07/08/2014 macon county commissioners

MACON COUNTY BOARD OF COMMISSIONERS

JULY 8, 2014 AGENDA

1. Call to order and welcome by Chairman Corbin

2. Announcements 3. Moment of Silence

4. Pledge of Allegiance

5. Public Hearing(s) – 6:00 p.m.

A. Community Development Block Grant Project Closeout – John

Fay, Housing Director

6. Public Comment Period

7. Adjustments to and approval of the agenda

8. Reports/Presentations

9. Old Business A. Confirmation of additional annual leave for county employees –

County Manager

10.New Business

A. Resolution Designating Harold Corbin as an Honorary Historian of Macon County – Commissioner Beale

B. Resolution Opposing the Designation of Additional Wilderness

Areas Within the Nantahala National Forest in Macon County – Jim Gray

C. Brian Jones Well Abandonment Agreement – County Attorney D. Amendments to Interlocal Agreement and Resolution Regarding

the Veterans Transportation Project – County Attorney

E. Ratification of Telephone/E-mail Poll Regarding Cancelation of Deed of Trust for Thompsons – County Attorney

F. Resolution Changing the Due Date of the Macon County Room

Occupancy-Tourism Development Tax – Finance Director

G. Grant Project Ordinance and Budget Amendment for Housing Department – Finance Director

H. Designation of Voting Delegate to the NCACC Annual Conference

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 June 10 and June 16, 2014 meetings B. Budget Amendments #1 and #2

C. Tax Releases D. Monthly ad valorem tax collection report

12.Appointments A. Airport Authority (1 seat) B. Community Advisory Committee for Long Term Care (2 seats)

13.Closed session (if necessary)

14. Adjourn/Recess


AGENDA ITEM

MEETING DATE: July 8, 2014

DEPARTMENT/AGENCY: Housing

SUBJECT MATTER: Public Hearing on Community Development

Block Grant (CDBG) project closeout

DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

Per Housing Director John Fay, some of the required language was

inadvertently omitted from the public notice for the May 13, 2014 public

hearing on the CDBG project closeout, thus requiring a third public hearing.

The proper public notice has been advertised and a copy of Mr. Fay’s report

is attached for your information. There are no changes in any of the dollar

amounts from the previous hearing. He will be at the meeting to provide any

additional details and to answer questions.

COUNTY MANAGER’S COMMENTS/RECOMMENDATION:

Attachments ___X__ Yes ___ No

Agenda Item 5A

8 July 2014

Macon County

Public Hearing

CDBG

Scattered Site Housing Rehabilitation

With Local Option

10 – C – 2124

Closeout

Scattered Site Housing Rehabilitation -

7 Homes Rehabilitated – grant funds expended: $232,329.67

Local Option –

19 Homes received urgent repairs – grant funds expended: $38,307.05

Total Grant expended: $270,636.72

Total grant funds available - $400,000

Balance of grant unused due to lack of capacity in the Housing Department to rehabilitate more

homes.

Respectfully Submitted, John L Fay Director Macon County Housing Department


AGENDA ITEM


DEPARTMENT/AGENCY: County Manager

SUBJECT MATTER: Confirmation of additional annual leave


The County Manager is seeking confirmation from the board in regard to his

plan to provide an extra 16 hours of annual leave during Fiscal Year 2014-15

to all full-time employees, as discussed during the budget deliberations.


Attachments ______ Yes __X No

Agenda Item 9A


AGENDA ITEM


DEPARTMENT/AGENCY: Governing Board

SUBJECT MATTER: Resolution Designating Harold Corbin as an

Honorary Historian of Macon County


At the request of Commissioner Beale, a resolution designating Harold

Corbin as an Honorary Historian of Macon County has been prepared for the

board’s consideration, and a copy is attached. Pending the board’s action,

the resolution would be presented to the Corbin family at the upcoming

Franklin Folk Festival.



Agenda Item 10A

RESOLUTION DESIGNATING HAROLD CORBIN AS AN HONORARY HISTORIAN OF MACON COUNTY

Whereas, preserving the heritage and history of the County of Macon plays a significant role in the lives of the citizens of Macon County; and Whereas, heritage preservation can be instrumental in economic development and

tourism in Macon County; and Whereas, Mr. Harold Corbin, a lifelong resident of Macon County, was a true leader in local efforts to preserve and bring about a new emphasis on the county’s cultural history and heritage; and Whereas, Mr. Corbin was a charter board member of the Folk Heritage Association of Macon County, serving on the Executive Committee as a Co-Vice President; serving on the planning committee for the Living Heritage Village Project; and serving as a member of the Franklin Folk Festival Committee, where he will always be remembered as a festival demonstrator with his moonshine still exhibit. Whereas, Mr. Corbin played a vital role in the establishment of the folk festival, an annual celebration of the county’s history that draws thousands of people to Franklin and Macon County each year to learn about and enjoy the many and varied aspects of our mountain heritage; and Whereas, Mr. Corbin dedicated his life to the advancement of Macon County and its people, but never lost touch with his roots. NOW, THEREFORE BE IT RESOLVED, That the Board of Commissioners of the County of Macon commends Mr. Harold Corbin for his outstanding contribution to the citizens of Macon County, and in conjunction with the Folk Heritage Association of Macon County and in deep gratitude of his efforts to preserve the heritage of the county, designates Mr. Corbin as an “Honorary Historian of Macon County.”

Adopted this the 8th day of July, 2014. ATTEST: MACON COUNTY BOARD OF COMMISSIONERS ____________________________ __________________________________ Kevin Corbin Derek Roland Chairman Clerk to the Board


AGENDA ITEM



SUBJECT MATTER: Resolution Opposing the Designation of

Additional Wilderness Areas Within the Nantahala National Forest in

Macon County


Jim Gray has requested the board’s consideration of the above-referenced

resolution, a copy of which is attached. Mr. Gray has indicated that he will

attend the meeting and will have additional information to present to the

board at that time.



Agenda Item 10B

RESOLUTION OPPOSING THE DESIGNATION OF ADDITIONAL WILDERNESS AREAS

WITHIN THE NANTAHALA NATIONAL FOREST IN MACON COUNTY

WHEREAS the U. S. Department of Agriculture, Forest Service is revising the 1987 Land and

Resources Management Plan (revised 1994) under which the Nantahala and Pisgah National Forests

(NF) are managed; and,

WHEREAS the Forest Service has put forth criteria for designating additional areas within the

Nantahala and Pisgah NF as wilderness areas or scenery where no timber management may occur; and,

WHEREAS the additional areas where no timber management can occur will further reduce jobs

related to timber harvesting/timber products in Macon County; and,

WHEREAS it is acknowledged by the Forest Service, North Carolina Wildlife Resources Commission,

Ruffed Grouse Society, National Wild Turkey Foundation and numerous other wildlife agencies and

organizations; that early successional habitat (regrowth of forest following timber cutting or natural

disturbance) is much more productive of wildlife than is mature, old growth forest; and,

WHEREAS the current assessment of the Nantahala/Pisgah National Forest identifies that only 1.8%

of NF lands have undergone timber cutting within the past 15 years and that 77% of the NF lands are

covered by forests older than 60 years; and,

WHEREAS timber cutting/timber products jobs and hunting are both important economic, cultural

and historical activities in Macon County; and,

WHEREAS the Macon County Commission believes that the Forest Service can preserve the nature of

the Nantahala/Pisgah National Forest for trail hiking, bird watching, fishing, camping, tourism, species

preservation and other important activities; without further decreasing the acreage that is available for

timber management.

NOW, THEREFORE, BE IT RESOLVED that the Macon County Board of Commissioners do

hereby stand as one body politic with the statement that we are opposed to any additional

wilderness/designated areas where no timber management can occur within Forest Service lands

within Macon County.

ADOPTED THIS __th DAY OF JULY, 2014.

_______________________ ________________________

Kevin Corbin, Chairman Ronnie Beal, Commissioner

__________________________ __________________________

Jimmie Tate, Commissioner Ron Haven, Commissioner

__________________________

Paul Higdon, Commissioner


AGENDA ITEM


DEPARTMENT/AGENCY: County Attorney

SUBJECT MATTER: Brian Jones Well Abandonment Agreement


The County Attorney will provide a copy of the agreement and additional

details at the meeting on Tuesday. He has also asked that Solid Waste

Director Chris Stahl be available to provide a brief explanation.


Attachments ______ Yes _X_ No

Agenda Item 10C


AGENDA ITEM


DEPARTMENT/AGENCY: County Attorney/Transit

SUBJECT MATTER: Amendments to Interlocal Agreement and

Resolution Regarding Veterans Transportation Project


Attached are two documents, both prepared by the County Attorney, with

the first one being amendments to the interlocal agreement and contract for

the Veterans Transportation Project, and the second is a resolution

concerning the entry and execution of those amendments. He and Transit

Director Kim Angel can provide additional details at the meeting.

Essentially, the primary purposes of the amendment are to add Jackson

County as a party to the agreement and to adjust each party’s respective

financial obligation to the project. The Board will likely need to waive any

conflict of interest as the County Attorney does legal work for both Macon

and Clay counties.



Agenda Item 10D

AMENDMENTS TO INTERLOCAL AGREEMENT AND CONTRACTFOR THE PROCUREMENT, IMPLEMENTATION AND OPERATION OFSoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation Project

BETWEEN

MACON COUNTY, NC

and

Clay County, NC, Cherokee County, NC, The State of Franklin Health Council, Inc., a NorthCarolina Non-Profit Corporation and Jackson County, NC.

************************************************************************These AMENDMENTS TO INTERLOCAL AGREEMENT and CONTRACT are entered into this

____ day of _______________, 2014, by and between MACON COUNTY, NC, a North

Carolina body politic (the "Procuring Agent" and “Lead Agency”)

and Clay County, NC, Cherokee County, NC, The State of Franklin Health Council, Inc., aNorth Carolina Non-Profit Corporation, and Jackson County, NC, (the “Principals”)

WITNESSETH:

THAT WHEREAS, all parties hereto acknowledge that Macon County, NC, Clay County, NC,Cherokee County, NC, and The State of Franklin Health Council, Inc., did enter into anInterlocal Agreement and Contract for the Procurement, Implementation and Operation ofSoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation Project, onor about March 13, 2014, a copy of which is attached hereto and incorporated herein byreference; and

WHEREAS, all parties hereto acknowledge that Macon County, NC, Clay County, NC,Cherokee County, NC, and The State of Franklin Health Council, Inc., now desire to amend saidInterlocal Agreement so as to include Jackson County as a principal and a party under thesame as hereinafter provided; and

WHEREAS, all parties hereto acknowledge that Jackson County, NC, now desires for theparties to such Interlocal Agreement to amend the same so as to include Jackson County as aprincipal and party under the same as hereinafter provided; and

WHEREAS, the transportation agencies of each of the parties hereto have been discussing theneed to cooperate better with one another for the purpose of providing better and more efficientpublic transportation services to the Veterans and their families within Macon, Clay, Cherokee Swain and Jackson Counties to medical services and for other purposes; and

WHEREAS, the transportation agencies of each of the parties hereto have decided to worktogether to implement a system to provide better and more efficient public transportationservices to the Veterans and their families within Macon, Clay, Cherokee , Swain and JacksonCounties to medical services and for other purposes; and

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WHEREAS, the transportation agencies of each of the parties hereto have decided upon tryingto cooperatively procure, implement and operate a system to provide better and more efficientpublic transportation services to the Veterans and their families within Macon, Clay, Cherokee, , Swain and Jackson Counties to medical services and other purposes; and

WHEREAS, toward that end, the transportation agencies of each of the parties hereto acknowledge that Macon County, NC, has applied for a Grant in order to aid and assist it insecuring a Grant for the purposes of procurement, implementation and operation of theSoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation project inMacon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolinaand Swain County, North Carolina, and with the option to add Jackson County in such project,as proposed in the Grant Proposal prepared by Kim Angel, Transit Director for Macon CountyTransit, dated April 19, 2012, ( hereinafter referred to as the “Grant Proposal” a copy of which ison file with Macon County Transit and the same is incorporated herein by reference; and

WHEREAS, Macon County, NC, has been able to secure a Grant to aid and assist in theprocurement, implementation and operation of the SoNCVet: Southwestern NC One-Call OneClick Center for Veterans Transportation in Macon County, North Carolina, Clay County, NorthCarolina, Cherokee County, North Carolina and Swain County, North Carolina, and with theoption to add Jackson County in such project, in accordance with the Public TransportationSection 5309 Capital Grant Agreement between the State of North Carolina and Macon County,DOT Number: DOT-19, and Project Number: 13-04-0052( hereinafter referred to as the “GrantAgreement” ) a copy of which is on file with Macon County Transit and the same is incorporatedherein by reference; and

WHEREAS, the SoNCVet: Southwestern NC One-Call One Click Center for VeteransTransportation project in Macon County, North Carolina, Clay County, North Carolina, CherokeeCounty, North Carolina, Swain County, North Carolina, and Jackson County, North Carolina willhave an anticipated total project cost of $_________________ rather than the anticipated totalproject cost set forth in Interlocal Agreement referenced hereinabove in the sum of$479,134.00; and

WHEREAS, under said Grant Agreement, Macon County, North Carolina, has secured throughthe North Carolina Department of Transportation, Federal Funds in the amount of 80% of theactual net cost of the SoNCVet: Southwestern NC One-Call One Click Center for VeteransTransportation project in Macon County, North Carolina, Clay County, North Carolina, CherokeeCounty, North Carolina and Swain County, North Carolina, ), and with the option to add JacksonCounty in such project, not in excess of $459,873.00; and

WHEREAS, under said Grant Agreement, local share is anticipated in the amount of 20% of theactual net cost of the SoNCVet: Southwestern NC One-Call One Click Center for VeteransTransportation project in Macon County, North Carolina, Clay County, North Carolina, CherokeeCounty, North Carolina, Swain County, North Carolina, and Jackson County, North Carolina;and

WHEREAS, the parties hereto contemplate sharing the obligation for such local share asprovided for herein; and

WHEREAS, the procurement, implementation and operation of the SoNCVet: Southwestern NCOne-Call One Click Center for Veterans Transportation in Macon County, North Carolina, ClayCounty, North Carolina, Cherokee County, North Carolina and Swain County, North Carolina,

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will require the full cooperation and assistance of each party hereto and all parties hereto desireto fully cooperate and assist in the effective and efficient procurement, implementation andoperation of the SoNCVet: Southwestern NC One-Call One Click Center for VeteransTransportation in Macon County, North Carolina, Clay County, North Carolina, CherokeeCounty, North Carolina, Swain County, North Carolina, and Jackson County, North Carolina, asprovided for herein; and

WHEREAS, in order to comply with said Grant Agreement and in order to begin theprocurement process for said SoNCVet: Southwestern NC One-Call One Click Center forVeterans Transportation, Macon County has duly advertised for Requests for Proposals for theSoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation project inMacon County, North Carolina, Clay County, North Carolina, Cherokee County, North Carolinaand Swain County, North Carolina, and with the option to add Jackson County in such project,and has entered into a contract with the vendor and all parties hereto are satisfied with thesame; ; and

WHEREAS, all parties hereto do desire to enter these Amendments to the Interlocal Agreementand Contract above-referenced, to signify their respective agreements to follow this theInterlocal Agreement and Contract as referenced hereinabove and as amended hereby and tofully cooperate and assist in the effective and efficient procurement, implementation andoperation of the SoNCVet: Southwestern NC One-Call One Click Center for VeteransTransportation in Macon County, North Carolina, Clay County, North Carolina, CherokeeCounty, North Carolina, Swain County, North Carolina, and Jackson County, North Carolina, inaccordance with the terms and conditions provided for herein.

NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE COVENANTS ANDCONDITIONS CONTAINED HEREINAFTER, THE PARTIES HERETO DO AGREE TO AMENDTHE INTERLOCAL AGREEMENT AND CONTRACT FOR THE PROCUREMENT,IMPLEMENTATION AND OPERATION OF THE SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation Project, on or about March 13, 2014, a copy of whichis attached hereto and incorporated herein by reference AS FOLLOWS:

1. That Jackson County, North Carolina, is hereby made a party to and a Principal in saidInterlocal Agreement and Contract.

2. Section 1. Designation of Lead Agency., of said Interlocal Agreement and Contract isamended and rewritten to read:

“The parties hereto hereby designate Macon County as the Lead Agency for theSoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportationproject in Macon County, North Carolina, Clay County, North Carolina, CherokeeCounty, North Carolina, Swain County, North Carolina and Jackson County, NorthCarolina. Macon County Transit and its Director shall lead the procurement,implementation and operation thereof in cooperation with the Transit Directors of theTransit Agencies of the other parties hereto. All other parties hereto and their TransitAgencies and Transit Directors shall work cooperatively with Macon County Transit asthe Lead Agency and its Director in connection with the procurement, implementationand operation of the SoNCVet: Southwestern NC One-Call One-Click Center forVeterans Transportation project in Macon County, North Carolina, Clay County, North

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Carolina, Cherokee County, North Carolina, Swain County, North Carolina, and JacksonCounty, North Carolina.”

3. Section 2. Purposes of Agreement., of said Interlocal Agreement is amended andrewritten to read as follows:

“The purposes of this Agreement ("Agreement") are threefold as follows:

(a). To allow the Procuring Agent to obtain proposals for demand responsescheduling and routing software, tablets, web portal, interactive voice responsetelephone system as part of the One Call One Click initiative for the SoNCVet:Southwestern NC One-Call One-Click Center for Veterans Transportation projectin Macon County, North Carolina, Clay County, North Carolina, CherokeeCounty, North Carolina, Swain County, North Carolina, and Jackson County,North Carolina, in accordance with applicable Federal and State law, and toenable procurement of the same by the Procuring Agent for itself and thePrincipals as provided for herein. All parties hereto understand and agree thatthe Procuring Agent has now obtained such a proposal and contracted with thevendor for the same and with the option to add Jackson County in such project.All parties hereto are satisfied with the same;

(b). For the Procuring Agent and the Principals to agree to cooperatively implementwithin Macon County, North Carolina, Clay County, North Carolina, CherokeeCounty, North Carolina, Swain County, North Carolina, and Jackson County,North Carolina, the SoNCVet: Southwestern NC One-Call One-Click Center forVeterans Transportation project in Macon County, North Carolina, Clay County,North Carolina, Cherokee County, North Carolina, Swain County, NorthCarolina, and Jackson County, North Carolina, in accordance with applicableFederal and State law, as provided for herein; and

(c). For the Procuring Agent and the Principals to agree to cooperatively operatewithin Macon County, North Carolina, Clay County, North Carolina, CherokeeCounty, North Carolina, Swain County, North Carolina, and Jackson County,North Carolina, the SoNCVet: Southwestern NC One-Call One-Click Center forVeterans Transportation project in Macon County, North Carolina, Clay County,North Carolina, Cherokee County, North Carolina, Swain County, NorthCarolina, and Jackson County, North Carolina, in accordance with applicableFederal and State law, as provided for herein.”

4. Section 3. Delegation of Authority., of said Interlocal Agreement is amended andrewritten to read as follows:

“The Principals hereby delegate unto the Procuring Agent the authority to conduct aRequest for Proposal for the Principals and the Procuring Agent for the purchase,delivery and installation of demand response routing and scheduling software, includingregional coordination, tablets, web access and interactive voice response telephonesystem (referred to hereafter as "Goods and Services") for the SoNCVet: SouthwesternNC One-Call One-Click Center for Veterans Transportation project in Macon County,North Carolina, Clay County, North Carolina, Cherokee County, North Carolina andSwain County, North Carolina, and with the option to add Jackson County in such

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project, and in accordance with the Public Transportation Section 5309 Capital GrantAgreement between the State of North Carolina and Macon County, DOT Number: DOT-19, and Project Number: 13-04-0052( hereinafter referred to as the “Grant Agreement” )a copy of which is on file with Macon County Transit and is incorporated herein byreference, and do hereby ratify in full its efforts in that regard. The Principals do furtherdelegate unto the Procuring Agent the authority to enter into procurement a contract forthe purchase of the Goods and Services on behalf of the Procuring Agent and on behalfof the Principals for the SoNCVet: Southwestern NC One-Call One-Click Center forVeterans Transportation project in Macon County, North Carolina, Clay County, NorthCarolina, Cherokee County, North Carolina, Swain County, North Carolina, and JacksonCounty, North Carolina, in accordance with the Public Transportation Section 5309Capital Grant Agreement between the State of North Carolina and Macon County, DOTNumber: DOT-19, and Project Number: 13-04-0052( hereinafter referred to as the “GrantAgreement” ) a copy of which is on file with Macon County Transit and is incorporatedherein by reference. This Agreement does not obligate the Procuring Agent or thePrincipals to purchase any of the Goods or Services. All parties hereto understand andagree that the Procuring Agent has now obtained such a proposal and contracted withthe vendor for the same and with the option to add Jackson County in such project. Allparties hereto are satisfied with the same”

5. Section 6. Award of Contract.., of said Interlocal Agreement is amended and rewrittento read as follows:

“The proposals shall be reviewed by the Transit Director for Macon County Transit andthe Transit Director will present a recommendation to the Macon County Commissionersfor the award of the procurement contract for the SoNCVet: Southwestern NC One-CallOne-Click Center for Veterans Transportation project in Macon County, North Carolina,Clay County, North Carolina, Cherokee County, North Carolina, and Swain County,North Carolina. All parties hereto shall comply with the provisions of N.C. Gen. Stat. §143-128.8 (d) which provides that such proposals shall not be subject to publicinspection until a contract is awarded. The Macon County Board of Commissioners mayconsider, but is not bound by the recommendation. Macon County, within its solediscretion, will award any procurement contract. Once the procurement contract hasbeen executed by the Procuring Agent for the benefit of the Procuring Agent and thePrincipals and the vendor, a copy of procurement contract shall be forwarded to thePrincipals. All parties hereto understand and agree that the Procuring Agent has nowobtained such a proposal and contracted with the vendor for the same and with theoption to add Jackson County in such project. All parties hereto are satisfied with thesame”

6. Section 8. Procurement., of said Interlocal Agreement is amended and rewritten toread as follows:

“Macon County as the Lead Agency for the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, ClayCounty, North Carolina, Cherokee County, North Carolina, Swain County, NorthCarolina, and Jackson County, North Carolina, and through Macon Transit Agency andits Director shall lead the procurement of the Goods and Services needed for theSoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportationproject in Macon County, North Carolina, Clay County, North Carolina, Cherokee

5

County, North Carolina, Swain County, North Carolina, and Jackson County, NorthCarolina. All other parties hereto and their Transit Agencies and Transit Directors agreeto and shall work cooperatively with Macon County Transit as the Lead Agency and itsDirector in connection with the procurement of goods and services necessary for theSoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation inMacon County, North Carolina, Clay County, North Carolina, Cherokee County, NorthCarolina, Swain County, North Carolina, and Jackson County, North Carolina, asproposed in the Grant Proposal prepared by Kim Angel, Transit Director for MaconCounty Transit, dated April 19, 2012, ( hereinafter referred to as the “Grant Proposal” ) acopy of which is on file with Macon County Transit and is incorporated herein byreference, and in accordance with the terms of the Public Transportation Section 5309Capital Grant Agreement between the State of North Carolina and Macon County, DOTNumber: DOT-19, and Project Number: 13-04-0052( hereinafter referred to as the “GrantAgreement” ) a copy of which is on file with Macon County Transit and is incorporatedherein by reference.”

7. Section 9. Implementation., of said Interlocal Agreement is amended and rewritten toread as follows:

“Macon County as the Lead Agency for the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, ClayCounty, North Carolina, Cherokee County, North Carolina, Swain County, NorthCarolina, and Jackson County, North Carolina, and through Macon Transit Agency andits Director shall lead the implementation thereof in cooperation with the TransitDirectors of the Transit Agencies of the other parties hereto. All other parties hereto andtheir Transit Agencies and Transit Directors agree to and shall work cooperatively withMacon County Transit as the Lead Agency and its Director as well as the vendorselected in connection with the implementation of the SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation in Macon County, North Carolina,Clay County, North Carolina, Cherokee County, North Carolina, Swain County, NorthCarolina, and Jackson County, North Carolina, as proposed in the Grant Proposalprepared by Kim Angel, Transit Director for Macon County Transit, dated April 19, 2012,( hereinafter referred to as the “Grant Proposal” ) a copy of which is on file with MaconCounty Transit and is incorporated herein by reference, and in accordance with theterms of the Public Transportation Section 5309 Capital Grant Agreement between theState of North Carolina and Macon County, DOT Number: DOT-19, and Project Number:13-04-0052( hereinafter referred to as the “Grant Agreement” ) a copy of which is on filewith Macon County Transit and is incorporated herein by reference.”

8. Section 10. Operation., of said Interlocal Agreement is amended and rewritten to readas follows:

“Macon County as the Lead Agency for the SoNCVet: Southwestern NC One-Call One-Click Center for Veterans Transportation project in Macon County, North Carolina, ClayCounty, North Carolina, Cherokee County, North Carolina, Swain County, NorthCarolina, and Jackson County, North Carolina, and through Macon Transit Agency andits Director shall lead the operation thereof in cooperation with the Transit Directors ofthe Transit Agencies of the other parties hereto. All other parties hereto and their TransitAgencies and Transit Directors agree to and shall work cooperatively with Macon CountyTransit as the Lead Agency and its Director in connection with the operation of the

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SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation inMacon County, North Carolina, Clay County, North Carolina, Cherokee County, NorthCarolina, Swain County, North Carolina, and Jackson County, North Carolina, asproposed in the Grant Proposal prepared by Kim Angel, Transit Director for MaconCounty Transit, dated April 19, 2012, ( hereinafter referred to as the “Grant Proposal” ) acopy of which is on file with Macon County Transit and is incorporated herein byreference, and in accordance with the terms of the Public Transportation Section 5309Capital Grant Agreement between the State of North Carolina and Macon County, DOTNumber: DOT-19, and Project Number: 13-04-0052( hereinafter referred to as the “GrantAgreement” ) a copy of which is on file with Macon County Transit and is incorporatedherein by reference.”

9. Section 11. Miscellaneous., of said Interlocal Agreement is amended and rewritten toread as follows:

“(a) Duration. This Agreement shall be 60-months unless terminated earlier by mutualagreement. The Agreement may be extended for such additional time as the parties alldeem appropriate. The governing body of each party hereto has determined that thisduration is reasonable by their approval and execution hereof. On such termination,obligations of either side that are still executory are hereby discharged, but any rightsbased on prior breach or performance survive. (b) Amendment and Termination. This Agreement may be amended by mutualagreement of the parties. This Agreement is terminated at the end of its duration asprovided for herein or as hereinafter modified or may be terminated in accordance withthe Agreement of all of the parties hereto.(c) Benefit of Agreement. This Agreement is for the benefit of only the parties heretoand not any other person, firm, or corporation.(e) Nature of Agreement and Transaction. Macon County has the responsibility underthis Agreement to conduct a procurement as described in this Agreement and to enterinto the procurement contract for the benefit of the Procuring Agent and the Principals,also as described in this Agreement. In performing under this Agreement, the ProcuringAgent is acting as the agent on behalf of the Principals, and on its own behalf and theProcuring Agent may also purchase Goods and Services for itself from the sameprocurement contract. The Procuring Agent does not warrant, or give any opinion, thatthis procedure, by which the procuring Agent solicits proposals and enters intoprocurement contract on behalf of the Principals, will be successful or effective. ThePrincipals shall not hold the Procuring Agent liable for any deficiencies in, or failure of,this procedure. The Principals shall indemnify the Procuring Agent for, and hold theProcuring Agent harmless from, any claim by any person, firm, or corporation regardingthis procedure or regarding the sale or purchase of the Goods and Services. ThePROCURING AGENT SHALL NOT BE LIABLE TO THE PRINCIPALS ON ANYEXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TOMERCHANTIABILITY OR FITNESS FOR A PARTICULAR PURPOSE) with respect toany of the Goods and Services. The parties hereto agree to procure, implement andoperate the SoNCVet: Southwestern NC One-Call One-Click Center for VeteransTransportation project in Macon County, North Carolina, Clay County, North Carolina,Cherokee County, North Carolina, Swain County, North Carolina, and Jackson County,North Carolina, as provided for hereinabove.(f) Method of Financing the Undertaking, Including the Apportionment of Costs and Revenues. The procurement of the Goods and Services for the SoNCVet: SouthwesternNC One-Call One-Click Center for Veterans Transportation will be financed as follows:

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Federal Funds in the amount of 80% of the actual net cost of the SoNCVet:Southwestern NC One-Call One Click Center for Veterans Transportation, not in excessof $459,873.00 from the Grant Agreement above-referenced;

Macon County shall pay the sum of $___________ unto Macon County as its share ofthe local share for the remaining 20% of the actual net cost of the SoNCVet:Southwestern NC One-Call One Click Center for Veterans Transportation. In addition,Macon County shall provide “in-kind” contributions to the project having a value of$___________, and such “in kind contributions must be approved by the FTA;

Clay County shall pay the sum of $ ___________unto Macon County, upon its executionof this Agreement as it share of the local share for the remaining 20% of the actual netcost of the SoNCVet: Southwestern NC One-Call One Click Center for VeteransTransportation. The same shall be held by Macon County and used by it solely for thisproject. In addition, Clay County shall provide “in-kind” contributions to the project havinga value of $___________, and such “in kind contributions must be approved by the FTA;

Cherokee County shall pay the sum of $ ___________unto Macon County as it share ofthe local share for the remaining 20% of the actual net cost of the SoNCVet:Southwestern NC One-Call One Click Center for Veterans Transportation. The sameshall be held by Macon County and used by it solely for this project. In addition,Cherokee County shall provide “in-kind” contributions to the project having a value of$____________, and such “in kind contributions must be approved by the FTA;

The State of Franklin Health Council, Inc., a North Carolina Non-Profit Corporation, shallpay the sum of $ ______________unto Macon County as it share of the local share forthe remaining 20% of the actual net cost of the SoNCVet: Southwestern NC One-CallOne Click Center for Veterans Transportation. The same shall be held by Macon Countyand used by it solely for this project. In addition, The State of Franklin Health Council,Inc., shall provide “in-kind” contributions to the project having a value of$____________, and such “in kind contributions must be approved by the FTA;

Jackson County shall pay the sum of $______________ unto Macon County as it shareof the local share for the remaining 20% of the actual net cost of the SoNCVet:Southwestern NC One-Call One Click Center for Veterans Transportation. The sameshall be held by Macon County and used by it solely for this project. In addition, JacksonCounty shall provide “in-kind” contributions to the project having a value of$___________, and such “in kind contributions must be approved by the FTA;

Each party hereto shall pay for all its employees which are required to implement andoperate the SoNCVet: Southwestern NC One-Call One-Click Center for VeteransTransportation project cooperatively with the other parties hereto.

Each party hereto shall be entitled to the fares that it charges for the rides that itprovides through the SoNCVet: Southwestern NC One-Call One-Click Center forVeterans Transportation project cooperatively with the other parties hereto.

(g) Each party hereto shall at its sole expense during the term of this Agreementmaintain, repair and if necessary replace such equipment placed into service in its homeCounty for use in connection with this project. Each party hereto shall be responsible for

8

payment of all maintenance and service fees, hosting fees and data charges incurredwithin their County for years 2-5. (h) Each party hereto shall ratify this Agreement by resolution of the its Governing Boardand spread the same upon its minutes.”

These Amendments to the Interlocal Agreement and Contract for the Procurement,Implementation and Operation of SoNCVet: Southwestern NC One-Call One-Click Center forVeterans Transportation Project, on or about March 13, 2014, a copy of which is attachedhereto and incorporated herein by reference have been executed by the Principals and theProcuring Agent by and through duly authorized representatives.

9

Macon County

By: ___________________________

___________________________ Name and Title

ATTEST:______________________________ __________________________Clerk

PREAUDIT CERTIFICATE

This instrument has been preadudited in the manner required by the Local Government Budget and Fiscal Control Act.

This the ___ day of ___________, 2014.

________________________________Macon County Finance Officer

10

Clay County, NC

By:______________________________

______________________________ Name and Title

ATTEST:__________________________________________________________Clerk



This the ___ day of ___________, 2014.

________________________________Clay County Finance Officer

11

Cherokee County, NC

By:____________________________

_______________________________ Name and Title

ATTEST:

_______________________________

___________________________Clerk


This instrument has been preadudited in themanner required by the Local Government Budgetand Fiscal Control Act.

This the ___ day of ___________, 2014.

________________________________Cherokee County Finance Officer

12

The State of Franklin Health Council, Inc.A North Carolina Non-Profit Corporation

By:_______________________________ _______________________________ Name and Title

13

Jackson County

By: ___________________________

___________________________ Name and Title

ATTEST:______________________________ __________________________Clerk



This the ___ day of ___________, 2014.

________________________________Jackson County Finance Officer

14

RESOLUTION CONCERNING APPROVAL OF THE ENTRY AND EXECUTION OFTHE AMENDMENTS TO THE INTERLOCAL AGREEMENT AND CONTRACTCONCERNING THE SoNCVet: Southwestern NC One-Call One Click Center for

Veterans Transportation project.

THAT WHEREAS, Macon County, NC, Clay County, NC, Cherokee County, The State ofFranklin Health Council, Inc., and Jackson County, NC, through their respective transportationagencies have indicated to one another that each desires to enter into the Amendments to the Interlocal Agreement and Contract concerning the SoNCVet: Southwestern NC One-Call One ClickCenter for Veterans Transportation project; and

WHEREAS, Amendments to the Interlocal Agreement and Contract concerning theSoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation project hasbeen prepared for execution by Macon County, NC, Clay County, NC, Cherokee County, The Stateof Franklin Health Council, Inc., and Jackson County, NC, and a copy of the same is attached heretoand incorporated herein by reference as if more fully set forth herein; and

WHEREAS, the Macon County Commissioners desire to by this Resolution authorize theentry and execution of these Amendments to the Interlocal Agreement and Agreement concerningthe SoNCVet: Southwestern NC One-Call One Click Center for Veterans Transportation project, acopy of which is attached hereto and incorporated herein by reference as if more fully set forthherein.

NOW THEREFORE, upon motion of Commissioner_____________________________,seconded by Commissioner_____________________________, and approved, be it hereby resolvedthat:

1. The Macon County Board of Commissioners do hereby specifically approve and authorizethe entry and the execution of these Amendments to the Interlocal Agreement and Contractconcerning the SoNCVet: Southwestern NC One-Call One Click Center for VeteransTransportation project for Macon County, NC, Clay County, NC, Cherokee County, TheState of Franklin Health Council, Inc., and Jackson County, NC, a copy of which is attachedhereto and incorporated herein by reference as if more fully set forth herein; and

2. That the Macon County Board of Commissioners specifically authorize the Chairman of theMacon County Board of Commissioners and the Clerk to the Board to execute theseAmendments to the Interlocal Agreement and Contract concerning the SoNCVet:Southwestern NC One-Call One Click Center for Veterans Transportation project for MaconCounty, NC, Clay County, NC, Cherokee County, The State of Franklin Health Council, Inc., and Jackson County, NC, a copy of which is attached hereto and incorporated herein byreference as if more fully set forth herein;

3. That this Resolution and the Attachment hereto shall be included in and spread upon the

1

minutes of the Meeting at which this Resolution is approved.

Read and approved by vote of those members in attendance, and adopted, in this July___ , 2014, Regular Meeting of the Macon County Board of Commissioners.

_______________________________________Chairman, Macon County Board of Commissioners

ATTEST:

_________________________________________Clerk to Macon County Board of Commissioners

( County Seal )

2


AGENDA ITEM


DEPARTMENT/AGENCY: County Attorney

SUBJECT MATTER: Ratification of telephone/e-mail poll regarding

cancelation of deed of trust for Thompsons


The board has received detailed prior correspondence from the County

Attorney on this matter, which concerned the need to have a deed of trust

held by Macon County canceled before July 7th

or Mr. and Mrs. Raymond

Thompson were at risk of losing a loan commitment. For the board’s

information, attached is a copy of the Satisfaction of Security Instrument,

signed by both the Chairman and the Clerk to the Board on July 2nd

and duly

notarized. The board will need to formally vote to ratify its action, which

allowed Chairman Corbin and the County Manager to cancel the deed of

trust on behalf of the county with the understanding that their action on

behalf of the county in connection with this matter would be ratified at the

regular meeting.



Agenda Item 10E


AGENDA ITEM


DEPARTMENT/AGENCY: Finance

SUBJECT MATTER: Resolution Changing the Due Date of the

Macon County Room Occupancy-Tourism Development Tax


Please see the attached resolution provided by the Finance Director, who can

provide additional details at the meeting. The resolution would change the

due date for the payment of the tax from the 15th to the 20

th day of each

month.



Agenda Item 10F

RESOLUTION CHANGING THE DUE DATE OF THE MACON COUNTY

ROOM OCCUPANCY-TOURISM DEVELOPMENT TAX

WHEREAS, Chapter 969, Senate Bill 948, ratified on July 11, 1986, authorized Macon

County to levy a room occupancy and tourism development tax; and,

WHEREAS, Macon County adopted a resolution levying a 3% room occupancy and

tourism development tax on August 18, 1986; and,

WHEREAS, Session Law 2007-527, Senate Bill 540, Section 21.(k) Subsection (c) of

Section 1 of Chapter 969 of the 1985 Session Laws reads as rewritten:

"(c) Administration. The county shall administer a tax levied under this act. A tax

levied under this act is due and payable to the county finance officer in monthly installments on

or before the 15th 20th day of the month following the month in which the tax accrues. Every

person, firm, corporation, or association liable for the tax shall, on or before the 15th 20th day of

each month, prepare and render a return on a form prescribed by the county. The return shall

state the total gross receipts derived in the preceding month from rentals upon which the tax is

levied. A return filed with the county finance officer under this act is not a public record as

defined by G.S. 132-1 and may not be disclosed except as required by law."

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS

OF MACON COUNTY, NORTH CAROLINA:

That Macon County change the due date for the room occupancy and tourism

development tax to the 20th

day of the month following the month in which the tax accrues in

accordance with Session Law 2007-527, Senate Bill 540 to be effective immediately upon

adoption of this Resolution.

Adopted this 8th

day of July, 2014.

Kevin Corbin, Chairman

Macon County Board of Commissioners

ATTEST:

Derek Roland, County Manager

Ex Officio Clerk to the Board


AGENDA ITEM


DEPARTMENT/AGENCY: Finance/Housing

SUBJECT MATTER: Grant Project Ordinance and Budget

Amendment for Housing Department


Please see the attached Grant Project Ordinance prepared by the Finance

Director, which appropriates funds for weatherization services provided by

the Macon County Housing Department. An accompanying budget

amendment is being prepared and will be presented in conjunction with this

project ordinance.



Agenda Item 10G

MACON COUNTY, NORTH CAROLINA GRANT PROJECT ORDINANCE

#1521WA GRANT

BE IT ORDAINED by the Macon County Board of Commissioners, Macon County, North Carolina, that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby adopted: SECTION 1. The project authorized is the Weatherization Services and HARRP Services administered through the NC Department of Environment and Natural Resources, Division of Energy, Mineral and Land Resources. SECTION 2. The officers of this unit are hereby directed to proceed with the grant project within the requirements of G.S. 159-26 and the budget contained herein. SECTION 3. The following amounts are appropriated for the project:

Weatherization Services DOE Weatherization Services DHHS HARRP Services DHHS Total

$ 30,424 83,976 44,321 $158,721

SECTION 4. The following revenues are anticipated to be available to complete the project:

DOE Funds DHHS Funds Total

$ 30,424 128,297 $158,721

SECTION 5. The Finance Director is hereby directed to maintain within the grant

project fund sufficient specific detailed accounting records to satisfy the requirements of G.S. 159-26. SECTION 6. Copies of this grant project ordinance shall be furnished to the County Manager and the Finance Director for direction in carrying out this project.

ADOPTED this 8th day of July, 2014.

______________________________ Kevin Corbin, Chairman Board of Commissioners


AGENDA ITEM



SUBJECT MATTER: Designation of Voting Delegate to NCACC

Annual Conference


Please see the attached form for more information, as the board needs to

designate a voting delegate to the North Carolina Association of County

Commissioners (NCACC) annual conference to be held in Asheville August

14-17, 2014. The form needs to be returned to the NCACC by August 1st.



Agenda Item 10H

Designation of Voting Delegate to NCACC Annual Conference

I, ______________________________________, hereby certify that I am the duly designated voting

delegate for ______________________________ County at the 107th Annual Conference of the North

Carolina Association of County Commissioners to be held in Buncombe County, N.C., on August 14-

17, 2014.

Signed: ______________________________________

Title:_______________________________________

Article VI, Section 2 of our Constitution provides:

“On all questions, including the election of officers, each county represented shall be entitled to one

vote, which shall be the majority expression of the delegates of that county. The vote of any county in

good standing may be cast by any one of its county commissioners who is present at the time the vote

is taken; provided, if no commissioner be present, such vote may be cast by another county official,

elected or appointed, who holds elective office or an appointed position in the county whose vote is

being cast and who is formally designated by the board of county commissioners. These provisions

shall likewise govern district meetings of the Association. A county in good standing is defined as one

which has paid the current year's dues.”

Please return this form to Sheila Sammons by: Friday, August 1, 2014:

NCACC

215 N. Dawson St.

Raleigh, NC 27603

Fax: (919) 719-1172

[email protected]

(p) (919) 715-4365

mailto:[email protected]


AGENDA ITEM



SUBJECT MATTER: Consent Agenda


A. Minutes – Consideration of the minutes from the June 10

th and June 16

th

meetings, per attachment 11A.

B. Finance – Consideration of Budget Amendment #1 and #2, per attachment 11B.

C. Tax releases – Consideration of tax releases in the amount of $41.06, per

Attachment 11C. The supporting documentation is on file in the Deputy Clerk’s

office.

D. Monthly Tax Collection Report – For the board’s information, the monthly ad

valorem tax collection report is attached as attachment 11D. It does not require

board action.



Agenda Item 11(A), (B) (C) and (D)

Minutes

06.10.14 Page 1 of 6

MACON COUNTY BOARD OF COMMISSIONERS JUNE 10, 2014

MINUTES

Chairman Corbin called the meeting to order at 6:01 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 recognized Commissioner Beale, who was one of 22 county officials from across the nation who attended the County Leadership Institute June 1-5, 2014 in Washington, DC. Chairman Corbin

also recognized Dakota Holland, an eighth grader at Union Academy, who came to the aid of a fellow student who suffered a head injury when the school bus

in which they were riding came to an abrupt stop. Chairman Corbin praised Mr. Holland for his actions and presented him with a small gift on behalf of the board.

MOMENT OF SILENCE: Chairman Corbin asked those in attendance to

observe a moment of silence. PLEDGE TO THE FLAG: Led by Commissioner Higdon, the pledge to the flag

was recited. PUBLIC HEARING ON THE RECOMMENDED FISCAL YEAR 2014-2015

BUDGET: Chairman Corbin opened the hearing at 6:08 p.m. and noted that no one had signed up to speak. He recognized the County Manager, who used

a PowerPoint presentation to review changes that had been made to the original proposed budget following adjustments that were requested by the board during its May 31st budget work session. He explained that the updated

budget contained an additional $200,000 in recommended expenditures, including: $10,600 for perimeter fencing at the county detention center, a $100,000 increase in school capital outlay funding, $30,000 for REACH,

$15,000 for the Community Care Clinic, an additional $39,400 for Southwestern Community College, and $5,000 more for Highlands recreation.

Following a brief discussion of security issues at the detention center, the

Minutes

06.10.14 Page 2 of 6

County Manager said that he had found $201,358 in additional operating revenue to balance the additional expenditures. Of that total, $133,358 will

come from the difference in the allocation to the Parker Meadows Recreational Complex project, with the remaining $68,000 resulting from the renovations to

the “Molar Roller” being switched from operating funds to an appropriation from fund balance. He also outlined changes in the EMS budget as the purchase of a new ambulance will be delayed, allowing for the hiring of two

additional full-time EMTs for the Franklin base and the addition of shift supervisor duties for four employees. According to the County Manager, the county’s fund balance position has been stabilized, all of the recommendations

from the work session have been included in the budget, expenditures are “sustainable,” there is no tax increase or reduction in the budget and service

continues to be provided at the same high level. The end result is a recommended budget of $45,721,122. Following the presentation, Chairman Corbin again opened the floor for comment, and no one spoke. Commissioner

Higdon said he was pleased with the “analytical process” employed on the budget, and Chairman Corbin said he was “very pleased with the budget.” He

noted that debt service in the amount of $1.2-million was rolling off, to be followed by $800,000 more in the next fiscal year. After further discussion, Chairman Corbin closed the hearing at 6:36 p.m. No action was taken.

Pointing out that the board would need to meet again to adopt the budget, and with Franklin High School’s graduation scheduled for Tuesday, June 17th, he suggested the board recess the meeting until Monday, June 16th at 6 p.m.

PUBLIC COMMENT: Chairman Corbin noted that no one signed up to speak.

ADJUSTMENTS TO AND APPROVAL OF THE AGENDA: Upon a motion by Commissioner Haven, seconded by Commissioner Beale, the board voted

unanimously to approve the agenda as adjusted, as follows:

To add a presentation regarding grant opportunities for Macon County

Public Health as Item 8B under Reports/Presentations, per the County

Manager.

To add discussion regarding a fire suppression system for the kitchen at

the Macon County Heritage Center as Item 10G under New Business, per Commissioner Beale.

WESTERN NORTH CAROLINA TEEN INSTITUTE: Cindi Gatti, representing the Western North Carolina Teen Institute, introduced her two sons, Brian and Dakota, and thanked the board for its allocation that allowed students from

Macon County to attend a conference at Lake Junaluska in March of this year. The institute trains, mobilizes and empowers youth to prevent substance abuse

and destructive behaviors in themselves and their peers, and she noted that

Minutes

06.10.14 Page 3 of 6

one of the accomplishments was a “Sticker Shock” event aimed at helping reduce underage drinking. She explained that the institute was seeking

$1,125 in funding to send students to an upcoming conference at Mars Hill College. Brian Gatti, a senior at Nantahala High School, talked about

attending these conferences, and his brother, Dakota, spoke to the “culturalization aspect” of them. Brian Gatti said he planned to try to be one of the first to continue the institute into a college campus setting when he attends

Western Carolina University. No action was taken. REGIONAL HEALTH GRANTS: Macon County Public Health Director Jim

Bruckner alerted the board to new grant opportunities that were available and asked for letters of support from the commission and permission to apply for

them. Mr. Bruckner explained that he had appeared before the board two years ago for approval to apply for a Community Transformation Grant from the Centers for Disease Control (CDC). This grant encompassed an eight-

county area, and was locally branded under the title of “MountainWise.” The problem is that funding for this program was eliminated from the Affordable

Care Act as the five-year grant was cut to two years and will end September 30, 2014. However, Mr. Bruckner said new opportunities for regional collaboration are now available, including two new CDC funding opportunities. The first is a

state level grant for prevention in public health funding that will address chronic disease such as hypertension, diabetes and obesity. The second is a regional level grant that would form a partnership to improve community

health funding and would address active living, eating healthy and a tobacco-free environment. Mr. Bruckner provided details as to funding levels,

participation from other counties and application deadlines. He also asked the board for a letter of support to the Community Foundation of WNC regarding a one-time $30,000 grant to enhance the current “MountainMarkets” project,

which is tied to the current Community Transformation Grant effort and is focused on access to healthy foods. In closing, Mr. Bruckner said some of the county health departments were considering joining together to form a 501(c)3

organization in order to apply for these types of grants. Upon a motion by Commissioner Higdon, seconded by Commissioner Haven, the board voted

unanimously to grant permission for the applications to be submitted and to provide letters of support as needed.

GRADING CONTRACT FOR PARKER MEADOWS RECREATIONAL COMPLEX: The County Attorney told the board that he had reviewed the

contract with Penland Contracting Co., Inc. to perform the sitework at the Parker Meadows Recreational Complex, and had found it to be “in good shape.” The board agreed to award the bid in the amount of $1,225,144 to Penland

Contracting at its May 31st meeting. The County Attorney said the necessary payment and performance bonds were in order, and recommended that the County Manager be authorized to execute the contract. Upon a motion by

Minutes

06.10.14 Page 4 of 6

Commissioner Tate, seconded by Commissioner Beale, the board voted unanimously to approve the County Attorney’s recommendation as presented.

FRANKLIN AREA CHAMBER OF COMMERCE FIREWORKS: Following a

brief explanation from the County Attorney, and upon a motion by Commissioner Beale, seconded by Commissioner Haven, the board voted unanimously to approve permits for fireworks displays in Franklin on July 4th

and in Nantahala on July 5th. FENCING CONTRACT FOR PARKER MEADOWS RECREATIONAL

COMPLEX: The County Manager explained that the contract for the fencing at the Parker Meadows Recreational Complex could not be awarded at this time,

as all of the necessary funding is not in place pending approval of the county’s loan application to the Local Government Commission (LGC). There was discussion as to whether the county could take the approximately $65,000

needed from fund balance and transfer it to the capital project ordinance, and then reimburse itself from the proceeds of the upcoming loan. The County

Attorney is reviewing the matter and will provide the board with an opinion letter. No action was taken.

BUILDING CONTRACT FOR PARKER MEADOWS RECREATIONAL COMPLEX: For the board’s information, the County Manager noted that one bid of $499,500 had been received for the buildings, including two concession

stands, a picnic shelter and 16 dug-outs, for the Parker Meadows Recreational Complex. No action was taken.

ARCHAEOLOGICAL MONITORING AT PARKER MEADOWS RECREATIONAL COMPLEX: The County Manager asked the board to consider a proposal from

TRC Environmental Corporation to provide archaeological monitoring at the Parker Meadows Recreational Complex, and to authorize charges of up to $15,000 for the service. Upon a motion by Commissioner Beale, seconded by

Commissioner Haven, the board voted unanimously to approve the proposal as presented, a copy of which is attached (Attachment 1) and is hereby made a

part of these minutes. HUDSON LIBRARY LEASE RENEWAL: The County Attorney pointed out that

it was time for the board to consider its option to renew the lease agreement regarding the Hudson Library in Highlands. The term of the lease is for $1 per

year, but the board must give appropriate and timely notice of its intent to renew, and the County Attorney recommended that the board exercise its option. Upon a motion by Commissioner Haven, seconded by Commissioner

Beale, the board voted unanimously to exercise its renewal option as presented.

Minutes

06.10.14 Page 5 of 6

DISCLAIMER FOR GIS WEBSITE: The County Manager explained that employees in the county Mapping Department brought to his attention the

need for a disclaimer to be placed on the county’s Geographic Information System (GIS) website. Similar to one used in Transylvania County, the

disclaimer would state in part that, “Mapping information is a representation of various data sources and is not a substitute for information that would result from an accurate land survey.” The County Manager recommended adding this

language to the website, with the County Attorney agreeing that it was “a very wise move to make.” Upon a motion by Commissioner Haven, seconded by Commissioner Tate, the board voted unanimously to add a disclaimer to the

GIS website as presented.

“CORRIDOR K” RESOLUTION: Chairman Corbin said that the county had received a request from Graham County officials seeking support from neighboring counties for a resolution “Advocating for the completion of the

federally mandated relocation of Highway 74, also known as Corridor K, to areas currently designated as Highway 28, NC 143 and US 129.”

Commissioner Beale commented that this effort had been ongoing for 42 years, and made a motion to approve the resolution as presented, which was seconded by Commissioner Tate. The board voted 4-1 to approve the motion,

with Commissioner Higdon opposing. A copy of the resolution is attached (Attachment 2) and is hereby made a part of these minutes.

FIRE SUPPRESSION SYSTEM FOR HERITAGE CENTER: Commissioner Beale spoke to the need for a fire suppression system for the kitchen at the

Macon County Heritage Center at the Historic Cowee School. Per Commissioner Beale, the cost of the system would be $2,600 and would make the facility a “full commercial kitchen,” which he indicated would be a big step toward the

center becoming self-sustaining. During discussion, the Finance Director explained that there was approximately $54,000 remaining in contingency. Commissioner Tate made a motion to purchase the system for the center at a

cost of $2,600, with the funding to come from contingency, and Commissioner Beale seconded the motion. The board voted 3-2 to approve the motion, with

Commissioners Beale, Corbin and Tate in favor and Commissioners Haven and Higdon opposing.

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

unanimously approved: Minutes – Approved the minutes from the May 13 and May 31, 2014 meetings. Budget amendments – Approved the following budget amendment: #183 for the JCPC Grants to appropriate $2,258 in

additional grant funds for JCPC Administration, with no match needed from the county; (Revision with corresponding number attached.) Tax releases – Approved tax releases in the amount of $97.16 (A computer printout of releases

Minutes

06.10.14 Page 6 of 6

is on file in the Tax Department and the County Manager’s office). Monthly ad valorem tax collection report – No action necessary.

APPOINTMENTS: (1) Board of Health – Upon a motion by Commissioner

Higdon, seconded by Commissioner Haven, the board voted unanimously to reappoint Russell Stevenson, Dr. Nathan Brenner and Dr. Frederick Berger to the Board of Health, all for terms of three years, beginning July 1, 2014. Mr.

Stevenson fills the engineer slot, Dr. Brenner the dentist slot, and Dr. Berger the physician slot on the board.

FIRE DISTRICT TAX RATES: The Finance Director questioned the final tax rates for those districts seeking tax increases so as to prepare the budget

ordinance for Fiscal Year 2014-15 for the board’s consideration. Commissioner Tate explained that the requested increase for Mountain Valley Fire & Rescue from 7.7 cents to 8.0 cents had been accepted. However, the request from

Clarks Chapel Fire-Rescue to move from 4.2 cents to 5.9 cents was adjusted downward to an increase to 5.5 cents. There was also a brief discussion

regarding the request from the Western North Carolina Teen Institute made earlier in the meeting, but no action was taken.

RECESS: At 7:40 p.m., upon a motion by Commissioner Higdon, seconded by Commissioner Haven, the board voted unanimously to recess the meeting until Monday, June 16, 2014 at 6 p.m. in the commission boardroom on the third

floor of the Macon County Courthouse, 5 West Main Street, Franklin, NC.

_____________________________ ______________________________

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

Minutes

06.16.14 Page 1 of 3


CONTINUED SESSION JUNE 16, 2014

MINUTES

Chairman Corbin reconvened the meeting at 6:04 p.m. in the commission boardroom as recessed from the June 10, 2014 regular meeting. All board

members, the County Manager, Deputy Clerk, Finance Director, County Attorney, members of the news media and interested citizens were present.

ADOPTION OF THE FISCAL YEAR 2014-15 BUDGET AND BUDGET ORDINANCE: Commissioner Haven made a motion to adopt the budget

ordinance for Fiscal Year 2014/2015 as presented. The motion was seconded by Commissioner Tate. Commissioner Higdon expressed his appreciation to

the County Manager and the Finance Director for their work. Chairman Corbin noted that the proposed budget of $45,721,122 was approximately $1.4 million less than the current year budget, adding that Macon County is in an

“enviable position” and that the budget reflects “excellent services to our county residents.” Commissioner Haven told the County Manager and Finance Director that he was “really impressed” with the budget. The board voted

unanimously to approve the Budget Ordinance for Fiscal Year 2014/2015 as presented, a copy of which is attached (Attachment 1) and is hereby made a

part of these minutes. GRANT PROJECT ORDINANCE FOR HOUSING DEPARTMENT: The Finance

Director explained the need for a capital project ordinance for the Weatherization Services and HARRP Services administered through the NC

Department of Commerce Energy Division and administered locally by the Macon County Housing Department. The ordinance formally appropriates $320,347 for these services. Upon a motion by Commissioner Beale, seconded

Minutes

06.16.14 Page 2 of 3

by Commissioner Haven, the board voted unanimously to adopt the Grant Project Ordinance as presented, a copy of which is attached (Attachment 2) and

is hereby made a part of these minutes.

ORDINANCE AMENDMENT FOR THE FISCAL YEAR 2013-14 BUDGET – Upon a motion by Commissioner Haven, seconded by Commissioner Tate, the board voted unanimously to approve an “Ordinance Amending the Fiscal Year

2013/2014 Budget” as presented by the Finance Director, with the final amount being $48,917,798. A copy of the ordinance is attached (Attachment 3) and is hereby made a part of these minutes.

RESOLUTION APPROVING FINANCING TERMS FOR PARKER MEADOWS

RECREATIONAL COMPLEX: The Finance Director and County Attorney presented a resolution for the board’s consideration regarding financing terms for a $1.8-million loan to help develop the Parker Meadows Recreational

Complex. Chairman Corbin noted that the interest rate is 2.29 percent for the 10-year term of the loan and that there is no pre-payment penalty, and the

County Attorney pointed out that the Finance Director had worked out an agreement calling for equal principal payments over the term of the loan. Commissioner Beale asked for assurance that there was no problem with him

voting on the matter, as the loan is with Macon Bank and Commissioner Beale serves on the bank’s board of directors. The County Attorney explained that there was no conflict of interest unless Commissioner Beale held a certain

percentage of the bank’s stock. Upon a motion by Commissioner Haven, seconded by Commissioner Tate, the board voted unanimously to approve the

“Resolution Approving Financing Terms” as presented, a copy of which is attached (Attachment 4) and is hereby made a part of these minutes. In a related item, the County Attorney explained that by approving the resolution,

the board did not need to vote on the Financing Agreement and Deed of Trust between the county and Macon Bank, as the resolution effectively authorized the agreement. By consensus, the board also agreed to table consideration of

the fencing contract for the recreational complex until its July 8, 2014 regular meeting.

FUNDING FOR MACON PROGRAM FOR PROGRESS: Commissioner Beale asked the board to consider providing additional funding for Macon Program

for Progress (MPP). He noted that the county had already allocated $24,000 during the current fiscal year to help the agency with administrative costs, and

asked the board to consider an additional $12,000 to assist them during the next six months. The Finance Director explained that $52,000 remained in the county’s contingency line item. Commissioner Beale made a motion to

authorize the Finance Director to move $12,000 from contingency into an established line item for MPP prior to June 30, 2014. Following discussion regarding possible reimbursement, Commissioner Tate seconded the motion.

Minutes

06.16.14 Page 3 of 3

After further discussion, the board voted unanimously to approve a budget amendment for special appropriations to move $12,000 from contingency to

MPP to assist the agency with administrative costs due to the federal government reducing their administrative funds. A copy of the budget

amendment is attached (Attachment 5) and is hereby made a part of these minutes.

MACON COUNTY SCHOOLS CAPITAL OUTLAY REQUEST: The Finance Director explained that she had received a request from Macon County Schools to shift some capital outlay funds earmarked for the window

repair/replacement project at Franklin High School to help pay for the unexpected purchase of compressors for HVAC units at Cartoogechaye School

that went out at the end of the school year. This would involve moving funds from one category to another and thus required board approval. Upon a motion by Commissioner Beale, seconded by Commissioner Haven, the board

voted unanimously to approve the request as presented and move $21,958.40 from “Category I” to “Category II” within the schools capital outlay budget.

CLOSED SESSION: At 6:22 p.m., upon a motion by Commissioner Beale, seconded by Commissioner Haven, the board voted unanimously to go into

closed session for the purpose of consulting with the attorney under NCGS 143-318.11(a)(3). At 6:36 p.m., upon a motion by Commissioner Tate, seconded by Commissioner Haven, the board voted unanimously to come out of closed

session and return to open session. No action was taken.

At 6:37 p.m., upon a motion by Commissioner Beale, seconded by Commissioner Haven, the board voted unanimously to adjourn.

_____________________________ ______________________________ Derek Roland Kevin Corbin

Ex Officio Clerk to the Board Board Chairman


AGENDA ITEM



SUBJECT MATTER: Appointments


(A) Airport Authority – Please see the attached letter from Miles

Gregory, which seeks to have Richard Rhodes fill the unexpired term

of Harold Corbin.

(B) Community Advisory Committee for Long Term Care – Please

see the attached e-mail from Larry Reeves, the Long Term Care

Ombudsman for Region A, which requests the reappointment of Pam

Goldsmith and the Rev. Gene Hawkins to this committee.


Attachments ___ Yes _X No

Agenda Item 12(A)

07/08/2014 macon county commissioners

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