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
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
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)
Minutes 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
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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
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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
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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
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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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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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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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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
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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
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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.