STATE OF NORTH CAROLINA    )                    OFFICE OF THE COMMISSIONERS

                                                            )                    STOKES COUNTY GOVERNMENT

COUNTY OF STOKES                     )                    DANBURY, NORTH CAROLINA

                                                            )                    NOVEMBER 10, 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,

 

November 10, 2008 at 1:30 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

                                                County Attorney Edward Powell

                                                Clerk to the Board Darlene Bullins

                                                Finance Director Julia Edwards

                                                Support Services Supervisor Danny Stovall

                                                Public Works Director Mark Delehant

                                                Tax Administrator Jake Oakley

                                                Emergency Services Director Monty Stevens

                                                EMS Paramedic Scott Brown

                                                EMS Paramedic Fred Lawson                                                                                                                                                                                     

Chairman J. Leon Inman called the meeting to order.

 

Commissioner Lankford 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. 

 

 

 

 

EMS PRESENTATION – NC PARAMEDIC 2008 CHAMPIONSHIP

 

Emergency Services Director Monty Stevens introduced Paramedics Scott Brown

 

and Fred Lawson who recently won the NC Paramedic 2008 Championship for the second

 

consecutive year.  Paramedics Brown and Lawson also won the competition in 2005.

 

The Board presented Paramedics Brown and Lawson a plaque and commended the pair

 

for their hard work and dedication to Stokes EMS.

 

GENERAL GOVERNMENT – GOVERNING BODY – APPROVAL OF AGENDA

 

Chairman Inman entertained a motion to approve or amend the November 10, 2008

 

Agenda.          

 

            Commissioner Carroll requested to add a Closed Session following Public Comments

 

to discuss Item F – Stokes County Board of Education – Request for Approval to Purchase

 

Land.

 

            Commissioner Lankford moved to add a Closed Session after Public Comments.

 

            Vice Chairman Walker seconded and the motion carried unanimously.

 

            Chairman Inman requested to add a proposed Resolution – Honoring Stokes County

 

Veterans to the Action Agenda.

 

            The Board unanimously agreed to add the proposed Resolution – Honoring Stokes

 

County Veterans to the Action Agenda.

 

            Commissioner Lankford moved to approve the November 10, 2008 Agenda as

 

amended.  Vice Chairman Walker seconded and the motion carried unanimously.

 

PUBLIC COMMENTS

 

The following spoke during public comments.

 

King Librarian Ann Nichols

Danbury Librarian Nora Lankford

Walnut Cove Librarian Betty Smith

 

Librarian Ann Nichols spoke on behalf of the three libraries in Stokes County.  Librarian

Nichols expressed appreciation to the County for the support given to the County Libraries.

Librarians presented the Board with highlights from each library and the Northwestern Regional Library System.

 

            Chairman Inman turned the meeting over to Vice Chairman Walker.

 

            Chairman Inman stated the following:

 

            “I request the Board to excuse me from discussion and voting on Discussion

            Items E, F, G, and H on today’s Agenda (November 10, 2008) because I have

            a financial interest in them and am prohibited from voting and discussion of

            these issues pursuant to G.S. 153A-44.

 

            Chairman Inman requested the signed copy be entered into with the minutes.

 

I request the Board to excuse me from discussion and voting on Discussion Agenda items

 

E, F, G, and H on today’s Agenda (November 10, 2008) because I have a financial

 

interest in them and am prohibited from voting and discussion of these issues pursuant to

 

G.S. 153A-44.

 

.

 

            Vice Chairman Walker entertained a motion to excuse Chairman Inman from discussion

 

and voting on Discussion Agenda Items E, F, G, and H on today’s Agenda due to a financial

 

interest in them per G. S. 153A-44.

 

            Commissioner Lankford moved to excuse Chairman Inman from discussion and voting

 

on Discussion Agenda Items E, F, G, and H on today’s Agenda due to a financial interest in

 

them per G. S. 153A-44.  Commissioner Smith seconded and the motion carried unanimously.

 

            Chairman Inman excused himself from the meeting.

 

 

 

CLOSED SESSION

 

            Vice Chairman Walker entertained a motion to enter into Closed Session for the

 

following:

 

  • To consider and take action with respect to the position to be taken by the county in negotiating the price or other material terms of an agreement for the acquisition or lease of real property pursuant to G.S. 143-318.11(a)(5)

 

            Commissioner Lankford moved to enter into Closed Session for the following:

 

  • To consider and take action with respect to the position to be taken by the county in negotiating the price or other material terms of an agreement for the acquisition or lease of real property pursuant to G.S. 143-318.11(a)(5)

 

            Commissioner Carroll seconded and the motion carried (4-0) with Chairman Inman

 

being excused from the vote.

 

The Board returned to open session of the November 10th meeting.

 

Chairman Inman returned to the meeting.

 

            Vice Chairman Walker turned the meeting back over to Chairman Inman.

 

CONSENT AGENDA

 

Chairman Inman entertained a motion to approve or amend the following items

 

on the Consent Agenda:

 

 

Minutes

 

  • Minutes of October 14, 2008
  • Minutes of October 27, 2008

 

 

Emergency Management – Budget Amendment #24

 

            Finance Director Julia Edwards submitted Budget Ordinance Amendment #24.

 

To amend the General Fund, the expenditures are to be changed as follows:

 

 

 

 

 

Current

 

 

Account

Account

Budgeted

Increase

As

Number

Description

Amount

(Decrease)

Amended

 

Emergency Management

 

 

 

100.4330.260

Departmental Supplies

$2,536.00

$3,000.00

$5,536.00

 

           Totals

$2,536.00

 $3,000.00

$5,536.00

           

This budget amendment is justified as follows:

To appropriate Federal Fines and Forfeiture funds for the purchase of supplies for the upgrade of the Stokes County Mobile Command Unit.

 

This will result in a net increase of $3,000.00 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 they will be received in this fiscal year.

 

 

 

Current

 

 

Account

Account

Budgeted

Increase

          As

Number

Description

Amount

(Decrease)

     Amended

100.3301.411

Federal Fines & Forfeitures

$38,291.00

$3,000.00

$41,291.00

 

Totals

$38,291.00

$3,000.00

$41,291.00

 

Juvenile Crime Prevention Council (JCPC)– Budget Amendment #25

 

            Finance Director Julia Edwards submitted Budget Ordinance Amendment #25.

 

To amend the General Fund, the expenditures are to be changed as follows:

 

 

 

Current

 

 

Account

Account

Budgeted

Increase

As

Number

Description

Amount

(Decrease)

Amended

 

Special Appropriation

 

 

 

100.5830.690

Stokes Friends of Youth

$96,733.00

$1,835.00

$98,568.00

100.5830.695

SCAN

$29,771.00

$1,835.00

$31,606.00

 

Totals

$126,504.00

$3,670.00

$130,174.00

 

This budget amendment is justified as follows:

To appropriate additional funding from the Juvenile Crime Prevention Council.

 

This will result in a net increase of $3,670.00 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 they will be received in this fiscal year.

 

 

 

 

 

Current

 

 

Account

Account

Budgeted

Increase

          As

Number

Description

Amount

(Decrease)

     Amended

100.3301.361

JCPC

$139,498.00

$3,670.00

$143,168.00

 

Totals

$139,498.00

$3,670.00

$143,168.00

 

Sheriff’s Department – Budget Amendment #27

 

            Finance Director Julia Edwards submitted Budget Ordinance Amendment #27.

 

To amend the General Fund, the expenditures are to be changed as follows:

 

 

 

Current

 

 

Account

Account

Budgeted

Increase

As

Number

Description

Amount

(Decrease)

Amended

 

Sheriff’s Department

 

 

 

100.4310.352

Maint. & Repairs - Buildings

$500.00

$400.00

$900.00

 

Totals

$500.00

$400.00

$900.00

 

This budget amendment is justified as follows:

To appropriate funding for the cleaning of Sheriff’s Department’s offices which will include shampooing the carpet, cleaning windows and blinds, dust and washing of walls.

 

This will result in a net increase of $400.00 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 they will be received in this fiscal year.

 

 

 

Current

 

 

Account

Account

Budgeted

Increase

          As

Number

Description

Amount

(Decrease)

     Amended

100.3301.413

State Fines & Forfeitures

$5,777.00

$400.00

$6,177.00

 

Totals

$5,777.00

$400.00

$6,177.00

 

Sheriff’s Department – Budget Amendment #28

 

            Finance Director Julia Edwards submitted Budget Ordinance Amendment #28.

 

To amend the General Fund, the expenditures are to be changed as follows:

 

 

 

Current

 

 

Account

Account

Budgeted

Increase

As

Number

Description

Amount

(Decrease)

Amended

 

Sheriff’s Department

 

 

 

100.4310.351

Maintenance & Repairs -Auto

$65,449.00

$390.00

$65,839.00

 

Totals

$65,449.00

$390.00

$65,839.00

 

This budget amendment is justified as follows:

To appropriate funding from Federal Fines and Forfeitures for the painting of a county vehicle that will be used in CID operations – no county funding.

 

This will result in a net increase of $390.00 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 they will be received in this fiscal year.

 

 

 

Current

 

 

Account

Account

Budgeted

Increase

          As

Number

Description

Amount

(Decrease)

     Amended

100.3301.411

Federal Fines/Forfeitures

$38,291.00

$390.00

$38,681.00

 

Totals

$38,291.00

$390.00

$38,681.00

 

Sheriff’s Department – Budget Amendment #29

 

            Finance Director Julia Edwards submitted Budget Ordinance Amendment #29.

To amend the General Fund, the expenditures are to be changed as follows:

 

 

 

Current

 

 

Account

Account

Budgeted

Increase

As

Number

Description

Amount

(Decrease)

Amended

 

Sheriff’s Department

 

 

 

100.4310.511

Equipment-non capital

$19,777.00

$250.00

$20,027.00

 

Totals

$19,777.00

$250.00

$20,027.00

 

This budget amendment is justified as follows:

To appropriate funding from Judgments for the purchase of a digital camera for departmental pictures and Kids ID Program.

 

This will result in a net increase of $250.00 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 they will be received in this fiscal year.

 

 

 

Current

 

 

Account

Account

Budgeted

Increase

          As

Number

Description

Amount

(Decrease)

     Amended

100.3431.415

Judgments

$8,764.00

$250.00

$9,014.00

 

Totals

$8,764.00

$250.00

$9,014.00

 

 

 

 

Proposed Resolution – SR#1700 – Otis Woods Road- Request for Abandonment of a Portion of the Right of Way

 

            As required by General Statute #153A-241, Clerk to the Board Darlene Bullins

 

submitted the following proposed Resolution which schedules a Public Hearing for the

 

consideration by the Board of Commissioners for abandonment of a portion of State Road

 

#1700 – Otis Woods Road:

 

A RESOLUTION OF THE BOARD OF COMMISSIONERS OF STOKES COUNTY PROPOSING THE CLOSING OF A PORTION OF

                                             SR#1700-OTIS WOODS ROAD

 

WHEREAS, it is the intent of the Stokes County Board of Commissioner to close a portion of SR#1700-Otis Woods Road; and

 

WHEREAS, pursuant to N.C.G.S. 153A-241, the Stokes County Board of Commissioners will hold a Public Hearing regarding the closing of a portion of SR#1700 –Otis Woods Road on Monday, December 8, 2008 at its regular scheduled meeting; and

 

WHEREAS, pursuant to N.C.G.S. 153A-241, the notice of the Public Hearing will

be advertised in the Stokes News for three successive weeks – November 20th,

November 26th, and December 4th, 2008: and

 

WHEREAS, pursuant to N.C.G.S. 153A-241, the notice of closing and public hearing will be prominently posted in at least two places along the road; and

 

WHEREAS, pursuant to N.C.G.S. 153A-241, a copy of the Resolution will be sent by certified mail to each owner (if applicable) as shown on the county tax records of property adjoining the public road; and

 

WHEREAS, the sole property owners petitioned to abandon approximately 1637’ along their property only, from the Secondary Road System prior to this Resolution on September 22, 2008; and

 

WHEREAS, a portion of SR#1700-Otis Woods Road has already been petitioned by the North Carolina Department of Transportation and approved by the Stokes County Board of Commissioners on September 22, 2008 to be removed from the Secondary Road System; and

 

WHEREAS, the closing of a portion of SR#1700-Otis Woods Road does not affect any other property owner.

 

NOW THEREFORE, Be It Resolved by the Board of County Commissioners of the County of Stokes that since the State will not maintain the abandoned portion of

SR #1700-Otis Woods Road and the closing of a portion of the said road does not affect any other property owner, the abandoned portion of SR #1700-Otis Woods Road will be considered by the Board of Commissioners to be closed pursuant to N.C.G.S. 153A-241.

 

Adopted this, the 10th day of November 2008.

 

WITNESS, my hand and official seal this the 10th day of November 2008.

 

____________________________                   ___________________________

J. Leon Inman- Chairman                                            Jimmy Walker – Vice Chairman

____________________________                              _____________________________

Ron Carroll - Commissioner                           Ernest Lankford - Commissioner   

                                                                         

____________________________                              Attest:                                         

Stanley Smith – Commissioner                    

                                                                               __________________________________

                                                                        Darlene M. Bullins – Clerk to the Board

 

            County Attorney Edward Powell has reviewed and approved the proposed Resolution.

 

Proposed December Organizational Meeting

 

            Clerk to the Board Darlene Bullins submitted the date of December 1, 2008 at

 

10:30 am for the Board’s Organizational Meeting.  General Statute 153A-30 requires the

 

Board of Commissioners to meet on the first Monday in December of each even-numbered year

 

to elect a Chairman and Vice Chairman.

 

Commissioner Lankford moved to approve the Consent Agenda as submitted.

 

Vice Chairman Walker seconded and the motion carried unanimously

 

GENERAL GOVERNMENT – GOVERNING BODY – INFORMATION AGENDA

 

Jail Inspection Report

 

            Jail Captain Al Tuttle presented the Jail Inspection Report, which was conducted by Jail

 

Inspector Litonya Carter from the North Carolina Department of Health and Human Services.

 

            Captain Tuttle noted the following deficiencies cited in the report along with corrective

 

action that will be submitted to the Department of Health and Human Services:

 

Ø      Section .0400 – Fire Safety-Smoke Detectors Comply With Building Code:

      Sprinkler System in kitchen only.  Need for annual test of Sprinkler System.

Corrective Action:  Jail Administrator has attached a copy from Industrial Fire Systems, which verifies that the Kitchen Hood System was inspected on 05-05-08 and is scheduled for semi- annual inspection in November.

Keys and Locks Color Coded and Marked for Identification by Touch

Keys (4) a system of keys and matching locks that are color-coded and marked for identification by touch.  Ensure all keys and locks have a system of color-code and markings for identification by touch to include outside emergency doors.

Corrective Action:  Jail Administrator has contacted county maintenance to immediately add the additional markings to all outside emergency doors.

Ø      Section .0600 Supervision

Jailers make and document irregular rounds twice per hour.

Officers shall make supervision rounds and directly observe each inmate in person at least twice per hour on an irregular basis.  If remote electronic monitoring is used to supplement supervision, it shall not be substituted for supervision rounds and direct visual observation.  Provided documented rounds dated 10-15-2008 indicates deficiencies with this standard, please implement a monitoring system and document reasons for deficiencies when addressed with staff.

Corrective Action: Jail Administrator has taken immediate action by addressing this issue with all jail personnel.  In addition to the electronic timekeeper system already in place, Jail Administrator has implemented a new policy, which requires additional documentation of required direct supervision rounds.

Ø      Section .0200 – Operations Manual

Operations Manual reviewed and update once a year.

Date of last annual review of the Jail Standard Operating Procedures Manual was

October 31, 2007.  Currently being reviewed by the Sheriff, please provide updated copy.

Corrective Action: The Sheriff has reviewed and approved the Jail Standard Operating Procedures Manual.  Documentation of approval by the Sheriff is attached.

Ø      Section.1200 and Section .1500 Space Requirements for new Jail Construction and Existing Jail Construction (Square Footage, Accommodations, Support Areas, etc)

Walls –Construction - Paint

B-Block housing area needs immediate attention.  Bars and stair steps are rusted and cannot be properly cleaned and sanitized.  Walls also in poor conditions with bare spots in places that expose brick.

Corrective Action: Jail Administrator and County Manager immediately discussed the compliance issue.  County is in the processing of correcting the compliance issue by painting the entire B-Block as soon as possible.

 

            The Board discussed the Jail Inspection Report with Captain Tuttle.

 

            The Board commended Captain Tuttle and his staff for their hard work and continuous

 

dedication.

 

Update – Manager and Board of Commissioners

 

            Commissioner Lankford requested the Board allow Mr. J. R. Campbell to present

 

information regarding engineered buildings.

 

            The Board unanimously agreed to allow Mr. Campbell to present information

 

regarding engineered buildings.

 

            Mr. Campbell presented the following information:

 

·        Projected a 40’ x 80’ building with 14ft sidewall building

·        Due to the height of new ambulances, need to project a 16 ft sidewall building

·        Cost calculated using 14 ft doors

·        Engineered metal building would be a direct purchase by the County

·        Would be a turnkey job for a 4 inch insulated shell building

·        Building would be erected by J. R. Campbell

·        Interior for ambulance quarters could be done by county staff

·        Projected cost for a 14 ft sidewall building = $62,500

·        Projected cost for a 16 ft sidewall building = $67,500

·        3 ft x 40 ft section of block wall will be included

·        Projected cost does not include overhead doors

·        County can buy the doors direct

·        Have erected buildings for Davie County and Town of Mocksville

·        8 week delivery on engineered buildings

·        Will take 4 weeks to erect the building

·        Building manufactured by American Standard

·        Building will be designed for the County of Stokes

·        Moorefield Engineering will have to design foundation system for the living quarters

 

Chairman Inman requested Mr. Campbell to provide the Board with any other

 

information available regarding engineered buildings.

 

            Chairman Inman reminded the Board of the upcoming King Chamber of Commerce

 

Annual Awards Banquet on November 20, 2008.  Arts Council Director Eddy McGee will

 

be honored as “Business Leader of the Year”.

 

 

 

 

 

GENERAL GOVERNMENT – GOVERNING BODY – DISCUSSION AGENDA

 

Purchase of Patrol Vehicles – State Contract

 

            Support Services Supervisor Danny Stovall presented the following information

 

regarding the purchase of patrol vehicles from state contract:

 

·        North Carolina State Contract 070B was awarded on October 31, 2008

for Ford Crown Vic patrol vehicles at a cost of $21,182 from Capital Ford in Raleigh

·        Request approval to move forward with the purchase of (7) seven Crown Vic’s from Capital Ford at a cost of $21,182 = $148,274.00

 

The Board discussed the state contract pricing; the purchase of seven patrol vehicles

 

had been previously discussed by the Board.

 

Mr. Stovall requested to move the item to the Action Agenda.

 

Chairman Inman, with unanimous consent of the Board, directed the Clerk to place

 

the item on today’s Action Agenda.

 

Copier Services for Government Center Complex

 

Support Services Supervisor Danny Stovall presented the following bid information

 

regarding copier services for the Government Center Complex which were received until

 

Monday, November 3, 2008 – 5:00 pm:

 

 

Vendor

Bid

 

Sharp Business Systems

 $  3,212.00

 

Dean's Office Machines

 $  3,243.83

 

Ikon Office Solutions

 $  3,296.00

 

Kelly Office Solutions

 $  3,389.72

 

Applied Copier Concepts

 $  3,815.49

 

Applied Copier Concepts

 $  4,245.82

 

COECO Office Systems

 $  4,313.52

 

Ikon Office Solutions

 $  4,669.00

 

Applied Copier Concepts

 $  5,208.24

 

            Mr. Stovall noted the following information:

 

·        Presented additional information regarding the type of machines being used by each department (22 machines)

·        Currently have a month to month lease due to waiting for renovations and departmental moves

·        Will be assessing each machine to see if the department needs a larger or smaller machine

·        Proposed 36 month lease

·        Lowest bid is approximately $97.74 a month more than the current lease

·        Would like to try to get the lease cost down to about the same price as the current contract

·        State contracts higher due to having to purchase certain amount of copies each month

 

The Board discussed the bid options with Mr. Stovall.

 

            Mr. Stovall stated that he would try to get the lease cost down to about the same price

 

as the current contract by assessing the machines currently being used with the lowest bidder.

 

            Chairman Inman, will full consent of the Board, directed the Clerk to place the item

 

on the November 24th Action Agenda.

 

Tax Administration Report – October 2008

 

Tax Administrator Jake Oakley presented the following informational data:

 

Fiscal Year 2008-09

Budget Amt

Collected Amt

Over

Under

 

 

 

Budget

Budget

County Regular & Motor Vehicles

$(19,053,616.00)

$9,904,005.85

 

$9,149,610.15

 

 

 

 

 

Prior Taxes 1991-2007 Tax Years

 

 

 

 

County Regular & Motor Vehicles

$       700,000.00

$     323,875.81

 

$   376,124.19

EMS Collections

 

 

 

 

Total Collected (10-01/10-31-08)

$          2,844.93

 

 

 

Total Collected (7-01-08/6-30-09)

$         24,057.54

 

 

 

Delinquent accounts received from EMS (10-01/10-31, 2008) = none

 

 

 

 

 

 

Personal Property Discovery Report

# of

Total

Taxes

Audit Dates

Accts

Value

Due

10-01-08/10-31-08

97

$1,277,280.00

$10,057.36

 

 

 

 

Business Personal Property Discovery Report

# of

Total

Taxes

Audit Dates

Accts

Value

Due

10-01-08/10-31-08

2

$11,933.00

$94.69

 

Motor Vehicle Release Report

Accounts

Total Accounts

10-01-08/10-31-08

72

            $2,991.58

 

 

 

Motor Vehicle Refund Report

Accounts

Total Accounts

10-01-08/10-31-08

8

 $258.26

 

 

 

Number billed for October 2008

5048

 

 

 

Garnishment Totals

 

 

 

Totals

Original Levy

Month

Accounts

Amount

F/Y 07-08 (July-June)

1547

 $ 585,042.84

F/Y 08-09 (July-June

582

 $199,190.86

October 2008

250

 $ 54,561.10

Totals

2379

 $838,794.80

 

Real and Personal Property Releases Less

 

than $100–October - Per NCGS105-381  (b)

 

Robert D. Heath

08A694304640385

$5.32

Cheryl C. Heath

 

 

Dell Williams

99A1999024891

$42.42

 

99A1998051250

$40.62

Judy Vawter

08A30774.09

$84.66

Melisa Westfall

02A2002029582

$6.00

Marvin Morris

08A54255.09

$86.80

Lillian Craig

08A156001068.07.1

$55.44

 

07A156001068.07.1

$55.70

Billy F Bullins

08A155911755.02.1

$74.73

Total Amount

 

$451.69

 

Real and Personal Property Refunds Less

 

than $100–October- Per NCGS105-381  (b)

 

Robert D. Heath

07A694304640385

$4.80

Sherrill C. Heath

 

$.52

 

06A694304640385

$4.80

 

 

$.44

 

05A2005011665

$4.80

 

 

$.44

Walter R. Petree

05A2005021619

$19.80

Ann Petree Ivey

 

$1.82

 

04A2004021586

$38.37

 

 

$3.09

 

03A2003021527

$38.37

 

 

$3.09

Totals

 

$120.34

 

 

Tax Administrator Oakley presented the following Real and Personal Property Releases

 

which are more than $100 for the Board’s consideration:

 

 

Real and Personal Property Releases More

 

 

than $100 –October- Per NCGS 105-381 (b)

 

 

 

Account

Amount

 

Name

Number

 

Reasons

James Granger

97A1997001939

$124.61

 

 

96A1996000576

$118.70

 

 

95A19953000018

$150.37

 

Lillian Craig

06A156001068.07.1

$297.75

 

 

          Total

$691.43

 

Real and Personal Property Refunds  More

 

 

than $100 –October- Per NCGS 105-381 (b)

 

 

 

Account

Amount

 

Name

Number

 

Reasons

Della Collins

07A690404913199

$105.60

Acreage Correction

 

 

$11.44

 

 

06A690404913199

$105.60

Acreage Correction

 

 

$9.68

 

 

05A2005005431

$105.60

Acreage Correction

 

 

$9.68

 

 

04A2004005432

$105.38

Acreage Correction

 

 

$8.50

 

 

03A2003005395

$105.38

Acreage Correction

 

 

$8.50

 

 

     Total

$575.36

 

 

 

 

 

 

 

Request for Refund – Delma and Elaine Collins –Parcel Number #6904-04-91-3199

 

            Tax Administrator Jake Oakley presented the following information regarding a

 

refund request from Delma and Elaine Collins:

 

·        Delma and Elaine Collins obtained property by deed which was recorded in 1995 (parcel # 6904-04-91-3199)

·        Surveyor made an error resulting in the Tax Office billing excess acreage in the amount of 5.97 acres

·        Per NCGS 105.381, maximum amount of years allowed in approving this refund is the years 2003-2008

·        Tax Department is refunding the amount of taxes relating to the excess acreage billed for the years 2003-2008 which is allowed by NCGS 105.381

·        Delma and Elaine Collins are requesting a refund be allowed for the years of 1996-2002

·        Tax Administrator Oakley recommends the Board deny the request from Delma and Elaine Collins based on General Statute 105.381 which states taxes can only be refunded for five years plus the present year if the request is received before September 1st

·        Tax Administrator Oakley also presented the Board with the following General Statute information:  105.381(b) Any tax that has been released, refunded, or compromised in violation of this section may be recovered from any member or members of the governing body who voted for the release, refund, or compromise by civil action instituted by any resident of the taxing unit and when collected, the recovered tax shall be paid to the treasurer of the taxing unit.

 

 Robert W. Jessup and Kayron H Jessup -Late Application for Elderly Exemption for 2008 – Parcel Number #6975-00-69-3890

 

Tax Administrator Jake Oakley presented the following information regarding a

 

a late application for the elderly exemption for 2008 from Robert W. and Kayron H. Jessup:

 

·        Robert W. and Kayron H. Jessup own one acre of land and a dwelling located in Stokes County with an assigned tax value of $75,100

·        Mr. and Mrs. Jessup are requesting acceptance of a late application for the year 2008 for the elderly exemption.

·        A review of their application and accompanying documents indicate that Mr. and Mrs. Jessup qualify for the exemption

·        Per NCGS 105-281.1(a1) states that “Upon a showing of good cause by the applicant for failure to make a timely application, an application for exemption or exclusion filed after the close of the listing period may be approved by the Board of Commissioners as appropriate.

·        Per NCGS 105-281.1(a1) also states that an untimely application for exemption or exclusion approved under this subsection applies only to the property tax levied by the county or municipality in the calendar year in which the untimely application is filed

·        Upon discussion with Mr. Jessup and his lack of understanding the state statute, Tax Administrator Jake Oakley recommends approval by the Board of Commissioners for this late application

 

Chairman Inman, with full consent of the Board, directed the Clerk to placed the

 

Refunds and Releases over $100, Refund Request from Delma and Elaine Collins, and

 

Late Application for Elderly Exemption for 2008 from Robert W. and Kayron H. Jessup on the

 

November 24th Consent Agenda.

 

Danbury Water System – Loan for Capital Rehabilitation Project

Proposed Resolution and Inter Local Agreement

Budget Amendment #26

 

            County Manager Bryan Steen presented the following proposed Resolution Authorizing

 

the Chairman of the Board of Commissioners and Public Works Director to execute the

 

Inter Local Agreement Between the County of Stokes and The Stokes County Utilities

 

Department/Danbury Water System Enterprise Fund:

 

 

STOKES COUNTY

RESOLUTION AUTHORIZING THE CHAIRMAN OF THE STOKES COUNTY BOARD OF COMMISSIONERS AND PUBLIC WORKS DIRECTOR TO EXECUTE THE INTER LOCAL AGREEMENT BETWEEN THE

COUNTY OF STOKES AND THE STOKES COUNTY

UTILITIES DEPARTMENT/DANBURY WATER SYSTEM ENTERPRISE FUND

 

WHEREFORE, the Stokes County Utilities Department / Danbury Water System is due to receive grant funds for rehabilitation of the Danbury Water System and plans to initiate rehabilitation activities upon receipt of approximately $800,000.00 in grant funds, local grant matches of $25,000.00 from the Town of Danbury and $25,000 from Stokes County and loaned funds of approximately $136,500.00 to fully fund the rehabilitation project.

 

WHEREAS, the Danbury Water System must provide evidence of the availability of grant match funds and additional funds needed to fully fund said project; and

 

WHEREAS, information has been received from the Local Government Commission that the County can legally loan funds to the Danbury Water System Enterprise Fund.

 

BE IT RESOLVED, that J. Leon Inman, Chairman of the Board of Commissioners and Mark Delehant, Public Works Director be authorized to execute the Inter-Local Agreement between the County of Stokes and the Stokes County Utilities Department/Danbury Water System Enterprise Fund.

 

Adopted this the 10th day of November, 2008.

 

____________________________                              _____________________________

J. Leon Inman- Chairman                                             Jimmy Walker – Vice Chairman

____________________________                               _____________________________

Ron Carroll - Commissioner                            Ernest Lankford - Commissioner  

 

____________________________                              

Stanley Smith - Commissioner

 

Attest:

___________________________________

Darlene M. Bullins – Clerk to the Board    

 

 

 

 

 

 

            County Manager Steen noted the following:

 

·        Stokes County Utilities Department/Danbury Water System is due to receive grant funds for rehabilitation of the Danbury Water System and plans to initiate rehabilitation activities upon receipt of approximately $800,000 in grant funds, local match of $25,000 from Town of Danbury and $25,000 from Stokes County and loaned funds of approximately $136,500.00

·        Information from Local Government Commission will allow Stokes County to loan funds to the Danbury Water System Enterprise Fund

·        Proposed Resolution has been reviewed and approved as to Form and Legal Sufficiency by County Attorney Edward Powell

 

            County Manager Bryan Steen presented the following proposed Inter Local Agreement

 

between County of Stokes and Stokes County Utilities Department/Danbury Water System

 

Enterprise Fund:

 

NORTH CAROLINA

                                                                        INTER-LOCAL LOAN AGREEMENT

STOKES COUNTY

 

This is an Inter-local Loan Agreement dated the 10th day of November, 2008 between the County of Stokes and the Stokes County Utilities Department / Danbury Water System Enterprise Fund.

 

WHEREFORE, the Stokes County Utilities Department / Danbury Water System is due to receive grant funds for rehabilitation of the Danbury Water System and plans to initiate rehabilitation activities upon receipt of approximately $800,000.00 in grant funds, local grant matches of $25,000.00 from the Town of Danbury and $25,000 from Stokes County and loaned funds of approximately $136,500.00 to fully fund the rehabilitation project.

 

WHEREFORE, the Danbury Water System must provide evidence of the availability of grant match funds and additional funds needed to fully fund said project.

 

NOW THEREFORE, for and in consideration of the mutual promises and agreements contained herein and other valuable consideration, the County of Stokes and the Stokes County Utility Department / Danbury Water System agree as follows:

 

  1. The County of Stokes agrees that it will provide the Stokes County Utility Department / Danbury Water System Enterprise Fund a loan of $136,500.00 from the County of Stokes General Fund for completion of the Danbury Water System Rehabilitation Project.

 

2.      The Stokes County Utilities Department / Danbury Water System agrees to repay to  Stokes County all the principal amount of the loan and agrees that the County of Stokes will charge and the Stokes County Utilities Department / Danbury Water System will pay the County a (3.86%) per annum interest rate for the term of said loan which will be for fifteen (15) years from the date funds are actually received from the Stokes County General Fund.  Payments of principal and interest are anticipated to start December 1, 2009 through fulfillment of the debt or December 1, 2024 which ever comes first.

 

  1. The loan amount may be repaid early without penalty.

 

IN WITNESS WHEREOF, the County of Stokes and the Stokes County Utilities Department / Danbury Water System have caused this agreement to be executed upon approval of the Stokes County Board of County Commissioners this the 10th day of November, 2008.

 

 

________________________________                    ____________________________

J. Leon Inman, Chairman                                          Darlene Bullins, Clerk

Stokes County Board of Commissioners                  Board of County Commissioner

 

________________________________

Mark Delehant, Director

Stokes County Utilities Department

Danbury Water System

 

            County Manager Steen noted the following:

 

·        Stokes County agrees that it will provide the Stokes County Utility Department/Danbury Water System Enterprise Fund a loan of $136,500.00 from the County of Stokes General Fund for the completion of the Danbury Water System Rehabilitation Project

·        Stokes County Utility Department/Danbury Water System agrees to repay Stokes County all the principal amount of the loan and agrees that the County of Stokes will charge and the Stokes County Utility Department/Danbury Water System will pay the County a (3.86%) per annum interest rate for the term of said loan which will be for fifteen (15) years from the date funds are actually received from Stokes County General Fund

·        Payments of principal and interest are anticipated to start December 1, 2009 through fulfillment of debt or December 1, 2024, whichever comes first

·        Proposed Inter Local Agreement has been reviewed and approved as to Form and Legal Sufficiency by County Attorney Edward Powell

·        Ready to move forward with the project

·        Finance Director Edwards provided the current estimated 3.86% interest rate

·        Principal and interest will be paid back to the County as soon as possible

·        Inter-Local Agreement will be executed by the County of Stokes and the Stokes County Utilities Department/Danbury Water System Enterprise Fund

·        Funding will have to be reserved in the future for repairs and updates to the system

·        Matching funding of $136,500 is being transferred from Capital Reserve Project Fund, funding for these projects are planning to be financed

 

County Manager Steen also presented budget amendment #26 regarding the transfer

 

of funding:

 

Budget Amendment #26

 

Finance Director Julia Edwards submitted Budget Ordinance Amendment #26.

 

To amend the General Fund, the expenditures are to be changed as follows:

 

 

 

Current

 

 

Account

Account

Budgeted

Increase

As

Number

Description

Amount

(Decrease)

Amended

 

General Fund

 

 

 

100.4931.003

Danbury Water Fund

00.00

$161,500.00

$161,500.00

 

Totals

00.00

$161,500.00

$161,500.00

 

Capital Reserve Fund

 

 

 

201.4190.013

Public Buildings

$128,552.00

$(20,000.00)

$108,552.00

201.4370.010

EMS

$115,000.00

$(115,000.00)

$00.00

201.4920.027

Town of Danbury

$25,000.00

$(25,000.00)

$00.00

201.9810.000

Transfer to General Fund

$62,285.00

$161,500.00

$223,785.00

 

 

$330,837.00

$1,500.00

$332,337.00

 

This budget amendment is justified as follows:

To transfer funds for the appropriation of $25,000 from the County and the loan from the General Fund to the Danbury Water Project.

 

This will result in a net increase of $163,000.00 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 they will be received in this fiscal year.

 

 

 

Current

 

 

Account

Account

Budgeted

Increase

          As

Number

Description

Amount

(Decrease)

     Amended

 

General Fund

 

 

 

100.3982.960

Transfer from Capital Reserve

$62,285.00

$161,500.00

$223,785.00

 

 

$62,285.00

$161,500.00

$223,785.00

 

Capital Reserve Fund

 

 

 

201.3991.000

Fund Balance

$944,573.00

$1,500.00

$946,073.00

 

Totals

$944,573.00

$1,500.00

$946,073.00

 

 

 

            The Board discussed the proposed Resolution and proposed Interlocal Agreement along

 

with Budget Amendment #26.

 

            Chairman Inman, with full consent of the Board, directed the clerk to place the items

 

on the November 24th Action Agenda.

 

            Chairman Inman noted that the Board had excused him from any discussion or voting

 

on items E, F, G, and H.

 

            Chairman Inman turned the meeting over to Vice Chairman Walker.

 

            Chairman Inman excused himself from the meeting.

 

Stokes County Board of Education – Establishment of Capital Funding for School Projects

 

            County Manager Bryan Steen presented the following information:

           

·        As an initial first step in the funding process related to capital projects for the Stokes County School System, the Board will need to consider establishing a funding amount to fund identified school capital projects:  Nancy Reynolds Elementary School, a new Elementary School, and Southeastern Middle School

·        Current realities related to going forth with establishing a funding amount include an unstable economy/credit market as well as significant uncertainties, as of 11-05-08, in the potential scope and related cost of at least one of the capital projects identified by the Stokes County Board of Education.

·        With critical financial variables currently in a state of uncertainty, the Board may want to establish a funding amount of $22 million, as identified by the County’s financial advisory presentation, as the funding level available for funding consideration by the Board of Commissioners

·        The amount of $22 million would not require a property tax increase to fulfill debt service and the Board could revisit a larger funding amount at an appropriate time in the future when previously stated financial and project variables have settled so as to enable prudent financial decisions by the Board of County Commissioners

·        Financial Advisor noted (in his opinion) that capital markets probably are going to become firmer and clearer come April and May 2009

·        The process that must be completed with the Local Government Commission is very time consuming

 

Commissioner Carroll noted the following:

 

·        Agrees the time has come for the Board to establish a Capital Projects Fund for school construction

·        Reiterated the $22 million dollars identified by the financial advisor that could be funded without a tax increase

·        Still some variables that the Board must consider before establishing a definite amount such as: 

o       Are there banks willing to lend that sum of money and at what rate

o       Need to let the School Board know that there is enough funding available for their number # 1 priority (safety concern) without question

o       The Forsyth Technical Community College needs to be considered with establishing a funding amount

o       What will a one cent tax rate equal after the upcoming revaluation

o       How will the county proceed with acquiring this amount of funding – Bond referendum, Certificates of Participation

·        ADM funding was not included in the financial scenario for $22 million

 

Commissioner Lankford noted the following:

 

·        Similar to Commissioner Carroll

·        Scenario presented by financial advisor for $22 million was based on a disciplined capital agreement by the Board

·        Funding must be set aside every year to make the $22 million work

·        The Board must commit to the financial plan before going forward with establishing any funding amount for school capital projects

·        Needs to be a lot of discussion before establishing a specific amount

 

Commissioner Smith noted the following:

 

·        The safety issue at Nancy Reynolds Elementary School

·        Need for an elementary school in the King area

·        Must establish an amount for the funding

 

Commissioner Carroll reiterated the need to establish funding to allow the Stokes

 

County Board of Education to proceed with the Nancy Reynolds project immediately.

 

            The Board discussed the information provided by Manager Steen.

 

            Dr. Stuart Hobbs noted that there were other safety issues other than Nancy

 

Reynolds, such as mobile units at Mount Olive Elementary School, access entrance at

 

Mount Olive Elementary School, and safety issues at Southeastern Middle School.

 

 

 

 

            Dr. Hobbs noted the following:

 

·        Need to know how much funding the County is going to be able to provide so that school administration can try to work with that amount, if possible by the end of November

·        Board of Education is meeting with the Nancy Reynolds Community tonight

to discuss available options

·        Feels the Board of Education (in his opinion) is ready to move on with the Nancy Reynolds project

·        Hopefully a decision regarding Nancy Reynolds can be made at the next Board of Education meeting, November 17th

·        Good time to be building schools

·        Estimate based on $145-$165 per square foot, a new elementary school is projected to be $15 to $17 million

·        Estimate based on $145-$165 per square foot, a new elementary school at a different site from the Nancy Reynolds location is projected to be $8 million

·        Estimate based on $145-$165 per square foot, reconstruction at the existing Nancy Reynolds Elementary School site is projected to be approximately $10 million – facility would have to be torn down and reconstructed back on the site to look like the existing facility

·        Estimate based on $145-$165 per square foot, renovations to the existing facility at Southeastern Middle School is projected to be $8 to $10 million

·        Board of Education is looking at a process called CM at Risk which should speed up the process of building an elementary school from 16 to 14 months, and eliminate change orders and design cost – CM at Risk is the general contractor

·        Reiterated the need for authorization from the Board of Commissioners regarding Capital Funding for School Projects

·        Will be providing the County’s Financial Advisor with updated cost estimates for the Board of Education’s three top priorities, the Financial Advisor will be providing financial models relating to the top three priorities

·        With $22 million in funding, school administration could possibly do the top two priorities depending on what the Board of Education decides to do with the Nancy Reynolds issue

·        With $35 million in funding, top three priorities could be completed along with some other minor renovation projects at other schools

 

The Board discussed the issues with Dr. Hobbs along with placing the item on

 

either the Discussion or Action Agenda.

 

            Commissioner Carroll and Commissioner Smith had no issues with placing the item on

 

the November 24th Action Agenda.

 

 

            Commissioner Lankford expressed concerns with placing the item on the Action

 

Agenda.  Commissioner Lankford noted that all the requested financial information may not be

 

available by the next Board meeting.

 

            Vice Chairman Walker noted that he had no issue with adding the agenda item to the

 

Action Agenda as long as the Board can postpone the item if no consensus can be reached.

 

            County Manager Bryan Steen noted that the County would not be able to apply for

 

LGC approval until plans are developed and bids received.  Funding must be available for land

 

purchase and plan design.

 

            Vice Chairman Walker, with a majority of the Board, directed the Clerk to place the

 

item on the November 24th Action Agenda.

           

Stokes County Board of Education – Request for Approval to Purchase Land

 

            Vice Chairman Walker noted that Dr. Hobbs would not be able to specify where the

 

land is located, the offer price for the land being considered, or the parcel number, due to the

 

fact that the Board of Education had not formally voted on the issue in open session.

 

            County Attorney Edward Powell confirmed the information provided by Vice

 

Chairman Walker.

 

            Dr. Stewart Hobbs, Superintendent-Stokes County Schools, presented the following

 

request on behalf of the Board of Education:

 

·        Respectfully request the Board of Commissioners allow the Board of Education to purchase land for a new elementary school

·        Authorization to execute the contract to purchase the property

 

Vice Chairman Walker, with full consent of the Board, directed the Clerk to place the

 

item on the November 26th Action Agenda.

 

 

 

Stokes County Board of Education – Lottery Funding for Capital Projects and ADM Funding for Technology per Fiscal Year 2008-09 Budget

 

            County Manager Bryan Steen presented the following requests from Executive Director

 

of Finance Lanette Moore, Stokes County Schools:

 

·        The Stokes County Board of Education is requesting the following State Public School Building Capital Fund Application be approved: 

School Technology = $400,000.00 based on the funding approved in the

School Board’s 2008-09 Capital Outlay Budget

·        The Stokes County Board of Education is requesting the following Lottery Fund Application be approved:  Land – New Elementary School =$1,308,000.00

 

County Manager Bryan Steen noted that the county’s Fiscal Year 2008-09 budget only

authorized $300,000.00 for School Technology, not $400,000.00.

 

            Vice Chairman Walker, with full consent of the Board, directed the Clerk to place

 

item on the November 24th Action Agenda.

 

Proposed Resolutions – Reimbursement of Capital Expenditures

 

            County Manager Bryan Steen presented the following proposed Resolutions for

 

Reimbursement of Capital Expenditures for School System and EMS Station Projects:

 

Extract of Minutes of a regular meeting of the Board of Commissioners of the County of Stokes, North Carolina held in the Commissioners’ Chambers, New Government Center, Danbury, North Carolina 27016, on November         , 2008.

*          *          *

The following members were present:                                                                                                   

                                                                                                                                                           

The following members were absent:                                                                                                    

 

Also present:                                                                                                                                       

                                                                                                                                                           

*          *          *

           

            Commissioner                                moved for consideration of the following resolution (the “Resolution”), a copy of which was available to the Board and which was read by title:

 

Resolution of the County of Stokes, North Carolina declaring the intent of the County of Stokes, North Carolina to reimburse itself for capital expenditures incurred in connection with the acquisition of land, construction, architect/engineer fees and other related expenses for an elementary SCHOOL FROM the proceeds of certain tax-exempt obligations to be executed and delivered in Calendar Year 2008 or 2009.

 

WHEREAS, the Board of Commissioners of the County of Stokes, North Carolina (“County”) has determined that it is in the best interests of County to acquire land, construction, architect/engineer fees and other related expenses for an elementary school (the “Project”);

 

WHEREAS, the County presently intends, at one time or from time to time, to finance all or a portion of the costs of the Project with proceeds of tax-exempt obligations and reasonably expects to execute and deliver its tax-exempt obligations (the “Obligations”) to finance, or to reimburse itself for, all or a portion of the costs of the Project; and

 

WHEREAS, the County desires to proceed with the Project and will incur and pay certain expenditures in connection with the Project prior to the date of execution and delivery of the Obligations (the “Original Expenditures”), such Original Expenditures to be paid for originally from a source other than the proceeds of the Obligations, and the County intends, and reasonably expects, to be reimbursed for such Original Expenditures from a portion of the proceeds of the Obligations to be executed and delivered at a date occurring after the dates of such Original Expenditures;

 

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

 

Section 1.  Official Declaration of Intent.  The County presently intends, and reasonably expects, to reimburse itself for the Original Expenditures incurred and paid by the County on or after the date occurring 60 days prior to the date of adoption of this Resolution from a portion of the proceeds of the Obligations.  The County reasonably expects to execute and deliver the Obligations to finance all or a portion of the costs of the Project and the maximum principal amount of Obligations expected to be executed and delivered by County to pay for all or a portion of the costs of the Project to be reimbursed is $ 2,402,000.

 

Section 2.  Compliance with Regulations.  The County adopts this Resolution as a declaration of official intent under Section 1.150-2 of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1986, as amended, to evidence the County’s intent to reimburse itself for the Original Expenditures from proceeds of the Obligations.

 

Section 3.  Itemization of Capital Expenditures.  The Finance Officer of the County, with advice from special counsel, is hereby authorized, directed and designated to act on behalf of the County in determining and itemizing all of the Original Expenditures incurred and paid by the County in connection with the Project during the period commencing on the date occurring 60 days prior to the date of adoption of this Resolution and ending on the date of execution and delivery of the Obligations.

 

Section 4.  Effective Date.  This Resolution is effective immediately on the date of its adoption.

 

            On motion of Commissioner __________________, seconded by Commissioner __________________, the foregoing resolution entitled “Resolution of the Board of Commissioners of the County of Stokes, North Carolina, declaring the intent of the County of Stokes, North Carolina to reimburse itself for capital expenditures incurred in connection with the acquisition of land, construction, architect/engineer fees and other related expenses for an elementary SCHOOL FROM the proceeds of certain tax-exempt obligations to be executed and delivered in Calendar Year 2008 or 2009 was duly adopted by the following vote:

 

            Ayes:

 

            Nays:

 

State of North Carolina                  )

                                                            )           ss:

County of Stokes                                 )

 

            I, Darlene M. Bullins, Clerk to the Board of Commissioners of the County of Stokes, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled “Resolution of the Board of Commissioners of the County of Stokes, North Carolina, declaring the intent of the County of Stokes, North Carolina to reimburse itself for capital expenditures incurred in connection with the acquisition of land, construction, architect/ENGINEER fees and other related expenses for an elementary school  from the proceeds of certain tax-exempt obligations to be executed and delivered in Calendar Year 2008 or 2009” adopted by the Board of Commissioners of the County of Stokes, North Carolina, at a meeting held on the           day of November, 2008.

 

            WITNESS my hand and the corporate seal of the County of Stokes, North Carolina, this the ___ day of November, 2008.

 

 

                                                                                    __________________________________

                                                                                    Darlene M. Bullins

                                                                                    Clerk to the Board

                                                                                    County of Stokes, North Carolina

 

Extract of Minutes of a regular meeting of the Board of Commissioner of the County of Stokes, North Carolina held in the Commissioners’ Chambers, New Government Center, Danbury, North Carolina 27016, on November       , 2008.

*          *          *

The following members were present:                                                                                                   

 

                                                                                                                                                           

The following members were absent:                                                                                                    

 

           

Also present:                                                                                                                                       

                                                                                                                                                           

*          *          *

           

            Commissioner                                moved for consideration of the following resolution (the “Resolution”), a copy of which was available to the Board and which was read by title:

 

Resolution of the County of Stokes, North Carolina declaring the intent of the County of Stokes, North Carolina to reimburse itself for capital expenditures incurred in connection with the acquisition, construction and equipping of an EMS Facility from the proceeds of certain tax-exempt obligations to be executed and delivered in Calendar Year 2008 or 2009.

 

WHEREAS, the Board of Commissioners of the County of Stokes, North Carolina (“County”) has determined that it is in the best interests of County to acquire, construct and equip an EMS Facility  (the “Project”);

 

WHEREAS, the County presently intends, at one time or from time to time, to finance all or a portion of the costs of the Project with proceeds of tax-exempt obligations and reasonably expects to execute and deliver its tax-exempt obligations (the “Obligations”) to finance, or to reimburse itself for, all or a portion of the costs of the Project; and

 

WHEREAS, the County desires to proceed with the Project and will incur and pay certain expenditures in connection with the Project prior to the date of execution and delivery of the Obligations (the “Original Expenditures”), such Original Expenditures to be paid for originally from a source other than the proceeds of the Obligations, and the County intends, and reasonably expects, to be reimbursed for such Original Expenditures from a portion of the proceeds of the Obligations to be executed and delivered at a date occurring after the dates of such Original Expenditures;

 

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

 

Section 1.  Official Declaration of Intent.  The County presently intends, and reasonably expects, to reimburse itself for the Original Expenditures incurred and paid by the County on or after the date occurring 60 days prior to the date of adoption of this Resolution from a portion of the proceeds of the Obligations.  The County reasonably expects to execute and deliver the Obligations to finance all or a portion of the costs of the Project and the maximum principal amount of Obligations expected to be executed and delivered by County to pay for all or a portion of the costs of the Project to be reimbursed is $400,000.00.

 

Section 2.  Compliance with Regulations.  The County adopts this Resolution as a declaration of official intent under Section 1.150-2 of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1986, as amended, to evidence the County’s intent to reimburse itself for the Original Expenditures from proceeds of the Obligations.

 

Section 3.  Itemization of Capital Expenditures.  The Finance Officer of the County, with advice from special counsel, is hereby authorized, directed and designated to act on behalf of the County in determining and itemizing all of the Original Expenditures incurred and paid by the County in connection with the Project during the period commencing on the date occurring 60 days prior to the date of adoption of this Resolution and ending on the date of execution and delivery of the Obligations.

 

Section 4.  Effective Date.  This Resolution is effective immediately on the date of its adoption.

 

            On motion of Commissioner __________________, seconded by Commissioner __________________, the foregoing resolution entitled “Resolution of the Board of Commissioners of the County of Stokes, North Carolina, declaring the intent of the County of Stokes, North Carolina to reimburse itself for capital expenditures incurred in connection with the acquisition, construction and equipping of an EMS Facility from the proceeds of certain tax-exempt obligations to be executed and delivered in Calendar Year 2008 or 2009 was duly adopted by the following vote:

 

            Ayes:

 

            Nays:

 

State of North Carolina)

                                             ) ss:

 

County of Stokes                 )

 

I, Darlene M. Bullins, Clerk to the Board of Commissioners of the County of Stokes, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled “Resolution of the Board of Commissioners of the County of Stokes, North Carolina, declaring the intent of the County of Stokes, North Carolina to reimburse itself for capital expenditures incurred in CONNECTION WITH the acquisition, construction and equipping of an EMS Facility from the proceeds of certain tax-exempt obligations to be executed and delivered in Calendar Year 2008 or 2009” adopted by the Board of Commissioners of the County of Stokes, North Carolina, at a meeting held on the           day of November, 2008.

 

 

            WITNESS my hand and the corporate seal of the County of Stokes, North Carolina, this the ___ day of November, 2008.

 

 

                                                                                    __________________________________

                                                                                    Darlene M. Bullins

                                                                                    Clerk to the Board

                                                                                    County of Stokes, North Carolina

 

 

 

County Manager Steen noted the following:

 

·        Each individual proposed resolution allows for the reimbursement of cost incurred related to each project prior to LGC loan application approval and receipt of loan proceeds

·        Reimbursement does not authorize an increase to the total project cost, but only enables the county to recover funds expended to move the projects along before a project loan can be applied for and the proceeds received

·        An estimated amount of the proposed project has to be included in the proposed resolution

·        The proposed resolution regarding the proposed EMS State increases the original budget estimate of $350,000 to $400,000 in case the project exceeds the projected cost of $350,000

·        Proposed resolutions were drafted by Bond Attorney Don Ubell

·        Proposed resolutions have been reviewed and approved as to Form and Legal Sufficiency by County Attorney Edward Powell

·        Using these proposed Resolutions will allow the County to follow the financial models recommended by the County’s financial advisor

·        Resolution must be approved before the projects began

·        Proposed Resolutions will provide financial flexibility for other financial activities should they be needed and this is a recommendation from the County’s financial advisor

 

The Board discussed the proposed Resolutions with Manager Steen.

 

Commissioner Carroll expressed concerns over borrowing funding when funding was

 

already available.

 

            Vice Chairman Walker, with full consent of the Board, directed the Clerk to place

 

the item on the November 24th Action Agenda and directed the Manager to have the County’s

 

Financial Advisor Doug Carter present for the meeting.

 

Chairman Inman rejoined the meeting.

 

Vice Chairman Walker turned the meeting back over to Chairman Inman.

 

Stokes County Nursing Home Advisory Committee – By Laws and Membership

 

            Chairman Inman noted the Clerk had provided the Board with the By Laws and

 

Membership information regarding the Stokes County Nursing Home Advisory Committee

 

as requested.

 

            Chairman Inman noted that there were two vacancies on the Nursing Home Advisory

 

Committee.

 

            Clerk Darlene Bullins noted that the County had not been advised from the Northwest

 

Piedmont Council of Governments that there were two vacancies on the Nursing Home

 

Advisory Committee.

 

            Commissioner Carroll noted that at the last two advisory meetings, there were not

 

enough members for a quorum.

 

            Commissioner Carroll noted the statutory requirement (Section B), which states

 

the following:

 

·        The county Commissioners must choose not less than one-third, but as close to one-third as possible, of the committee members from among persons nominated by a majority of the chief nursing home administrator(s) in the county

·        If the nursing home administrators fail to make a nomination within 45 days after written notification has been sent to them by the County commissioners requesting a nomination, such appointments may be made by the county commissioners without nominations.

 

            The Board discussed the By Laws - Section B – 1 Committee Appointments.

 

            Chairman Inman requested a legal opinion from County Attorney Powell.

 

            County Attorney Edward Powell stated that, in his opinion, the Board can

 

approve 2/3 from the general public, but one third has to be a nomination from the Chief

 

Nursing Home Administrators in the County.

 

            Chairman Inman, with full consent of the Board, directed the Clerk to find out

 

if any of the current members were nominated by nursing home facilities.

 

Appointments – Stokes County Fire Commission

 

            Chairman Inman noted the following:

 

·        One vacancy remains for a member affiliated with a Service District Agency

·        Joe James also recommended by the Stokes County Fire and Rescue Association for the member affiliated with a Service District Agency

·        Joe James was nominated at the October 27th meeting

 

Commissioner Smith nominated Jerry Jenkins of Ralph Boyles Road (Sauratown area) 

 

to serve as a member affiliated with a Service District.

 

            Clerk Darlene Bullins noted that the current members were provided so that the

 

Board could see what part of the county the current members reside.

 

            Commissioner Lankford noted that there was a current member from the Sauratown

 

Vol. Fire Department already on the Commission.

 

            Chairman Inman, with full consent of the Board, directed the Clerk to place this on the

 

November 24th Agenda.

                       

GENERAL GOVERNMENT – GOVERNING BODY – ACTION AGENDA

 

Town of Danbury Voluntary Annexation

Proposed Petition

 

            Chairman Inman noted the request presented by Mayor Jane Priddy-Charleville

 

at the November 10th meeting regarding a small portion of the county’s property that is outside

 

of the town limits which needs to be annexed in order to allow the town to annex the Mike

 

Barsness property.

 

            Chairman Inman entertained a motion.

 

            Commissioner Lankford moved to approve the annexation request from the Town of

 

Danbury regarding a small portion of the county’s property that is outside of the town limits

 

which needs to be annexed in order to allow the town to annex the Mike Barsness property. 

 

Commissioner Smith seconded and the motion carried unanimously.

 

Proposed Resolution Honoring Stokes County Veterans

 

            Chairman Inman presented the following proposed Resolution Honoring Stokes

 

County Veterans:

 

VETERANS  DAY –  2008

 

Resolution Honoring Stokes County Veterans

 

 

WHEREAS,    for decades America has paused on the 11th of November, the anniversary of the armistice that concluded World War I, to remember and to honor our veterans of military service in proud and grateful recognition of the hardships and sacrifices by the millions of men and women who have defended our land in war and in peace; and

 

WHEREAS,    the freedoms we enjoy have been purchased and maintained at a high price, as Americans have been willing, throughout our history, to fight and die to preserve their individual rights as guaranteed in the United States Constitution and the Bill of Rights; and

 

WHEREAS,    Americans owe a great debt to all those who have served in defense of this nation throughout the generations; for their sacrifices, often resulting in permanent injury or death, which have preserved our unique form of government dedicated to human right and respect for the individual, and preserved our freedoms and promise of liberty as an example for oppressed persons of the world; and

 

WHEREAS,    in honor of these dedicated men and women, we pledge our continued defense of our nation so that their sacrifice will stand before the entire world as a tribute to the spirit and determination of a people dedicated to the principle of freedom and democracy.

 

NOW, THEREFORE, BE IT RESOLVED, the Stokes County Board of Commissioners does hereby proclaim Tuesday, November 11, 2008, as “Veterans’ Day” in Stokes County, and urge our citizens to commend its observance.

 

Adopted this 10th day of November, 2008.

 

______________________________                                       _________________________________

J. Leon Inman- Chairman                                             Jimmy Walker – Vice Chairman

____________________________                              _______________________________

Ron Carroll - Commissioner                            Ernest Lankford - Commissioner  

 

____________________________                             

Stanley Smith - Commissioner

 

Attest:

 

___________________________________

Darlene M. Bullins – Clerk to the Board

 

 

            Commissioner Lankford moved to approve the submitted Resolution Honoring Stokes

 

County Veterans.  Vice Chairman Walker seconded and the motion carried unanimously.

 

Purchase of Patrol Vehicles – State Contract

 

            Chairman Inman entertained a motion.

 

Commissioner Smith moved to approve the motion to move forward with the purchase

 

of (7) seven Crown Vic’s from Capital Ford at a cost of $21,182 = $148,274.00. 

 

Commissioner Carroll seconded and the motion was unanimously

 

 

Closed Session

 

            Chairman Inman entertained a motion to enter into closed session:

 

·        To consider and take action with respect to the position to be taken by the county in negotiating the price or other material terms of an agreement for the acquisition or lease of real property pursuant to G.S. 143-318.11(a)(5)

 

·        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

 

·        To consider and take action with respect to the position to be taken by the county in negotiating the price or other material terms of an agreement for the acquisition or lease of real property pursuant to G.S. 143-318.11(a)(5)

 

·        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). 

 

 

Vice Chairman Walker seconded and the motion carried unanimously.

 

 

The Board returned the open session of the November 10th meeting

 

 

Health Department – Salary Requests

 

Chairman Inman entertained a motion.

 

            Commissioner Carroll moved to approve the request from the Health Director to

 

establish the salary for the Home Health Nursing Supervisor at $47, 000 and the Public Health

 

Nursing Supervisor at $56,000 with placement on the salary schedule at the appropriate step

 

and grade and allowing the candidates to accrue longevity from that point forward.

 

Commissioner Smith seconded and the motion carried 3-2 with Chairman Inman and

 

Commissioner Lankford voting against the motion.

 

Purchase of Property

 

            Public Works Director Mark Delehant informed the Board that the property owner

 

agreed to sell the property at the tax value of $1500.00. The site will be used for installation of

 

a water tank for the Danbury Water System Rehabilitation Grant Project.

 

            Chairman Inman entertained a motion.

 

            Commissioner Lankford moved to approve the land purchase (parcel number

 

693692998609) for the amount of $1500.00.  Commissioner Smith seconded and the motion

 

carried unanimously.

 

 

 

Salary Exceptions

 

            Chairman Inman entertained a motion.

 

            Commissioner Carroll moved that the salary exceptions that have been authorized by

 

Board, be plugged into the County’s current pay plan at the appropriate grade and step and

 

be allowed to accrue longevity from that point forward.  Commissioner Smith seconded and

 

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

 

 

 

 

 

Adjournment

 

There being no further business to come before the Board, Chairman Inman 

 

entertained a motion to adjourn the meeting.

 

Commissioner Smith moved to adjourn the meeting.  Vice Chairman Walker

 

seconded and the motion carried unanimously.

 

 

 

 

 

 

 

 

_________________________                                  _____________________________

Darlene M. Bullins                                                    J. Leon Inman

Clerk to the Board                                                     Chairman