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MACON COUNTY BOARD OF COMMISSIONERS

AUGUST 12, 2014


AGENDA

1. Call to order and welcome by Vice-Chairman Beale

2. Announcements

3. Moment of Silence

4. Pledge of Allegiance

5. Public Hearing(s)
(A) 6 p.m. Telecommunication Tower Application from Cellco
Partnership
(B) 6:30 p.m. Telecommunication Tower Application from Tower
Engineering Professionals
NOTE: Consideration of either or both applications would
immediately follow the public hearings.

6. Public Comment Period

7. Adjustments to and approval of the agenda

8. Reports/Presentations
A. 2014 Small Health Department of the Year Award County
Manager
B. NCACC Liability & Property Pools 2013 Safety Award Charlie
Eaton, NCACC Property & Casualty Program Specialist
C. Recognition of Habitat for Humanity Commissioner Beale
D. Historic Preservation Week in Macon County Barbara McRae
E. Region A Update Ryan Sherby

9. Old Business
A. Fox Ridge Project Review Fee Doug Johnson, Macon County
Soil and Water Conservation
B. Revised Lease for Waterwheel Manufacturing, Inc. County
Attorney



10.New Business
A. Purchase of Electronic Health Record Jim Bruckner, Macon
County Public Health Director
B. Consideration of lease agreement with Harmony House Foods,
Inc. EDC Director Tommy Jenkins/County Attorney
C. Consideration of Interlocal Agreement for Recreation with the
Town of Highlands County Manager
D. Endorsement of Sit for 60, Move for 3 Program HR Director
E. Consideration of lease agreements for the Community Care
Clinics in Franklin and Highlands County Attorney
F. Consideration of agreement to provide recreation opportunities
with the Scaly Mountain Historical Society, Inc. County
Attorney

11.Consent Agenda Attachment #11
All items below are considered routine and will be enacted by one motion. No
separate discussion will be held except on request of a member of the Board of
Commissioners.
A. Minutes of the July 8 and July 24, 2014 meetings
B. Budget Amendments #16-20
C. Tax releases
D. Settlement report for Fiscal Year 2013-14 taxes
E. Monthly ad valorem tax collection report
F. Resolution honoring the 100
th
anniversary of Holly Springs
Baptist Church

12.Appointments
A. Ratification of e-mail poll regarding appointments to the
Highlands Tourism Development Commission
B. Commissioner appointment to the Smoky Mountain LME/MCO
County Commissioner Advisory Council

13.Closed session (if necessary)

14. Adjourn/Recess
MACON COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM


MEETING DATE: August 12, 2014

DEPARTMENT/AGENCY: Governing Board/Planning, Permitting
and Development

SUBJECT MATTER: Public hearings on telecommunication tower
applications (2)

DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

(A) At 6 p.m., the board is scheduled for a public hearing on the
telecommunication tower application from Cellco Partnership. The
180 foot monopole tower is proposed for a site off Bud Perry Road,
near Windy Gap Road in the Franklin Township. The subject
property is owned by Todd Mason. The property is located just past
144 Bud Perry Road. A copy of the permit application is attached for
your information, as well as a letter of Determination of No Hazard
to Air Navigation from the Federal Aviation Administration. County
Planner Matt Mason can provide additional information at the
meeting. A hard copy of the site plan will also be available at the
meeting.

(B) At 6:30 p.m., the board is scheduled for a public hearing on the
telecommunication tower application from Tower Engineering
Professionals. The 180 foot monopole tower is proposed for a site at
2533 West Old Murphy Road, in the Cartoogechaye Township. The
subject property is owned by Brian Borchers. A copy of this permit
application is also attached, and Mr. Mason can address any questions
at the meeting. A hard copy of the site plan will be available as well.


COUNTY MANAGERS COMMENTS/RECOMMENDATION:






Attachments ___X__ Yes ___ No

Agenda Item 5A and 5B
MACON COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM


MEETING DATE: August 12, 2014

DEPARTMENT/AGENCY: Macon County Public Health

SUBJECT MATTER: Small Health Department of the Year Award

DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

Macon County Public Health has been honored as the Small Health
Department of the Year by the National Association of County and City
Health Officials (NACCHO). The award was presented at the NACCHO
national conference in Atlanta, GA on July 9
th
. Macon County Public
Health received the award for its successful efforts to enact a tobacco control
ordinance. The County Manager will recognize Public Health Director Jim
Bruckner and his staff for this accomplishment.



COUNTY MANAGERS COMMENTS/RECOMMENDATION:






Attachments ______ Yes _X_ No

Agenda Item 8A
MACON COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM


MEETING DATE: August 12, 2014

DEPARTMENT/AGENCY: Risk Management/Finance

SUBJECT MATTER: NCACC Liability and Property Pools 2013
Safety Award

DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

Macon County has won the North Carolina Association of County
Commissioners (NCACC) Liability and Property Pools 2013 Safety Award
for having the lowest number of auto claims per 100 vehicles in a large
county. In addition, the county now qualifies to be awarded a perennial
plaque indicating five or more years of continuous membership in both the
Liability and Property and Workers Compensation insurance pools. Charlie
Eaton, the NCACCs Property and Casualty Program Specialist, will be here
to present the awards.



COUNTY MANAGERS COMMENTS/RECOMMENDATION:






Attachments ______ Yes _X_ No

Agenda Item 8B
MACON COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM


MEETING DATE: August 12, 2014

DEPARTMENT/AGENCY: Governing Board

SUBJECT MATTER: Macon/Jackson Habitat for Humanity

DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

Commissioner Beale has requested time on the agenda in order to recognize
the efforts of Habitat for Humanity. Macon County/Jackson County Habitat
for Humanity was formed in 1993 and this year will see its 18
th
home
dedicated and construction on the 19
th
to begin this fall.



COUNTY MANAGERS COMMENTS/RECOMMENDATION:






Attachments ______ Yes _X_ No

Agenda Item 8C
MACON COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM


MEETING DATE: August 12, 2014

DEPARTMENT/AGENCY: Governing Board

SUBJECT MATTER: Historic Preservation Week in Macon County

DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

Barbara McRae has requested that the board declare the week of October 4-
10, 2014 as Historic Preservation Week in Macon County, and will be at the
meeting to provide additional information. The draft language of the
proclamation is as follows: We, the Commissioners of Macon County, NC,
wishing to celebrate the historic places of our beautiful mountains, honor
those who have dutifully tended them, and encourage the preservation of the
countys rich history, do hereby declare the Week of October 4-10, 2014,
Historic Preservation Week in Macon County.



COUNTY MANAGERS COMMENTS/RECOMMENDATION:






Attachments ______ Yes _X_ No

Agenda Item 8D
MACON COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM


MEETING DATE: August 12, 2014

DEPARTMENT/AGENCY: Region A

SUBJECT MATTER: An Update

DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

Ryan Sherby, the executive director of the Southwestern Commission, will
provide an update on Region A activities.


COUNTY MANAGERS COMMENTS/RECOMMENDATION:






Attachments ______ Yes _X_ No

Agenda Item 8E
MACON COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM


MEETING DATE: August 12, 2014

DEPARTMENT/AGENCY: Soil and Water Conservation

SUBJECT MATTER: Fox Ridge Project Review Fee

DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

Per Doug Johnson with the Macon Soil and Water Conservation District,
$2,000 was appropriated by the Board of Commissioners at its November
20, 2012 meeting to cover the cost of a project review fee payable to Duke
Energy for the company to review the application for a project aimed at
stabilizing the banks of the Cullasaja River at the Fox Ridge property owned
by the county. (See excerpt from the minutes below.) These funds were to
come from contingency, but were not used during Fiscal Year 2012-2013
and thus expired. Mr. Johnson will be at the meeting to request that the
money be reallocated, and he can provide additional information and answer
questions as needed.

CULLASAJA RIVER STABILIZATION PROJECT: The County Manager described how the
Cullasaja River is severely eroding the bank alongside a county recreation area located near the rivers
confluence with the Little Tennessee River. He went over the details of a planned stabilization project
involving the North Carolina Division of Soil and Water Conservation and the Macon Soil and Water
Conservation District. While grant money is available to fund the project, he said there is a need for $2,000
to obtain the necessary permits from Duke Energy under its Lake Services Fee Schedule. Upon a motion
by Commissioner Beale, seconded by Commissioner Haven, the board voted unanimously to authorize the
County Manager to execute the grant with the soil and water conservation agencies and to authorize the
Finance Director to use $2,000 from contingency to cover the Duke Energy fee.

COUNTY MANAGERS COMMENTS/RECOMMENDATION:




Attachments ______ Yes ___ No

Agenda Item 9A
MACON COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM


MEETING DATE: August 12, 2014

DEPARTMENT/AGENCY: Economic Development/County Attorney

SUBJECT MATTER: Revised Lease for Waterwheel Manufacturing,
Inc.

DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

The County Attorney is preparing a revised lease with Waterwheel
Manufacturing, Inc. for space in the countys Business Development Center.
The board approved the initial lease with the firm at its regular meeting in
July. The County Attorney will provide additional details at the meeting.



COUNTY MANAGERS COMMENTS/RECOMMENDATION:






Attachments ______ Yes _X_ No

Agenda Item 9B
MACON COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM


MEETING DATE: August 12, 2014

DEPARTMENT/AGENCY: Public Health

SUBJECT MATTER: Purchase of Electronic Health Record

DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

Macon County Public Health Director Jim Bruckner will present a
recommendation to proceed with the purchase of the federally mandated
Electronic Health Record (HER). Health center staff members have
researched and evaluated a number of EHRs and have decided on one that
would best fit their needs and the reporting requirements of the state.
Attached please find an overview of the anticipated costs.



COUNTY MANAGERS COMMENTS/RECOMMENDATION:






Attachments ___X__ Yes ___ No

Agenda Item 10A
Electronic Health Record for Macon County Public Health
Patagonia
0 One Time Fee $29,050
0 Annual Maintenance $13,200 (5% increase year 2 & 3 3% per year thereafter)
0 HIE connectivity included
0 3 fax line set-up included
0 1
st
year cost $42,250
0 5 year cost $101,092

MACON COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM


MEETING DATE: August 12, 2014

DEPARTMENT/AGENCY: Economic Development/County Attorney

SUBJECT MATTER: Lease agreement with Harmony House Foods,
Inc.

DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

The County Attorney is preparing a one-year renewal of the lease agreement
with Harmony House Foods, Inc. for space in the countys Business
Development Center, and will have more information to share with you at
the meeting.


COUNTY MANAGERS COMMENTS/RECOMMENDATION:






Attachments ______ Yes _X_ No

Agenda Item 10B
MACON COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM


MEETING DATE: August 12, 2014

DEPARTMENT/AGENCY: Governing Board

SUBJECT MATTER: Interlocal Agreement for recreation with the
Town of Highlands

DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

Attached please find a copy of the Interlocal Agreement with the Town of
Highlands, whereby the county provides $500,000 in funding for
recreational services and programs and the maintenance of certain
recreational facilities in the town and surrounding area as outlined in
Attachment 1 of the agreement. The agreement has been approved by
Highlands.



COUNTY MANAGERS COMMENTS/RECOMMENDATION:






Attachments ___X__ Yes ___ No

Agenda Item 10C
MACON COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM


MEETING DATE: August 12, 2014

DEPARTMENT/AGENCY: Human Resources/Public Health

SUBJECT MATTER: Endorsement of Sit for 60, Move for 3
Program

DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

Please see the attached memorandum for more details.



COUNTY MANAGERS COMMENTS/RECOMMENDATION:






Attachments ___X__ Yes ___ No

Agenda Item 10D

To: Macon County Board of Commissioners
Derek Roland, County Manager

From: Mike Decker
CC: Melissa Leatherman
Date: July 15, 2014
Re: Sit For 60, Move For 3
Message:
On behalf of Melissa Leatherman, the LIFE Program Worksite Wellness Coordinator for
the county, we are requesting that the board consider giving its endorsement to a
program called Sit For 60, Move For 3. The concept is simple. The program would
allow employees who sit for 60 minutes to get up and move for at least three minutes.
It would encourage our workers to get out of the vehicle or off the chair and to briefly
move away from their work station. They could stretch, walk down the hallway or
around the building, or perhaps even exercise.

Research has shown that sitting for long periods of time can increase the risk for
diabetes, heart disease, osteoporosis, high blood pressure and obesity. This would be
an easy yet excellent way for the County Manager and Human Resources to support
employees in being more physically active without any monetary costs or negative
effects on productivity.

Employees are much more likely to participate in these types of programs if they are
aware of the support for them from the highest levels of management, and your backing
of this proposal would go a long way toward that. I am not recommending that we need
this in the form of official policy, but would like to see it added to the list of items from
which employees can earn LIFE points by participating. In this case, Melissa has
suggested that a monthly log of Sit for 60, Move for 3 activities would be worth 10
points. Ultimately, the goal of the program is to improve the health and well-being of
our work force, which directly affects productivity and lowers health insurance costs.

As you are aware, there is a much greater emphasis on employee wellness programs
following the implementation of the Affordable Care Act, and Macon County is blessed
to already have an outstanding one in place. I have heard each of you express your
appreciation for our workers, and would ask that you to reaffirm that support with your
endorsement of this program. If you need more information or have questions, please
contact me at the number below or Melissa at 349-2459.


5 West Main Street
Franklin, NC 28734
(828) 349-2020
(828) 342-1169
mdecker@maconnc.org

MACON COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM


MEETING DATE: August 12, 2014

DEPARTMENT/AGENCY: County Attorney

SUBJECT MATTER: Lease agreements with the Community Care
Clinics in Franklin and Highlands

DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

Please see the attached resolutions and lease agreements prepared by the
County Attorney in regard to the two community care clinics.


COUNTY MANAGERS COMMENTS/RECOMMENDATION:






Attachments ___X__ Yes __ No

Agenda Item 10E
STATE OF NORTH CAROLINA
COUNTY OF MACON
RESOLUTION OF THE MACON COUNTY BOARD OF COUNTY COMMISSIONERS
DECLARING PROPERTY TO BE SURPLUS AND APPROVING A ONE YEAR LEASE
OF THE SAME BY MACON COUNTY TO COMMUNITY CARE CLINIC OF
FRANKLIN, INC., a North Carolina non-profit corporation
THAT WHEREAS, Macon County owns certain real property being described in the Lease
to COMMUNITY CARE CLINIC OF FRANKLIN, INC., a North Carolina non-profit corporation,
a copy of which is attached hereto; and
WHEREAS, Macon County does not presently have a use for all of the same; and
WHEREAS, Macon County desires to declare the same to be surplus and authorize the entry
of the Lease to COMMUNITY CARE CLINIC OF FRANKLIN, INC., a North Carolina non-profit
corporation, a copy of which is attached hereto, for the period of one year effective from November
1, 2014; and
WHEREAS, pursuant to N.C. Gen. Stat. 160A-272, Macon County is authorized to enter
into the Lease to COMMUNITY CARE CLINIC OF FRANKLIN, INC., a North Carolina non-profit
corporation , a copy of which is attached hereto, upon the passing of a Resolution authorizing the
same.
NOW THEREFORE, upon Motion of Commissioner _________________________,
seconded by Commissioner __________________________________, and duly approved, be it
hereby resolved by the Macon County Board of County Commissioners as follows:
RESOLVED, that Macon County does hereby declare the real property described in the Lease
to COMMUNITY CARE CLINIC OF FRANKLIN, INC., a North Carolina non-profit corporation,
a copy of which is attached hereto and incorporated herein by reference, to be surplus property; and
RESOLVED, that Macon County does hereby authorize the entry into the Lease to
COMMUNITY CARE CLINIC OF FRANKLIN, INC., a North Carolina non-profit corporation, a
copy of which is attached hereto and incorporated herein by reference, for the period of one year
effective from November 1, 2014; and
RESOLVED, that Kevin Corbin, the Chairman of the Macon County Commissioners, is
hereby authorized and directed to fill in any blanks upon the same and execute said Lease to
COMMUNITY CARE CLINIC OF FRANKLIN, INC., a North Carolina non-profit corporation, on
1
behalf of Macon County.
Adopted at the August 12, 2014, Regular Meeting of the Macon County Board of
Commissioners.
__________________________________________
Kevin Corbin, Chairman of the Macon County Board
County Commissioners
ATTEST:
_____________________________________
Derek Roland, Clerk to the Board
( Official Seal )
2
NORTH CAROLINA LEASE AGREEMENT
MACON COUNTY
This lease is made this_____day of November, 2014, by and between MACON COUNTY,
a body politic organized and existing under the laws of the State of North Carolina, hereinafter called
the "Lessor," and COMMUNITY CARE CLINIC OF FRANKLIN, INC., a North Carolina
with a principal office at 1830 Lakeside Drive, Franklin, North Carolina,
non-profit corporation
hereinafter called the "Lessee."
WITNESSETH:
1. That subject to the terms and conditions hereinafter set forth, the Lessor leases unto the
Lessee, and the Lessee accepts as a tenant, a portion of that certain office and clinic space
located within the Macon County Public Health Center's Facility located at 1830 Lakeside
Drive, Franklin, North Carolina. The portion of the premises which are leased hereunder to
Lessee consists of the three cubicles and the storage closet in hallway across from waiting
room D148 mutually agreed upon and presently and exclusively used by Lessee in the Macon
County Public Health Centers Facility located at 1830 Lakeside Drive, Franklin, North
Carolina, together with the nonexclusive right to use in common with Lessor and its assigns,
the presently used hallway access to shared clinic waiting room D148, shared waiting room
B154, and parking for and access to the leased premises.
2. TERM. This lease shall commence November 1, 2014, and end on October 31, 2015.
3. PURPOSE. Lessee shall use the leased premises only to maintain an office in order to
provide a reduced-cost primary care medical clinic which shall be open to low income
persons for approximately 36 hours per week on a non-profit basis and in order to further the
public health interests of low income persons and the interest of Macon County in having
reduced-cost primary care medical clinic available to low income persons in Macon County.
4. RENTAL. The rent and consideration for this Lease Agreement shall be $0.00 per month
payable by the tenth of each month and Lessees express promise to at all times during the
term of this Lease Agreement provide a reduced-cost primary care medical clinic which shall
be open to low income persons for approximately 36 hours per week on a non-profit basis
and in order to further the public health interests of low income persons and the interest of
Macon County in having reduced-cost primary care medical clinic available to low income
persons in Macon County. The monthly rental shall include electric service, heat and water
provided by the Lessor. Lessee shall provide any other utilities and specifically its telephone
service and garbage disposal.
5. MAINTENANCE & ALTERATION. Lessee agrees to accept the premises in their present
condition, to make all necessary repairs during the term of this lease and at termination to
surrender the premises to the Lessor in as good condition as they, now are, except for
ordinary wear and tear incident to the use of the premises. Lessee shall not alter the premises
in any way without the express written consent of Lessor.
6. INDEMNIFICATION. Lessee shall indemnify Lessor and hold it harmless from and against
any and all claims, actions, damages, liability and expense in connection with the loss of life,
personal injury or damage to property occurring in or about, or arising out of, the leased
premises, or occasioned wholly or in part by any act or omission of Lessee, its agents,
licensees, concessionaires, customers or employees. In the event Lessor shall be made a party
to any litigation, commenced by or against Lessee, its agents, licensees, concessionaires,
customers or employees, then Lessee shall protect and hold Lessor harmless and shall pay
all costs, expenses and reasonable attorneys' fees incurred or paid by Lessor in connection
with such litigation.
7. HAZARDOUS MATERIALS. With respect to any pollutants, contaminants, chemicals, or
industrial, toxic or hazardous substance or material defined as such in, or for purposes of, all
applicable environmental laws, rules, regulations and ordinances now or hereafter in effect
("Environmental Laws"), including without limitation, any waste constituents coming within
the definition or list of hazardous substances in 40 C.F.R. 261.1 through 261.33
("Hazardous Material"), the Lessee represents, warrants and covenants that it will indemnify
and hold Lessor harmless from and against any and all losses, liabilities, damages, injuries,
interest, deficiencies, fines, penalties, costs, expenses, attorneys' fees, disbursements, and
costs of investigation and clean-up, including without limitation, claims, suits, and
proceedings by federal, state, or local government authorities with respect to, or as a direct
or indirect result of (1) the presence on or under, or the escape, seepage, leakage, spillage,
discharge, emission, discharging or releasing from, the property of any Hazardous Material,
if such occurs during the term of the lease, (2) any other environmental pollution, including
without limitation, any contaminant, waste, irritant or pollutant, discharged into or otherwise
contained in the environment at or adjacent to the property if such occurs during the term of
the lease, (3) non-compliance relating to the Lessee's business or the property with any
Environmental Law or any other federal, state or local statute, law, ordinance, rule,
regulation, order or decree, or (4) the inaccuracy, misrepresentation or violation or default
of or under any matter set forth in this section unless any such loss, liability, damage, injury
or the like is directly caused by negligent acts of the Lessor. In addition, the Lessee shall at
all times keep on file with the Macon County Fire Marshall a list of any of the materials,
substances, or chemicals described in this paragraph and stored or kept on the leased
premises.
IN TESTIMONY WHEREOF, the parties have signed this lease in their respective corporate
names by their appropriate corporate officers and affixed their corporate seals on the date first
written above in duplicate originals, one of which is retained by each of the parties.
LESSOR:
Macon County
(OFFICIAL SEAL) By:_______________________________________
H. Kevin Corbin,
Chairman, Board of Commissioners
ATTEST:
___________________________________
Derek Roland, Clerk to the Board
LESSEE:
Community Care Clinic of Franklin, Inc.
By:__________________________________________
Print Name:
ATTEST:
___________________________________
Secretary
CERTIFICATE OF FINANCE OFFICER:
This instrument has been pre-audited in the manner required by the Local Government
Budget and Fiscal Control Act.
This the day of , 2014.
_______________________________
Macon County Finance Officer
NORTH CAROLINA
MACON COUNTY
I, _________________, a Notary Public, for County, North Carolina,
do hereby certify that ____________________and ____________________, personally appeared
before me this day and acknowledged that they are the ____________________of the Community
Care Clinic of Highlands-Cashiers, Inc. and the Secretary of the Community Care Clinic of
Highlands-Cashiers, Inc., and that by authority duly given and as the act of the Community Care
Clinic of Highlands-Cashiers, Inc. , the foregoing instrument was signed by such ______________of
the Community Care Clinic of Highlands-Cashiers, Inc. , sealed with its corporate seal and attested
by such Secretary of the Community Care Clinic of Highlands-Cashiers, Inc..
WITNESS my hand and official seal, this the _____ day of , 2014.
____________________________________
Official Signature of Notary
(OFFICIAL SEAL) ____________________________________
Notary Publics printed or typed name
My Commission expires: _______________
STATE OF NORTH CAROLINA
MACON COUNTY
I, _________________, a Notary Public, for County, North Carolina,
do hereby certify that H. Kevin Corbin and Derek Roland, personally appeared before me this day
and acknowledged that they are the Chairman of the Macon County Board of Commissioners and
the Clerk to the Macon County Board of Commissioners for Macon County, North Carolina, and that
by authority duly given and as the act of Macon County, North Carolina, the foregoing instrument
was signed by such Chairman of the Macon County Board of Commissioners, sealed with its
corporate seal and attested by such Clerk to the Macon County Board of Commissioners.
WITNESS my hand and official seal, this the _____ day of , 2014.
____________________________________
Official Signature of Notary
(OFFICIAL SEAL) ____________________________________
Notary Publics printed or typed name
My Commission expires: _______________
STATE OF NORTH CAROLINA
COUNTY OF MACON
RESOLUTION OF THE MACON COUNTY BOARD OF COUNTY COMMISSIONERS
DECLARING PROPERTY TO BE SURPLUS AND APPROVING A ONE YEAR LEASE
OF THE SAME BY MACON COUNTY TO COMMUNITY CARE CLINIC OF
HIGHLANDS-CASHIERS, INC., a North Carolina non-profit corporation
THAT WHEREAS, Macon County owns certain real property being described in the Lease
to COMMUNITY CARE CLINIC OF HIGHLANDS-CASHIERS, INC., a North Carolina non-profit
corporation , a copy of which is attached hereto; and
WHEREAS, Macon County does not presently have a use for all of the same; and
WHEREAS, Macon County desires to declare the same to be surplus and authorize the entry
of the Lease to COMMUNITY CARE CLINIC OF HIGHLANDS-CASHIERS, INC., a North
Carolina non-profit corporation, a copy of which is attached hereto, for the period of one year
effective from November 1, 2014; and
WHEREAS, pursuant to N.C. Gen. Stat. 160A-272, Macon County is authorized to enter
into the Lease to COMMUNITY CARE CLINIC OF HIGHLANDS-CASHIERS, INC., a North
Carolina non-profit corporation , a copy of which is attached hereto, upon the passing of a Resolution
authorizing the same.
NOW THEREFORE, upon Motion of Commissioner _________________________,
seconded by Commissioner __________________________________, and duly approved, be it
hereby resolved by the Macon County Board of County Commissioners as follows:
RESOLVED, that Macon County does hereby declare the real property described in the Lease
to COMMUNITY CARE CLINIC OF HIGHLANDS-CASHIERS, INC., a North Carolina non-profit
corporation, a copy of which is attached hereto and incorporated herein by reference, to be surplus
property; and
RESOLVED, that Macon County does hereby authorize the entry into the Lease to
COMMUNITY CARE CLINIC OF HIGHLANDS-CASHIERS, INC., a North Carolina non-profit
corporation, a copy of which is attached hereto and incorporated herein by reference, for the period
of one year effective from November 1, 2014; and
RESOLVED, that Kevin Corbin, the Chairman of the Macon County Commissioners, is
hereby authorized and directed to fill in any blanks upon the same and execute said Lease to
1
COMMUNITY CARE CLINIC OF HIGHLANDS-CASHIERS, INC., a North Carolina non-profit
corporation, on behalf of Macon County.
Adopted at the August 12, 2014, Regular Meeting of the Macon County Board of
Commissioners.
__________________________________________
Kevin Corbin, Chairman of the Macon County Board
County Commissioners
ATTEST:
_____________________________________
Derek Roland, Clerk to the Board
( Official Seal )
2
NORTH CAROLINA LEASE AGREEMENT
MACON COUNTY
This lease is made this_____day of November, 2014, by and between MACON COUNTY,
a body politic organized and existing under the laws of the State of North Carolina, hereinafter called
the "Lessor," and COMMUNITY CARE CLINIC OF HIGHLANDS-CASHIERS, INC., a North
with a principal office at 57 White Owl Lane, Cashiers, NC 28717,
Carolina non-profit corporation
hereinafter called the "Lessee."
WITNESSETH:
1. That subject to the terms and conditions hereinafter set forth, the Lessor leases unto the
Lessee, and the Lessee accepts as a tenant, that certain office and clinic space located on the
lower level of the Macon County Public Health Center's Highlands Facility at Aunt Dora
Lane off Buck Creek Road, Highlands, NC. The portion of the premises which are leased
hereunder to Lessee consists of the space mutually agreed upon and presently and
exclusively used by Lessee in the current storage area on the lower level of the Macon
County Public Health Centers Highlands Facility at Aunt Dora Lane off Buck Creek Road,
Highlands, NC, together with the nonexclusive right to use in common with Lessor and its
assigns, the presently used interview rooms, exam rooms, offices, kitchen/lab/clinical area,
height/weight/shot room and shared waiting, parking for and access to the leased premises.
2. TERM. This lease shall commence November 1, 2014, and end on October 31, 2015.
3. PURPOSE. Lessee shall use the leased premises only to maintain an office in order to
provide a reduced-cost primary care medical clinic which shall be open to low income
persons for approximately 36 hours per week on a non-profit basis and in order to further the
public health interests of low income persons and the interest of Macon County in having
reduced-cost primary care medical clinic available to low income persons in Macon County.
1
4. RENTAL. The rent and consideration for this Lease Agreement shall be $0.00 per month
payable by the tenth of each month and Lessees express promise to at all times during the
term of this Lease Agreement provide a reduced-cost primary care medical clinic which shall
be open to low income persons for approximately 36 hours per week on a non-profit basis
and in order to further the public health interests of low income persons and the interest of
Macon County in having reduced-cost primary care medical clinic available to low income
persons in Macon County. The monthly rental shall include electric service, heat and water
provided by the Lessor. Lessee shall provide any other utilities and specifically its telephone
service and garbage disposal.
5. MAINTENANCE & ALTERATION. Lessee agrees to accept the premises in their present
condition, to make all necessary repairs during the term of this lease and at termination to
surrender the premises to the Lessor in as good condition as they, now are, except for
ordinary wear and tear incident to the use of the premises. Lessee shall not alter the premises
in any way without the express written consent of Lessor.
6. INDEMNIFICATION. Lessee shall indemnify Lessor and hold it harmless from and against
any and all claims, actions, damages, liability and expense in connection with the loss of life,
personal injury or damage to property occurring in or about, or arising out of, the leased
premises, or occasioned wholly or in part by any act or omission of Lessee, its agents,
licensees, concessionaires, customers or employees. In the event Lessor shall be made a party
to any litigation, commenced by or against Lessee, its agents, licensees, concessionaires,
customers or employees, then Lessee shall protect and hold Lessor harmless and shall pay
all costs, expenses and reasonable attorneys' fees incurred or paid by Lessor in connection
with such litigation.
7. HAZARDOUS MATERIALS. With respect to any pollutants, contaminants, chemicals, or
industrial, toxic or hazardous substance or material defined as such in, or for purposes of, all
applicable environmental laws, rules, regulations and ordinances now or hereafter in effect
("Environmental Laws"), including without limitation, any waste constituents coming within
the definition or list of hazardous substances in 40 C.F.R. 261.1 through 261.33
("Hazardous Material"), the Lessee represents, warrants and covenants that it will indemnify
and hold Lessor harmless from and against any and all losses, liabilities, damages, injuries,
interest, deficiencies, fines, penalties, costs, expenses, attorneys' fees, disbursements, and
costs of investigation and clean-up, including without limitation, claims, suits, and
proceedings by federal, state, or local government authorities with respect to, or as a direct
or indirect result of (1) the presence on or under, or the escape, seepage, leakage, spillage,
2
discharge, emission, discharging or releasing from, the property of any Hazardous Material,
if such occurs during the term of the lease, (2) any other environmental pollution, including
without limitation, any contaminant, waste, irritant or pollutant, discharged into or otherwise
contained in the environment at or adjacent to the property if such occurs during the term of
the lease, (3) non-compliance relating to the Lessee's business or the property with any
Environmental Law or any other federal, state or local statute, law, ordinance, rule,
regulation, order or decree, or (4) the inaccuracy, misrepresentation or violation or default
of or under any matter set forth in this section unless any such loss, liability, damage, injury
or the like is directly caused by negligent acts of the Lessor. In addition, the Lessee shall at
all times keep on file with the Macon County Fire Marshall a list of any of the materials,
substances, or chemicals described in this paragraph and stored or kept on the leased
premises.
IN TESTIMONY WHEREOF, the parties have signed this lease in their respective corporate
names by their appropriate corporate officers and affixed their corporate seals on the date first
written above in duplicate originals, one of which is retained by each of the parties.
LESSOR:
Macon County
(OFFICIAL SEAL) By:_______________________________________
H. Kevin Corbin,
Chairman, Board of Commissioners
ATTEST:
___________________________________
Derek Roland, Clerk to the Board
LESSEE:
Community Care Clinic of Highlands-Cashiers, Inc.
By:__________________________________________
Print Name:
ATTEST:
___________________________________
Secretary
3
CERTIFICATE OF FINANCE OFFICER:
This instrument has been pre-audited in the manner required by the Local Government
Budget and Fiscal Control Act.
This the day of , 2014.
_______________________________
Macon County Finance Officer
4
NORTH CAROLINA
MACON COUNTY
I, _________________, a Notary Public, for County, North Carolina,
do hereby certify that ____________________and ____________________, personally appeared
before me this day and acknowledged that they are the ____________________of the Community
Care Clinic of Highlands-Cashiers, Inc. and the Secretary of the Community Care Clinic of
Highlands-Cashiers, Inc., and that by authority duly given and as the act of the Community Care
Clinic of Highlands-Cashiers, Inc. , the foregoing instrument was signed by such ______________of
the Community Care Clinic of Highlands-Cashiers, Inc. , sealed with its corporate seal and attested
by such Secretary of the Community Care Clinic of Highlands-Cashiers, Inc..
WITNESS my hand and official seal, this the _____ day of , 2014.
____________________________________
Official Signature of Notary
(OFFICIAL SEAL) ____________________________________
Notary Publics printed or typed name
My Commission expires: _______________
STATE OF NORTH CAROLINA
MACON COUNTY
I, _________________, a Notary Public, for County, North Carolina,
do hereby certify that H. Kevin Corbin and Derek Roland, personally appeared before me this day
and acknowledged that they are the Chairman of the Macon County Board of Commissioners and
the Clerk to the Macon County Board of Commissioners for Macon County, North Carolina, and that
by authority duly given and as the act of Macon County, North Carolina, the foregoing instrument
was signed by such Chairman of the Macon County Board of Commissioners, sealed with its
corporate seal and attested by such Clerk to the Macon County Board of Commissioners.
WITNESS my hand and official seal, this the _____ day of , 2014.
____________________________________
Official Signature of Notary
(OFFICIAL SEAL) ____________________________________
Notary Publics printed or typed name
My Commission expires: _______________
5
MACON COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM


MEETING DATE: August 12, 2014

DEPARTMENT/AGENCY: County Attorney

SUBJECT MATTER: Agreement to provide recreation opportunities
with the Scaly Mountain Historical Society, Inc.

DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

The County Attorney has prepared the agreement, a copy of which is
attached for the boards consideration.

COUNTY MANAGERS COMMENTS/RECOMMENDATION:






Attachments ___X__ Yes ___ No

Agenda Item 10F
STATE OF NORTH CAROLINA
COUNTY OF MACON
AGREEMENT TO PROVIDE RECREATION OPPORTUNITIES
THIS AGREEMENT made and entered into this the ___ day of August, 2014, by and
between Macon County ( hereinafter County), a North Carolina Body Politic and Corporate, and
Scaly Mountain Historical Society, Inc., ( hereinafter Historical Society), a North Carolina non-
profit corporation.
WITNESSETH:
THAT WHEREAS the State of North Carolina by way of N.C. Gen. Stat. 160A-351 has
established the following as policy for the State of North Carolina concerning recreation:
The lack of adequate recreational programs and facilities is a menace to the morals,
happiness, and welfare of the people of this State. Making available recreational
opportunities for citizens of all ages is a subject of general interest and concern, and
a function requiring appropriate action by both State and local government. The
General Assembly therefore declares that the public good and the general welfare of
the citizens of this State require adequate recreation programs, the creation,
establishment, and operation of parks and recreation programs is a proper
governmental function, and that it is the policy of North Carolina to forever
encourage, foster, and provide these facilities and programs for all of its citizens.
; and
WHEREAS, N.C. Gen. Stat. 160A-352 provides that Recreation means activities that
are diversionary in character and aid in promoting entertainment, pleasure, relaxation, instruction,
and other physical, mental and cultural development and leisure time experiences; and
WHEREAS, pursuant to N.C. Gen. Stat. 153A-444, the County is authorized to establish
parks and provide recreational programs; and
WHEREAS, pursuant to N.C. Gen. Stat. 153A-449, the County is authorized to contract
with and appropriate money to any person, association, or corporation, in order to carry out any
public purpose that the County is authorized by law to engage in; and
WHEREAS, there is a need for recreation opportunities in the Scaly Mountain area of Macon
County, North Carolina; and
1
WHEREAS, Scaly Mountain Historical Society, Inc., ( Historical Society ), does own a
building known as the Old Scaly School House, located at 41 Buck Knob Road, Scaly Mountain,
North Carolina 28775 ( hereinafter referred to as the Old Scaly School House) and does agree with
County as provided for hereinafter for such facility to be used in part for public recreation as that
term is defined by N.C. Gen. Stat. 160A-352 and provide recreational opportunities to the general
public at such location, and County does agree with Historical Society as provided for hereinafter
to appropriate and provide funds to Historical Society in accordance with the provisions of N.C. Gen.
Stat. 153A-449 to carry out the public purpose of providing recreation opportunities to the general
public at the Old Scaly School House.
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS CONTAINED
HEREINAFTER, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
1. That Historical Society shall make the Old Scaly School House, located at 41 Buck Knob
Road, Scaly Mountain, North Carolina 28775, open and available to members of the general
public during reasonable days and hours for recreation as that term is defined by N.C. Gen.
Stat. 160A-352 for the period between July 1, 2014, and the end of June 30, 2015, and it
shall provide recreational opportunities to the general public at such location.
2. The Historical Society shall perform its obligations hereunder in a nondiscriminatory fashion
appropriate for public activity and there shall be no discrimination by it on the basis of race,
sex or religion in its performance of such obligation.
3. County shall pay Historical Society upon the execution of this Agreement the sum of
$___________ for making the Old Scaly School House open and available to members of
the general public during reasonable days and hours for recreation as that term is defined by
N.C. Gen. Stat. 160A-352 for the period between July 1, 2014, and the end of June 30,
2015, and for providing recreational opportunities to the general public.
4. Historical Society shall account to County for its expenditures and uses of the monies
provided by County to Historical Society in accordance with paragraph number three above
and Historical Society shall use such monies only for the public purpose of making the Old
Scaly School House open and available to members of the general public during reasonable
days and hours for recreation as that term is defined by N.C. Gen. Stat. 160A-352 for the
period between July 1, 2014, and the end of June 30, 2014, and for providing recreational
opportunities to the general public.
5. Historical Society shall at all times properly maintain the Old Scaly School House in a
condition for use as a safe place of public recreation.
6. This Agreement shall not be construed to be a lease.
7. Historical Society is an independent contractor.
2
8. Historical Society shall maintain throughout the term of this Agreement property damage
insurance and liability insurance in amounts as will protect it against any and all damages,
liability, loss and claims to the Historical Society, Old Scaly School House, appurtenances
and approaches thereto, in any manner caused directly or indirectly by, arising from, incident
to, or in connection with its use or occupancy of the Old Scaly School House and its
performance of its duties under this Agreement.
9. County may periodically inspect and monitor Historical Societys performance of its
obligations hereunder.
10. The laws of the State of North Carolina shall control and govern this Agreement. Any
controversy or claim arising out of this Agreement shall be settled by action instituted in the
appropriate Division of the General Court of Justice in Macon County, North Carolina.
11. This Agreement may be modified only by written agreement executed by the parties hereto.
IN WITNESS WHEREOF, the parties have made and executed this Agreement the day and
year first above written.
Scaly Mountain Historical Society, Inc.
By:________________________________
President
ATTEST: __________________________
Secretary
( Corporate Seal )
Macon County
By:________________________________
County Manager
PRE-AUDIT CERTIFICATE
This instrument has been pre-audited in the manner required by the Local Government
Budget and Fiscal Control Act.
___________________________________
Macon County Finance Officer
3
MACON COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM


MEETING DATE: August 12, 2014

DEPARTMENT/AGENCY: Governing Board

SUBJECT MATTER: Consent Agenda

DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

A. Minutes Consideration of the minutes from the July 8
th
and July 24
th
meetings,
per attachment 11A.

B. Finance Consideration of Budget Amendments #16 through #20, per
attachment 11B.

C. Tax releases Consideration of tax releases in the amount of $35,839.51, per
Attachment 11C. The supporting documentation is on file in the Deputy Clerks
office.

D. Settlement report for Fiscal Year 2013-14 taxes Please see the attached report
from Tax Collector Margaret Perry, per Attachment 11D, which shows a 97.14
percent collection rate for general and motor vehicle taxes for the previous fiscal
year.

E. Monthly Tax Collection Report For the boards information, the monthly ad
valorem tax collection report is attached as attachment 11E. It does not require
board action.

F. Resolution honoring the 100
th
anniversary of Holly Springs Baptist Church
Please see the attached resolution for more details.

COUNTY MANAGERS COMMENTS/RECOMMENDATION:



Attachments ___X__ Yes ___ No

Agenda Item 11(A) (B) (C) (D) (E) and (F)

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07.08.14
Page 1 of 8






MACON COUNTY BOARD OF COMMISSIONERS
JULY 8, 2014
MINUTES

Chairman Corbin called the meeting to order at 6:02 p.m. All Board Members,
the County Manager, Deputy Clerk, Finance Director, County Attorney,
members of the news media and interested citizens were present.

ANNOUNCEMENTS: Chairman Corbin announced that the excavation work
at the Parker Meadows Recreational Complex had uncovered a single burial
site, and that county officials had contacted the Eastern Band of the Cherokee
in regard to the finding. He said that he, the County Manager, Commissioner
Beale and state Sen. Jim Davis had met with Cherokee officials on this date,
and reported that the meeting went well, that there are several options and
that the project is moving forward. The County Manager said the group had
a positive discussion and that the goal was to reach an agreement and
preserve the relationship with the Eastern Band. We want to be very
respectful of that site, he said. Commissioner Beale commented that the
county has met its obligations and that the state archaeologist will have the
final say in the matter.

MOMENT OF SILENCE: Chairman Corbin asked those in attendance to
observe a moment of silence.

PLEDGE TO THE FLAG: Led by Commissioner Tate, the pledge to the flag was
recited.

PUBLIC HEARING ON COMMUNITY DEVELOPMENT BLOCK GRANT
PROJECT CLOSEOUT: Chairman Corbin opened the public hearing on the
Community Development Block Grant (CDBG) project closeout at 6:07 p.m.,
and pointed out that no one had signed up to speak. He then recognized
Macon County Housing Director John Fay, who provided an overview of the
scattered site housing rehabilitation project (10-C-2124). Mr. Fay first
apologized to the board for having to hold yet another hearing on this issue,
but explained that necessary language required by the state was inadvertently
left out of the public notice for the hearing held on May 13
th
, thus requiring

Minutes
07.08.14
Page 2 of 8

this hearing. Mr. Fay explained once more that seven homes were rehabilitated
with $232,329.67 in grant funding expended. In addition, 19 other homes
received urgent repairs using $38,307.05 in grant funds. Of the $400,000
available, a total of $270,636.72 was spent, with Mr. Fay noting that the
balance of the grant was unused due to a lack of capacity in the Housing
Department to rehabilitate more homes. With no other comments, Chairman
Corbin closed the public hearing at 6:08 p.m. The board accepted Mr. Fays
report by consensus.

PUBLIC COMMENT: Doug Woodward addressed one portion of Senate Bill
786, specifically Section 14. The bill, which was signed into law in June,
allows hydraulic fracturing or fracking to be used for oil and gas exploration
in North Carolina. Mr. Woodward said that Section 14 squelches any local
ordinance regarding fracking, which he said was downright un-American. He
said other counties, notably Orange and Durham, have passed resolutions in
opposition to fracking, and encouraged the board to investigate as thoroughly
as possible the implications of this law, saying that it doesnt belong in the
mountains. Rich Robb addressed a safety concern at the intersection of Ned
Hill Road and Mica City Road in the Cowee community, explaining that there
was no culvert under Mica City Road, forcing all of the water onto the road and
leaving gravel and sand that could cause a motorcyclist to have an accident.
Chairman Corbin said the county will pass this information on to the state
Department of Transportation.


ADJUSTMENTS TO AND APPROVAL OF THE AGENDA: Upon a motion by
Commissioner Beale, seconded by Commissioner Haven, the board voted
unanimously to approve the agenda as adjusted, as follows:

To add consideration of a resolution and lease agreement for space in the
countys Business Development Center as Item 9C under Old Business,
per Economic Development Director Tommy Jenkins.
To add a closed session for the purpose of preserving the attorney/client
privilege as Item 13, per Commissioner Haven. He also asked for time to
address the board under Item 8 (Reports/Presentations).
To add another closed session item for the purpose of preserving the
attorney/client privilege under Item 13, per Commissioner Beale.

NEED FOR ADDITIONAL PHYSICIANS: Commissioner Haven requested time
to address the board regarding what he referred to as a crisis relative to the
need for additional physicians in the county. With the retirement of Dr.
Franks, Commissioner Haven said the county was in dire need for three or
four additional doctors. Chairman Corbin said he had heard similar comments

Minutes
07.08.14
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about the need for primary care physicians, and suggested that the board
could go on record and express its concern to the board for Angel Medical
Center. No action was taken.

ADDITIONAL ANNUAL LEAVE FOR COUNTY EMPLOYEES: The County
Manager requested that the board confirm his plan to provide 16 hours of
additional annual leave to each full-time county employee as a token of
gratitude as discussed during the budget process. Following several questions
by members of the board, and upon a motion by Commissioner Tate, seconded
by Commissioner Beale, the board voted unanimously to approve the plan as
presented.

FENCING BID FOR PARKER MEADOWS RECREATIONAL COMPLEX: The
Finance Director recommended that the board award the bid for fencing at the
Parker Meadows Recreational Complex to A&T Fencing, Inc. of Lavonia, GA in
the amount of $223,719.16 and authorize the County Manager to sign the
contract. A&T Fencing was the lowest of the two bids received on the project,
and a copy of the bid tabulation is attached (Attachment 1) and is hereby made
a part of these minutes. The Finance Director also pointed out that there is an
additional agreement regarding payment, storage and delivery of materials for
the project. This agreement would allow the county to lock in the price, pay
A&T Fencing half of the amount due ($138,615) and have A&T Fencing store
the material at its site until it is time for the fencing to be installed. Following
discussion and questions from the board, upon a motion by Commissioner
Beale, seconded by Commissioner Haven, the board voted unanimously to
approve the Contract for Fencing Between Owner and Contractor as
presented as well as the Agreement for Payment, Storage and Delivery of
Materials as presented. Copies of the contract (Attachment 2) and the
agreement (Attachment 3) are attached and are hereby made a part of these
minutes.

LEASE WITH WATERWHEEL MANUFACTURING, INC.: Economic
Development Director Tommy Jenkins told the board that he was
recommending an agreement prepared by the County Attorney that would lease
approximately 3,700 square feet of space in Unit B in the countys Business
Development Center to Waterwheel Manufacturing, Inc. The lease with the
company, which does waterjet cutting and fabrication, would be for one year
commencing on September 1, 2014 with a monthly rent of $612. Mr. Jenkins
said the company will initially have three employees. He also noted that the
Business Development Center is full. Upon a motion by Commissioner Tate,
seconded by Commissioner Haven, the board voted unanimously to approve a
Resolution of the Macon County Board of County Commissioners Declaring
Property to be Surplus and Approving a One Year Lease of the Same By Macon
County to Waterwheel Manufacturing, Inc.. and a Lease to Waterwheel

Minutes
07.08.14
Page 4 of 8

Manufacturing, Inc., a North Carolina Business Corporation, from Macon
County. A copy of the resolution (Attachment 4) and a copy of the lease
(Attachment 5) are attached and are hereby made a part of these minutes.

RESOLUTION HONORING HAROLD CORBIN AS AN HONORARY HISTORIAN
OF MACON COUNTY: Commissioner Beale read into the record a Resolution
Honoring Harold Corbin as an Honorary Historian of Macon County, and
explained that the resolution honoring the former county commission
chairman would be presented to the Corbin family at the upcoming Franklin
Folk Festival on July 19
th
. Commissioner Beale made a motion to adopt the
resolution as presented, and it was seconded by Commissioner Haven.
Chairman Corbin announced he would abstain from voting, and the motion
passed 4-0. On behalf of the Corbin family, Chairman Corbin thanked the
board for honoring his late father with this designation. A copy of the
resolution is attached (Attachment 6) and is hereby made a part of these
minutes.

RESOLUTION OPPOSING THE DESIGNATION OF ADDITIONAL
WILDERNESS AREAS WITHIN THE NANTAHALA NATIONAL FOREST IN
MACON COUNTY: Jim Gray requested the boards support of a resolution
opposing any additional wilderness/designated areas where no timber
management could occur within U.S. Forest Service lands within Macon
County. He pointed out that some 46 percent of the county is in National
Forest land, and that timber cutting presents a rare situation that benefits
both the forest and the residents. He said that commissioners in Cherokee
and Graham counties have passed similar resolutions, and he offered a
supporting letter from Congressman Mark Meadows as well as a similar
resolution adopted by the Ruffed Grouse Society. Following additional
comments from Mr. Gray and statements from some of the board members,
upon a motion by Commissioner Higdon, seconded by Commissioner Tate, the
board voted unanimously to adopt a Resolution Opposing the Designation of
Additional Wilderness Areas Within the Nantahala National Forest in Macon
County as presented, a copy of which is attached (Attachment 7) and is hereby
made a part of these minutes.

BRIAN JONES WELL ABANDONMENT AGREEMENT: The County Attorney
presented an agreement for the boards consideration regarding the
abandonment of a well near the old Town of Franklin Landfill. He explained
that the agreement would allow the county to close and fill the access to the
well on the property of Brian Jones so that it could no longer be used. The
county agreed years ago to connect properties in the vicinity of the old landfill
to the towns water system due to the possible influence of the landfill upon the
groundwater there, and is trying to bring the project to completion. Upon a
motion by Commissioner Higdon, seconded by Commissioner Tate, the board

Minutes
07.08.14
Page 5 of 8

voted unanimously to approve the agreement as presented, a copy of which is
attached (Attachment 8) and is hereby made a part of these minutes.

AMENDMENTS TO INTERLOCAL AGREEMENT AND RESOLUTION
REGARDING THE VETERANS TRANSPORTATION PROJECT: The County
Attorney offered praise for Macon County Transit Director Kim Angel, who
worked to add Jackson County to the Veterans Transportation Project, joining
Macon, Clay and Cherokee counties and the State of Franklin. Bringing
Jackson into the agreement broadens the geographic area of the project and
effectively lowers the cost for each participating unit, he noted. In asking the
board to consider a resolution regarding Jacksons addition to the project, he
also asked that the commissioners waive any possible conflict of interest on the
County Attorneys part in the process, as he also does legal work for Clay
County. Upon a motion by Commissioner Haven, seconded by Commissioner
Tate, the board voted unanimously to adopt the Resolution Concerning
Approval of the Entry and Execution of the Amendments to the Interlocal
Agreement and Contract Concerning the SoNCVet: Southwestern NC One-Call
One Click Center for Veterans Transportation project, a copy of which is
attached (Attachment 9) and is hereby made a part of these minutes. A copy of
the interlocal agreement and contract (Attachment 10) as well as the letter
waiving the attorneys possible conflict of interest (Attachment 11) are also
attached and hereby made a part of these minutes.

RATIFICATION OF E-MAIL POLL REGARDING CANCELLATION OF DEED
OF TRUST FOR THOMPSONS: The County Attorney asked the board
members to ratify the results of a July 1, 2014 e-mail poll conducted by the
County Attorney in relation to the cancellation of a deed of trust. He explained
that Mr. and Mrs. Raymond Thompson had a deed of trust held by Macon
County stemming from a Scattered Site Housing Program loan. Per the County
Attorney, the eight-year period of loan forgiveness has passed and the
conditions of the promissory note have been met. In fact, he said the deed of
trust should have been cancelled last year. However, he needed to poll the
board because if the Thompsons did not get the deed of trust cancelled by July
7
th
, there were in danger of losing a loan commitment. Upon a motion by
Commissioner Tate, seconded by Commissioner Haven, the board voted
unanimously to ratify the results of the e-mail poll allowing Chairman Corbin
and the County Manager to cancel the deed of trust on behalf of the county
with the understanding that their action on behalf of the county would be
ratified at this meeting. A copy of the Satisfaction of Security Instrument is
attached (Attachment 12) and is hereby made a part of these minutes.


RESOLUTION CHANGING THE DUE DATE OF THE MACON COUNTY ROOM
OCCUPANCY-TOURISM DEVELOPMENT TAX: The Finance Director

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07.08.14
Page 6 of 8

explained that the effect of the resolution is to change the due date for the
payment of the room occupancy and tourism development tax from the 15
th
to
the 20
th
day of each month. She noted this was being done so as to be in
accordance with Session Law 2007-507. Upon a motion by Commissioner
Haven, seconded by Commissioner Tate, the board voted unanimously to adopt
the Resolution Changing the Due Date for the Macon County Room
Occupancy Tourism Development Tax as presented. A copy of the resolution
is attached (Attachment 13) and is hereby made a part of these minutes. The
Finance Director added that notices for the tax would be mailed out during
July along with tax bills.

GRANT PROJECT ORDINANCE AND BUDGET AMENDMENT FOR HOUSING
DEPARTMENT: The Finance Director presented a Grant Project Ordinance for
the Housing Department for the #1521WA Grant, which authorizes
Weatherization Services and HARRP Services administered by the department
in the amount of $158,721. She explained that this is done annually, and in
conjunction with the grant project ordinance, she presented Budget
Amendment #3, which appropriates $30,424 in Department of Energy (DOE)
funds and $44,312 in Heating Appliance Repair and Replacement Program
(HARRP) funds toward the total grant. Upon a motion by Commissioner Beale,
seconded by Commissioner Tate, the board voted unanimously to approve the
grant project ordinance (Attachment 14) and budget amendment (Attachment
15) as presented, copies of which are attached and are hereby made a part of
these minutes.

DESIGNATION OF VOTING DELEGATE TO THE NCACC ANNUAL
CONFERENCE: Upon a motion by Commissioner Tate, seconded by
Commissioner Beale, the board voted unanimously to designate Chairman
Corbin as Macon Countys voting delegate to the North Carolina Association of
County Commissioners (NCACC) annual conference, to be held in Asheville
August 14-17, 2014.

CONTINUATION OF WORK FIRST ELECTING COUNTY STATUS:
Department of Social Services (DSS) Director Jane Kimsey had informed the
board that notification was received from the state late on July 3
rd
that the
commissioners must decide by August 4
th
if Macon would continue to be a
Work First Electing County or discontinue that status. Because the boards
next regular meeting would fall on August 12
th
, she recommended that the
board vote to continue as a Work First Electing County for Federal Fiscal Years
2016-2019. Going on the assumption that the county would continue its
electing status, a proposed Macon County Work First Electing County Plan
would be developed and submitted to the board for approval in September, per
the County Manager. Upon a motion by Commissioner Beale, seconded by

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07.08.14
Page 7 of 8

Commissioner Haven, the board voted unanimously to continue the countys
Work First Electing status as recommended by the DSS Director.

CONSENT AGENDA: Upon a motion by Commissioner Tate, seconded by
Commissioner Beale, the following items on the consent agenda were
unanimously approved: Minutes Approved the minutes from the June 10
and June 16, 2014 meetings. Budget amendments Approved the following
budget amendment: #1 for the Department of Social Services to appropriate
$141 in additional funds from Duke Energy for Project Fans; and #2 for the
Emergency Telephone System Fund to appropriate $544,411 from the
Emergency Telephone System fund balance to purchase a 911 phone controller
for the main site as well as one for the disaster recovery site. This is a
carryover from FY 13-14 as the project was unable to be completed last fiscal
year; (Revisions with corresponding numbers attached.) Tax releases
Approved tax releases in the amount of $41.06 (A computer printout of
releases is on file in the Tax Department and the County Managers office).
Monthly ad valorem tax collection report No action necessary.

APPOINTMENTS: (1) Airport Authority Upon a motion by Commissioner
Tate, seconded by Commissioner Haven, the board voted unanimously to
appoint Richard Rhodes to fill the unexpired term of Harold Corbin on the
Macon County Airport Authority, based on a recommendation from Airport
Authority Chairman Miles Gregory. Chairman Corbin noted that Mr. Rhodes is
an active pilot. (2) Community Advisory Committee for Long Term Care
Upon a recommendation by Larry Reeves, the Long Term Care Ombudsman for
Region A, and upon a motion by Commissioner Beale, seconded by
Commissioner Haven, the board voted unanimously to reappoint Pam
Goldsmith and the Rev. Gene Hawkins to the Community Advisory Committee
for Long Term Care for terms of three years each.

CLOSED SESSION: At 7:09 p.m., upon a motion by Commissioner Haven,
seconded by Commissioner Beale, the board voted unanimously to go into
closed session for the purpose of consulting with the attorney under NCGS
143-318.11(a)(3) on two separate items. At 7:38 p.m., upon a motion by
Commissioner Higdon, seconded by Commissioner Tate, the board voted
unanimously to come out of closed session and return to open session. No
action was taken.






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07.08.14
Page 8 of 8

ADJOURN: With no other business, at 7:38 p.m., upon a motion by
Commissioner Higdon, seconded by Commissioner Tate, the board voted
unanimously to adjourn.



_____________________________ ______________________________
Derek Roland Kevin Corbin
Ex Officio Clerk to the Board Board Chairman









Minutes
07.24.14
Page 1 of 2











MACON COUNTY BOARD OF COMMISSIONERS
CALLED MEETING
JULY 24, 2014
MINUTES

Franklin Mayor Bob Scott called to order the joint meeting with the Town of
Franklin Board of Aldermen and the Town of Highlands Board of
Commissioners at 6:10 p.m. in the town hall boardroom of the Town of
Franklin. All board members (with the exception of Commissioner Tate), the
County Manager, Deputy Clerk and County Attorney were present. All of the
Franklin aldermen (with the exception of Alderman Curtis), Mayor Bob Scott,
Town Manager Summer Woodard and Town Clerk Chad Simons were present.
All of the Highlands commissioners (with the exception of Donnie Calloway and
Brian Stiehler), Mayor Patrick Taylor and Town Manager Bob Frye were
present. Also present were members of the news media.

Chairman Corbin gave the invocation and the officials shared a buffet style
dinner.

Following the meal, Mayor Scott welcomed those in attendance and announced
that there would be a town hall style meeting entitled Focus on Franklin on
July 30
th
aimed at finding out where we are going. The meeting will include a
presentation by Western Carolina Universitys Public Policy Institute. Ms.
Woodard explained that the town was working on the possible expansion of the
towns water treatment plant, and was considering two options a conventional
plan that would update the existing plant or building an entirely new package
plant. Noting that maintenance on the towns sidewalks has fallen behind,
she said she is also looking to obtain grant funding for repairs.

Chairman Corbins remarks centered primarily around the development of the
Parker Meadows Recreational Complex and the impact of finding a burial site
on the property, which may require the planned ball fields to be rotated from
their initial locations. The County Manager also addressed the issues with the
new recreational site, saying that the project remains on schedule and no

Minutes
07.24.14
Page 2 of 2

further delays are anticipated. He also spoke to the possible expansion of the
countys landfill and the need to make adjustments to the countys employee
insurance coverage.

Highlands Mayor Patrick Taylor said that the towns revamped recreation
program, which includes an indoor swimming pool, has fostered the return of
the Highlands Hurricanes, and there are now 46 students on the swim team.
He explained that the town increased property taxes by 1.5-cents for
recreation, with the additional tax to sunset in three years. He also pointed
out that no one spoke in opposition to the tax increase at the public hearing.
In closing, he said that the town is planning some $3-million in infrastructure
improvements, including repairs to the dam and water intake at Lake
Sequoyah and the installation of a six-inch water line along NC 28.

At the request of Mayor Scott, Commissioner Beale shared the plans for a trip
to Macon County on August 14
th
by delegates to the North Carolina Association
of County Commissioners (NCACC) annual conference, which is being held in
Asheville. The itinerary calls for stops in both Franklin and Highlands.

Following comments from the floor, Mayor Scott adjourned the meeting at 7:12
p.m., and Ms. Woodard invited those in attendance to take a walking tour of
historic downtown Franklin, led by Greg Clark of the Macon County Historical
Society.




_____________________________ ______________________________
Derek Roland Kevin Corbin
Ex Officio Clerk to the Board Board Chairman












Whereas the Holly Springs Baptist Church in Franklin, NC was established in August of 1914
and today, August 10, 2014 celebrates its 100
th
Anniversary, and

Whereas, the Holly Springs Baptist Church has served this community and Macon County
continually for a CENTURY, and been a church that has been a faithful leader in the religious
community of Macon County, and

Whereas, Holly Springs Baptist Church has made significant spiritual and material
contributions to our area for this period of 100 years, and has grown from a congregation of
several dozen to a membership of several hundred that continues to grow, and

Whereas, Holly Springs Baptist Church continues faithful service today into the next
CENTURY, and continues to serve the many of the spiritual and material needs in the County,
THEREFORE LET IT BE RESOLVED:

That the Macon County Board of Commissioners commend and congratulate the
church as well as its past and current membership, leadership, deacons, and pastors for their
significant contribution to the continued physical and spiritual wellbeing of our County, this day
August 10, 2014.

______________________________ __________________________
Kevin Corbin, Chairman of the Board Derek Roland, County Manager
MACON COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM


MEETING DATE: August 12, 2014

DEPARTMENT/AGENCY: Governing Board

SUBJECT MATTER: Appointments

DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

(A) Highlands Tourism Development Commission Request that the
board ratify the e-mail poll taken on July 10, 2014 appointing Rick
Siegel as the Town of Highlands representative on the Highlands
Tourism Development Commission (TDC) and to reappoint
Wolfgang Green as the at-large representative to the TDC. Terms of
appointment are for three years.
(B) Smoky Mountain LME/MCO County Commissioner Advisory
Council Ryon Barber has requested that the board appoint one of
its members to the Smoky Mountain LME/MCO County
Commissioner Advisory Council. There is a kick-off meeting of the
council as part of the NCACC annual conference on Saturday, August
16
th
from 11:30 a.m. to 2 p.m. at the Renaissance Hotel in Asheville.



COUNTY MANAGERS COMMENTS/RECOMMENDATION:




Attachments ___ Yes _X No

Agenda Item 12(A) and (B)

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