session on the 11th day of August, 2008, makes the following findings of fact:
1. The proposed contract is necessary or expedient because roofs of the affected buildings are over twenty years old and have experienced leaks and, if not corrected, will result in major damage to offices and disrupt the provision of county government services to include operation of the courts and the office of Clerk of Court. Additionally, parking lots and driveways to them are excessively cracked and becoming a hazard to citizens attempting to use them in order to obtain said county government services.
2. The proposed contract is preferable to a bond issue for the same purpose for several reasons including but not limited to the following:
A) The cost of a special election required to approve general obligation bond financing as required by the laws of North Carolina would result in an unacceptable additional cost and burden to local taxpayers as it would relate to the overall project cost.
B) The time required for a general obligation bond election would cause an unnecessary delay in completion of vital repairs to facilities and expose Stokes County to the possibility of a major disruption of county government services to include the provision of criminal and civil court proceedings. Such a delay and the potential for service disruption make the use of general obligation bonds impractical for the project.
C) The proposed project is too expensive to fund through the use of current revenues or the use of fund balance as we are attempting to build a prudent and fiscally responsible fund balance appropriate for a county our size, thus the use of installment contract financing will be the best alternative to finance these critical projects.
3. The sums to fall due under the contract are adequate and not excessive for the proposed purpose because the estimated cost of the repairs is less than $400,000.00.
4. The County of Stokes debt management procedures and policies are good as demonstrated and documented in past audit reports and we believe the audits are an independent gauge of the results of compliance with our policies and a demonstration of our commitment to act in a fiscally responsible manner in all elements of debt management and fulfillment of contractual obligations. Further, Stokes County has not been censured by the North Carolina Local Government Commission (LGC) external auditors, or any other regulatory agencies in connection with such debt management or contract payment obligation policies.
5. The County does not anticipate the need for a future property tax increase to fulfill payment of the proposed debt obligation under the contract in any fiscal year during the term of the contract due to fulfillment of past debt service obligations and the relatively small amount of funds proposed to be financed: less than $400,000.00.
6. The County of Stokes is not in default in any of its debt service obligations.
7. The attorney for the County of Stokes has rendered an opinion that the proposed Project is authorized by law and is a purpose for which public funds may be expended pursuant to the Constitution and laws of North Carolina.
NOW, THEREFORE BE IT FURTHER RESOLVED that the County Finance Officer is hereby authorized to act on behalf of the County of Stokes in the filing of an application with the North Carolina Local Government Commission for approval of the Project and the proposed financing contract and other actions not inconsistent with this resolution.
BE IT FURTHER RESOLVED that a Public Hearing was held to obtain public input on the financing of the proposed debt by the installment financing contract as allowed for under N.C.G.S. 160A-20 and the hearing was held on
July 28, 2008 in the Stokes County Administration Building located at 1014 Main Street, Danbury, NC 27016 at 6:05 PM, and the Clerk to the Board of County Commissioners had been authorized and directed to cause an appropriate Public Hearing Notice to be published as required by law for said Public Hearing.
This resolution is effective upon adoption this, the 11th day of August 2008.
The motion to adopt this resolution was made by Commissioner ______________
and seconded by Commissioner __________________ and passed by a vote of
_______ yes to ______ no.
____________________________ ____________________________
J. Leon Inman - Chairman Jimmy Walker – Vice Chairman
____________________________ _____________________________
____________________________
Attest:
________________________________
This, my seal, is to certify that this document is a true and accurate copy of the resolution adopted by the Stokes County Board of Commissioners on the eleventh day of August, 2008.
____________________________ ______________
Darlene Bullins, Clerk to the Board Date
Manager Steen noted
the following:
¨ Proposed
Resolution must be adopted in order to proceed with obtaining Local Government
Commission (LGC) approval for the financing of Capital Projects- roofs and
parking lot/driveway repairs.
¨ LGC has a rigid
procedure, which requires a public hearing, provision of approved/certified
meeting minutes and receipt of an application 28 calendar days before their
meeting, which is held on the first Tuesday of each month.
¨ Need for
discussion at today’s meeting with request for approval at the August 11th
meeting
The Board discussed the proposed Resolution.
Chairman Inman directed the Clerk to place the
item on the August 11th Action Agenda.
Proposed Resolution
– Danbury Water System
Selection of
Engineer/Preliminary Engineer Report
County Manager Bryan
Steen presented the following proposed Resolution that
must be adopted at the July 28th meeting due to a deadline
of August 1, 2008 for reception of
completed grant applications for the Danbury Water System:
RESOLUTION
TO EXEMPT FURTHER COMPETITIVE BIDDING PROCESS FOR ENGINEERING SERVICES RELATED
TO THE DANBURY WATER SYSTEM REPAIR AND REHABILITATION PROGRESS
WHEREAS, G.S. 143-64.31 requires the initial selection of firms to perform architectural, engineering and surveying services without regard to fee;
WHEREAS, the County of Stokes proposes to enter into one or more contracts for such services for Rehabilitation and Repair of the Danbury Water System; and
WHEREAS, grant applications and work related to such applications to include the competitive bid process and ultimate contracting with an engineering firm was completed by the Town of Danbury prior to the County of Stokes taking over operations of the Danbury Water System and the U.S. Department of Agriculture - Rural Development (USDA-RD) agency acknowledged the proper completion of the competitive process and they recognized the winner of the process for engineering services as West Consultants, LLC and the award of a contract to complete a required Environmental Assessment and the USDA-RD indicated that negotiation for an Engineering Contract for services to include preparation of a revision of a Preliminary Engineering Report (PER) should be completed and West Consultants, LLC completed the required revision of the PER as part of the grant application process and the process of completing a competitive bid process for a revision of the PER will significantly delay progress on the timely completion of the Repair and Rehabilitation of the Danbury Water System Project and such delay may subject customers to unnecessary hardship should the system experience a service disruption related to the intended repairs and rehabilitation of the water system;
NOW, THEREFORE, The Stokes County Board of Commissioners RESOLVES:
Section 1. The above-described project is hereby made exempt from the provisions of G.S. 143-64.31 for the reasons stated in this resolution.
Section 2. This resolution shall be effective upon passage.
Adopt on the 28th day of July 2008.
____________________________ _____________________________
J. Leon Inman- Chairman Jimmy Walker – Vice Chairman
____________________________ _____________________________
____________________________
Attest: ________________________________
Manager Steen noted
the following:
¨ Proposed
Resolution is needed in order for the County to proceed without delay in
completion of the grant applications and actual project
¨ Proposed
Resolution states the reasons we need to exempt further competitive bidding for
engineering services and the inherent delays.
¨ Letters from
NWPCOG and USDA-RA representatives regarding the matter and the impact of a
delay on processing of our grant applications and completion of the project
¨ Town of Danbury
had a bidding process and awarded the contract to complete a required
Environmental Assessment to West Consultants, LLC
¨ With the County
taking over the complete operation of the Danbury Water System, the County
Manager must be authorized to sign the necessary USDA application and
documentation
¨ County Attorney
Edward Powell has approved the proposed Resolution
The Board discussed the proposed Resolution.
Mr. Marvin Cavanaugh requested permission to
speak to the Board.
Chairman Inman allowed Mr. Marvin Cavanaugh to
speak to the Board.
Mr. Cavanaugh noted that his company had a lot
invested in the County, particularly the
Danbury Water System and felt that there was not a level playing field
regarding the recent
the engineer selection. Mr.
Cavanaugh stated that a recent meeting with County Manager Steen
and Public Works Director Mark Delehant was very beneficial to all
parities concerned and
even though their company may not totally agree with decisions made,
their company honors
those decisions. Mr. Cavanaugh
urged the Board to move forward with this process by
approving the proposed resolution.
Mr. Cavanaugh
expressed his appreciation to Manager Steen and Public Works Director
Delehant for meeting with Cavanaugh and Associates.
Chairman Inman, with
full consent of the Board, moved the item to the Action Agenda.
Appointments
CenterPoint
Human Services
Chairman Inman
presented the following vacancies for the Board of Directors:
§ One member be an
openly-declared consumer along with residency in Stokes County
§ Recently adopted
on May 22, 2008 by the CenterPoint Board of Directors, an additional member
which is classified as an “open” capacity with residency in Stokes County
Martha Davis, DSS
Director Jan Spencer and Doris Hill have all been nominated for
the “open” capacity appointment.
Chairman Inman noted that information received from CEO
Betty Taylor indicates that all three candidates are eligible for
appointment to the “open”
capacity.
Chairman Inman
entertained a motion for appointment to the CenterPoint Human
Services Board of Directors.
Commissioner Smith
moved to appoint Doris Hill for the “open” capacity
appointment. Commissioner
Lankford seconded and the motion carried unanimously.
Chairman Inman noted
there is one vacancy remaining “open declared” consumer and
that nominations can be made at the August 11th meeting.
Work First
Planning Committee
Chairman Inman
presented the following information regarding appointment to
the Work First Planning Committee:
§ The Planning
Committee must include, but is not limited to, representatives of the following
entities:
·
County Board of Social Services
·
Board of Area Mental Health Authority
·
Local Public Health Board
·
Local School Systems
·
Business Community
·
Board of County Commissioners
·
Community-based organizations representative of the
population to be served
·
The Department encourages counties to include other
interested parties on the planning committee, such as current and former Work
First recipients, business leaders, employers, providers of child care, and
transportation services, child support enforcement staff, and office of private
charitable organizations such as Salvation Army, Goodwill, etc.
Vice Chairman Walker nominated Ms. Jan Culler
to serve as a representative from
the Board of Social Services.
Vice Chairman Walker
nominated Commissioner Ernest Lankford to serve as a
representative from the Board of County Commissioners.
Commissioner Lankford
nominated Roger Tucker to serve as a representative from the
local school system.
Commissioner Smith
nominated Angie Cullen to serve as a representative from the
Board of Area Mental Health Authority.
Vice Chairman Walker
nominated Jerry Mitchell to serve as a representative from
local Public Health Board.
Chairman Inman noted
other nominations can be considered at the August 11th meeting
for the Work First Planning Committee.
Animal
Control Advisory Council
Chairman Inman
presented the following that were nominated at the July 14th
meeting:
o Jenny Bates
o Teddy Kitzmiller, Jr.
o Candis Loy
o Cynthia McFarland
o Vickey Pierce
o Mona Singleton
o Leslie Staples
o Cindy Tilley
o Robert M. Sullivan
o Karen Venable
Clerk to the Board Darlene Bullins presented the following applications received on
July 28th:
o Mary Kerley – General public
o Deborah A Cowan – Veterinarian
Chairman Inman noted the following guidelines for appointment:
Article 3: Membership
The Advisory Council shall consist of ten (10) members and they will be appointed by
the Stokes County Board of County Commissioners and in accordance with the approved county appointment procedure. Appointments should fulfill the following affiliations and categories:
a) One member employed by the Stokes County Sheriff’s Office.
b) One member employed by the Stokes County Health Department.
c) A licensed Veterinarian.
d) Stokes County Chief Animal Control Officer – (Ex-Officio Non voting member)
e) Two members from an Animal Advocacy Organization.
f) Four private citizens living in a separate geographical quadrant of Stokes County
Commissioner Lankford nominated Debbie Cowan for the Veterinarian position.
Commissioner Carroll nominated Mary Kerley for the general public position.
Chairman Inman
entertained a motion for appointments to the Animal Control
Advisory Council:
Vice Chairman Walker
moved to appoint Mona Singleton to serve as a member from
an Animal Advocacy Organization.
Commissioner Smith seconded and the motion carried
unanimously.
Vice Chairman Walker
moved to appoint Bob Sullivan to serve as a private citizen from
the King area. Commissioner Lankford seconded and the motion carried
(3-2) with Chairman
Inman and Commissioner Smith voting against the motion.
Commissioner Smith
moved to appoint Karen Venable to serve as private citizen.
Vice Chairman Walker seconded and the motion carried (4-1) with
Commissioner Lankford
voting against the motion.
Commissioner Carroll moved to appoint Teddy Kitzmiller, Jr. to serve as a private
citizen. Commissioner Lankford seconded and the motion carried unanimously.
Commissioner Carroll moved to appoint Leslie
Staples to serve as a member from
an Animal Advocacy Organization.
Commissioner Lankford seconded and the motion carried
unanimously.
Commissioner Lankford
moved to appoint Jenny Bates to serve as a private citizen.
Chairman Inman seconded and the motion failed (2-3) with Vice Chairman
Walker,
Commissioner Carroll, and Commissioner Smith voting against the motion.
Commissioner Smith
moved to appoint Carlton Barr to serve as a private citizen. Vice
Chairman Walker seconded and the motion carried unanimously.
Vice Chairman Walker
nominated Capital Mike Marshall to serve as a representative
from the Sheriff’s Department.
Chairman Inman noted
only one vacancy remained – member employed by the
Stokes County Health Department.
Home Health –
Purchase Project
County Manager Bryan
Steen noted that information received from Interim Health
Director Jenny Braswell states that the Board of Health unanimously
voted to leave the
decision of whether to sell the Stokes County Home Health agency to the
discretion of the
Board of County Commissioners.
Commissioner Carroll
noted that the Board of Health was not trying to evade the issue,
but the Board of Health did not have the proposal available and felt
they could not make a
recommendation without seeing the proposal with the specifics.
Commissioner Lankford
noted that he feels that the citizens of Stokes County can best
be served by the current agency, does not want to take a risk with a
private organization, does
not see a reason to change, and would agree to place the item on
tonight’s Action Agenda.
Commissioner Carroll
reiterated that he could not evaluate a proposal that he has not
seen.
Vice Chairman Walker
agrees with Commissioner Lankford.
Commissioner Smith
stated that he had received only positive comments from
citizens who have received or are receiving services from Home
Health. Commissioner
Smith feels that some citizens may be overlooked or fall through cracks
due to being in
a rural area or having poor insurance coverage and agrees with
Commissioner Carroll that
all information must be provided in order to evaluate the
proposal. Commissioner Smith
stated that he was definitely against privatizing home health care at
this point in time.
Chairman Inman, a
member of the Home Health Advisory Board, reiterated
comments from Director Warren regarding the new software, previous
years of profit, and the
purpose of Home Health is to serve the citizens of Stokes County. Chairman Inman also
stated that he was not ready to privatize Home Health.
Commissioner Lankford
moved to transfer the item to the Action Agenda.
Vice Chairman Walker seconded and the motion carried unanimously.
GENERAL
GOVERNMENT – GOVERNING BODY – ACTION AGENDA
Capital
Project Financial Loan – Danbury Water System
County Manager Bryan
Steen noted that at the July 14th meeting, he had provided the
Board with a proposed Inter-Local Loan Agreement and Resolution to
authorize loaning funds
from the General Fund to the Danbury Water System Enterprise Fund. The loan is necessary
for the County to comply with grant requirements for local funds to
equal 20% of the total
project cost.
Manager Steen noted
that at this time, he only needed the Board to authorize him to
prepare and send a letter to the granting agencies that states the
County agrees to provide
the required matching funds. The
proposed Resolution and Inter-Local Agreement can be
completed at a later date when the county actually needs to transfer
funds and can better
establish the prevailing interest rate that will need to be stated in
both documents.
Chairman Inman
entertained a motion.
Commissioner Lankford
moved to authorize the County Manager to prepare and send a
letter to the granting agencies that states the County agrees to
provide the required matching
funds. Vice Chairman Walker
seconded and the motion carried unanimously.
Proposed Bids
– Financing for Capital Equipment/EMS Remounts/Patrol Vehicles
Chairman Inman
entertained a motion regarding financing for Capital Equipment/EMS
Remounts/Patrol Vehicles and the following proposed Resolution
Authorizing the Execution
and Deliver of an Installment Financing Contract in the Amount of
$341,554:
RESOLUTION
The governing body for the County of Stokes, North Carolina, held a regular meeting at the
Ronald Wilson Reagan Memorial Building, the regular place of meeting, on July
28, 2008, at 6:00 p.m.
Present:
Absent:
Also
Present:
* * * * *
_____________________
introduced the following resolution
which was read:
RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT FINANCING CONTRACT IN THE AMOUNT OF $341,554.00 WITH RBC BANK (USA) TO FINANCE THE ACQUISITION OF CERTAIN EQUIPMENT FOR USE BY THE COUNTY OF STOKES, NORTH CAROLINA, AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH
BE IT
RESOLVED by the governing body for the County of Stokes, North
Carolina (the “Unit”):
Upon motion of __________________, seconded by __________________, members of the
governing body, the foregoing resolution entitled “RESOLUTION AUTHORIZING THE
EXECUTION AND DELIVERY OF AN INSTALLMENT FINANCING CONTRACT IN THE AMOUNT OF $341,554.00 WITH RBC BANK (USA) TO FINANCE THE ACQUISITION
OF CERTAIN EQUIPMENT, AUTHORIZING THE EXECUTION AND DELIVERY OF RELATED
INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH” was passed
by the following vote:
Ayes:
Nays:
PASSED AND
ADOPTED this _____ day of __________, _____.
* * * * *
I, ____________________, Clerk for the County of Stokes, North Carolina DO HEREBY CERTIFY that the foregoing has been carefully copied from the actually recorded minutes of the governing body of said County of Stokes at a regular meeting held on ______________, _____, the record having been made in the minutes of said governing body, and is a true copy of so much of said minutes as relates in any way to the passage of a resolution providing for the authorization of the Installment Financing Contract referred to therein.
I DO
HEREBY FURTHER CERTIFY that a schedule, stating that the regular meetings of
the Council are held on __________________ of each month at __________
a.m./p.m., respectively, at _______________________________, North Carolina,
was on file with me for at least seven calendar days prior to said meeting, all
in accordance with G.S. 143-318.12.
WITNESS my hand and corporate seal of said County of Stokes, this _____ day of _________, __________.
Clerk,
County of Stokes
[SEAL]
Original
Loan Amount: $341,554.00
Loan
Date: August ____, 2008
Vice Chairman Walker
moved to accept the proposal from RBC Bank with a fixed
interest rate of 2.96% with a term of two years for the EMS (2)
ambulance remounts and the
purchase of 8 patrol vehicles and to approve the submitted proposed
Resolution Authorizing
the Execution and Delivery of an Installment Financing Contract in the
Amount of $341,554
with RBC Bank (USA).
Commissioner Lankford seconded and the motion carried
unanimously. (A copy of the
executed Resolution will be retained by the Clerk to the Board)
Proposed
Resolution – Danbury Water System
Selection of
Engineer/Preliminary Engineer Report
Chairman Inman
entertained a motion to approve the submitted Resolution to Exempt
Further Competitive Bidding Process for Engineering Services Related to
the Danbury
Water System Repair and Rehabilitation Progress and to authorize the
County Manager to
complete such loan documents as required by the granting agencies to
include contracting with
engineering services.
Commissioner Lankford
moved to approve the submitted Resolution to Exempt
Further Competitive Bidding Process for Engineering Services Related to
the Danbury
Water System Repair and Rehabilitation Progress and to authorize the
County Manager to
complete such loan documents as required by the granting agencies to
include contracting with
engineering services. Vice
Chairman Walker seconded and the motion carried unanimously.
Home Health –
Purchase Project
Chairman Inman
entertained a motion.
Commissioner Smith
moved to not sell the Home Health Agency and that the County
continue to maintain and promote Home Health as a Stokes County
service. Vice Chairman
Walker seconded and the motion carried unanimously.
Closed
Session
Chairman Inman
entertained a motion to enter into closed session for the following:
§
To
consider the initial employment or
appointment of an individual to any office or position, other than a vacancy in
the Board of County Commissioners or any other public body, or to consider the
qualifications, competence, performance, character, and fitness of any public
officer or employee, other than a member of the Board of Commissioners or of
some other public body pursuant to G.S. 143-318.11(6).
Commissioner Smith moved to enter into closed
session for the following:
§
To
consider the initial employment or
appointment of an individual to any office or position, other than a vacancy in
the Board of County Commissioners or any other public body, or to consider the
qualifications, competence, performance, character, and fitness of any public
officer or employee, other than a member of the Board of Commissioners or of
some other public body pursuant to G.S. 143-318.11(6).
Commissioner Lankford seconded and the motion
carried unanimously.
The
Board returned to open session of the July 28th meeting.
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
meeting. Commissioner Smith
seconded and the motion carried unanimously.
_________________________ _____________________________
Darlene M.
Bullins
J. Leon Inman
Clerk to the
Board Chairman