) STOKES COUNTY GOVERNMENT
COUNTY OF STOKES ) DANBURY, NORTH CAROLINA
) MARCH 1, 2010
The Board of
Commissioners of the County of Stokes, State of North Carolina, met
for a Special Called Meeting to discuss and consider operational
changes for Stokes-Reynolds
Memorial Hospital, Inc. in the Commissioners’ Chambers of the Ronald
Wilson Reagan
Memorial Building (Administration Building) located in Danbury, North
Carolina on Monday,
March 1, 2010 at10:00 am with the following members present:
Chairman Jimmy
Walker
Vice Chairman Ernest
Lankford
Commissioner J.
Leon Inman
Commissioner Ron
Carroll
Commissioner
Stanley Smith
County
Personnel in Attendance:
County
Manager K. Bryan Steen
Clerk
to the Board Darlene Bullins
Finance
Director Julia Edwards
Others
in Attendance:
Special
Legal Counsel John Crill
Chairman Jimmy Walker called the special meeting
to order.
Commissioner Smith delivered the invocation.
Chairman Walker 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 Walker entertained a motion to
approve or amend the March 1, 2010
Agenda.
Commissioner Inman moved to approve the
March 1, 2010 Agenda as presented.
Vice Chairman Lankford seconded and the motion carried unanimously.
Acknowledgement
of Restated Articles of Incorporation
Attorney Crill noted
the following regarding the Restated Articles of Incorporation:
·
Restated Articles of Incorporation were adopted by
the Stokes-Reynolds Memorial Hospital’s Board of Trustees on February 15, 2010
·
Articles were filed on February 24, 2010 at 4:07 pm
in the North Carolina Secretary of State’s office (#C201005500125)
·
Articles were effective at12:00 am on March 1, 2010
·
Restated Articles of Incorporation of Stokes-Reynolds-Memorial
Hospital, Inc. state the corporation shall have one member, which shall be the
County of Stokes
·
The County is now responsible for the hospital
·
The Board of Commissioners can change Restated
Articles of Incorporation
Attorney Crill noted the need for the Board of
Commissioners to acknowledge the
Restated Articles of Incorporation.
Commissioner Carroll proposed the following
sentence be deleted from Item 5:
·
A Trustee may be removed from office by the County
with or without cause
Attorney Crill had no issues with Commissioner
Carroll’s request.
Attorney Crill suggested the Board consider
Commissioner Carroll’s request at their next
regular meeting. Following
approval of any changes by the Board of Commissioners, the Restated
Articles of Incorporation will have to be filed in the Department of
the Secretary of State.
Chairman Walker
directed the Clerk to let the record reflect that the Board of
Commissioners received, reviewed, and discussed the Restated Articles
of Incorporation.
Chairman Walker, with
full consensus of the Board, directed the Clerk to place the
proposed change on the March 8th Commissioners’ Agenda.
Approval of
the Amended and Restated Bylaws of Stokes-Reynolds Memorial Hospital, Inc.
Attorney Crill noted the following regarding
the Amended & Restated Bylaws of
Stokes-Reynolds Memorial Hospital, Inc.:
·
Amended & Restated Bylaws will be approved by
the Board of Commissioners and adopted by the hospital’s Board of Trustees
·
Bylaws can be amended by the Board of Trustees
subject to the prior approval of the Board of Commissioners
·
Bylaws are very similar to the previous Bylaws used by Stokes-Reynolds
Memorial Hospital, Inc. – fairly standard Bylaws
·
Bylaws do not set up any standing committees, Board
can probably handle all of the actions that need to be taken as a Board, if
committees are needed, they can be created
Commissioner Carroll requested the following
Section 10 – Compliance with Law (Article
VII – Meetings of the Board of Trustees) be added to Article IV
(Meetings of the Sole Member)
as Section 8 with the Board of Trustees replaced with the Board of
Commissioners:
·
Compliance
with Law – Notwithstanding any provision herein to the contrary, all official
meetings of the Board of Commissioners shall be called and conducted in
compliance with the North Carolina Open Meetings Law applicable to official
meetings with public bodies
Attorney Crill had no issues with the request
from Commissioner Carroll.
The Board had no issues with Commissioner Carroll’s
request.
Chairman Walker entertained a motion to amend
the Amended and Restated Bylaws of
Stokes- Reynolds Memorial Hospital, Inc.
Commissioner Carroll
moved to amend Article IV by adding a new Section (8) which would
read as follows:
·
Compliance
with Law – Notwithstanding any provision herein to the contrary, all official
meetings of the Board of Commissioners shall be called and conducted in
compliance with the North Carolina Open Meetings Law applicable to official
meetings with public bodies
Vice Chairman Lankford seconded the motion.
Commissioner Inman confirmed with Attorney
Crill that all the changes discussed at the
February 22nd meeting have been incorporated into the
document.
The motion carried
unanimously.
Chairman Walker entertained
a motion to approve the Amended and Restated Bylaws
of Stokes-Reynolds Memorial Hospital, Inc. as amended by the Board of
Commissioners.
Vice Chairman Lankford
moved to approve the Amended and Restated Bylaws of
Stokes-Reynolds Memorial Hospital, Inc. as amended by the Board of
Commissioners.
Commissioner Smith seconded and the motion carried unanimously.
Designation
of Stokes-Reynolds Memorial Hospital, Inc. – Board of Trustees
Attorney Crill noted
with the approval of the Bylaws, the Board of Commissioners
must appoint the members of the Board of Trustees of Stokes-Reynolds
Memorial Hospital, Inc.
Chairman Walker
entertained a motion.
Commissioner Carroll
moved the five elected county commissioners of Stokes County be
appointed as the Board of Trustees of Stokes-Reynolds Memorial
Hospital, Inc. Vice Chairman
Lankford seconded and the motion carried unanimously.
Designation
of Acting Chairman for the Board of Trustees
Attorney Crill noted
that until the Board of Trustees has been seated, adopted the Bylaws,
and elected its officers, the Board of Trustees needs an Acting
Chairman.
Chairman Walker
entertained a motion.
Commissioner Inman
moved to appoint Board of Commissioners’ Chairman Jimmy Walker
to serve as “Acting Chairman”.
Vice Chairman Lankford seconded and the motion carried
unanimously.
Designation
of Acting Secretary for the Board of Trustees
Attorney Crill noted that until the Board of
Trustees has been seated, adopted the Bylaws,
and elected its officers, the Board of Trustees needs an Acting
Secretary to record the minutes of the
meeting. Attorney Crill noted
that the Secretary has to be a Board of Trustee member and may have
functions beyond taking minutes and normally there is an assistant
secretary to actually take the
minutes.
Chairman Walker
entertained a motion.
Commissioner Carroll
moved to designate Clerk to the Board of Darlene Bullins as Acting
Secretary for the Board of Trustees of Stokes-Reynolds Memorial
Hospital, Inc. Commissioner
Inman seconded and the motion carried unanimously.
Approval –
Lease Agreement Between Stokes County and Stokes-Reynolds Memorial Hospital,
Inc.
Attorney Crill noted
the need to document the relationship between the Corporation
and the County by approving a lease agreement between Stokes County and
Stokes-Reynolds
Memorial Hospital, Inc. Attorney
Crill recommended that this lease not be used if any time in the
future, the County leases the hospital to someone other than this
corporation. Attorney Crill noted
the changes requested by the Board of Commissioners have been
incorporated into the document
and the descriptions of the tracts were taken from the previous lease.
Attorney Crill
discussed section 5.12 – Memorandum of Lease - which the County
and the Corporation agree to execute a Memorandum of Lease which will
be recorded in the
Office of the Register of Deeds of Stokes County in lieu of recording
the entire agreement.
Chairman Walker
entertained the motion.
Vice Chairman Lankford
moved to approve the Lease Agreement between the County of
Stokes and Stokes-Reynolds Memorial Hospital, Inc. Commissioner Smith seconded and the
motion carried unanimously.
Attorney Crill
presented the following brief overview of today’s meeting:
·
Received, reviewed, and acknowledged the Restated
Articles of Incorporation
·
Amended and Approved the Amended & Restated
Bylaws of Stokes-Reynolds Memorial Hospital, Inc.
·
Designated the Board of Commissioners serve as
Board of Trustees of Stokes-Reynolds Memorial Hospital. Inc.
·
Designated Chairman Jimmy Walker to serve as Acting
Chairman of the Board of Trustees
·
Designated Clerk to the Board Darlene Bullins to
serve as Acting Secretary of the Board of Trustees
·
Received, reviewed, and approved the Lease Agreement
between County of Stokes and Stokes-Reynolds Memorial Hospital, Inc.
Chairman Walker, on behalf of the Board,
expressed the Board’s appreciation to
Attorney Crill for his assistance.
Adjournment
There being no further business to come before
the Board, Chairman Walker entertained
a motion to adjourn the meeting.
Commissioner Smith moved to adjourn the special
called meeting. Commissioner Inman
seconded and the motion carried unanimously.
_________________________ _____________________________
Darlene M.
Bullins
Jimmy Walker
Clerk to the Board Chairman