press packet for 08-12-2014 commissioners meeting

8/12/2019 Press Packet for 08-12-2014 Commissioners Meeting

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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 TowerEngineering Professionals

NOTE: Consideration of either or both applications wouldimmediately follow the public hearings.

6.

Public Comment Period

7.

Adjustments to and approval of the agenda

8.

Reports/PresentationsA.

2014 Small Health Department of the Year Award CountyManager

B. NCACC Liability & Property Pools 2013 Safety Award CharlieEaton, NCACC Property & Casualty Program Specialist

C.

Recognition of Habitat for HumanityCommissioner BealeD.

Historic Preservation Week in Macon CountyBarbara McRaeE.

Region A UpdateRyan Sherby

9.

Old BusinessA.

Fox Ridge Project Review Fee Doug Johnson, Macon County

Soil and Water ConservationB.

Revised Lease for Waterwheel Manufacturing, Inc. CountyAttorney


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10.New Business

A.

Purchase of Electronic Health RecordJim Bruckner, MaconCounty Public Health Director

B.

Consideration of lease agreement with Harmony House Foods,

Inc.EDC Director Tommy Jenkins/County AttorneyC. Consideration of Interlocal Agreement for Recreation with the

Town of HighlandsCounty ManagerD.

Endorsement of Sit for 60, Move for 3 Program HR DirectorE.

Consideration of lease agreements for the Community CareClinics in Franklin and HighlandsCounty Attorney

F.

Consideration of agreement to provide recreation opportunitieswith the Scaly Mountain Historical Society, Inc. CountyAttorney

11.Consent AgendaAttachment #11

All items below are considered routine and will be enacted by one motion. Noseparate discussion will be held except on request of a member of the Board ofCommissioners.

A.

Minutes of the July 8 and July 24, 2014 meetingsB.

Budget Amendments #16-20C.

Tax releasesD.

Settlement report for Fiscal Year 2013-14 taxesE.

Monthly ad valorem tax collection reportF.

Resolution honoring the 100th anniversary of Holly Springs

Baptist Church

12.AppointmentsA.

Ratification of e-mail poll regarding appointments to theHighlands Tourism Development Commission

B.

Commissioner appointment to the Smoky Mountain LME/MCOCounty Commissioner Advisory Council

13.Closed session (if necessary)

14.

Adjourn/Recess


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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 thetelecommunication 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 Hazardto Air Navigation from the Federal Aviation Administration. County

Planner Matt Mason can provide additional information at themeeting. 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 thetelecommunication tower application from Tower Engineering

Professionals. The 180 foot monopole tower is proposed for a site at2533 West Old Murphy Road, in the Cartoogechaye Township. The

subject property is owned by Brian Borchers. A copy of this permitapplication 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:


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Attachments ___X__ Yes ___ No

Agenda Item 5A and 5B


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AGENDA ITEM


DEPARTMENT/AGENCY: Macon County Public Health

SUBJECT MATTER: Small Health Department of the Year Award


Macon County Public Health has been honored as the Small HealthDepartment of the Year by the National Association of County and City

Health Officials (NACCHO). The award was presented at the NACCHOnational conference in Atlanta, GA on July 9 th. Macon County Public

Health received the award for its successful efforts to enact a tobacco controlordinance. The County Manager will recognize Public Health Director Jim

Bruckner and his staff for this accomplishment.


Attachments ______ Yes _X_ No

Agenda Item 8A


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AGENDA ITEM


DEPARTMENT/AGENCY: Risk Management/Finance

SUBJECT MATTER: NCACC Liability and Property Pools 2013

Safety Award


Macon County has won the North Carolina Association of County

Commissioners (NCACC) Liability and Property Pools 2013 Safety Awardfor having the lowest number of auto claims per 100 vehicles in a large

county. In addition, the county now qualifies to be awarded a perennialplaque 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.



Agenda Item 8B


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AGENDA ITEM


DEPARTMENT/AGENCY: Governing Board

SUBJECT MATTER: Macon/Jackson Habitat for Humanity


Commissioner Beale has requested time on the agenda in order to recognizethe efforts of Habitat for Humanity. Macon County/Jackson County Habitat

for Humanity was formed in 1993 and this year will see its 18 th homededicated and construction on the 19thto begin this fall.



Agenda Item 8C


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AGENDA ITEM



SUBJECT MATTER: Historic Preservation Week in Macon County


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 theproclamation is as follows: We, the Commissioners of Macon County, NC,

wishing to celebrate the historic places of our beautiful mountains, honorthose 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.



Agenda Item 8D


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AGENDA ITEM


DEPARTMENT/AGENCY: Region A

SUBJECT MATTER: An Update


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



Agenda Item 8E


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AGENDA ITEM


DEPARTMENT/AGENCY: Economic Development/County Attorney

SUBJECT MATTER: Revised Lease for Waterwheel Manufacturing,

Inc.


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.



Agenda Item 9B


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AGENDA ITEM


DEPARTMENT/AGENCY: Public Health

SUBJECT MATTER: Purchase of Electronic Health Record


Macon County Public Health Director Jim Bruckner will present arecommendation to proceed with the purchase of the federally mandated

Electronic Health Record (HER). Health center staff members haveresearched 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.



Agenda Item 10A


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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

1styear cost $42,250

0 5 year cost $101,092


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AGENDA ITEM


DEPARTMENT/AGENCY: Economic Development/County Attorney

SUBJECT MATTER: Lease agreement with Harmony House Foods,

Inc.


The County Attorney is preparing a one-year renewal of the lease agreement

with Harmony House Foods, Inc. for space in the countys BusinessDevelopment Center, and will have more information to share with you at

the meeting.



Agenda Item 10B


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AGENDA ITEM



SUBJECT MATTER: Interlocal Agreement for recreation with the

Town of Highlands


Attached please find a copy of the Interlocal Agreement with the Town ofHighlands, whereby the county provides $500,000 in funding forrecreational services and programs and the maintenance of certainrecreational facilities in the town and surrounding area as outlined inAttachment 1 of the agreement. The agreement has been approved byHighlands.



Agenda Item 10C


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AGENDA ITEM


DEPARTMENT/AGENCY: Human Resources/Public Health

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

Program


Please see the attached memorandum for more details.



Agenda Item 10D


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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 fromwhich 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


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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

[email protected]
mailto:[email protected]:[email protected]:[email protected]


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AGENDA ITEM


DEPARTMENT/AGENCY: County Attorney

SUBJECT MATTER: Lease agreements with the Community Care

Clinics in Franklin and Highlands


Please see the attached resolutions and lease agreements prepared by the

County Attorney in regard to the two community care clinics.


Attachments ___X__ Yes __ No

Agenda Item 10E


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STATE OF NORTH CAROLINA

COUNTY OF MACON

RESOLUTION OF THE MACON COUNTY BOARD OF COUNTY COMMISSIONERSDECLARING 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

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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 )

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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 Carolinawith 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 Lessorleases 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

Lesseeconsists of the three cubicles and the storage closet in hallway across from waitingroom D148 mutually agreed upon and presently and exclusively used by Lesseein 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 Lessorand 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 toprovide 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


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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. Lesseeshall 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. Lesseeshall indemnify Lessorand 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 Lesseeshall protect and hold Lessorharmless and shall pay

all costs, expenses and reasonable attorneys' fees incurred or paid by Lessorin 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 Lesseerepresents, warrants and covenants that it will indemnify

and hold Lessorharmless 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, andproceedings 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


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the lease, (3) non-compliance relating to the Lessee'sbusiness 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, theLesseeshall 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:

___________________________________


LESSEE:

Community Care Clinic of Franklin, Inc.

By:__________________________________________

Print Name:

ATTEST:

___________________________________

Secretary


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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


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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 CommunityCare 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: _______________


MACON COUNTY


do hereby certify that H. Kevin Corbin and Derek Roland, personally appeared before me this dayand 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.


____________________________________

Official Signature of Notary

(OFFICIAL SEAL) ____________________________________




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COUNTY OF MACON

RESOLUTION OF THE MACON COUNTY BOARD OF COUNTY COMMISSIONERSDECLARING 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

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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:

_____________________________________


( Official Seal )

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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 Northwith 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 Lessorleases 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 andexclusively 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 Lessorand 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 toprovide 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.

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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 basisand 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. Lesseeshall 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 premisesin any way without the express written consent of Lessor.

6. INDEMNIFICATION. Lesseeshall indemnify Lessorand 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 Lesseeshall protect and hold Lessorharmless and shall pay

all costs, expenses and reasonable attorneys' fees incurred or paid by Lessorin 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 Lesseerepresents, warrants and covenants that it will indemnify

and hold Lessorharmless 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,

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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'sbusiness 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, theLesseeshall 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:

___________________________________


LESSEE:

Community Care Clinic of Highlands-Cashiers, Inc.

By:__________________________________________

Print Name:ATTEST:

___________________________________

Secretary

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CERTIFICATE OF FINANCE OFFICER:



This the day of , 2014.

_______________________________


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NORTH CAROLINA

MACON COUNTY


do hereby certify that ____________________and ____________________, personally appeared

before me this day and acknowledged that they are the ____________________of the CommunityCare 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..


____________________________________

Official Signature of Notary(OFFICIAL SEAL) ____________________________________




MACON COUNTY


do hereby certify that H. Kevin Corbin and Derek Roland, personally appeared before me this dayand 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.


____________________________________

Official Signature of Notary

(OFFICIAL SEAL) ____________________________________



5


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AGENDA ITEM


DEPARTMENT/AGENCY: County Attorney

SUBJECT MATTER: Agreement to provide recreation opportunities

with the Scaly Mountain Historical Society, Inc.


The County Attorney has prepared the agreement, a copy of which is

attached for the boards consideration.



Agenda Item 10F


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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

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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 hereinafterto 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 itshall 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.

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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 andyear first above written.

Scaly Mountain Historical Society, Inc.

By:________________________________

President

ATTEST: __________________________

Secretary

( Corporate Seal )

Macon County

By:________________________________

County Manager

PRE-AUDIT CERTIFICATE



___________________________________


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AGENDA ITEM



SUBJECT MATTER: Consent Agenda


A. MinutesConsideration of the minutes from the July 8thand July 24thmeetings,

per attachment 11A.

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

C. Tax releases Consideration of tax releases in the amount of $35,839.51, perAttachment 11C. The supporting documentation is on file in the Deputy Clerksoffice.

D. Settlement report for Fiscal Year 2013-14 taxesPlease see the attached reportfrom Tax Collector Margaret Perry, per Attachment 11D, which shows a 97.14

percent collection rate for general and motor vehicle taxes for the previous fiscalyear.

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

F. Resolution honoring the 100th

anniversary of Holly Springs Baptist Church Please see the attached resolution for more details.



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


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MACON COUNTY BOARD OF COMMISSIONERSJULY 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 workat the Parker Meadows Recreational Complex had uncovered a single burialsite, and that county officials had contacted the Eastern Band of the Cherokeein regard to the finding. He said that he, the County Manager, CommissionerBeale 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 andthat the project is moving forward. The County Manager said the group hada positive discussion and that the goal was to reach an agreement andpreserve the relationship with the Eastern Band. We want to be veryrespectful of that site, he said. Commissioner Beale commented that the

county has met its obligations and that the state archaeologist will have thefinal say in the matter.

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

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

PUBLIC HEARING ON COMMUNITY DEVELOPMENT BLOCK GRANTPROJECT 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 recognizedMacon County Housing Director John Fay, who provided an overview of thescattered site housing rehabilitation project (10-C-2124). Mr. Fay firstapologized to the board for having to hold yet another hearing on this issue,but explained that necessary language required by the state was inadvertentlyleft 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 rehabilitatedwith $232,329.67 in grant funding expended. In addition, 19 other homesreceived urgent repairs using $38,307.05 in grant funds. Of the $400,000available, a total of $270,636.72 was spent, with Mr. Fay noting that thebalance of the grant was unused due to a lack of capacity in the Housing

Department to rehabilitate more homes. With no other comments, ChairmanCorbin closed the public hearing at 6:08 p.m. The board accepted Mr. Faysreport by consensus.

PUBLIC COMMENT: Doug Woodward addressed one portion of Senate Bill786, specifically Section 14. The bill, which was signed into law in June,allows hydraulic fracturing or fracking to be used for oil and gas explorationin North Carolina. Mr. Woodward said that Section 14 squelches any localordinance regarding fracking, which he said was downright un-American. Hesaid other counties, notably Orange and Durham, have passed resolutions inopposition to fracking, and encouraged the board to investigate as thoroughly

as possible the implications of this law, saying that it doesnt belong in themountains. Rich Robb addressed a safety concern at the intersection of NedHill Road and Mica City Road in the Cowee community, explaining that therewas no culvert under Mica City Road, forcing all of the water onto the road andleaving gravel and sand that could cause a motorcyclist to have an accident.Chairman Corbin said the county will pass this information on to the stateDepartment of Transportation.

ADJUSTMENTS TO AND APPROVAL OF THE AGENDA: Upon a motion byCommissioner 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 thecountys Business Development Center as Item 9Cunder Old Business,per Economic Development Director Tommy Jenkins.

To add a closed session for the purpose of preserving the attorney/clientprivilege as Item 13, per Commissioner Haven. He also asked for time toaddress the board under Item 8 (Reports/Presentations).

To add another closed session item for the purpose of preserving theattorney/client privilege under Item 13, per Commissioner Beale.

NEED FOR ADDITIONAL PHYSICIANS: Commissioner Haven requested timeto address the board regarding what he referred to as a crisis relative to theneed 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 boardcould go on record and express its concern to the board for Angel MedicalCenter. No action was taken.

ADDITIONAL ANNUAL LEAVE FOR COUNTY EMPLOYEES: The County

Manager requested that the board confirm his plan to provide 16 hours ofadditional annual leave to each full-time county employee as a token ofgratitude as discussed during the budget process. Following several questionsby members of the board, and upon a motion by Commissioner Tate, secondedby Commissioner Beale, the board voted unanimously to approve the plan aspresented.

FENCING BID FOR PARKER MEADOWS RECREATIONAL COMPLEX: TheFinance Director recommended that the board award the bid for fencing at theParker Meadows Recreational Complex to A&T Fencing, Inc. of Lavonia, GA inthe 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 madea part of these minutes. The Finance Director also pointed out that there is anadditional agreement regarding payment, storage and delivery of materials forthe project. This agreement would allow the county to lock in the price, payA&T Fencing half of the amount due ($138,615) and have A&T Fencing storethe material at its site until it is time for the fencing to be installed. Followingdiscussion and questions from the board, upon a motion by CommissionerBeale, seconded by Commissioner Haven, the board voted unanimously toapprove the Contract for Fencing Between Owner and Contractor aspresented as well as the Agreement for Payment, Storage and Delivery of

Materials as presented. Copies of the contract (Attachment 2) and theagreement (Attachment 3) are attached and are hereby made a part of theseminutes.

LEASE WITH WATERWHEEL MANUFACTURING, INC.: EconomicDevelopment Director Tommy Jenkins told the board that he wasrecommending an agreement prepared by the County Attorney that would leaseapproximately 3,700 square feet of space in Unit B in the countys BusinessDevelopment Center to Waterwheel Manufacturing, Inc. The lease with thecompany, which does waterjet cutting and fabrication, would be for one yearcommencing on September 1, 2014 with a monthly rent of $612. Mr. Jenkins

said the company will initially have three employees. He also noted that theBusiness Development Center is full. Upon a motion by Commissioner Tate,seconded by Commissioner Haven, the board voted unanimously to approve aResolution of the Macon County Board of County Commissioners DeclaringProperty to be Surplus and Approving a One Year Lease of the Same By MaconCounty to Waterwheel Manufacturing, Inc.. and a Lease to Waterwheel


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Manufacturing, Inc., a North Carolina Business Corporation, from MaconCounty. 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 ResolutionHonoring Harold Corbin as an Honorary Historian of Macon County, andexplained that the resolution honoring the former county commissionchairman would be presented to the Corbin family at the upcoming FranklinFolk Festival on July 19th. Commissioner Beale made a motion to adopt theresolution as presented, and it was seconded by Commissioner Haven.Chairman Corbin announced he would abstain from voting, and the motionpassed 4-0. On behalf of the Corbin family, Chairman Corbin thanked theboard for honoring his late father with this designation. A copy of theresolution is attached (Attachment 6) and is hereby made a part of theseminutes.

RESOLUTION OPPOSING THE DESIGNATION OF ADDITIONALWILDERNESS AREAS WITHIN THE NANTAHALA NATIONAL FOREST INMACON COUNTY: Jim Gray requested the boards support of a resolution

opposing any additional wilderness/designated areas where no timbermanagement could occur within U.S. Forest Service lands within MaconCounty. He pointed out that some 46 percent of the county is in NationalForest land, and that timber cutting presents a rare situation that benefitsboth the forest and the residents. He said that commissioners in Cherokeeand Graham counties have passed similar resolutions, and he offered asupporting letter from Congressman Mark Meadows as well as a similar

resolution adopted by the Ruffed Grouse Society. Following additionalcomments from Mr. Gray and statements from some of the board members,upon a motion by Commissioner Higdon, seconded by Commissioner Tate, theboard voted unanimously to adopt a Resolution Opposing the Designation of

Additional Wilderness Areas Within the Nantahala National Forest in MaconCounty as presented, a copy of which is attached (Attachment 7) and is herebymade a part of these minutes.

BRIAN JONES WELL ABANDONMENT AGREEMENT: The County Attorneypresented an agreement for the boards consideration regarding theabandonment 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 thewell on the property of Brian Jones so that it could no longer be used. Thecounty agreed years ago to connect properties in the vicinity of the old landfillto the towns water system due to the possible influence of the landfill upon thegroundwater there, and is trying to bring the project to completion. Upon amotion 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 isattached (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, whoworked to add Jackson County to the Veterans Transportation Project, joiningMacon, Clay and Cherokee counties and the State of Franklin. BringingJackson into the agreement broadens the geographic area of the project andeffectively lowers the cost for each participating unit, he noted. In asking theboard to consider a resolution regarding Jacksons addition to the project, healso asked that the commissioners waive any possible conflict of interest on theCounty Attorneys part in the process, as he also does legal work for ClayCounty. Upon a motion by Commissioner Haven, seconded by CommissionerTate, the board voted unanimously to adopt the Resolution ConcerningApproval of the Entry and Execution of the Amendments to the Interlocal

Agreement and Contract Concerning the SoNCVet: Southwestern NC One-CallOne Click Center for Veterans Transportation project, a copy of which isattached (Attachment 9) and is hereby made a part of these minutes. A copy ofthe interlocal agreement and contract (Attachment 10) as well as the letterwaiving the attorneys possible conflict of interest (Attachment 11) are alsoattached and hereby made a part of these minutes.

RATIFICATION OF E-MAIL POLL REGARDING CANCELLATION OF DEEDOF TRUST FOR THOMPSONS: The County Attorney asked the boardmembers to ratify the results of a July 1, 2014 e-mail poll conducted by theCounty 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 MaconCounty stemming from a Scattered Site Housing Program loan. Per the CountyAttorney, the eight-year period of loan forgiveness has passed and theconditions of the promissory note have been met. In fact, he said the deed oftrust should have been cancelled last year. However, he needed to poll theboard because if the Thompsons did not get the deed of trust cancelled by July7th, there were in danger of losing a loan commitment. Upon a motion byCommissioner Tate, seconded by Commissioner Haven, the board votedunanimously to ratify the results of the e-mail poll allowing Chairman Corbinand the County Manager to cancel the deed of trust on behalf of the countywith the understanding that their action on behalf of the county would be

ratified at this meeting. A copy of the Satisfaction of Security Instrument isattached (Attachment 12) and is hereby made a part of these minutes.

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


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explained that the effect of the resolution is to change the due date for thepayment of the room occupancy and tourism development tax from the 15 thtothe 20th day of each month. She noted this was being done so as to be inaccordance with Session Law 2007-507. Upon a motion by CommissionerHaven, seconded by Commissioner Tate, the board voted unanimously to adopt

the Resolution Changing the Due Date for the Macon County RoomOccupancyTourism Development Tax as presented. A copy of the resolutionis attached (Attachment 13) and is hereby made a part of these minutes. TheFinance Director added that notices for the tax would be mailed out duringJuly along with tax bills.

GRANT PROJECT ORDINANCE AND BUDGET AMENDMENT FOR HOUSINGDEPARTMENT: The Finance Director presented a Grant Project Ordinance forthe Housing Department for the #1521WA Grant, which authorizesWeatherization Services and HARRP Services administered by the departmentin the amount of $158,721. She explained that this is done annually, and in

conjunction with the grant project ordinance, she presented BudgetAmendment #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 thegrant project ordinance (Attachment 14) and budget amendment (Attachment15) as presented, copies of which are attached and are hereby made a part ofthese minutes.

DESIGNATION OF VOTING DELEGATE TO THE NCACC ANNUALCONFERENCE: Upon a motion by Commissioner Tate, seconded by

Commissioner Beale, the board voted unanimously to designate ChairmanCorbin as Macon Countys voting delegate to the North Carolina Association ofCounty Commissioners (NCACC) annual conference, to be held in AshevilleAugust 14-17, 2014.

CONTINUATION OF WORK FIRST ELECTING COUNTY STATUS:

Department of Social Services (DSS) Director Jane Kimsey had informed theboard that notification was received from the state late on July 3rd that thecommissioners must decide by August 4th if Macon would continue to be aWork First Electing County or discontinue that status. Because the boards

next regular meeting would fall on August 12th, she recommended that the

board vote to continue as a Work First Electing County for Federal Fiscal Years2016-2019. Going on the assumption that the county would continue itselecting status, a proposed Macon County Work First Electing County Planwould be developed and submitted to the board for approval in September, perthe County Manager. Upon a motion by Commissioner Beale, seconded by


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

CONSENT AGENDA: Upon a motion by Commissioner Tate, seconded byCommissioner Beale, the following items on the consent agenda were

unanimously approved: Minutes

Approved the minutes from the June 10and June 16, 2014 meetings. Budget amendments Approved the followingbudget amendment: #1 for the Department of Social Services to appropriate$141 in additional funds from Duke Energy for Project Fans; and #2 for theEmergency Telephone System Fund to appropriate $544,411 from theEmergency Telephone System fund balance to purchase a 911 phone controllerfor the main site as well as one for the disaster recovery site. This is acarryover from FY 13-14 as the project was unable to be completed last fiscalyear; (Revisions with corresponding numbers attached.) Tax releases Approved tax releases in the amount of $41.06 (A computer printout ofreleases 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 CommissionerTate, seconded by Commissioner Haven, the board voted unanimously toappoint Richard Rhodes to fill the unexpired term of Harold Corbin on theMacon County Airport Authority, based on a recommendation from AirportAuthority Chairman Miles Gregory. Chairman Corbin noted that Mr. Rhodes isan active pilot. (2) Community Advisory Committee for Long Term Care Upon a recommendation by Larry Reeves, the Long Term Care Ombudsman forRegion A, and upon a motion by Commissioner Beale, seconded byCommissioner Haven, the board voted unanimously to reappoint Pam

Goldsmith and the Rev. Gene Hawkins to the Community Advisory Committeefor 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 intoclosed session for the purpose of consulting with the attorney under NCGS143-318.11(a)(3) on two separate items. At 7:38 p.m., upon a motion byCommissioner Higdon, seconded by Commissioner Tate, the board votedunanimously to come out of closed session and return to open session. Noaction was taken.


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

_____________________________ ______________________________Derek Roland Kevin CorbinEx Officio Clerk to the Board Board Chairman


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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 ofCommissioners at 6:10 p.m. in the town hall boardroom of the Town ofFranklin. All board members (with the exception of Commissioner Tate), theCounty Manager, Deputy Clerk and County Attorney were present. All of theFranklin 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 andBrian Stiehler), Mayor Patrick Taylor and Town Manager Bob Frye werepresent. 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 announcedthat there would be a town hall style meeting entitled Focus on Franklin onJuly 30thaimed at finding out where we are going. The meeting will include apresentation by Western Carolina Universitys Public Policy Institute. Ms.Woodard explained that the town was working on the possible expansion of thetowns water treatment plant, and was considering two options a conventionalplan that would update the existing plant or building an entirely new packageplant. 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 theParker Meadows Recreational Complex and the impact of finding a burial siteon the property, which may require the planned ball fields to be rotated fromtheir initial locations. The County Manager also addressed the issues with thenew 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 thecountys landfill and the need to make adjustments to the countys employeeinsurance coverage.

Highlands Mayor Patrick Taylor said that the towns revamped recreation

program, which includes an indoor swimming pool, has fostered the return ofthe Highlands Hurricanes, and there are now 46 students on the swim team.He explained that the town increased property taxes by 1.5-cents forrecreation, with the additional tax to sunset in three years. He also pointedout 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 infrastructureimprovements, including repairs to the dam and water intake at LakeSequoyah 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 tripto Macon County on August 14thby delegates to the North Carolina Association

of County Commissioners (NCACC) annual conference, which is being held inAsheville. The itinerary calls for stops in both Franklin and Highlands.

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

_____________________________ ______________________________Derek Roland Kevin CorbinEx Officio Clerk to the Board Board Chairman


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Whereasthe Holly Springs Baptist Church in Franklin, NC was established in August of 1914

and today, August 10, 2014 celebrates its 100th

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 religiouscommunity 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:

Thatthe Macon County Board of Commissionerscommend 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


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AGENDA ITEM



SUBJECT MATTER: Appointments


(A)Highlands Tourism Development Commission Request that theboard ratify the e-mail poll taken on July 10, 2014 appointing Rick

Siegel as the Town of Highlands representative on the HighlandsTourism Development Commission (TDC) and to reappoint

Wolfgang Green as the at-large representative to the TDC. Terms ofappointment 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 CountyCommissioner Advisory Council. There is a kick-off meeting of the

council as part of the NCACC annual conference on Saturday, August16thfrom 11:30 a.m. to 2 p.m. at the Renaissance Hotel in Asheville.


press packet for 08-12-2014 commissioners meeting

Documents