STATE OF NORTH CAROLINA ) OFFICE OF THE COMMISSIONERS
) STOKES COUNTY GOVERNMENT
COUNTY OF STOKES ) DANBURY, NORTH CAROLINA
) APRIL 27, 2009
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 (Administration Building) located in Danbury, North Carolina
on Monday,
April 27, 2009 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
Health
Director Josh Swift
Public
Works Director Mark Delehant
County
Attorney Edward Powell
Chairman J. Leon Inman called the meeting to
order.
Commissioner Smith delivered the invocation.
GENERAL GOVERNMENT-GOVERNING BODY-PLEDGE OF
ALLEGIANCE
Chairman Inman opened
the meeting by inviting the citizens in attendance to join the
Board with the Pledge of Allegiance.
GENERAL
GOVERNMENT – GOVERNING BODY – APPROVAL OF AGENDA
Chairman Inman entertained a motion to approve
or amend the April 27, 2009
Agenda.
Commissioner Carroll
requested to move Consent Item B- “Capital Budget Ordinance” to
the Discussion Agenda following the “Acquisition of Land – Nancy
Reynolds Project Approval of
Purchase Price”. Commissioner Carroll noted that the Capital Budget
Ordinance could not be
approved before the purchase price for the land needed for the Nancy
Reynolds Project is approved.
County Manager Bryan
Steen requested to pull the following item from tonight’s Agenda:
·
Discussion Agenda – Item E – “Proposed Memorandum
of Understanding
Between the Agencies Comprizing the
North-Central NG 9-1-1 Regional Compact”
County Manager Steen
noted that Communications Director Del Hall had informed him that
there needed to be further work on the MOU before presenting the item
to the Board.
The
Board had no issues with moving Consent Item #B and deleting Discussion Item #-E.
Commissioner Lankford
moved to approve the April 27, 2009 Agenda as amended.
Commissioner Smith seconded and the motion carried unanimously.
PUBLIC COMMENTS
The following spoke during public comments.
Ms. Dee Luster
10003 HWY 89 W
Westfield, NC 27053
RE: Clyde Amos Road
Ms. Luster stated that she wanted to personally thank the Board,
especially Chairman Inman, for their support in making the changes to the Clyde
Amos Road.
CONSENT AGENDA
Chairman Inman entertained a motion to approve
or amend the following items on the
Consent Agenda:
Minutes
- Minutes of April
7, 2009
- Minutes of April
14, 2009
Social Services –
Budget Amendment #66
Finance Director Julia Edwards
submitted Budget Ordinance Amendment #66.
To amend the General Fund, the expenditures are to
be changed as follows:
|
|
|
Current |
|
|
|
Account |
Account |
Budgeted |
Increase |
As |
|
Number |
Description |
Amount |
(Decrease) |
Amended |
|
|
Social Services |
|
|
|
|
100.5310.000 |
Salaries and Wages |
$1,650.144.00 |
$29,940.00 |
$1,680,084.00 |
|
|
Totals |
$1,650.144.00
|
$29,940.00
|
$1,680,084.00
|
|
|
|
|
|
|
This budget amendment is justified as follows:
The Administrative Funding for Food and Nutrition
Services is paid for through the American Recovery Reinvestment Act of 2009.
This will result in a net increase of $29,940.00 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 |
|
100.3301.202 |
SS County Federal |
$2,253,574.00 |
$29,940.00 |
$2,283,514.00 |
|
|
Totals |
$2,253,574.00 |
$29,940.00 |
$2,283,514.00 |
Jail – Budget
Amendment #67
Finance Director Julia Edwards
submitted Budget Ordinance Amendment #67.
To amend the General Fund, the expenditures are to
be changed as follows:
|
|
|
Current |
|
|
|
Account |
Account |
Budgeted |
Increase |
As |
|
Number |
Description |
Amount |
(Decrease) |
Amended |
|
|
Jail |
|
|
|
|
100.4320.352 |
M & R –Buildings |
$1,500.00 |
$11,656.00 |
$13,156.00 |
|
|
Totals |
$1,500.00 |
$11,656.00 |
$13,156.00 |
This budget amendment is justified as follows:
To appropriate SCAAP funding for the painting of
Cell Blocks B, C, & D at the Jail.
This will result in a net increase of $00.00 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 |
|
100.3301.418 |
SCAAP |
$00.00 |
$11,656.00 |
$11,656.00 |
|
|
Totals |
$00.00 |
$11,656.00 |
$11,656.00 |
Commissioner Carroll noted that the amount of $11,656.00 should be in inserted instead of $00.00
as follows:
· This will result in a net increase of $11,656.00 in the expenditures and other financial use to the County’s annual budget.
Housing Grant Fund
- Budget Amendment #68
Finance Director Julia Edwards
submitted Budget Ordinance Amendment #68.
To amend the General Fund, the expenditures are to
be changed as follows:
|
|
|
Current |
|
|
|
Account |
Account |
Budgeted |
Increase |
As |
|
Number |
Description |
Amount |
(Decrease) |
Amended |
|
|
Housing Grant Fund Single Family Rehab. |
|
|
|
|
205.4970.180 |
Professional Services |
$00.00 |
$79,700.00 |
$79,700.00 |
|
205.4970.370 |
Advertising |
$00.00 |
$300.00 |
$300.00 |
|
205.4970.440 |
Misc. Contractual Services |
$00.00 |
$320,000.00 |
$320,000.00 |
|
|
Totals |
$00.00 |
$400,00.00 |
$400,000.00 |
CDBG Scattered Site Housing
|
205.4971.180 |
Professional Services |
$00.00 |
$43,500.00 |
$43,500.00 |
|
205.4971.440 |
Misc. Contractual Services |
$00.00 |
$356,500.00 |
$356,500.00 |
|
|
Totals |
$00.00 |
$400,000.00 |
$400,000.00 |
This budget amendment is justified as follows:
To re-appropriate Single Family Rehab. and CDBG
funding for the completion of projects.
This will result in a net increase of $800,000.00 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 |
|
205.3301.000 |
Single Family Rehab |
$00.00 |
$400,000.00 |
$400,000.00 |
|
205.3301.001 |
CDBG Scattered Site Housing |
$00.00 |
$400,000.00 |
$400,000.00 |
|
|
Totals |
$00.00 |
$800,000.00 |
$800,000.00 |
Tax
Administration Report – March 2009
Tax Administrator Oakley presented the
following Real and Personal Property Releases
(March 2009), which are more than $100 at the April 14th
meeting, with a request for action by the
Board of Commissioners at the April 27th meeting:
|
Real
and Personal Property Releases More |
|
|
|
|
than
$100–March 09-Per NCGS 105-381 (b) |
|
|
|
|
|
Account |
Amount |
|
|
Name |
Number |
|
Reasons |
|
Jackie
Shields |
08A155926131.09 |
$124.75 |
Single
wide mobile home doubled listed |
|
Tonya
Jackson |
04A2004013294 |
$146.15 |
Different
Owner for 2004 |
|
John
Key |
08A8877.09 |
$104.24 |
Different
Owner for 2008 |
|
|
|
$375.14 |
|
Tax Administrator Oakley presented the
following EMS Delinquent Release Report
(March 2009) at the April 14th meeting with a request for action
by the Board of Commissioners
at the April 27th meeting:
|
Amount |
Call# |
Date of |
Reason |
|
|
Service |
||||
|
$ 40.00 |
983756A |
8/27/1998 |
DEC 10-12-07 |
No estate |
|
$ 110.00 |
984074A |
9/16/1998 |
DEC 10-12-07 |
No estate |
|
$ 125.00 |
985345A |
12/5/1998 |
DEC 10-12-07 |
No estate |
|
$ 40.00 |
100329 |
1/12/2001 |
DEC 10-12-07 |
No estate |
|
$ 270.00 |
100331 |
1/21/2001 |
DEC 10-12-07 |
No estate |
|
$ 415.64 |
204665 |
11/16/2002 |
DEC 10-12-07 |
No estate |
|
$ 928.46 |
405608 |
12/8/2004 |
DEC 02-04-07 |
No estate |
|
$ 470.00 |
504161 |
8/24/2005 |
DEC 02-04-07 |
No estate |
|
$ 589.00 |
600742 |
2/9/2006 |
DEC 02-04-07 |
No estate |
|
$2,988.10 |
2008 Annual
Report of the Stokes County Community Child Protection Team
DSS
Director Jan Spencer submitted the informational 2008 Annual Report of the
Stokes
County Community Child Protection Team as required
by NCGS 7B-1406. The report noted that
the
Team recommends the following to the Board of
Commissioners:
·
Continue
to support efforts to make services accessible to Stokes County citizens
with mental health needs, substance abuse
issues, and/or domestic violence issues
2008 Annual
Report of the Stokes County Child Fatality Prevention Team
Health
Director Josh Swift submitted the informational 2008 Annual Report of the
Stokes
County Child Fatality Prevention Team. The reported noted the following:
·
With
child safety and promotion of child safety education as important
elements
of preventing child deaths, the Stokes County Department of
Social Services along with the Stokes County
Sheriff’s Department and
Health Department continue to collaborate with
other local agencies to
increase awareness of the Child Fatality Team
as a team that seeks
interventions
and ways to prevent child deaths.
Disposal of
County Property -1260 Burton Loop Road- Walnut Cove – Proposed Resolution
County Manager Bryan Steen submitted
the following proposed Resolution at the April 14th
meeting with a request for action by
the Board of Commissioners at the April 27th meeting:
RESOLUTION
State of North Carolina
COUNTY OF STOKES
WHEREAS, NCGS
153A-176 authorizes the County to dispose of real property in accordance with
procedures prescribed in Chapter 160A, Article 12;
WHEREAS,
NCGS 160A-265 gives the Board of Commissioners the authority to dispose of real
or personal property;
WHERSAS,
NCGS 160A-266(d) (III) authorizes the County of Stokes to discard, dispose of
any real property that (i) is determined to have no value, (iii) poses a
potential threat to the public health or safety:
WHEREAS,
located at East Walnut Cove Park, 1260 Burton Loop Road is an old building that
has been determined to have no value, is no longer useful for storage, is a
danger to park participants and is in the County’s best interest to dispose of
said building;
NOW, THEREFORE BE IT RESOLVED that the Stokes County Board of Commissioners
declares this building as surplus and approves for this building to be burnt by
the Walnut Cove Volunteer Fire Department as requested by Mr. James Dalton,
East Walnut Cove Community Park Chairman;
Adopted this the 27th
day of April 2009.
____________________________
_____________________________
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
Proposed Resolution
– Danbury Wastewater Treatment Plant Improvements
Public
Works Director Mark Delehant submitted the following proposed Resolution
at the April 14th meeting with a request for action by the Board of
Commissioners at the April 27th
meeting:
RESOLUTION
BY THE COUNTY OF STOKES
BOARD OF COMMISSIONERS
WHEREAS, The Federal Clean Water
Act Amendments of 1987 and Safe Drinking Water Act Amendments of 1996 and the
North Carolina Water Infrastructure Act of 2005 (NCGS 159G) have authorized the
making of loans and grants to aid eligible units of government in financing the
cost of construction of wastewater or
drinking water system improvements, and
WHEREAS, The County of Stokes has
need for and intends to construct a wastewater or drinking water system
project(s) described as:
o
Danbury Wastewater Treatment Plant Improvements
WHEREAS, The County of Stokes
intends to request state loan assistance for the project(s),
NOW THEREFORE BE IT RESOLVED, BY THE BOARD OF
COMMISSIONERS OF THE COUNTY OF STOKES:
That the County of Stokes, the Applicant,
will arrange financing for all remaining costs of the project(s), if approved
for a State loan award.
That the Applicant will adopt and
place into effect on or before completion of the project(s) a schedule of fees
and charges and other available funds which will provide adequate funds for
proper operation, maintenance, and administration of the system and the
repayment of all principal and interest on the debt.
That the governing body of the Applicant
agrees to include in the loan agreement a provision authorizing the State
Treasurer, upon failure of the County of Stokes to make scheduled repayment of
the loan, to withhold from the County of Stokes any State funds that would
otherwise be distributed to the local government unit in an amount sufficient
to pay all sums then due and payable to the State as a repayment of the loan.
That the Applicant will provide for
efficient operation and maintenance of the project(s). on completion of
construction thereof.
That Kenneth B. Steen, the County Manager, and successors so
titled, is hereby authorized to execute and file an application on behalf of
the Applicant with the State of North Carolina for a loan to aid in the
construction of the project(s) described above.
That the Authorized Official, and
successors so titled, is hereby authorized and directed to furnish such
information as the appropriate State agency may request in connection with such
application or the project(s): to make
the assurances as contained above; and to execute such other documents as may
be required in connection with the application.
That the Applicant has substantially
complied or will substantially comply with all Federal, State, and local laws,
rules, regulations, and ordinances applicable to the project(s) and to Federal
and State grants and loans pertaining thereto.
Adopted this the 27th day of April, 2009 at Danbury, North
Carolina.
(Signature of Chief Executive Officer)
___________________________________________________
(Title)
Appointment of
Economic Development Director – County Representative for the Workforce
Development Board
County
Manager Bryan Steen requested the Board’s approval to appoint Economic
Development Director Alan Wood to serve on the
Workforce Development Board. Director
Wood will replace Manager Steen who has been serving
on the Board since the retirement of
Ron Morgan.
Proposed
Resolution – House Bill #103
County
Manager Bryan Steen presented the following proposed Resolution which will
authorize Stokes County to deny issuance of a
building permit if the applicant is delinquent in
payment of their property taxes for the Board’s
approval:
RESOLUTION FOR HOUSE BILL 103
Whereas, Stokes County desires all citizens to promptly pay their duly established property taxes; and
Whereas, Delinquent taxes have an adverse impact on the provision of services and require higher taxes on those citizens that pay their taxes; and
Whereas, Inclusion as listed county on House Bill 103 will provide Stokes County an additional means of prompting citizens to pay their taxes.
NOW THEREFORE BE IT
RESOLVED, THAT:
The Stokes County Board of Commissioners request our State Senator Don East and House Representative Bryan Holloway to request that Stokes County also be listed as a county authorized to be able to deny a building permit request if the requester is delinquent in payment of property taxes.
Adopted by the Stokes County Board of Commissioners this 27th day April, 2009.
_________________________________ ________________________________
Chairman J. Leon Inman Vice Chairman Jimmy Walker
_________________________________ ________________________________
Commissioner Ron Carroll Commissioner Ernest Lankford
_________________________________
Commissioner Stanley Smith
Attest:
_________________________________
Darlene M. Bullins
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
Update –
Manager and Board of Commissioners
County Manager Bryan
Steen noted the following:
·
Most of the renovations at the Stokes Opportunity
Center will be finished
by next
Wednesday with a formal opening in early June
GENERAL
GOVERNMENT – GOVERNING BODY – DISCUSSION AGENDA
Juvenile
Crime Prevention Council (JCPC ) – Funding Recommendation for
Fiscal Year 2009-10
JCPC Chairman Jan
Spencer noted the following regarding JCPC funding recommendation
for the upcoming Fiscal Year 2009-10:
·
JCPC has completed the RFP process for FY 09/10
·
Proposals were considered for the following areas
§
Restitution-Community Service
§
Family Counseling with Parent/Family Skills Classes
§
Psychological Assessments/Testing
§
Substance Abuse Assessment and Treatment
§
Emergency Shelter Services
·
Proposed Program Services were expected to target the following risk
factors for Delinquency or Repeated Delinquency:
§
Adjudicated youth with:
o
Peer relationship issues or who associate with delinquent youth
o
Have moderate to serious school behavior problems
o
Some substance use or abuse
o
Are in need of further assessment or treatment
o
Have had prior adjudications
o
Exhibit runaway behaviors
o
Have parents who have problems with providing adequate levels of
supervision
·
Following requests were considered and approved by JCPC on April 14th:
§
Insight = $27,465
§
Stokes Friends of Youth = $82,559
§
Emergency Shelter Program = $7,746
§
Psychological Testing = $2,031
§
SCAN = $23,367
§
Total recommendation = $143,168
§
Total county match request = $34,079
·
Request is the same as fiscal year 2008-09
·
Others in attendance:
§
Clyde Stewart – Stokes Friends of Youth
§
Rusty Slate – Emergency Shelter/Psychological Testing
§
Tammy Slater – SCAN
JCPC Chairman Spencer concluded
the JCPC programs provide quality services to Stokes
County youth and requested approval to submit the JCPC recommendation for
state funding.
The Board discussed the
JCPC recommendation with Chairman Spencer.
Chairman Inman, with
full consent of the Board, directed the Clerk to place the item on the
May 11th Action Agenda.
DSS
Stimulus Funding
DSS Director Jan Spencer
presented the following DSS Stimulus Funding recommendation
information:
·
Researched several possibilities for using the Food Nutrition Services (Food
Stamps) Stimulus funding of $29,940
·
Talked with staff regarding the possibilities
·
Recommend contracting with Vanguard Professional Staffing
·
Have used Vanguard in the past with no issues
·
Vanguard will train the new workers on site, thus freeing up the DSS lead
worker to continue to managing their current caseload
·
Funding will be used to hire two workers through the end of September 09
with hopes of hiring two Stokes County citizens
·
Additional stimulus funds are expected before the end of September, which
should provide funding for these two positions until 2010
·
Contract workers – no benefits
·
Feels this is the best use of the funding
·
Funding will be a great benefit for the Food Stamps Department
·
Need to move forward as soon as possible
DSS Director Spencer noted that
the department’s Foster Care has a record number of
foster care children at the present time – 76.
The Board discussed the agenda
item with Director Spencer.
Chairman Inman, with full consent
of the Board, directed the Clerk to place the item on
tonight’s Action Agenda.
Proposed
Bids – Construction of New Well for Danbury Water System
Public Works Director Mark
Delehant presented the following regarding the proposed bids
for the construction of a new well for the Danbury Water System:
·
Bid opening for the new well construction was held on April 7th
·
Following bids were received:
o
Gopher Utility Services, Inc. =
$17,338.75
o
McCall Brothers, Inc. = $14,520.00
o
Raymond Brown Well Company = $10,640.00
·
Lowest bid contained mathematical errors in the unit cost column of the
bid
·
The low bid was protested by one of the other bidding companies
·
Request the Board reject all bids and authorize re-advertisement of the
project
The Board discussed the proposed
bids with Director Delehant.
Chairman Inman, with full consent
of the Board, directed the Clerk to place the item
on tonight’s Action Agenda.
County
Job Vacancies
County Manager Bryan
Steen presented the following vacant positions for the Board’s
consideration:
·
EMS- ambulance crew position
·
Public Building, seasonal part-time park position
·
Health Department – Processing Assistant IV
·
Home Health – Public Health Nurse II
Health Director Josh Swift noted
the following regarding the Health Department’s vacancies:
·
Processing Assistant IV position is responsible for processing all bills
for the adult health, women’s health, and child health (Medicare, Medicaid,
private insurances, etc.)
·
Very necessary position
·
Have been working with the position vacant, but another staff member in
the same area has given notice of her leaving in June 09 – thus creating a
hardship on the clerical staff
·
Home Health Public Health Nurse will allow Home Health to see more
patients, increase revenue, and provide more services to the citizens of Stokes
County
·
With the current economy, patient load has increased
·
Board of Health endorsed filling the two vacant positions and directed
Director Swift to proceed to the next step which is to request approval from
the Board of Commissioners
The Board discussed the two
vacancies with Director Swift and the Health Department’s
current billing procedures.
Director Swift noted
that the department is having state consultants review the department’s
current billing procedures for accuracy and efficiency.
Chairman Inman, with full consent
of the Board, directed the Clerk to place the Health
Department vacant positions on tonight’s Action Agenda.
County Manager Steen noted the
following regarding the EMS and Public Building
vacancies:
·
Emergency Medical Services Director Monty Stevens noted the following to
Manager
Steen regarding the vacant position:
§
Possibility that another staff member may take maternity leave before the
vacant position is filled which will rapidly deplete the part time roster
§
Vacation leave requested by employees will also deplete the part time
roster
§
Currently have part timers who are interested in a full time position
·
Public Buildings – Part time seasonal park position
§
Two employees are currently out on worker’s compensation at the landfill
§
Custodian from Public Buildings is currently working at the landfill
§
Part time position at the park will work on Saturdays, Sundays, and
Mondays
§
Hope summer youth can assist the Public Buildings staff
§
Part time position will decrease the accrual of comp. time for full time
staff
Vice Chairman Walker expressed
concerns with the selective hiring procedures currently in
place. Vice Chairman Walker noted
that the department head should know best if the position
should be filled.
Commissioners Carroll
and Smith had no issues with all vacancies being presented to the
Board for consideration during the current economic status.
Commissioner Lankford
expressed concerns with hiring a part time position at the park before
the County receives information about the number of summer youth the
county will be receiving
especially in the current economic crisis. Commissioner Lankford feels the County should
be
very cautious in filling vacant positions.
Chairman Inman noted the
need to be very cautious with full time employees earning
comp. time which could possibility cost the County more than a part time
position and reiterated that
the vacant positions are not new positions. Chairman Inman stated that he
would like to see a
comparison cost between paying off comp. time versus hiring a temporary
part time position.
The Board discussed
moving the item to tonight’s Action Agenda.
Chairman Inman, with a
consent from the majority of the Board, directed the Clerk to place
the item on tonight’s Action Agenda.
Proposed
EMS Final Plan Specifications
Support Services
Supervisor Danny Stovall presented the final plans/specifications for the
new Pinnacle EMS Station for the Board’s review. Mr. Stovall noted the following:
·
Building plans/specifications are 95% complete
·
EMS Director has reviewed the plans and suggested some minor changes
·
Planning Department and Fire Marshal are currently reviewing the plans
·
Trying to make sure the plans are right in order to eliminate change
orders which increase cost
·
Would be willing to meet with Commissioners individually to discuss the
plans
·
Bids will hopefully be released within the next two weeks
·
Project will be bid per NCGS 143-129 for formal bids
·
$100.00 plan deposit fee will be charged to all bidders that pick up
plans, full plan deposit will be returned only to contractors that submit bids
provided all documents are returned in good condition within (10) days after
bid date
·
Contractors, subcontractors or vendors can purchase additional sets
directly from Sharp Images
·
Bids will be requested as single prime and multi prime
·
With the proposed project projected to be over $300,000, a Resolution for
Stokes County To Adopt Outreach Plan and to Establish Verifiable Percentage
Goal for Participation by Minority Businesses in the Awarding of Business
Construction Contracts Pursuant NCGS 143-128.2 should be adopted after a public
hearing
by the Board of Commissioners
§
Stokes County has a current verifiable goal of 10 percent
for minority participation for
building construction or
repair projects
§
Goal will be reviewed every 3 years
§
Outreach Plan and Guidelines for
Recruitment and Selection of Minority Businesses for Participation in Stokes
County’s Building Construction or Repair Contracts, which was obtained from the
North Carolina School of Government, was presented for the Board’s review
§
Proposed Resolution for Stokes County to Adopt Outreach Plan
and to Establish Verifiable Percentage Goal
for Participation by Minority Businesses in the Awarding of Business
Construction Contracts Pursuant NCGS 143-128.2, which was also obtained from
the North Carolina School of Government, was presented for the Board’s review
The Board discussed the building
plans/specifications and the proposed Outreach Plan and
Guidelines for Recruitment and Selection of Minority Businesses for
Participation in Stokes
County’s Building Construction or Repair Contracts.
Chairman Inman directed
Board members to meet with Mr. Stovall individually to further
review the plans/specifications if desired.
Proposed
Resolution – CenterPoint Human Services – Merger of Rockingham County
CEO Betty Taylor,
CenterPoint, presented the following proposed Resolution for the
Board’s consideration regarding the merger of Rockingham County into the
CenterPoint
catchment area:
Resolution of Approval by the Stokes County Board of Commissioners
For the Addition of Rockingham County to the
CenterPoint Human Services Local Management Entity
WHEREAS,
CenterPoint Human Services is the Local Management Entity (CenterPoint LME) for
Davie, Forsyth and Stokes Counties
(Catchment Area) as provided in NCGS §122C-115 with a combined population of
approximately 431,687;
WHEREAS,
the Alamance-Caswell-Rockingham LME (ACR LME) includes the counties of
Alamance, Caswell and Rockingham with a combined population of approximately 258,686;
WHEREAS,
the Rockingham County Board of Commissioners on February 23, 2009, unanimously
approved its resolution of intent to change its LME from ACR LME to CenterPoint
LME as authorized by NCGS §122C- 115.3(a);
WHEREAS, Rockingham County with a population of
approximately 91,928 seeks to join the CenterPoint LME on July 1, 2009 in
compliance with NCGS §122C-115.3(a) forming a four-county Local Management
Entity with a combined population of approximately 523,615;
WHEREAS,
the final Resolution of the Rockingham County Board of Commissioners was
approved on May 11, 2009; and
WHEREAS,
the Resolution of Intent by the Board of Directors of CenterPoint Human
Services to Expand the Local Management Entity through the Addition of
Rockingham County was approved on March 26, 2009 and the final Resolution of
Approval by the Board of Directors of CenterPoint Human Services to Expand the
Local Management Entity through the Addition of Rockingham County will be
approved on May 28, 2009;
WHEREAS,
all requirements under NCGS 122C including continuity of care for
consumers will be met and approval of the
Secretary of the Department of Health and Human Services shall be obtained
prior to July 1, 2009 as required by NCGS 122C-115.(c); and
WHEREAS,
CenterPoint Human Services seeks to formalize the approvals of Davie, Forsyth
and Stokes Counties for the addition of Rockingham County;
NOW
THEREFORE BE IT RESOLVED THAT THE
Stokes
County Board of Commissioners approves the addition of Rockingham County to the
Catchment Area served by CenterPoint Human Services on July 1, 2009 to serve
the mental health, developmental disability and substance abuse needs for the
four counties of Davie, Forsyth, Rockingham and Stokes.
Approved
and adopted the ____ day of ________, 2009.
(SEAL)
_________________________________ ________________________________
Chairman J. Leon Inman Vice
Chairman Jimmy Walker
_________________________________ ________________________________
Commissioner Ron Carroll Commissioner
Ernest Lankford
_________________________________
Commissioner Stanley Smith
Attest:
_________________________________
Darlene M. Bullins
Clerk to the Board
CEO Taylor noted the
following regarding the proposed resolution:
·
Rockingham County seeks to join the CenterPoint LME on July 1, 2009
forming a four-county Local Management Entity
·
Merger will be a positive for Stokes County
§
Residents of Stokes will be able to receive services in Rockingham
County, which will be closer than traveling to Winston Salem (especially for
those citizens in the northern part of the County)
§
Allocation for services is based on population, increased funding is
expected to increase services in the four county area
§
Addition of Rockingham’s 91,928 population will place CenterPoint over
the 500,000 threshold which is a crucial minimum benchmark to apply for
Medicaid waiver – this waiver will be presented to the Board during fiscal year
2009-10
§
Merger will be positive not only for Stokes County, but for all four
counties in the catchment areas
·
Request approval at the May 11th meeting
The Board discussed the proposed
Resolution with CEO Taylor.
Chairman Inman, with full consent
of the Board, directed the Clerk to place the item on the
May 11th Action Agenda.
Proposed
Resolution – Opposing the Proposed State Tobacco Tax Increase
County Manager Bryan
Steen presented the following proposed Resolution as requested
by the Board of Commissioners at the April 14th meeting
regarding Opposing the Proposed
State Tobacco Tax Increase:
A RESOLUTION OPPOSING THE PROPOSED
STATE TOBACCO-TAX INCREASE
WHEREAS, Governor Beverly Perdue has proposed to balance the shortfall in the State’s budget in part by increasing the tax on tobacco;
WHEREAS, the Governor’s proposal would increase the State tax on Cigarettes by $1.00, in addition to a 62 cents increase in the federal tax on cigarettes, which will become effective April 1, 2009;
WHEREAS, the proposed State tobacco-tax increase combined with the federal increase in the tobacco-tax would result in an average retail price for cigarettes in North Carolina of approximately $5.50 per pack;
WHEREAS, the proposed tobacco-tax increase could be destructive to the tobacco industry, including Reynolds American, Inc. and R. J. Reynolds Tobacco Company, major tobacco manufacturing companies based in Winston-Salem, Forsyth County, N.C.;
WHEREAS, Reynolds American and R. J. Reynolds Tobacco Company employs a number of Stokes County residents and pays approximately $123,595.84 yearly in real and personal property taxes to the Stokes County.
NOW, THEREFORE, BE IT RESOLVED that the Stokes County Board of Commissioners hereby expresses its opposition to the above-described, proposed State tobacco-tax increase and encourages other municipalities and counties to also express their opposition to this tax increase.
Adopted this ___ day of April 2009.
_________________________________ ________________________________
Chairman J. Leon Inman Vice
Chairman Jimmy Walker
_________________________________ ________________________________
Commissioner Ron Carroll Commissioner
Ernest Lankford
_________________________________
Commissioner Stanley Smith
Attest:
_________________________________
Darlene M. Bullins
Clerk to the Board
The Board discussed the
proposed Resolution.
Chairman Inman, with
full consent of the Board, directed the Clerk to place the item on
tonight’s Action Agenda.
Acquisition
of Land – Nancy Reynolds Project – Approval of Purchase Price
Capital
Budget Ordinance
County Manager Bryan
Steen presented the following information regarding the acquisition
of land for the Nancy Reynolds Project – approval of purchase price:
·
Information has been received from Stokes County School System Attorney
Fred Johnson and Superintendent Stuart Hobbs related to the purchase price for
land for the Nancy Reynolds Project
o
Boles Property which includes 2.33 acres along with a residential
dwelling
on the parcel = $81,000.00
(current tax value)
o
George Property which includes 8.32 acres @$4,000 per acre = $33,280.00
Commissioner Carroll requested to discuss the
proposed Capital Budget Ordinance which
was transferred from the Consent Agenda with the purchase price of the
land for the Nancy Reynolds
Project.
Chairman Inman requested to be recused from
any discussion or action regarding the
proposed Capital Budget Ordinance due to a potential financial conflict.
Chairman Inman turned
the meeting over to Vice Chairman Walker.
Vice Chairman Walker
entertained a motion to allow Chairman Inman to be recused
from any discussion or action regarding the proposed Capital Budget
Ordinance.
Commissioner Smith
moved to recuse Chairman Inman from any discussion or action
regarding the Capital Budget Ordinance.
Commissioner Lankford seconded and the motion carried
unanimously.
Chairman Inman excused himself from the
meeting.
The Board discussed the following
proposed Capital Budget Ordinance presented by Finance
Director Julia Edwards:
Capital Project Ordinance
BE IT O
Section 1. The
project authorized is the purchase of land, mobile classroom and other related
expenditures financed by a private placement.
Section 2. The
officers of this unit are hereby directed to proceed with the capital project
within the budget contained herein.
Section 3. The
following amounts are appropriated for the project:
Nancy Reynolds School Project
Land 400.5914.660 $ 144,170.00
PODS w/related costs 400.5914.690 $ 18,502.00
Financing Fees 400.5914.750 $ 13,125.00
Contingency 400.5914.970 $ 21,808.00
Total $ 197,605.00
New Elementary School
Land 400.5915.660 $1,307,086.00
Financing Fees 400.5915.750 $ 13,125.00
Contingency 400.5915.970 $ 21,808.00
Total $1,342,019.00
Section 4. The
following revenues are anticipated to be available to complete this project:
Proceeds from financing 400.3831.002 $1,539,624.00
Section 5. The
Finance Director is hereby directed to maintain within the Capital Project Fund
sufficient specific detailed accounting records to satisfy the requirements.
Section 6.
Funds may be advanced from the General Fund for the purpose of making
payments as due.
Section 7. The
Finance Director is directed to report, on a quarterly basis, on the financial
status of each project element in Section 3.
Section 8. The
Budget Officer is directed to include a detailed analysis of past and future
costs and revenues on this capital project in every budget submission made to
this Board.
Section 9.
Copies of this capital project ordinance shall be furnished to the Clerk
to the Governing Board, and to the Budget Officer and the Finance Director for
direction in carrying out this project
Adopted this __ day of May, 2009
Commissioner Carroll
questioned the amount of funding on the proposed Capital Budget
Ordinance regarding the land already approved for the purchase in the
Yadkin Township for a new
elementary school and the amount being requested for land acquisition for
the Nancy Reynolds
Project. Commissioner Carroll
noted both amounts related to land purchases exceed what was
approved for the new elementary school and what is being requested for
the Nancy Reynolds Project.
Finance Director Edwards
noted that the amounts for both projects included other estimated
costs such as site preparation costs, appraisal costs, deed stamps, etc.
The Board discussed the proposed
Capital Budget Ordinance with Director Edwards.
The Board requested the
land purchase prices be listed in a separate line item.
Vice Chairman Walker,
full consent of the Board, requested Finance Director Edwards
to revise the proposed Capital Budget Ordinance and place the Ordinance
and the land purchase cost
for the Nancy Reynolds Project on the May 11th Action Agenda.
Vice Chairman Walker turned the meeting back over to Chairman Inman.
Appointments
– Stokes County Planning Board
Chairman Inman noted
the following vacancies which were presented at the April 7th
Planning meeting and the April 14th Board of Commissioners’
meeting:
·
Snow Creek Township
·
Beaver Creek Township
·
Big Creek Township
·
Peters Creek Township
Chairman Inman noted that the following were
nominated at the April 14th meeting:
·
Beaver Creek Township – Ted Hairston
·
Big Creek Township – Ronnie Tilley
·
Peters Creek Township – Tommy White
Commissioner Lankford nominated Steven Spencer
to serve from the Snow Creek Township.
Commissioner Lankford moved to appoint the
following to serve on the Stokes County
Planning Board:
·
Beaver Creek Township – Ted Hairston
·
Big Creek Township – Ronnie Tilley
·
Peters Creek Township – Tommy White
Vice Chairman Walker seconded and the motion
carried unanimously.
The Snow Creek
Township appointment can be considered at the April 27th meeting.
GENERAL
GOVERNMENT – GOVERNING BODY – ACTION AGENDA
County
Auction – Declaring Surplus Property – Proposed Resolution
Support Services
Supervisor Danny Stovall submitted the revised proposed Resolution
regarding the upcoming County Auction:
RESOLUTION
STATE OF NORTH CAROLINA
COUNTY OF STOKES
WHEREAS, GS
153A-176 authorizes the County to dispose of real or personal property in
accordance with procedures prescribed in Chapter 160A, Article 12;
WHEREAS, the
County of Stokes has accumulated an excessive amount of unusable personal
property and vehicles and it is in the best interest of the County to dispose
of items listed below by public auction in accordance with GS 160A-270;
Miscellaneous Items:
Tire Changer Wheel Balancer (3) Aluminum Dog Boxes
Minolta Copier Wood Desks Office
Chairs
County Vehicles:
1986
Toyota JT4RN67DOG5016832
1988
Ford 1FABP57U5JA193662
1993
Chevrolet 1GCCS14ZXP8120860
1993
Chevrolet 2FACP71W4PX141013
1993
Ford 2FACP71W4PX141014
1993
Ford Ambulance 1FDKE30MOPHA30413
1994
Ford 2FALP71W4RX143123
1995
Toyota 4TARN93P2SZ321876
1995
Ford 2FALP71W5SX160602
1995
Ford 2FALP71W0SX160605
1995
Ford 2FALP71W6SX160608
1996
Ford 2FALP71W0TX202322
1997
Ford Chassis 1FDKE30F3VHB08990
1998
KIA KNAFB1214W5710592
2001
Ford Chassis 1FDWE35F51HA74121
Impounded Vehicles:
Suzuki Motorcycle No Vin/No Title
1998 Honda 4 Wheeler JH3TE1909WK304340
1966 Chevrolet C1546B142649
1975 Chevrolet CC0145B158848
1978 Chevrolet 1N69U8J191528
1979 Dodge NL41D9F150680
1980 Pontiac 2E7VA7686478
1981 Ford 1FABP35F6BU111348
1982 Buick 1G4AM47A2CH242501
1983 Lincoln 1LNBM81F2JY809173
1987 Datsun 1N6ND06Y6EC350842
1985 QALT 1G1GZ37G9FR134317
1986 Buick 1G4AH19R7GD420731
1986 Chevrolet 1G1AW19R4G6264784
1986 Chevrolet 1G1BN69H7GY181253
1987 Toyota JT2AE86S7H0281506
1987 Chevrolet 1GNCT18R1H0186955
1987 Ford 1FABP40AXHF122058
1987 Nissan JN1HT2117HT045947
1988 Mitsubishi JA7FL24D4JP028559
1988 Mazda JM1BF2227J0176997
1989 Ford 1FTDE14Y6KHA08679
1989 Pontiac 1G2NE14U9KC699144
1989 Nissan JN1HS36P0KW030881
1989 Buick 1G4NJ14N5KM011324
1990 Ford 1FTHS34M9LHA40837
1990 Ford 1FTHS34M9LHA40837
1991 Toyota JT4RN81A1M0060468
1991 Mazda JM2UF3142M0168291
1991 Ford 2FACP72G3MX166246
1992 Mazda JM1HD4613N0127685
1992 Cadillac 1G6CB53B1N4276286
1992 Nissan JN1EJ01F8PT401507
1993 Ford 1FAPP6246PH196833
1993 Nissan 1N4EB32A6PC778664
1994 Pontiac 1G2WJ52M0RF265746
1994 Ford 1FTCR10A2RTA46989
1995 Chevrolet 1G1JC124XS7137077
1995 Chevrolet 1G1LV1540SY268690
1996 Ford 3FASP11J1TR137556
1996 Chevrolet 1G1JC1248T7121851
1997 Ford 1FALP13PLVW162844
2000 Chevrolet 1G1NE52J9Y6162933
2001 Pontiac 1G2JB524117321523
2001 Chevrolet 2C1MR522116709805
NOW, THEREFORE BE IT RESOLVED that the Stokes County Board of Commissioners
declares the above personal property as surplus and is to be sold at public
auction.
AND, BE IT FURTHER RESOLVED that the Stokes County Board of Commissioners
approves
May 16, 2009, at 10:00 a.m., at the Stokes
County Governmental Complex in Danbury as the time and place of said public
auction.
Adopted this the ____ day of
__________ 2009.
___________________________ ___________________________
J. Leon Inman –
Chairman Jimmy
Walker – Vice Chairman
__________________________ ___________________________
Ron Carroll -
Commissioner Ernest
Lankford - Commissioner
___________________________
Stanley Smith -
Commissioners
Attest
______________________________
Darlene Bullins – Clerk
to the Board
Chairman Inman entertained a motion.
Commissioner Carroll moved to approve the submitted Resolution declaring Surplus
Property. Commissioner Lankford seconded and the motion carried unanimously.
Proposed
Resolution – Authorizing the Negotiation of Installment Financing Contract –
School Projects
Chairman Inman requested to be recused from
any discussion or action regarding the
Proposed Resolution – Authorizing the Negotiation of Installment
Financing Contract for School
Projects due to a potential financial conflict.
Chairman Inman turned
the meeting over to Vice Chairman Walker.
Vice Chairman Walker
entertained a motion to allow Chairman Inman to be recused
from any discussion or action regarding the Proposed Resolution –
Authorizing the Negotiation of
Installment Financing Contract for School Projects due to a potential financial
conflict.
Commissioner Smith
moved to recuse Chairman Inman from any discussion or action
regarding the Proposed Resolution – Authorizing the Negotiation of
Installment Financing Contract
for School Projects due to a potential financial conflict. Commissioner Lankford seconded and the
motion carried unanimously.
Chairman Inman excused
himself from the meeting.
County Manager Bryan
Steen noted the information as requested by the Board at the
April 14th meeting from Bond Attorney Don Ubell. Attorney Ubell noted that no deficiency
judgment may be rendered against the County in any action for its
breach of the Contract, and taxing
power of the County is not and may not be pledged in any way directly
or indirectly or contingently
to secure any moneys due under the Contract.
The Board had no
further issues.
Vice Chairman Walker entertained a
motion regarding the following proposed Resolution
regarding the Authorization
to Negotiate Installment Financing for School Projects:
A regular meeting of the
Board of Commissioners of the County of Stokes, North Carolina, was duly held
on April 27, 2009 at 1:30 p.m. in the Commissioner’s
Chambers on the 2nd Floor of the Administration Building located at 1014 Main Street, Danbury, North
Carolina. Chairman Leon Inman presiding.
The following members were
present:
The following members were
absent:
Commissioner
______________moved that the following resolution, copies of which having been
made available to the Board of Commissioners, be adopted:
Resolution of the Board of
Commissioners of the County of Stokes, North Carolina, Authorizing the
Negotiation of an Installment Financing Contract and Providing for Certain
Other Related Matters Thereto
WHEREAS, the
County of Stokes, North Carolina (the “County”) is a validly existing
political subdivision of the State of North Carolina, existing as such under
and by virtue of the Constitution, statutes and laws of the State of North
Carolina (the “State”);
WHEREAS, the
County has the power, pursuant to the General Statutes of North Carolina to
(1) purchase real and personal property, (2) enter into installment
financing contacts in order to finance the purchase of real and personal
property used, or to be used, for public purposes, and (3) grant a security interest
in some or all of the property purchased to secure repayment of the purchase
price;
WHEREAS, the
Board of Commissioners of the County (the “Board of Commissioners”)
determines that it is in the best interest of the County to enter into an
installment financing contract (the “Contract”) with a financial
institution to be determined (the “Bank”)
to provide for the acquisition of land to be used for school purposes and the
acquisition and installation of portable classroom units (the “Project”) and create a
security interest in all or a portion of the property acquired with the
proceeds of the Contract;
WHEREAS, the
County hereby determines that the Project is essential to the County’s proper,
efficient and economic operation and to the general health and welfare of its
inhabitants; that the Project will provide an essential use and will permit the
County to carry out public functions that it is authorized by law to perform;
and that entering into the Contract and Deed of Trust is necessary and expedient
for the County by virtue of the findings presented herein;
WHEREAS, the
County hereby determines that the Contract allows the County to purchase the
Project and finance the acquisition of title thereto at a favorable interest
rate currently available in the financial marketplace and on terms advantageous
to the County;
WHEREAS, the
County hereby determines that the estimated cost of the Project is an amount
not to exceed $2,600,000 and that such cost of the Project exceeds the amount
that can be prudently raised from currently available appropriations,
unappropriated fund balances and non-voted bonds that could be issued by the
County in the current fiscal year pursuant to Article V, Section 4 of the
Constitution of the State;
WHEREAS,
although the cost of the Project pursuant to the Contract is expected to exceed
the cost of the Project pursuant to a bond financing for the same undertaking,
the County hereby determines that the cost of the Project pursuant to the
Contract and Deed of Trust and the obligations of the County thereunder are
preferable to a general obligation bond financing or revenue bond financing for
several reasons, including but not limited to the following: (1) the cost of a
special election necessary to approve a general obligation bond financing, as
required by the laws of the State, would result in the expenditure of
significant funds; and (2) the time required for a general obligation bond
election would cause an unnecessary delay which would thereby decrease the
financial benefits of the Project and (3) no revenues are produced by the
Project so as to permit a revenue bond financing;
WHEREAS, the
County has determined and hereby determines that the estimated cost of the
Project pursuant to the Contract reasonably compares with an estimate of
similar costs under a bond financing for the same undertaking as a result of
the findings delineated in the above preambles;
WHEREAS, the
County does not anticipate a property tax increase to pay installment payments
falling due under the Contract;
WHEREAS, the
sums to fall due under the Contract will be adequate but not excessive for its
proposed purpose;
WHEREAS,
Parker Poe Adams & Bernstein LLP, as special counsel (“Special Counsel”),
will render an opinion to the effect that entering into the Contract and the
transactions contemplated thereby are authorized by law;
WHEREAS, no
deficiency judgment may be rendered against the County in any action for its
breach of the Contract, and the taxing power of the County is not and may not
be pledged in any way directly or indirectly or contingently to secure any
moneys due under the Contract;
WHEREAS, the
County is not in default under any of its debt service obligations;
WHEREAS, the
County’s budget process and Annual Budget Ordinance are in compliance with the
Local Government Budget and Fiscal Control Act, and external auditors have
determined that the County has conformed with generally accepted accounting
principles as applied to governmental units in preparing its Annual Budget
ordinance;
WHEREAS,
past audit reports of the County indicate that its debt management and contract
obligation payment policies have been carried out in strict compliance with the
law, and the County has not been censured by the North Carolina Local
Government Commission (the “LGC”), external auditors or any other
regulatory agencies in connection with such debt management and contract
obligation payment policies;
WHEREAS, a
public hearing on the Contract after publication of a notice with respect to
such public hearing has been held and approval of the LGC with respect to
entering the Contract must be received; and
WHEREAS, the
County hereby determines that all findings, conclusions and determinations of
the County in this Resolution are subject to modification or affirmation after
all interested parties have been afforded the opportunity to present their
comments at a public hearing regarding the execution and delivery of the
Contract and the acquisition of the Project to be financed thereby.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF THE COUNTY OF STOKES, NORTH CAROLINA, AS FOLLOWS:
Section 1. Application
to LGC. That the Finance Officer
or her designee is hereby directed to file with the LGC an application for its
approval of the Contract and all relevant transactions contemplated thereby on
a form prescribed by the LGC and to state in such application such facts and to
attach thereto such exhibits regarding the County and its financial condition
as may be required by the LGC.
Section 2. Professionals. That Parker Poe Adams & Bernstein LLP,
Charlotte, North Carolina, as Special Counsel, is
approved. That DEC Associates,
Inc., Charlotte, North Carolina, as financial advisor, is approved.
Section 3. Repealer. That all motions, orders, resolutions
and parts thereof in conflict herewith are hereby repealed.
Section 4. Effective
Date. That this Resolution is
effective 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, Authorizing the
Negotiation of an Installment Financing Contract and Providing for Certain
Other Related Matters Thereto” was duly
adopted by the following vote:
Ayes:
Nays:
state of North Carolina
) ss:
County of Stokes )
I, Darlene
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
Authorizing the Negotiation of an Installment Financing Contract and Providing
for Certain Other Related Matters Thereto” adopted by the Board of Commissioners of the County of
Stokes, North Carolina at a meeting held on
the 27th day of April, 2009.
WITNESS my hand
and the corporate seal of the County of Stokes, North Carolina, this the 27th
day of April,
2009.
___________________________________
Darlene
Bullins
Clerk
to the Board
County
of Stokes, North Carolina
Commissioner Lankford
moved to approve the submitted proposed
Resolution regarding the
Authorization to
Negotiate Installment Financing for School Projects. Commissioner Carroll
seconded and the
motion carried (4-0) with Chairman Inman being recused from the vote.
Vice Chairman Walker turned the meeting back over to Chairman Inman.
Proposed Red
Flag Identification Theft Policy
Security
of Sensitive and Confidential Information and Breach Response Plan
Finance Director Julia Edwards presented the revised proposed Stokes County Security of
Sensitive and Confidential Information and Breach Response
Plan (Red
Flag Rule) for the Board’s
consideration:
County of Stokes
Administrative Policy
Policy: Security
of Sensitive and Confidential Information and Breach Response Plan
Approved
By: Stokes County
Board of Commissioners
Date
Approved:
REMOVE
DRFT
Effective
Date: 05/01/09
Supersedes:
SECTION 1. Purpose
In accordance with the Federal
Trade Commission’s Fair and Accurate Credit Transactions Act of 2003, the
Identity Protection Act of 2005, North Carolina General Statutes (N.C.G.S)
75-60 of the Identity Theft Protection Act, N.C.G.S 14-113.20 Identity Theft,
and N.C.G.S 132-1.10 of the Public Records Act (together, the “Act”), the
County is required to safeguard certain information of customers, vendors,
employees, and other individuals who provide information to the County that is
covered by the Act. The purpose of this policy is to communicate to employees
and third parties their responsibility for protecting sensitive and
confidential information pursuant to the Act and a response plan in the event
that there is a breach of information subject to the Act.
SECTION 2. Definitions
Sensitive Information –
Information that is identifying information according to the Act and through
contractual obligations related to merchant services (credit card
acceptance). The following are
specifically identified as sensitive information:
1. Social security and employer taxpayer identification
numbers
2. National and international identification
3. Drivers license, State identification card, or
passport numbers
4. Credit card and debit card numbers
5. Savings and checking account numbers
6. Personal Identification (PIN) Code
7. Passwords
8. Electronic identification numbers, electronic mail
names or addresses, internet account numbers, or internet identification names
9. Customer credit information (credit history, pay
arrangements, and financial transactions)
10. Parent’s legal surname prior to marriage
11. Any other numbers or information that can be used to
access a person’s financial resources.
12. Digital signatures
13. Biometric data
14. Fingerprints
15. A persons first name or first initial and last name in
combination with identifying information
Confidential information – Under State
statute (N.C.G.S 132-1), the County also has an obligation to secure and limit
access to other information involving customers and employees. The following are identified as confidential
information, although this is not a complete listing:
- Communication with
legal counsel
- State and local tax
information that contain information about a taxpayer’s income or receipts
except as provided in G.S. 153A-148.1 and G.S. 160A-208.1.
- Public enterprise
billing information (utility customer data)
- Records of criminal
investigations conducted by public law enforcement agencies
- Names, addresses,
telephone numbers, or email addresses that are contained in the 911
database, emergency notification system, or reverse 911 system.
- Emergency response
plans
- Economic development
incentives
Security Breach – A breach is considered to have taken
place if any sensitive or confidential information is suspected to have been
stolen, viewed, copied, or otherwise compromised by an unauthorized individual
or if it is suspected that information has been lost and could be accessed by
unauthorized individual(s). A breach of
information can occur physically or virtually via technology. Access and use of sensitive or confidential
information by an employee or agent of the County for a legitimate purpose is
not a security breach, provided that the sensitive or confidential information
is not used for a purpose other than a lawful purpose and is not subject to
further unauthorized disclosure.
SECTION 3. Responsibilities of Departments
3.1 Each
department will develop and maintain a standard procedure to provide staff with
specific guidance on the protection of sensitive and confidential information
applicable to the department.
Departmental procedures will supplement, but not supersede this policy
or applicable laws.
3.2 Each
department will ensure that service providers who are in contact with sensitive
or confidential information are aware of security requirements, as well as the
need for confidentiality, through proper contractual agreements and
arrangements.
3.3 Department
heads are responsible for determining which employees are authorized to access
and handle sensitive and confidential information and the department head must
ensure that the authorized employees are trained to handle such information in
accordance with this policy.
3.4 All
employees who manage and work with sensitive and confidential information are
required to read and sign the Sensitive Information User Agreement which will
be maintained in the employees personnel file.
3.5 All
third party contractors who may have access to sensitive and confidential
information are required to read and sign the Sensitive Information Service
Agreement which will be maintained with the contract.
SECTION 4. Managing, maintaining, and storing
sensitive and confidential information
4.1 Employees
who have access to sensitive and confidential information are required to
create, handle, maintain, and dispose of such information with prudent care in
order to ensure proper security. Access
to sensitive and confidential information will be limited and only provided in
order for authorized employees and contractual third parties to perform
essential tasks for County business.
4.2 The
following procedures should be followed while creating, handling, maintaining,
storing, and disposing of sensitive information.
1. Enter information directly to a final destination
(i.e. computer system) and refrain from documenting the information in other
areas.
2. If sensitive information is written on paper for
reference, shred immediately upon recording the information in the final
destination.
3. Electronic payment data should be handled by
authorized personnel and only the last 4 digits of the customer’s credit or
debit account number should be visible on reports.
4. Sensitive information should not be included on
e-mails.
5. Sensitive information should not be included on
printed reports except as needed for the performance of essential tasks.
6. Maintain documents that contain sensitive information
in a secured room and limit access to the area.
7. If possible, utilize encryption to secure information
in the database or storage system.
8. Do not leave a computer unattended if sensitive
information could be accessed by unauthorized individuals. While away from the computer, log off or lock
the workstation.
9. Do not store files with sensitive information on
laptops or on flash drives unless the information and the device can be secured
and not accessible to unauthorized individuals.
10. Take reasonable measures when destroying sensitive
data that will prohibit the information from being read or reconstructed. Documents with sensitive data should be
shredded by the individual who has authorized access to the data or by another
employee while in the presence of the authorized employee. The County may enter into a written contract
with a third party in the business of record destruction to destroy sensitive
information in a manner consistent with this policy.
4.3 In
order to protect sensitive and confidential information, the County will only
release sensitive information to the account holder or individual(s) who own
the information upon confirmation of personal identifying information or a
valid picture ID. The confirmed account
holder or individual may authorize the release of sensitive information to a
third party. Confidential information
will only be released in accordance with state statute. The only exception will
be the release of specified information pursuant to a court order, warrant,
subpoena or other requirement by law.
SECTION 5. Identify Theft Risk
5.1 The
County has a responsibility to define high risk areas for identity theft and
identify potential threats for identity theft known under the Act as red
flags. The red flags are indicators that
sensitive information is being fraudulently used. This policy in combination with department
specific guidelines should help to detect a potential for identify theft and
unauthorized use of information.
5.2 The
following are red flags that have been identified as indicators that sensitive
information is being used fraudulently.
Red flags are most commonly associated with activity on customer
accounts (utilities, taxes, activity registrations, vendors). Other red flags may exist that are unique to
a department and should be included in departmental guidelines.
1. The customer or individual provides notice that they
are a victim of identify theft
2. A consumer reporting agency or service provider has
provided an alert, notification, or other warning
3. Unusual number of recent and significant inquiries
4. Unusual or significant change in recently established
credit or financial relationships
5. Conflicting names on identification and other
documentation
6. Documents provided appear to have been altered or
forged
7. Picture identification is not consistent with the appearance
of the individual presenting the identification or the physical description on
the identification does not match
8. Shortly after establishing an account, there is a
request to change a mailing address or to add authorized users to the account
9. Personal identifying information provided is not
consistent with other external information sources
a. Social security number does not match or is listed on
the Social Security Administration’s death master file
b. Address does not match or is fictitious, a mail drop,
or prison
c.
The phone number
is invalid or associated with a pager or answering service
d. Authenticating information (i.e. PIN, password)
provided is incorrect
e.
Name on credit
card or check does not match name on account or names associated with the
account
a. 5.3 Upon
identification of a red flag indicating a potential risk of identify theft;
staff should notify their immediate supervisor in person or by telephone to
determine the validity of the red flag.
Once an identify theft risk is confirmed, staff should respond in
accordance with the breach response plan (Section 6).
SECTION 6. Sensitive and Confidential Information
Breach Response Plan
6.1 Step
1. Identify that a breach of
sensitive or confidential information
has occurred.
Physical
Breach - The following are indications that there has been unauthorized access
to sensitive and confidential information via a physical breach. Other activities may occur that are also
physical breaches that are not included in the listing.
a. Evidence of lock tampering on file cabinets or office
doors
b. Evidence of unauthorized entry in an area where
sensitive and confidential information is stored
c.
Missing files or
documents that contain sensitive information
Technology
Breach - The following are indications that there has been unauthorized access
to sensitive and confidential information via a technology breach. Other
activities may occur that are also technological breaches that are not included
in the listing.
a. Unknown or unauthorized name in the computer logon
window
b. Disconnected computer cables or power cables
c.
Missing computer
equipment (desktop, laptop)
d. Evidence that electronic files have been accessed by
unknown or unauthorized individuals or are missing
e.
Devices or media
attached to the computer that are not known or authorized
f.
Unusual programs
running, icons, or windows that appear that are not known and are not part of
the normal work process
g.
Any other
suspicious activity which indicates an attempt to use technology without
approval
6.2
Step 2. Notify the
appropriate internal and external contacts.
Internal notification – Any County employee who
becomes aware of a suspected or actual security breach must notify their
immediate supervisor. The immediate
supervisor will notify department management who is responsible for further
investigation and notification. If the
breach involves electronic equipment, the Information Systems Manager should be
notified by telephone or in person.
External notification – The County is required to notify
affected individuals of actual security breaches. Each suspected breach will be reviewed by the
County manager’s office, the department where the breach occurred, law
enforcement, and Information Systems (if applicable) to determine the
appropriate action that will include the following:
a. Notify the affected individuals without unreasonable
delay providing information in general terms about the incident, the type of
sensitive information that was subject to the unauthorized access, the actions
that the County will take to protect the information from further access, a
telephone number that the person may call for further information and
assistance, and advice that directs the person to remain vigilant by reviewing
account statements and monitoring free credit reports.
b. Providing affected individuals with information about
how to alert credit agencies to potential fraud and identity theft.
c.
Notice to
affected individuals may be provided by one or more of the following methods:
a. Written notice
b. Electronic notice for those individuals for whom the
County has a valid email address and who have agreed to receive communications
electronically
c.
Telephonic notice
provided the contact is made directly with the affected persons and
appropriately documented by the County.
d. If a security breach involves more than 1,000 persons,
the County will provide written notice of the timing, distribution, and content
of the notice to the Consumer Protection Division of the North Carolina
Attorney General’s Office, as well as to all consumer reporting agencies that
compile and maintain files on consumers on a nationwide basis, as defined in 15
U.S. C. 1681a(p).
e.
Notice may be
delayed if law enforcement informs the County that disclosure of the breach
would impede a criminal investigation or jeopardize national security. Such request by law enforcement must be
documented in writing.
Step
3.
Implement Plan
The County Manager will designate a security breach
response team to investigate and handle the breach until such time that the threat
has ended and affected individuals and agencies are notified.
Technology Breach Response – The Information Systems
division is responsible for the following response upon being notified of a
technology security breach by the Finance Director or County Manager.
a. The Information Systems division will notify computer
users that a technology breach has occurred and the breach response plan is
being implemented
b. The Information Systems division will secure the
computer infrastructure as deemed appropriate which may include but is not
limited to disconnecting network connections to outside locations,
disconnecting servers or any other device on the network until the breach is
isolated.
c.
Information
services will preserve evidence that may be needed by law enforcement for
investigative purposes
6.3
Step 4. Review of
Plan
At
least annually, the County will review all incidents of potential or actual
security breaches and report findings and recommendations to the County Board
of Commissioners..
SENSITIVE INFORMATION USER
AGREEMENT
I have read the Security of Sensitive and Confidential
Information and Breach Response Plan policy for the County of Stokes, North
Carolina and understand how to properly manage, maintain, store, and dispose of
sensitive and confidential information at the County of Stokes, North
Carolina. I will abide by the policy and
will handle sensitive and confidential information with prudent care in order
to ensure proper security of the information.
In the event of a suspected or actual breach of
sensitive and confidential information, I will notify my immediate supervisor
without delay and follow the breach response plan.
I understand that negligent handling or inappropriate
use of the County’s sensitive and confidential information will be subject to
disciplinary action up to and including dismissal and may be criminally and
civilly prosecuted as allowed by law.
I have read, understand, and agree to the conditions
above.
Printed Name of Employee: ____________________________________
Department/Division: ____________________________________
Signature of Employee: ____________________________________
Date Signed: ____________________________________
SENSITIVE INFORMATION SERVICE AGREEMENT
I, __________________________________, an authorized
representative of ______________________________ (“Company”), hereby
acknowledge that I have read and will adhere to the requirements listed below
as they apply to the services procured by the County of Stokes, North Carolina
(“County”).
1. The appointed representative(s) of the Company have
read the County of Stokes, North Carolina administrative policy III.14 Security
of Sensitive and Confidential Information and Breach Response Plan.
2. The Company accepts responsibility for the security of
sensitive and confidential information in their possession.
3. Data can only be used to complete the service as
described by the County for which the Company was engaged to perform.
4. If the Company is providing service that is related to
a key function of the County, the Company must assure business continuity in
the event of a major disruption, disaster, or failure as provided for by
contract.
5. If a security intrusion has been detected, the Company
will notify the County immediately. If
the Company has placed sensitive data on their system and the system has been
breached, the Company will allow their system to be thoroughly reviewed at the
Company’s expense. This review may be
conducted by the County or an appointed representative. In the event the intrusion is related to
credit card numbers, the review may be conducted by a Payment Card Industry
representative and will validate compliance with Payment Card Industry Security
Standards for protecting cardholder data.
Name of Company: _____________________________________
Address: _____________________________________
_____________________________________
Name
of Representative: ____________________________________
Title: ____________________________________
Signature: ____________________________________
Date: _____________________________________
Director Edwards noted
the following had been deleted from the policy:
·
A substitute
notice may be given if the cost of providing the notice exceeds $250,000,
the number of affected persons is greater than
500,000, or the County does not have
the necessary
contact information to notify the individual in any of the aforementioned
manners. A substitute notice will include posting a
notice on the County’s website and
1notifying major statewide media.
The Board had no other
issues with the revised proposed policy.
Chairman Inman
entertained a motion.
Vice Chairman Walker moved to approve the submitted Stokes County Security of Sensitive
and Confidential Information and Breach Response Plan (Red Flag Rule). Commissioner Smith
seconded and the motion carried unanimously.
DSS
Stimulus Funding
Chairman Inman entertained a motion.
Commissioner Lankford moved to approve the
recommendation from DSS Director Spencer
to contract with Vanguard Professional Staffing regarding the DSS
Stimulus Funding for two
Food Stamps workers. Vice
Chairman Walker seconded and the motion carried unanimously.
Proposed
Bids – Construction of New Well for Danbury Water System
Chairman Inman entertained a motion.
Commissioner Lankford
moved to reject all proposed bids for the Construction of a New
Well for the Danbury Water System and re-advertise. Vice Chairman Walker seconded and the
motion carried unanimously.
Job Vacancies
– Health Department
Chairman Inman entertained a motion.
Commissioner Smith
moved to approve the request from Health Director Josh Swift
to fill the Processing Assistant IV and Home Health Public Health Nurse
vacancies. Vice Chairman
Walker seconded and the motion carried unanimously.
Job Vacancies
– EMS and Parks/Public Works
Chairman Inman entertained a motion.
Commissioner Smith
moved to approve the request from County Manager Bryan Steen
to fill the EMS Ambulance Crew full time vacancy and the Public
Buildings Park part time vacancy.
Vice Chairman Walker seconded and carried 4-0 with Commissioner
Lankford requesting further
discussion before the vote.
Commissioner Lankford reiterated the need to
wait to fill the Park part time position until
after the County receives notification of how many summer youths will
be available to work.
Manager Steen noted that the summer youth would not be a good fit
working at the park.
Commissioner Lankford noted that the summer youth included ages 16-24 which
could possibly
work at the Park.
Chairman Inman recalled
the vote.
The motion carried
(4-1) with Commissioner Lankford voting against the motion.
Proposed
Resolution – Opposing the Proposed State Tobacco Tax Increase
Chairman Inman entertained a motion.
Commissioner Lankford
moved to approve the submitted Proposed Resolution – Opposing
the Proposed State Tobacco Tax Increase. 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 discuss matters relating to the location or expansion of industries or other businesses in the County pursuant to G.S. 143-318.11(a)(4).
Commissioner Smith moved to enter into closed
session for the following:
· To discuss matters relating to the location or expansion of industries or other businesses in the County pursuant to G.S. 143-318.11(a)(4).
Vice Chairman Walker seconded and the motion
carried unanimously.
The Board returned to the open session of the April
27th meeting.
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