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MACON COUNTY BOARD OF COMMISSIONERS NOVEMBER 12, 2013 AGENDA 1. Call to order and welcome by Chairman Corbin 2.

Announcements A. Recognition of Katie Gibson and AJ Carpenter B. Recognition of Karl Gillespie C. Presentation by Land Trust for the Little Tennessee 3. Moment of Silence 4. Pledge of Allegiance 5. Public Hearing(s) 6:15 p.m. Community Transportation Program Application Kim Angel, Director of Macon County Transit NOTE: Consideration of the application will immediately follow the public hearing 6. Public Comment Period 7. Adjustments to and approval of the agenda 8. Reports/Presentations A. Proclamation to Raise Public Awareness Regarding Violence Against Women Connie Grubermann, Zonta Club of Franklin B. Certified Health Care Navigators Cynthia Solesbee 9. Old Business A. Request from Macon Program for Progress Chuck Sutton B. Update on radio communications consulting services Commissioner Tate

10.New Business A. Consideration of bids for patrol vehicles Interim County Manager/Sheriff Robert Holland

B. Stream gage agreement with the U.S. Geological Survey County Planner Matt Mason C. Consideration of Change Order Number 5 on the Swiss Colony Area Water System Improvements Interim County Manager/Finance Director D. Consideration of resolution and lease with The Appointed Home Economic Development Director Tommy Jenkins/County Attorney E. Consideration of lease agreements for community care clinics in Franklin and Highlands County Attorney F. Little Tennessee Greenway Ordinance 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 October 8, October 15, October 17, October 22, October 29, October 30 and November 4 meetings B. Budget Amendments -- #49 through #54 C. Tax Releases D. Monthly ad valorem tax collection report 12.Appointments A. Planning Board (one seat) 13.Closed session To consult with the attorney in order to preserve the attorney/client privilege under NCGS 143-318.11(a)3 and/or to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial appointment of an individual public officer or employee or prospective public officer or employee under NCGS 143318.11(a)6. 14. Adjourn/Recess

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM


MEETING DATE: November 12, 2013 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Announcements DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Three items to cover here, as follows: (1) We have two grand champion winners from the North Carolina State Fair that I believe it would be appropriate for the board to recognize. First, Katie Gibson was the winner of the Born & Bred Grand Champion Steer, and A.J. Carpenter took top honors for Grand Champion Steer. We will have plaques to present to them. (2) Commissioner Tate has asked for time to recognize Karl Gillespie for his service as planning board chairman, and we have a small gift for Mr. Gillespie. (3) Commissioner Haven brought to my attention the award given to the board from the Land Trust for the Little Tennessee. I realize this has already appeared in The Franklin Press, but I think it would be appropriate to have some recognition of it at the meeting, and I will work out the details with the chairman. COUNTY MANAGERS COMMENTS/RECOMMENDATION:

Attachments ______ Agenda Item 2A, 2B, 2C

Yes

_X_

No

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM


MEETING DATE: November 12, 2013 DEPARTMENT/AGENCY: Macon County Transit SUBJECT MATTER: Program Application Public Hearing on Community Transportation

DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Please see the attached public hearing notice for more information. This hearing is set for a 6:15 p.m. start. Also, please note that this application is for funding for next fiscal year (14/15), but the application deadline is November 15, 2013. Transit Director Kim Angel will be here to provide the details and to answer questions. The board can consider approval of the Community Transportation Program Resolution (also attached) immediately following the public hearing. INTERIM COUNTY MANAGERS COMMENTS/RECOMMENDATION: Recommend approval, as this provides the bulk of Transits administrative and capital revenue.

Attachments ___X__ Agenda Item 5

Yes

___

No

PUBLIC HEARING NOTICE


This is to inform the public that a public hearing will be held on the proposed Macon County Community Transportation Program Application to be submitted to the North Carolina Department of Transportation no later than November 15, 2013. The public hearing will be held on November 12 at 6:15 pm before the (governing board) Macon County Board of Commissioners. Those interested in attending the public hearing and needing either auxiliary aids and services under the Americans with Disabilities Act (ADA) or a language translator should contact Kim Angel, Transit Director on or before November 8, 2013, at telephone number 828-349-222 or via email at kangel@maconnc.org. The Community Transportation Program provides assistance to coordinate existing transportation programs operating in Macon County as well as provides transportation options and services for the communities within this service area. These services are currently provided using fleet vehicles consisting of vans and light transit vehicles. Services are rendered by Macon County Transit.

The total estimated amount requested for the period July 1, 2014 through June 30, 2015

Project

Total Amount

Local Share

Administrative

$ 189,531

$ 28,431

(15%)

Capital (Vehicles & Other) Operating (Small fixed-route,


regional, and consolidated urban-rural systems only)

$ 364,000

$ 36,400

(10%) *(50%) or more *Note: Small Fixed Route systems must contribute more than 50%

TOTAL PROJECT

$ 553,531 Total Funding Request

$ 55,353 Total Local Share

This application may be inspected at Macon County Transit from 8:00 a.m. until 5:00 p.m., Monday Friday. Written comments should be directed to Kim Angel, Transit Director, 5 W. Main St., Franklin, NC 28734 before November 11, 2013.

End of Notice

Note: AN ORIGINAL COPY of the published Public Hearing Notice must be attached to a signed
Affidavit of Publication. Both the Public Hearing Notice and the Affidavit of Publication must be submitted with the CTP grant application.

COMMUNITY TRANSPORTATION PROGRAM RESOLUTION


Section 5311 FY 2015 RESOLUTION
Applicant seeking permission to apply for Community Transportation Program funding, enter into agreement with the North Carolina Department of Transportation, provide the necessary assurances and the required local match. A motion was made by (Board Members Name) and seconded by (Board Members Name or N/A, if not required) adoption of the following resolution, and upon being put to a vote was duly adopted. for the

WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for administering federal and state public transportation funds; and WHEREAS, the North Carolina Department of Transportation will apply for a grant from the US Department of Transportation, Federal Transit Administration and receives funds from the North Carolina General Assembly to provide assistance for rural public transportation projects; and WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the provision of rural public transportation services consistent with the policy requirements for planning, community and agency involvement, service design, service alternatives, training and conference participation, reporting and other requirements (drug and alcohol testing policy and program, disadvantaged business enterprise program, and fully allocated costs analysis); and WHEREAS, Macon County hereby assures and certifies that it will provide the required local matching funds; that its staff has the technical capacity to implement and manage the project, prepare required reports, obtain required training, attend meetings and conferences; and agrees to comply with the federal and state statutes, regulations, executive orders, Section 5333 (b) Warranty, and all administrative requirements related to the applications made to and grants received from the Federal Transit Administration, as well as the provisions of Section 1001 of Title 18, U. S. C. NOW, THEREFORE, be it resolved that the County Manager of Macon County is hereby authorized to submit a grant application for federal and state funding, make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide rural public transportation services. I (Certifying Officials Name)* Michael Decker (Certifying Officials Title) HR Director/Deputy Clerk to the Board do hereby certify that the above is a true and correct copy of an excerpt from the minutes of a meeting of the (Name of Applicants Governing Board) Macon County Board of Commissioners duly held on the 12th day of November, 2013.

Signature of Certifying Official *Note that the authorized official, certifying official, and notary public should be three separate individuals.

Seal Subscribed and sworn to me (date)

Affix Notary Seal Here

Notary Public *

Printed Name and Address

My commission expires (date)

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM


MEETING DATE: November 12, 2013 DEPARTMENT/AGENCY: Zonta Club of Franklin SUBJECT MATTER: Proclamation DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Attached please find a letter, a proclamation and other information from Zonta Club Treasurer Connie Grubermann requesting the issuing of a proclamation to raise public awareness regarding violence against women. COUNTY MANAGERS COMMENTS/RECOMMENDATION:

Attachments ___X__ Agenda Item 8A

Yes

___

No

October 25, 2013 Chairman Kevin Corbin Macon County 5 West Main Street Franklin, NC 28734 Dear Chairman Corbin, On November 25, 2013, The Zonta Club of Franklin will be joining 43 other Zonta clubs spanning seven states and four countries in a united service and advocacy effort to prevent and end violence against women and girls in their local communities. We encourage you to consider issuing a Proclamation to officially declare that The Zonta Club of Franklin and Macon County North Carolina Say NO to Violence Against Women. By doing this, you will help raise awareness of, and increase the actions to end violence against women. You will also be part of a global campaign to end gender violence. On November 25th, and during the 16 Days of Activism that follows, our club will be handing out flyers and support ribbons to increase awareness in our community. We hope you will join us by issuing a Proclamation for this special advocacy initiative. If you have any questions, please contact me at (828) 349-9194. Sincerely,

Connie L. Grubermann Treasurer, Zonta Club of Franklin

Zonta Says NO November 25 Kick-Off and 16 Days of Activism To Raise Public Awareness regarding Violence against Women
WHEREAS, we as citizens of this community, recognize the worldwide problems of violence against women occurs even here in Macon County, North Carolina; and WHEREAS, violence against women is traumatic to the body, mind and spirit and can prevent people from being fully active participants at home and in the world; and WHEREAS, violence against women costs the nation billions of dollars annually in medical expenses, police and court costs, shelters and foster care, sick leave, absenteeism and non productivity; and WHEREAS, in spite of some progress, we need only to look at our newspapers or watch a television newscast to see the unfortunate truth that violence against women has not yet been eliminated here in Macon County, or around the world; and WHEREAS, we support efforts of individuals and join organizations, such as the Zonta Club of Franklin, to raise awareness, stimulate discussion, and advocate for local solutions that will curb violence against women; and WHEREAS, these local people join thousands of others from around the world to assert that the right of women and men to be free of violence is a fundamental human right. NOW THEREFORE, I, Kevin Corbin, by virtue of the authority vested in me as the Chairman of the Macon County Board of Commissioners, do hereby proclaim that on November 25 and during the 16 Days of Activism all citizens are urged to support work to end violence against women and to eliminate the detrimental consequences it has on the well-being of our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the official seal of Macon County, this _________ day of November, 2013.

About Zonta International Founded in 1919, Zonta International is a global organization of executives and professionals working together to advance the status of women worldwide through service and advocacy. With more than 30,000 members belonging to more than 1,200 Zonta Clubs in 65 countries and geographic areas, Zontians all over the world volunteer their time, talents and support to local and international service projects, as well as scholarship programs aimed at fulfilling Zonta's mission and objectives. The objectives of Zonta International are:

To improve the legal, political, economic, educational, health and professional status of women at the global and local level through service and advocacy. To work for the advancement of understanding, goodwill and peace through a world fellowship of executives in business and the professions. To promote justice and universal respect for human rights and fundamental freedoms. To be united internationally to foster high ethical standards, to implement service programs, and to provide mutual support and fellowship for members who serve their communities, their nations, and the world.

Zonta International, its districts and its clubs are nonsectarian and nonpartisan. More information is available at: www.zonta.org About the Zonta Club of Franklin Our club was chartered in September 1998. Since then our members have been very busy women who strive to give back to their community by donating their time and talents to various worthwhile projects in the area. Some of these have included Angel Medical Center ~ Breast Health Center, the Medication Assistance Program, Macon County Public Health Center ~ Womens Programs, R.E.A.C.H. of Macon County, Inc., KIDS Place, Habitat for Humanity ~ WomenBUILD, Holiday Angels, New Life Womens Center, Birthing Kits sent to Africa, Comfort Kits for Rape Victims, the Donna Taurel Educational Scholarships, Franklin Arts Council ~ Female Youth Program, Local Young Women in Leadership Forums, Macon County CareNet ~ Womens Issues, and local community education in the area of Human Trafficking, partnering with the Macon County Sheriffs Department, R.E.A.C.H., and the 30th District Alliance Against Domestic Violence and Sexual Assault. ######

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM


MEETING DATE: November 12, 2013 DEPARTMENT/AGENCY: Mountain Projects, Inc. SUBJECT MATTER: Certified Health Care Navigators DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Cynthia Solesbee has requested time on the agenda to inform the board and the public of her role as a Certified Health Care Navigator. She has been assigned to serve in Macon County. Information received from Ms. Solesbee relative to this free service is attached for your review. COUNTY MANAGERS COMMENTS/RECOMMENDATION:

Attachments ___X__ Agenda Item 8B

Yes

___

No

Need Assistance?
Certified Health Care Navigators can help!
2251 Old Balsam Road Waynesville, NC 28786 (828) 452-1447 25 Schulman Street Sylva, NC 28779 (828) 586-2345 www.mountainprojects.org 1-800-627-1548

Certified Health Care Navigators:


Serving the seven western-most counties of North Carolina
Jan Plummer, Navigator Program Coordinator
Haywood County Navigator (828) 400-3222 jplummer@mountainprojects.org

Jane Harrison
Haywood & Jackson County Navigator (828) 400-4228 jharrison@mountainprojects.org

Patti DeRidder
Cherokee & Clay County Navigator (828) 400-3149 pderidder@mountainprojects.org

Rebecca Mathis
Jackson County Navigator (828) 400-7012 rmathis@mountainprojects.org

Julia Buckner
Graham & Swain County Navigator (828) 550-7908 jbuckner@mountainprojects.org

Cynthia Solesbee
Macon County Navigator (828) 400-4177 csolesbee@mountainprojects.org

Contact the Navigator in your area to receive assistance in understanding health coverage options.

Health Care Navigators:


help consumers navigate the health insurance marketplace. assist consumers in understanding new insurance options. provide free, impartial, unbiased information regarding enrollment. help consumers find the most affordable coverage that meets their needs. provide education and community outreach.

Quality, Affordable Health Insurance


Understanding the Affordable Care Act & the NC Health Insurance Marketplace

1. GET THE FACTS


Is having health insurance required?
Yes. Federal law requires most people over age 18 to have health insurance beginning in 2014 or pay a fine.

2. FIND HEALTH COVERAGE


What is the Health Insurance Marketplace?
The Health Insurance Marketplace is a resource to find health coverage issued by private carriers. Shop, compare and choose a plan that meets your familys needs.

Can I still get insurance if I have a pre-existing condition?


Yes. Beginning in 2014, no one can be denied health coverage because of a pre-existing condition. I already have health insurance. Do I need to use the Health Insurance Marketplace? If you already have health insurance, you are not required to do anything else. You may be eligible to shop for insurance through the Marketplace in order to find more affordable insurance options.

What if I cant afford health insurance?


Financial assistance is available. You can learn if you qualify for federal tax credits and subsidies through the Health Insurance Marketplace. The Marketplace will also allow you to find out if you qualify for Medicaid or NC Health Choice.

Do I have a choice in my coverage?


Yes! The Marketplace offers a variety of health insurance plans. You can choose the best one for your needs and the needs of your family.

If I dont have health insurance, what should I do?


Explore insurance options at www.healthcare.gov or call the Health Insurance Marketplace. Use this flyer to find local agencies and certified Navigators who can help guide you through the process of obtaining affordable insurance.

3. ENROLL
When can I enroll?
Sign up between October 1, 2013 and March 31, 2014. Coverage may start as soon as January 1, 2014 if enrolled by December 15, 2013.

How can I enroll?


Contact a Health Care Navigator in your area. Visit www.healthcare.gov or call the Health Insurance Marketplace call center at 1-800-318-2596, 24 hours a day, 7 days a week. TTY users should call 1-855-889-4325. North Carolina Assistance Hotline: 1-855-733-3711

We provide the Tools to Change Peoples Lives

Cynthia Solesbee
Macon County Navigator (828) 400-4177 csolesbee@mountainprojects.org

Health Insurance Marketplace


www.healthcare.gov

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM


MEETING DATE: November 12, 2013 DEPARTMENT/AGENCY: Macon Program for Progress SUBJECT MATTER: Request for funding DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Please see the attached letter from MPP Executive Director Chuck Sutton. You will recall that Mr. Sutton appeared before you earlier this year, and an excerpt from the May 30, 2013 minutes is included for your information, as follows:
Mr. Sutton then explained that the Housing and Urban Development (HUD) Section 8 Rental Assistance Program provides help to qualified individuals and their families by making payments directly to landlords and property owners, and MPP receives HUD funding in two streams. One supports the rental assistance payments, from which MPP receives $52,805 per month. The other supports administration of this program, and MPP receives $5,839 each month. Following the federal sequestration, MPP was notified that rental assistance funds would be cut 5 percent and the administrative funds would be cut 31 percent. Mr. Sutton explained that the majority of the administrative funds go toward salaries for two staff members and that without supplemental funding, the management of the program would be compromised. He asked the board to consider supplementing the administrative portion of the program, and Chairman Corbin said the board would consider the request as part of the overall budget. No action was taken.

INTERIM COUNTY MANAGERS COMMENTS/RECOMMENDATION: With no action taken, and with no funds earmarked in the current year budget for this, I have asked Mr. Sutton to come back with actual numbers for the board to consider.

Attachments ___X__ Agenda Item 9A

Yes

___

No

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM


MEETING DATE: November 12, 2013 DEPARTMENT/AGENCY: Governing Board/Emergency Services SUBJECT MATTER: Update on radio communications consulting services DEPARTMENT HEAD COMMENTS/RECOMMENDATION: As you will recall, the board voted last month to enter into a contract with Federal Engineering to perform a radio communications survey within the county. Since that time, some issues have arisen, and Commissioner Tate will address those on Tuesday evening and have a recommendation for you. COUNTY MANAGERS COMMENTS/RECOMMENDATION:

Attachments ______ Agenda Item 9B

Yes

_X_

No

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM


MEETING DATE: November 12, 2013 DEPARTMENT/AGENCY: Sheriffs Department SUBJECT MATTER: Bids for patrol vehicles DEPARTMENT HEAD COMMENTS/RECOMMENDATION: The county accepted and opened sealed bids on October 9th for six patrol vehicles for the Macon County Sheriffs Department. Two bids were received, with the apparent total low bid coming from Franklin Ford for 2014 Police Interceptor Sedans at $143,978. Sheriff Robert Holland will be at the meeting to share additional details. A copy of the bid tabulation is attached. COUNTY MANAGERS COMMENTS/RECOMMENDATION:

Attachments ___X__ Agenda Item 10A

Yes

___

No

MaconCountySheriff'sOffice BidNo.4310056PatrolVehicles openedWednesday10/09/2013@3:00p.m.


Make Model Ford PoliceIncerceptorSedan Dodge Charger Year 2014 2014 TotalBid 143,978.00 145,134.00

FranklinFord IldertonDodge

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM


MEETING DATE: November 12, 2013 DEPARTMENT/AGENCY: Planning, Permitting & Development SUBJECT MATTER: Stream gage agreement with U.S. Geological Survey DEPARTMENT HEAD COMMENTS/RECOMMENDATION: County Planner Matt Mason will be at the meeting to discuss a request from the U.S. Geological Survey to place a stream gage monitoring station for the Little Tennessee River on county property at the Friends of the Greenway headquarters at 573 East Main Street. A copy of the proposed agreement for installation and maintenance of the gaging station is attached for your review. Please note the term of the agreement is for 20 years, and I will ask the County Attorney to review it prior to the meeting.

INTERIM COUNTY MANAGERS COMMENTS/RECOMMENDATION: If acceptable, authorize the Chairman or Interim Manager to execute the agreement.

Attachments ___X__ Agenda Item 10B

Yes

___

No

Approximate gage location

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM


MEETING DATE: November 12, 2013 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Change Order Number 5 on Swiss Colony Area Water System Improvements DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Please see the attached change order, in the amount of $24,857.86, along with the summaries and maps for additional details. Per R.L. Haynes with McGill Associates, the tie-in to serve the residences in the Rolling Acres Mobile Home Park had to be moved from Riverbend Road to Arthur Drake Road due to an existing 3/4-inch line on Riverbend versus a six-inch line at Arthur Drake. This item represents $6,310 of the total change order. As you can see in the summary of the unit price items for the change order, the bulk of the cost was in providing nearly 3,500 tons of stone for gravel road repairs. Had the Town of Franklin not already installed some 105 new water meters, the total would have been nearly $20,000 higher. Per the Finance Director, funds are available to cover the increased costs. INTERIM COUNTY MANAGERS COMMENTS/RECOMMENDATION: Recommend approval.

Attachments ___X_ Agenda Item 10C

Yes

___

No

CHANGE ORDER
Number: 5
PROJECT:

Swiss Colony Area

DATE OF ISSUANCE: 11/ 5/ 13


OWNER' S PROJECT NO.

Water System Improvements


OWNER:

Macon County
ENGINEER:

McGill Associates, P. A.
55 Broad Street Asheville, N. C. 28801

CONTRACTOR:

Buchanan

and

Sons, Inc.

CONTRACT FOR: Water System Improvements Project

You are directed to make the following changes in the Contract Documents.

within the park. Therefore, the existing water line currently serving the park was connected to the new 6 inch water line located along Arthur Drake Road. The proposed work also includes the

inch diameter water line located along Riverbend Road was not feasible as only a 3/ 4 inch diameter water line was present the tie in point
at

Description: 1) The proposed connection of the Rolling Acres Mobile Home Park water system to the existing 6
existing 2 inch
water meter and

relocation of an

backflow

preventer

from Riverbend Road to Arthur Drake Road.

2)

As shown on the attached spreadsheet, original contract bid quantities will be adjusted to reflect work completed
to date.

Purpose of Change Order: 1) Increase contract price to compensate the Contractor$ 6, 310. 00 for work related to
connecting the Rolling Acres Mobile Home Park water system to the newly installed 6 inch diameter water line
17, 26, 29, & 27, &

located along Arthur Drake Road. 2) To document the increase in contract quantities for bid item No' s 2, 3, 4, 16, 31, and to document the decrease in contract quantities for bid item No' s 7, 9, 10, 15, 21, 22, 23, 24, 25,
28. The modification of original bid item quantities results in an $ 18, 547. 86 increase in the Contract Price.
change):

The net effect of this change order is a $ 24, 857.86 increase in the Contract Price.
Attachments ( List documents supporting
connection provided

Price quote for Rolling Acres Mobile Home Park water line

by

Buchanan &

Sons, Inc.; Bulletin Drawing for the Rolling Acres Mobile Home Park Water
CHANGE IN CONTRACT TIME
Original Contract Time
180 Days

Line Connection provided by McGill Associates, P. A.; Change Order No. 5 quantity adjustment spreadsheet.
CHANGE IN CONTRACT PRICE
Original Contract Price
682, 535. 00

Previous Change Order No. 0 to No. 4


34, 650. 00

Net Change from Previous Change Orders


33 Days

Contract Price Prior to This Change Order


717, 185. 00

Contract Time Prior to This Change Order


213 Days

Net Increase
24, 857. 86

of

This Change Order

Net Increase of This Change Order


0 Days

Contract Price With All Approved Change Orders


742, 042. 86
f1

Contract Time With All Approved Change Orders


213 Days

RECOMME
BY:

b'
Mike Do

N' j1
c

E!:

I
P. A.

APPROVED

APPROVED:
BY:
Buchanan and Sons, Inc.

BY:
Macon

McGill As

ociates,

County

PE, Project Manager

Mike Decker, Manager

Chris Buchanan, Project Manager

Date:

1//

Date:

Date:

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MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM


MEETING DATE: November 12, 2013 DEPARTMENT/AGENCY: Governing Board/ Economic Development SUBJECT MATTER: Resolution and lease for The Appointed Home DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Economic Development Director Tommy Jenkins and the County Attorney will be presenting a resolution and draft lease agreement for the renewal of space in the Business Development Center for Debra Green, who does business as The Appointed Home. Under the agreement, this lease would commence on November 1, 2013 and run through October 31, 2014 with a monthly rent of $192. A copy of the resolution and lease agreement are attached,

INTERIM COUNTY MANAGERS COMMENTS/RECOMMENDATION: Recommend approval

Attachments ___X__ Agenda Item 10D

Yes

___

No

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 DEBRA GREEN, D/B/A THE APPOINTED HOME

THAT WHEREAS, Macon County owns certain real property being described in the Lease to Debra Green, d/b/a The Appointed Home, a copy of which is attached hereto; and WHEREAS, Macon County does not presently have a use for the same; and WHEREAS, Macon County desires to declare the same to be surplus and authorize the entry of the Lease to Debra Green, d/b/a The Appointed Home, a copy of which is attached hereto, for the period of one year from November 1, 2013; and WHEREAS, pursuant to N.C. Gen. Stat. 160A-272, Macon County is authorized to enter into the Lease to Debra Green, d/b/a The Appointed Home, 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 Debra Green, d/b/a The Appointed Home, 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 Debra Green, d/b/a The Appointed Home, a copy of which is attached hereto and incorporated herein by reference, for the period of one year from November 1, 2013; 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 Debra Green, d/b/a The Appointed Home, on behalf of Macon County. Adopted at the November 12, 2013, Regular Meeting of the Macon County Board of Commissioners.

__________________________________________ Kevin Corbin, Chairman of the Macon County Board County Commissioners

ATTEST: _____________________________________ Deputy Clerk to the Board

( Official Seal )

NORTH CAROLINA MACON COUNTY LEASE TO DEBRA GREEN, D/B/A, THE APPOINTED HOME, FROM MACON COUNTY This lease is made effective this 1st day of November, 2013, by and between MACON COUNTY, a body corporate and politic organized and existing under the laws of the State of North Carolina, hereinafter called the "Lessor," and DEBRA GREEN, D/B/A, THE APPOINTED HOME, with a mailing address at P.O Box 2541, Cashiers, North Carolina 28717, hereinafter called the "Tenant." WITNESSETH: That, subject to the terms and conditions hereinafter set forth, the Landlord does hereby demise and let and the Tenant does hereby rent and hire from the Landlord, those certain premises (hereinafter referred to as the Premises) located at the Macon County Business Development Center and more particularly described on Exhibit A attached hereto and incorporated herein. (1) Premises. Lessor leases unto the Tenant, and the Tenant accepts upon the full terms and conditions of this lease, that certain office space located in the Macon County Business Development Center at the Macon County Industrial Park near Franklin, NC, as specifically shown on the drawing of the floor plan of the Business Development Center which is attached hereto as Exhibit A and incorporated herein by reference. The space designated on the drawing attached hereto as Exhibit A in the color yellow is leased unto the Tenant for Tenant's exclusive use. The spaces outlined in blue and designated on the drawing attached hereto as Exhibit A as Waiting Room, Men's and Women's Restrooms, and the halls may be used by Tenant for Tenant's non-exclusive use in common with any other tenants in the Development Center and Lessor, together with such portion of the premises as is reasonably necessary for access, parking and use of the leased premises. (2) Term. This lease shall commence November 1st, 2013 and shall continue for a term expiring October 31, 2014. (3) Rent. The Macon County Business Development Center is owned by Macon County as a small business incubator to promote economic development and the growth of jobs in Macon County. The lease of the premises to Tenant is in furtherance of that policy. The monthly rent for the aforementioned space is $192.00 per month. (4) Use of Premises. The leased premises shall only be used by Tenant for the conduct of Tenant's business of manufacturing and selling ready made pillows, hot cold therapy bags. In addition, it may be used to manufacture and sell curtains, tablecloths, dust skirts and provide online design consultation and other home decor products and services.

(5) No Assignment. This lease shall not be assigned by Tenant nor shall Tenant sublet the leased premises or any portion thereof. (6) Tenant's Responsibilities for Repairs. Tenant agrees to accept the premises in their present condition and to maintain the interior components of the portion of the premises leased to Tenant in a good state of repair during the term of this lease. Interior components shall include the floors, walls, ceilings, electrical components, lighting fixtures, plumbing and plumbing fixtures. Tenant shall be responsible for interior repairs in the portions of the premises leased to it exclusively and in common with other tenants. If other space in the Center is leased to existing or additional tenants, the tenants shall establish a procedure by which all tenants using the common area shall share in the cost of such maintenance. At termination, Tenant shall 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. (7)Lessor's Responsibilities for Repairs. Lessor shall make all necessary repairs to the exterior of the premises, including the parking and driveway areas, exterior walls, windows and roof. In the event the premises or any part thereof are substantially damaged by fire or other casualty to the extent that necessary repairs will exceed twenty percent of the value of the building, the parties agree that Lessor shall have no obligation to make the repairs and Lessor may elect to either make the necessary repairs or to terminate the lease. (8)Maintenance. Tenant shall be solely responsible for all routine and recurring maintenance, including cleaning, trash removal and painting of the interior portion of the premises leased to it exclusively and the portion of the premises leased to is as common area with other tenants. If other space is leased to existing or additional tenants, the tenants shall establish a procedure by which all tenants using the common area shall share in the cost of such maintenance. Lessor shall continue to maintain the exterior premises including the parking areas, driveways and landscaping/mowing. (9)Abatement of Nuisances and Appearance. Tenant shall comply with all laws, rules and regulations of any governmental jurisdiction applicable to the leased premises and shall take all measures necessary to prevent or abate nuisances or other grievances arising out of the manner of the occupancy of the premises for its business purposes. Tenant shall further maintain the appearance of the premises in manner that is aesthetically pleasing and consistent with other business users in the neighborhood and shall not accumulate trash or debris nor display merchandise on the premises. (10)Utilities. Tenant shall be responsible for furnishing its own utilities, including electric, water, gas, and garbage disposal in the space leased exclusively to it and also the common area above-referenced. If other space in the center is leased to existing or additional tenants, the tenants shall establish a procedure by which all tenants using the common area shall share in the cost of utilities provided in the common area. Otherwise, Tenant shall pay for all of the same. (11)Alterations. Tenant shall not make any alterations, additions or improvements to the premises without first obtaining written permission from the Lessor and any such alterations,

additions or improvements which are permitted shall inure to the benefit of the Lessor upon expiration of the lease and surrender of the premises by the Tenant. (12)Indemnification. Tenant 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 Tenant, its agents, licensees, concessionaires, customers or employees. In the event Lessor shall be made a party to any litigation, commenced by or against Tenant, its agents, licensees, concessionaires, customers or employees, then Tenant shall protect and hold Lessor harmless and shall pay all costs, expenses and reasonable attorneys' fees included or paid by Lessor in connection with such litigation. (13)Environmental Matters. 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 Tenant 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 (i) 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, (ii) 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, (iii) non-compliance relating to the Tenant'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 (iv) 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 Tenant 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. (14)Incidents of Default. Each and every term of this lease is a material part of this lease and continuation of the lease is conditioned on the parties' adherence to its terms. The breach or threatened breach of any of the lease terms by the Tenant shall be deemed an incident of default. A declaration of insolvency or the filing of a petition of bankruptcy by the Tenant shall also be deemed an incident of default. In the event Tenant defaults as defined in this paragraph, Lessor may declare the lease terminated and retake possession of the premises upon allowing Tenant a reasonable time to vacate the premises and remove its personal property from the premises.

In testimony whereof, the parties have signed this lease effective as of the date first written above in duplicate originals, one of which is retained by each of the parties.

COUNTY OF MACON By: _______________________________ Chairman, Board of Commissioners

Debra Green, d/b/a, The Appointed Home By: _______________________________ Debra Green

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM


MEETING DATE: November 12, 2013 DEPARTMENT/AGENCY: County Attorney SUBJECT MATTER: Lease agreements with the community care clinics in Franklin and Highlands DEPARTMENT HEAD COMMENTS/RECOMMENDATION: The County Attorney is preparing written agreements that will formalize the longstanding relationships between the county, the health department and the two community care clinics, and will have those available for you on Tuesday.

COUNTY MANAGERS COMMENTS/RECOMMENDATION:

Attachments ______ Agenda Item 10E

Yes

_X_

No

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM


MEETING DATE: November 12, 2013 DEPARTMENT/AGENCY: County Attorney SUBJECT MATTER: Little Tennessee Greenway Ordinance

DEPARTMENT HEAD COMMENTS/RECOMMENDATION: The County Attorney will address some clean-up items at Tuesdays meeting. COUNTY MANAGERS COMMENTS/RECOMMENDATION:

Attachments _____ Agenda Item 10F

Yes

_X_

No

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM


MEETING DATE: November 12, 2013 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Consent Agenda DEPARTMENT HEAD COMMENTS/RECOMMENDATION:
A. Minutes Consideration of the minutes from the October 8th, October 15th, October 17th, October 22nd, October 29th, October 30th and November 4th meetings, per attachment 11A. Finance Consideration of Budget Amendments #49 through #54, per attachment 11B. Tax releases Consideration of tax releases in the amount of $5,795.70, per Attachment 11C. The supporting documentation is on file in the Deputy Clerks office. Monthly Tax Collection Report For the boards information, the monthly ad valorem tax collection report is attached as attachment 11D. It does not require board action.

B.

C.

D.

INTERIM COUNTY MANAGERS COMMENTS/RECOMMENDATION:


October 8th Board of Commissioners minutes will be supplied under separate cover prior to the meeting.

Attachments ___X__

Yes

___

No

Agenda Item 11(A)-11(D)

MACON COUNTY BOARD OF COMMISSIONERS CONTINUED SESSION OCTOBER 15, 2013 MINUTES Chairman Corbin reconvened the meeting at 6:27 p.m. in the commission boardroom as recessed from the October 8, 2013 regular meeting. All board members, the Interim County Manager and County Attorney were present. Upon a motion by Commissioner Beale, seconded by Commissioner Haven, the board voted unanimously to go into closed session at 6:28 p.m. for the purpose of considering the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee per NCGS 143-318.11(a)(6). Upon a motion by Commissioner Tate, seconded by Commissioner Haven, the board voted unanimously to come out of closed session at 8:53 p.m. No action was taken. At 8:55 p.m., and upon a motion by Commissioner Beale, seconded by Commissioner Tate, the board voted unanimously to recess the meeting until Thursday, October 17, 2013 at 6 p.m. in the commission boardroom on the third floor of the Macon County Courthouse, 5 West Main Street, Franklin, NC.

_____________________________ Mike Decker, Interim County Manager Deputy Clerk to the Board

______________________________ Kevin Corbin Board Chairman

MACON COUNTY BOARD OF COMMISSIONERS CONTINUED SESSION OCTOBER 17, 2013 MINUTES Chairman Corbin reconvened the meeting at 6:00 p.m. in the commission boardroom as recessed from the October 15, 2013 regular meeting. All board members, the Interim County Manager and County Attorney were present. Upon a motion by Commissioner Beale, seconded by Commissioner Haven, the board voted unanimously to go into closed session at 6:00 p.m. for the purpose of considering the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee per NCGS 143-318.11(a)(6). Upon a motion by Commissioner Higdon, seconded by Commissioner Haven, the board voted unanimously to come out of closed session at 9:01 p.m. No action was taken. At 9:02 p.m., and upon a motion by Commissioner Beale, seconded by Commissioner Tate, the board voted unanimously to recess the meeting until Tuesday, October 22, 2013 at 5 p.m. in the commission boardroom on the third floor of the Macon County Courthouse, 5 West Main Street, Franklin, NC.

_____________________________ Mike Decker, Interim County Manager Deputy Clerk to the Board

______________________________ Kevin Corbin Board Chairman

MACON COUNTY BOARD OF COMMISSIONERS CONTINUED SESSION OCTOBER 22, 2013 MINUTES Chairman Corbin reconvened the meeting at 5:19 p.m. in the commission boardroom as recessed from the October 17, 2013 continuation meeting. All board members, the Interim County Manager and County Attorney were present. Upon a motion by Commissioner Beale, seconded by Commissioner Haven, the board voted unanimously to go into closed session at 5:19 p.m. for the purpose of considering the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee per NCGS 143-318.11(a)(6). Upon a motion by Commissioner Beale, seconded by Commissioner Haven, the board voted unanimously to come out of closed session at 6:24 p.m. No action was taken. At 6:24 p.m., and upon a motion by Commissioner Tate, seconded by Commissioner Higdon, the board voted unanimously to recess the meeting until Wednesday, October 30, 2013 at 5 p.m. in the commission boardroom on the third floor of the Macon County Courthouse, 5 West Main Street, Franklin, NC.

_____________________________ Mike Decker, Interim County Manager Deputy Clerk to the Board

______________________________ Kevin Corbin Board Chairman

MACON COUNTY BOARD OF COMMISSIONERS CALLED MEETING OCTOBER 29, 2013 MINUTES Highlands Mayor David Wilkes convened the joint meeting with the Macon County Board of Commissioners, the Town of Franklin Board of Aldermen and the Town of Highlands Board of Commissioners at 6:25 p.m. at Wolfgangs Restaurant & Wine Bistro at 474 Main Street in Highlands. All board members (with the exception of Chairman Corbin, the Interim County Manager, Finance Director and County Attorney were present. All of the Franklin aldermen, Mayor Joe Collins, Town Manager Warren Cabe and Assistant to the Manager Summer Woodard were present. All of the Highlands commissioners, Mayor David Wilkes and Town Manager Bob Frye were present. Commissioner Beale gave the invocation. Mayor Wilkes gave a brief update on Highlands matters, including the towns first annual hometown festival to be held November 2nd, work on a new swimming pool and other renovations to the towns recreation center. He also extended well wishes to all of the municipal candidates for the upcoming November 5th election. Franklin Mayor Joe Collins reported that the town had just experienced its best Pumpkin Fest ever, and that the upcoming Window Wonderland activities had been extended to include two weekends. Town Manager Warren Cabe raised the issue of an extension of the lease agreement between the county and the town regarding the gazebo area, as the town is prepared to invest funds on renovations to that space. Commissioner Beale provided a brief update on county issues, explaining that Chairman Corbin was unable to attend. He said the county had narrowed its search for a new county manager to four great candidates. Minutes 10.29.13 Page 1 of 2

He also noted that this week would mark the first full day of treatment at the new dialysis center. Commissioner Tate outlined plans for a communications firm to perform a study regarding the countys emergency radio capabilities. Following the meal, Commissioner Beale and Commissioner Tate made presentations of gifts to Mayor Collins and Mayor Wilkes, both of whom chose not to seek re-election, and thanked them for their service to their respective municipalities. With no other items, Mayor Wilkes adjourned the meeting at 7:47 p.m.

_____________________________ Mike Decker, Interim County Manager Clerk to the Board

______________________________ Kevin Corbin Board Chairman

Minutes 10.29.13 Page 2 of 2

MACON COUNTY BOARD OF COMMISSIONERS CONTINUED SESSION OCTOBER 30, 2013 MINUTES Vice-chairman Beale reconvened the meeting at 5:00 p.m. in the commission boardroom as recessed from the October 22, 2013 continuation meeting. All board members (with the exception of Chairman Corbin), the Interim County Manager and County Attorney were present. Upon a motion by Commissioner Tate, seconded by Commissioner Haven, the board voted unanimously to go into closed session at 5:00 p.m. for the purpose of considering the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee per NCGS 143-318.11(a)(6). Chairman Corbin joined the closed session at 5:35 p.m. Upon a motion by Commissioner Tate, seconded by Commissioner Haven, the board voted unanimously to come out of closed session at 6:51 p.m. No action was taken. At 6:51 p.m., and upon a motion by Commissioner Haven, seconded by Commissioner Higdon, the board voted unanimously to recess the meeting until Monday, November 4, 2013 at 5 p.m. in the commission boardroom on the third floor of the Macon County Courthouse, 5 West Main Street, Franklin, NC.

_____________________________ Mike Decker, Interim County Manager Deputy Clerk to the Board

______________________________ Kevin Corbin Board Chairman

MACON COUNTY BOARD OF COMMISSIONERS CONTINUED SESSION NOVEMBER 4, 2013 MINUTES Chairman Corbin reconvened the meeting at 5:04 p.m. in the commission boardroom as recessed from the October 30, 2013 continuation meeting. All board members, the Interim County Manager and County Attorney were present. Chairman Corbin recognized County Planner Matt Mason, who explained that he and the County Attorney had reviewed the performance bond for Wildflower 316, LLC and Lexon Insurance Company regarding the Timber Ridge at Wildflower subdivision. Following discussion, the County Attorney recommended that the board authorize the chairman to enter into an agreement, subject to an appropriate performance bond in the amount of $233,369 being delivered to the county. Upon a motion by Commissioner Haven, seconded by Commissioner Tate, the board voted unanimously to authorize Chairman Corbin to sign the recommended agreement (Attachment 1), a copy of which is attached and is hereby made a part of these minutes. Also attached is a copy of the performance bond (Attachment 2), which is hereby made a part of these minutes. Upon a motion by Commissioner Beale, seconded by Commissioner Tate, the board voted unanimously to go into closed session at 5:08 p.m. for the purpose of consulting with the attorney in order to preserve the attorney/client privilege per NCGS 143-318.11(a)(3). Upon a motion by Commissioner Higdon, seconded by Commissioner Tate, the board voted unanimously to come out of closed session at 6:03 p.m. No action was taken.

At 6:04 p.m., and upon a motion by Commissioner Tate, seconded by Commissioner Higdon, the board voted unanimously to adjourn.

_____________________________ Mike Decker, Interim County Manager Deputy Clerk to the Board

______________________________ Kevin Corbin Board Chairman

===================================================================================== =============================================== Tax Collections Detail Transactions by Group RTC020303 10/31/13 Page 1 ===================================================================================== =============================================== Group Number REL*13*10 Abatement Effective Date 10/11/13 Seq Date Account Taxbill Rev Nbr Number Number Number Descriptn 1 *** 2 Tax Transaction Code Amount Levy Penalty Addl Interest Discnt Trn Check Trans Amount Amount Chgs 129.75- 0.00 0.00 0.00 0.00 0.00 Amount Amount Cde 0.00 0.00 0.00 R CLERICA 0.00 0.00 0.00 0.00 0.00 0.00 R CLERICA
0.00 0.00 R

10/11/13 125503 13A6596088297 G01 129.75F01 13.9513.95- 0.00 BOURKE, EVELYN J 10/17/13 53741 13A53741 G01 143.705580.00-

143.705580.00-

*** DUKE ENERGY CORPORATION CLERICA 3 *** 10/29/13 14303 13A7507519468 L01

5580.0072.0072.00-

5580.00-

0.00 72.000.00

MARTIN, DENNIS HAROLD Tax Code Totals F01*13- FR FIRE G01*13- GEN TAX L01*13- RES FEE Total for Group REL*13*10

0.00 72.00-

13.9513.95- 0.00 0.00 0.00 0.00 5709.75- 5709.75- 0.00 0.00 0.00 0.00 72.000.00 0.00 72.00- 0.00 0.00 5723.700.00 72.000.00 0.00

5795.70-

********** Totals By Tax Cycle ********** Cycle Current Delinquent A 5795.700.00

file:///C|/Documents%20and%20Settings/mdecker/Desktop/REL1310.TXT[11/7/2013 5:18:16 PM]

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM


MEETING DATE: November 12, 2013 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Appointments DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Planning Board (1 seat) Jimmy Goodmans term on the board expired November 1, 2013. The only new application for this board was turned in by William R. Shilling, a Franklin attorney, and his application is attached. For the boards information, Mr. Shilling also submitted applications for Youth Services and Advisory Committee, SCC Board of Trustees, MPP, Library Board and Airport Authority. NOTE: For the boards information, the county has received an application for the Cemetery Board from Robert L. Shook, the director of the Macon County Historical Museum, and a copy of his application is attached.

COUNTY MANAGERS COMMENTS/RECOMMENDATION:


Attachments __X__ Agenda Item 12A Yes __ No

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM


MEETING DATE: November 12, 2013 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Closed Session

DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Per the chairman, the board will go into closed session for purposes related to attorney-client privilege and/or personnel.

COUNTY MANAGERS COMMENTS/RECOMMENDATION:

Attachments ______ Agenda Item 13

Yes

_X_

No

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