Macon County Board of Commissioners Agenda Packet for 08-14-2012

7/31/2019 Macon County Board of Commissioners Agenda Packet for 08-14-2012

1/76

MACON COUNTY BOARD OF COMMISSIONERSAUGUST 14, 2012

AGENDA

1. Call to order and welcome by Chairman Corbin2. Announcements3. Moment of Silence4. Pledge of Allegiance5. Public Comment Period6. New Business

A. Resolution Approving Financing Terms Finance DirectorB. Appointment Southwestern Community College (SCC) Board

of Trustees

NOTE: The board will recess this meeting until Tuesday, August21, 2012 at 6 p.m. in the commission boardroom on the third floorof the Macon County Courthouse located at 5 West Main Street,

Franklin, NC.

Upon reconvening on the 21st

7. Public Hearing(s) 6:00 p.m. Proposed amendments to andrestatement of Chapter 155 of the Macon County Code concerningVoluntary Farmland PreservationNOTE: Consideration of the proposed amendments willimmediately follow the public hearing.

8. Public Comment Period9. Adjustments to and approval of the agenda10.Reports/Presentations

A. New Hope Cemetery Andrew BaldwinB. Business plan for the Macon County Heritage Center at the

Historic Cowee School Stacy Guffey


2/76

11.Old BusinessA. Specifications for pool and pool house renovations

12.New BusinessA. Request for contract and franchise extension Bonita Hamstra,

J&B DisposalB. Approval of fire district map for Nantahala Jimmy TeemC. Resolution and renewal of lease agreement with Forex Currency

Trade Advisors, LLC County AttorneyD.Change order on the Little Tennessee River/Cartoogechaye

Creek Trunk Sewer Project McGill AssociatesE. Memorandum of Agreement with the NC Wildlife Resources

Commission for Prentiss Bridge Access Area County Planner

13.Consent Agenda Attachment #13All 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 ofCommissioners.

A. Minutes of the July 10th and July 26th meetingsB. Budget amendmentsC.Tax releasesD.Tax refundsE. 2011 Tax Settlement ReportF. Monthly ad valorem tax collection report

14.AppointmentsA. Planning Board

15.Closed session (if necessary)A. Per G.S. 143-318.11(a)(4) To discuss matters relating to the

location or expansion of industries or other businessesB. Per G.S. 143-318.11(a)(3) To consult with the attorney

16.Adjournment/Recess


3/76

MACON COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM

MEETING DATE: August 14, 2012

DEPARTMENT/AGENCY: Finance

SUBJECT MATTER: Resolution Approving Financing Terms

DEPARTMENT HEAD COMMENTS/RECOMMENDATION:

Please see the attached memo from Finance Director Lori Hall regardingrequests for proposals for the financing of computer equipment in theamount of $1.5 million. Her recommendation is to award the bid to BB&TGovernmental Finance at an interest rate of 1.44 percent. A ResolutionApproving Financing Terms is also attached for your consideration.

COUNTY MANAGERS COMMENTS/RECOMMENDATION:

Attachments ___2__ Yes ___ No

Agenda Item 6A


4/76


5/76


6/76


7/76


AGENDA ITEM


DEPARTMENT/AGENCY: Governing Board

SUBJECT MATTER: Appointment to Southwestern Community

College (SCC) Board of Trustees


Please see the attached application from Gary Shields, who currently holds

the seat on the SCC board. Mr. Shields was appointed in July of 2011 to fill

the unexpired term of Charles Leatherman. The commissions

recommendation will then be forwarded to the Jackson County Board of

Commissioners.


Attachments __1__ Yes ___ No

Agenda Item 6B


8/76


9/76


AGENDA ITEM



SUBJECT MATTER: Voluntary Farmland Preservation Ordinance


A public hearing on amendments to and a restatement of this ordinance has

been properly advertised for 6 p.m. on Tuesday, August 21st. A copy of the

proposed revised ordinance is attached for your consideration. The County

Attorney and Soil Conservation Supervisor Mike Breedlove can provide

additional details and answer questions at the meeting. Following the close

of the public hearing, the board may consider the amendments to and

restatement of Chapter 155 of the Macon County Code.



Agenda Item 7


10/76


11/76

financial health of agriculture, horticulture and forestry; and increase protection from non-farm development and other

negative impacts on properly managed farms.

ARTICLE IVDEFINITIONS

The following are defined for purposes of this Ordinance:

Advisory Board: Macon County Agricultural Advisory Board.

C hairperson: Chairperson of the County Agricultural Ad visory B oard.

Dis tr ic t: Voluntary Agricultural Dis tr ic t as estab lished by th is ord inance .

Board of Commissioners: Macon C ounty Board of Commissioners.

ARTICLE V

AGRICULTURAL ADVISORY BOARD

A. Creation

The Board of Commissioners shall establish an Agricultural Advisory Board to implement the provisions of

this program.

B. Membership

The Advisory Board shall consist of no less than five (5) members appointed by the Board of Commissioners.

C. M embership Requirements

1. Each Advisory Board member, except those serving in an ex officio capacity, shall be a Macon County

resident or landowner.

2. At least three (3) of the members shall be actively engaged in farming, horticulture and/or forestry.

Of the members actively engaged in farming, horticulture and/or forestry there shall be at least one

such member from each Voluntary Agricultural District in Macon County. This determination shall

be made without reference to ex officio members.

3. The members actively engaged in farming, horticulture and/or forestry as well as other members, shall

be selected for appointment by the Board of Com missioners from the names of individuals submitted

to the Board of Commissioners by the Soil and Water C onservation District Board of Supervisors, the

County Office of North Carolina Cooperative Extension, the U.S. Farm Service Agency CountyCommittee, nonprofit agricultural organizations, conservation organizations, agribusiness, horticultural

businesses, forestry businesses, and the public at large.

4. Additional members may be appointed to the Board in an ex officio capacity from the Soil and Water

Conservation District Board, North Carolina Cooperative Extension, the U.S. Farm Service Agency,

2


12/76

or other agencies, as deemed necessary by the Board of Comm issioners. Members serving in an ex

officio capacity shall neither vote nor count toward quorum requirements.

D. Tenure

The initial board is to consist of one (1) appointee for terms of one year; two (2) appointees for terms of two

years; and two (2) appointees for terms of three years. Therea fter, all appointments are to be for terms of three years,

with reappointment permitted.

E. Vacancies

Any vacancy on the Advisory Board is to be filled by the Board of Commissioners for the remainder of the

unexpired term.

F. Removal

Any member of the Advisory Board may be removed by the Board of Commissioners upon a two-thirds vote

of the Commissioners. No cause for removal shall be required.

G. Funding

The per diem compensation, if any, of the members of the Advisory Board may be fixed by the Board of

Commissioners and funds may be appropriated to the Advisory Board to perform its duties.

H. Advisory Board Procedure

1. Chairperson

The Advisory Board shall elect a chairperson and vice-chairperson each year at its first meeting of the

fiscal year. The chairperson shall preside over all regular or special mee tings of the Advisory Boa rd.

In the absence or disability of the chairperson, the vice-chairperson shall preside and shall exerciseall the powers of the chairperson. Additional officers may be elected as needed.

2. Determination of Procedure

The Advisory Board may adopt rules of procedure not inconsistent with this Ordinance or with other

provisions of State law.

3. Advisory Board Year

The Advisory Board shall use the Macon County fiscal year as its meeting year.

4. Meetings

Meetings of the Advisory Board shall be held at the call of the chairperson and at such other times as

the Advisory Board may specify in its rules of procedure or upon the request of at least a majority of

the Advisory Board Membership. A meeting shall be held at least annually and notice of any

meetings to the members shall be in writing, unless otherwise agreed to by all Advisory Board

members. Meeting dates and times shall be posted as far in advance as possible on the door of the

meeting site and by advertisement in local newspapers or by other means of public dissemination of

3


13/76

the meeting dates as may be agreed upon by at least a majority of the Advisory Board Membership.

All meetings shall be open to the public.

5 . M ajority V ote and Quorum Requirements

All issues shall be decided by a majority vote of the members of the Advisory Board present, except

as otherwise stated herein. A quorum is defined as at least two-thirds of the members in attendance.

No business may be conducted by the Advisory Board without a quorum present.

6. Records

The Advisory Board shall keep minutes of the proceedings showing the vote of each member upon

each question, or if absent or failing to vote, indicating such fact, and shall keep records of its

examinations and other o fficial actions, all of which shall be filed in the office of the Advisory Boa rd,

or its designee, and shall be a public record. All records are public records open to the public.

7. Administrative

The Advisory Board may contract with the Macon County Soil & Water Conservation District office

to serve the Board for record keeping, correspondence, application procedures under this, and

whatever services the Board needs to complete its duties.

I. Duties

The Advisory Board shall:

1. Review and approve or disapprove applications of landowners for enrollment of qualified farmland,

horticultural land, or forestland into a District;

2. Make recommendations concerning the establishment and modification of Districts;

3. Conduct public hearings;

4. Advise the Board of Commissioners on projects, programs, or issues affecting the agricultural

economy and agricultural, horticultural or fo restry activities within the county that will affect Districts;

5. Review and make recommendations concerning proposed amendments to this ordinance;

6. Develop and maintain a draft countywide farmland protection plan as defined in N.C.G.S. 106-744

(e) for presentation to the Board of Commissioners;

7. Study additional methods of protection for farming, horticulture, forestry, and the attendant land base,

and make recommendations to the Board of Commissioners; and

8. Perform other agricultural, horticultural, and forestry-related tasks or duties assigned by the Board of

Commissioners.

ARTICLE VI

CREATION OF VOLUNTARY AGRICULTURAL DISTRICTS

4


14/76

A. Regions

Macon County is hereby divided into four (4) regions as defined below: County map divided into 4 regions

1. North

2. South

3. East

4. West

County currently divided into 4 contiguous regions. The number of regions, if needed, may be changed by

farmer request.

B. Implementation

In order to implement the purposes stated in Article III, this program provides for the creation of Voluntary

Agricultural Districts, which meet the following standards:

The District shall meet the requirements in the application process

All land enrolled in a region, defined in section A, above, shall be part of a single District. If a single

farm has acreage in two or more regions, the farm shall participate in the District where the largest

acreage is found. All land in a region as defined in section A, above, shall be treated as a single

District.

C. Education

The county may take such action as it deems appropriate through the Advisory Board or other entities orindividuals to encourage the formation of the Districts and to further their purposes and objectives, including the

implementation of a public information program to reasonably inform landowners of the Voluntary Agricultural District

program.

D. Addition

Qualifying farmland in a region with an existing District shall be added to the District as herein provided.

ARTICLE VII

CERTIFICATION AND QUALIFICATION OF FARMLAND

Requirements

To secure county certification as qualifying farmland in either a Voluntary Agricultural District, a farm must:

1. Contain at least an acre ( 1 acre ) of farmland that is being actively farmed and has been farmed for

a minimum of three ( 3 ) years. Proof, including receipts from sales or other forms of validation of

this farming activity is required to be submitted with the application. Notwithstanding the foregoing,

5


15/76

farms which were on August 21, 2012, participating in the Voluntary Agricultural District program

will not be required to provide additional proof of farming activities.

2. Be managed, if highly erodible land exists on the farm, in accordance with the Natural Resources

Conservation Service defined erosion-contro l practices that are addressed to said highly-erodible land;

3. Be the subject of a conservation agreement, as defined in N.C.G.S. 121-35, between the county and

the owner of such land that prohibits non-farm use or developmen t of such land for a period of at least

ten years, except for the creation of not more than three lots that meet applicable county zoning and

subdivision regulations; and

4. Be located in the unincorporated area of Macon County, unless there is an agreement with a

municipality through which the county is authorized to exercise the authority of the municipality on

its behalf.

ARTICLE VIII

APPLICATION, APPROVAL, AND APPEAL PROCEDURE

A. Application Procedure

1. A landowner may apply to participate in the Voluntary Agricultural District program by making

application to the chairperson of the Advisory Board or a designated staff person. The application shall

be on forms provided by the Advisory Board.

2. A conservation agreement (required by N.C.G.S. 106-737 and defined in N.C.G.S. 121-35) to

sustain, encourage, and promote agriculture must be executed by the landowner with the Advisory

Board, which shall record a certified copy of such with the Macon County Register of Deeds.

Permitted uses include agriculture, horticulture, forestry, and outdoor recreation.

B. Approval Process

1. Upon submission of the application to the Advisory Board, the Advisory Board shall meet within thirty

(30) days to approve or disapprove the application. The chairperson shall notify the applicant by first

class mail of approval or disapproval of participation in a District.

2. Upon receipt of an application, the chairperson will forward copies immediately to the following

offices which shall be asked to provide com ments, if any, to the Advisory Board prior to the date set

for the Advisory Board vote on the application:

a. The Macon County tax assessor;

b. The Macon County Soil and Water Conservation District office;

c. The Macon County Planner

d. The Macon Office of N.C. Cooperative Extension; ande. The Natural Resources Conservation Service.

3. It is strongly recommended that all landowners with Voluntary Agricultural District programs register

their property at the Macon County Register of Deeds. T his process serves the farmers as a means of

protection and strengthens their "right to farm" laws. The cost of registration is the property owner's

responsibility.

6


16/76

C. Appeal

If an application is denied by the Advisory Bo ard, the landowner may, within fifteen (15) days of notification

of disapproval of the application, request in writing that the Advisory Board reconsider its decision. The request for

reconsideration shall state the reason(s) therefore. Upon reconsidera tion, the landowner shall have thirty (30) days fromthe date of notification to appeal the decision to the Board of Commissioners. Such appeal shall be presented in writing.

The decision of the Board of Commissioners is final.

ARTICLE IX

REVOCATION, ENFORCEMENT AND RENEWAL OF CONSERVATION AGREEMENTS

A. Revocation and Enforcement

By providing 30 days advance written notice to the Advisory Board, a landowner of qualifying farmland within

a District may revoke the Conservation Agreement or the Advisory Board may revoke the same Conserva tion Agreement

based on noncompliance by the landowner, subject to the same provisions as contained in Article VIII(C) for appeal of

denials. Such revocation shall result in loss of qualifying farm status and loss of eligibility to participate in a District.Absent noncompliance by the landowner, neither the Advisory Board nor the Board of Commissioners shall revoke any

Conservation Agreement prior to its expiration. If the Advisory Board shall revoke this Conservation Agreement for

cause, the landowner shall have the appeal rights set forth in Article VIII(C) . Transfers of land in a District due to dea th

of the landowner, sale or gift shall not revoke the Conservation Agreement in the event that there are water or sewer

assessments held in abeyance, the new owner(s) fails to agree in writing to accept liability for those assessments in the

event that the land is withdrawn either voluntarily or involuntarily from the District. Enforcement of the terms of a

Conservation Agreement for land enro lled in a District shall be limited to revocation of the Conservation Agreement and

the benefits derived therefrom. A notice of revocation shall be recorded in the county land record system sufficient to

provide notice that the land has been withdrawn from the Voluntary Agricultural District program.

B. Renewal

A Conservation Agreement for land within a Voluntary Agricultural District shall be automatically renewedunless the landowner provides 30 day written notice to the Advisory Board of intent not to renew. Absent noncompliance

by the landowner, neither the Advisory Board nor the Board of Commissioners shall fail to renew any Conservation

Agreement unless this Ordinance or its authorizing legislation has been repealed.

ARTICLE X

WAIVER OF WATER AND SEWER ASSESSMENTS

A. No Connection Required

A landowner belonging to a District shall not be required to connect to Macon County water and/or sewer

systems. The County and the landowner will put this agreement in writing and recorded at the Register of Deeds. If the

landowner needs assistance with the County, the Soil & Water Advisory Board and the Soil and Water staff will be thefirst point of contact.

B. Abeyance

Water and sewer assessments shall be held in abeyance, without interest, for farms in a District, until

improvements on such property are connected to the water or sewer system for which the assessment was made.

7


17/76

C. Termination of Abeyance

When the period of abeyance ends, the assessment is payable in accordance with the terms set out in the

assessment resolution.

D . Suspension o f S tatute o f L imita tions

Statutes of limitations are suspended during the time that any assessment is held in abeyance without interest.

The landowner may be required to sign an acknowledgement (that may be incorporated into the Conservation Agreement)

of the abeyance of the statute of limitations upon collecting water and sewer assessments, or other utility assessments.

E . O ther Statutory Abeyance Procedures

Nothing in this section is intended to diminish the authority of the County to hold assessments in abeyance under

N.C.G.S. 153A-201, or other applicable law.

F. Conflict with Water and/or Sewer System Construction and Improvements Grants

To the extent that this section conflicts with the terms of federal, state, or other grants under which county utility

systems are constructed this section shall not app ly. This section shall not app ly to utilities that are not owned by the

County unless the County has entered into an agreement with the entity(ies) owning the utilities and that agreement

provides that this Ordinance shall apply.

ARTICLE XI

PUBLIC HEARINGS

A. Purpose

N.C.G.S . 106-740 prov ides that no state or local public agency or governmental unit may formally initiate any

action to condemn any interest in qualifying farmland within a District until such agency or unit has requested theAdvisory Board to hold a public hearing on the proposed condemnation. This provision ensures that the condemning

agency or unit considers the impact of its actions upon agriculture, forestry, and/or horticultural prior to taking action

that is not reversible. This provision is not intended to, and does not prohibit, the condemning agency or unit from taking

action authorized by law.

B. Procedure

1. Upon receiving a request, the Advisory Board shall publish notice describing the proposed action in

the appropriate newspapers of Macon County within five (5) business days of the request, and will in

the same notice notify the public of a public hearing on the proposed co ndemnation, to be held within

ten (10) days of receipt of the request.

2 . T he Ad visory Board shall meet to review:

a. Whether the need for the project has been satisfactorily established by the agency or unit of

government involved, including a review of any fiscal impact analysis conducted by the agency

involved; and

8


18/76

b. Whether there are alternatives to the proposed action that have less impact and are disruptive to

the agricultural activities of the District within which the proposed action is to take place.

3. The Advisory Board shall consult with the Macon Soil and Water Conservation District office

(primary agency); County Agricultural Extension Agent, the Natural Resources Conservation ServiceDistrict Conservationist, and any other individuals, agencies, or organizations deemed by the Advisory

Board to be necessary for its review of the proposed action.

4. Within five (5) days after the hearing, the Advisory Board shall make a report containing its findings

and recommendations regarding the proposed action. The report shall be made available to the public

prior to its being conveyed to the decision-making body of the agency proposing the acquisition.

5. There will be a period of ten (10) days allowed for public comment on the report of the Advisory

Board.

6. After the ten (10) day period for public comment has expired, the Advisory Board shall submit a final

report containing all of its findings and recommendations rega rding the proposed action to the decision

making body of the agency proposing the acquisition.

7. The total time period, from the day that a request for a hearing has been received to the day that a final

report is issued to the decision making body of the agency proposing the acquisition, shall not exceed

thirty (30) days. If the agency agrees to an extension, the agency and the Advisory Board shall

mutually agree upon a schedule to be set forth in writing and made available to the public.

8. Pursuant to N.C.G.S. 106-740, the Board of Commissioners shall not permit any formal initiation of

condemnation by local agencies while the proposed condemnation is properly before the Advisory

Board.

ARTICLE XII

NOTIFICATION

A Record Notice of Proximity to a Voluntary Agricultural District

1. Procedure

When Macon County computerizes its County Land Records System the following requirements outlined in this

section shall be implemented and enforced. Upon certification of qualifying farmland and designation of real

property as a District, the Macon County Register of Deeds shall provide some form of notice reasonably

calculated to alert a person researching the title of a particular tract that such tract is located within one-half

mile of a District.

2. Limit of Liability

In no event shall the County or any of its officers, employees, members of the Advisory Board, or agents beheld liable in damages for any misfeasance, malfeasance , or nonfeasance occurring in good faith in connection

with the duties or obligations imposed by this .

3. No Cause of Action

9


19/76

In no event shall any cause of action arise out of the failure of a person researching the title of a particular tract

to report to any person the proximity of the tract to a qualifying farm or District as defined in this Ordinance.

B. Signage

Signs identifying approved Districts shall be placed along the rights-of-way of major roads that pass through

or next to those Districts. There shall at least one sign posted in each District. There shall also be signage

posted at the farm gate of each qualifying farm. Placement and design of signage shall be coordinated with the

North Carolina Department of Transportation.

C. Maps

Maps identifying approved Districts shall be provided to the following agencies or offices:

1. Planning Department;

2. Register of Deeds;

3. Soil and Water Conservation District and NC Department of Agriculture and Consumer Services

4 . Natural Resources Conse rvation Service;

5 . N orth Caro lina Cooperative E xtension;

6. Any other such agency or office the Advisory Board deems appropriate.

ARTICLE XIII

SUBDIVISION ORDINANCE AND ZONING ORDINANCE REVIEW

Developers of major subdivisions or planned unit developments shall designate on preliminary developmentplans, the existence of the Districts within one-half mile of the proposed development.

ARTICLE XIV

COUNTY LAND-USE PLANNING

A. Duty of the Advisory Board

It shall be the duty of the Advisory Board to advise the Board of Commissioners or the agency or office to

which the Board of Commissioners delegate authority to oversee county land use planning, on the status, progress, and

activities of the county's Voluntary Agricultural District program and to also coordinate the formation and maintenance

of Districts with the county's land use p lanning activities and the county's land use p lan if one currently exists at the time

this is enacted or when one is formed.

B. Posting of Notice

The following notice, of a size and form suitable for posting, shall be posted in the office of the Register of

Deeds, and any other office or agency the Advisory Board deems necessary:

10


20/76

Macon County has established Districts to protect and preserve agricultural lands and activities. These Districts

have been developed and mapped by the county to inform all purchasers of real property that certain agricultural and

forestry activities, including but not limited to pesticide spraying , manure spreading, machinery and truck operation,

livestock operations, sawing, and other common farming activities may occur in these Districts any time during the day

or night. Maps and information on the location and estab lishment of these Districts can be obtained from the MaconCounty Soil and Water Conservation District office, North Carolina Cooperative Extension Service office, the office of

the Register of Deeds, the County Planning office, or the Natural Resources Conservation Service office.

C. Growth Corridors

At such time as the county might establish designated growth corridors, D istricts shall not be permitted in the

designated growth corridors, as delineated on the official county planning map without the approval of the Board of

Commissioners. Districts located in growth corridors designated after the effective date of this program may remain,

but shall not be expanded within the growth corridor area without the approval of the Board of Commissioners.

ARTICLE XV

CONSULTATION AUTHORITY

The Advisory Board may consult with Macon County Soil and Water Office, the North Carolina Department

of Agriculture and Consumer Services, the Natural Resources Conservation Service, North Carolina Cooperative

Extension, and with any other individual, agency, or organization the Advisory Board deems necessary to properly

conduct its business.

ARTICLE XVI

NORTH CAROLINA AGENCY NOTIFICATION

Annual Report to the North Carolina Department of Agriculture and Consumer Services

A copy of this Ordinance shall be sent to the Office of the North Carolina Commissioner of Agriculture andConsumer Services, the Board of Commissione rs, the Soil and Water Conservation District office and the County Office

of North Carolina Cooperative Extension, after adoption. Annually the county shall submit a written report to the

Commissioner of Agriculture and Consumer Services on the county's Voluntary Agricultural District program, including

the following information:

1. Number of landowners enrolled;

2. Number of acres enrolled;

3 . Number of acres certif ied during the reporting period;

4 . Number of acres denied during the reporting period;

5 . Number of acres for which applica tions are pending;

6. Municipali ties with which Memorandums of Understanding have been signed;

7. Municipalities that have adopted this Ordinance for the purpose of the county enforcing this Ordinance

within their corporate boundaries;

11


21/76

8. Copies of any amendments to this Ordinance or Memorandums of Understanding signed with

municipalities; and

9. Any other information the Advisory Board deems usefu l.

ARTICLE XVII

LEGAL PROVISIONS

A. Severability

If any article, section, subsection, clause, phrase, or portion of this Ordinance is for any reason found invalid

or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining

portions of this Ordinance.

B. Confl ic t with o ther ord inances and s ta tu tes

Whenever the provisions of this Ordinance conflict with other ordinances of Macon County, this Ordinance shallgovern. Whenever the provisions of any federal or state statute require more restrictive provisions than are required by

this Ordinance, the provisions of such statute shall govern.

C. Amendments

This Ordinance may be amended from time to time by the Board of Commissioners.

ARTICLE XVIII

ENACTMENT

The Macon County Board of Commissioners hereby adopts and enacts the preceding articles and sections of thisOrdinance.

Adopted this the ____ day of _________, 2012.

Motion for adoption by __________________________ and seconded by _____________________ and

passed, adopted and ordained by unanimous vote of the Macon County Board of County Commissioners on this the ____

day of _________, 2012, at a regular meeting of the M acon County Board of County Commissioners.

12


22/76


_______________________________________

Chairperson

ATTEST:

_______________________________________________

Clerk to Board of C ommissioners

Approved as to form:

______________________________________________

County Attorney

13


23/76


AGENDA ITEM


DEPARTMENT/AGENCY:

SUBJECT MATTER: New Hope Cemetery


Please see the attached letter from Andrew Baldwin, who is requesting the

boards assistance with his Eagle Scout project, which is to make

improvements to an abandoned African American cemetery known as New

Hope. Mr. Baldwin will be at the meeting to ask that the board designate the

cemetery as abandoned as outlined in Chapter 65 of the state statutes and

serve as his sponsor for the project, allowing him to help in the effort to

restore it. A map showing the location of the cemetery off Delta Drive in

Franklin is also attached.



Agenda Item 10A


24/76


25/76


26/76


AGENDA ITEM


DEPARTMENT/AGENCY:

SUBJECT MATTER: Business Plan for the Macon County Heritage

Center at the Historic Cowee School


Stacy Guffey will present the business plan that was prepared this spring to

turn the former school into a heritage center. The plan is part of joint project

between Macon County, the Cowee Community Development Organization

and the Land Trust for the Little Tennessee. A copy of the executive

summary from the plan is attached. A full copy is on file in the County

Managers office.


Attachments ___1_ Yes ___ No

Agenda Item 10B


27/76


28/76


29/76


AGENDA ITEM


DEPARTMENT/AGENCY: Parks and Recreation

SUBJECT MATTER: Specifications for pool and pool house

renovations



If proposed plans and specifications for the pool renovation project are

approved, the county will proceed with formal advertisement for bids. Once

bids are in and funding is approved, contracts can be awarded for the actual

work. Recommend approval and authorization to advertise.

Attachments _____ Yes __X_ No

Agenda Item 11A


30/76


AGENDA ITEM


DEPARTMENT/AGENCY: Solid Waste

SUBJECT MATTER: Request for contract and franchise extension

from J&B Disposal


Please see the attached letter from Bonita Hamstra, president of J&B

Disposal, who is seeking to extend her companys contract and franchise

with the county for an additional five years (through May of 2021). Ms.

Hamstra will be at the meeting, as will county Solid Waste Director Chris

Stahl.


J&B Disposal has served Macon County well for several years. In order to

accommodate the need to purchase and replaced needed trucks andequipment, a contract term of five or more years is needed. Recommend

approval.

Attachments __1_ Yes ___ No

Agenda Item 12A


31/76


32/76


AGENDA ITEM


DEPARTMENT/AGENCY: Emergency Services

SUBJECT MATTER: Approval of fire district map for Nantahala


Jimmy Teem, the countys fire marshal, will present a revised map of the

Nantahala Fire District for the boards consideration.



Agenda Item 12B


33/76


AGENDA ITEM


DEPARTMENT/AGENCY: Economic Development

SUBJECT MATTER: Resolution and renewal of lease agreement with

Forex Currency Trade Advisors, LLC


The County Attorney has prepared a resolution and a lease agreement withForex Currency Trade Advisors, LLC regarding a one-year renewal for thelease of space in the countys Business Development Center. The termwould run from August 1, 2012 to July 31, 2013 at a rate of $333.33 permonth, utilities included. Copies of the resolution and the lease are attachedfor your information and review.


Attachments __2_ Yes ___ No

Agenda Item 12C


34/76

STATE OF NORTH CAROLINA

COUNTY OF MACON

RESOLUTION OF THE MACON COUNTY BOARD OF COUNTY COMMISSIONERSDECLARING PROPERTY TO BE SURPLUS AND APPROVING A ONE YEAR LEASE

OF THE SAME BY MACON COUNTY TO

FOREX CURRENCY TRADE ADVISORS, LLC

THAT WHEREAS, Macon County owns certain real property being described in the Lease

to Forex Currency Trade Advisors, LLC, 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 entryof the Lease to Forex Currency Trade Advisors, LLC, a copy of which is attached hereto, for the

period of one year from August 1, 2012; and

WHEREAS, pursuant to N.C. Gen. Stat. 160A-272, Macon County is authorized to enter

into the Lease to Forex Currency Trade Advisors, LLC, 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 Forex Currency Trade Advisors, LLC, 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 Forex

Currency Trade Advisors, LLC, a copy of which is attached hereto and incorporated herein by

reference, for the period of one year from August 1, 2012; 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 Forex

Currency Trade Advisors, LLC, on behalf of Macon County.

Adopted at the August 21, 2012, continuation of the August 14, 2012, Regular Meeting of

the Macon County Board of Commissioners which was recessed to August 21, 2012.

1


35/76

__________________________________________

Kevin Corbin, Chairman of the Macon County Board

County Commissioners

ATTEST:

_____________________________________

Clerk to the Board

( Official Seal )

2


36/76

NORTH CAROLINA

MACON COUNTY

LEASE TO FOREX CURRENCY TRADE ADVISORS, LLC.

MACON COUNTY

This lease is made this 1 day of August, 2012, by and between MACON COUNTY, ast

body corporate and politic organized and existing under the laws of the State of North Carolina,hereinafter called the "Lessor," and FOREX CURRENCY TRADE ADVISORS, LLC., a NorthCarolina corporation with a mailing address for its principal office at P.O Box 1944, Franklin,North Carolina, hereinafter called the "Tenant."

WITNESSETH:

That, subject to the terms and conditions hereinafter set forth, the Landlord does herebydemise and let and the Tenant does hereby rent and hire from the Landlord, those certainpremises (hereinafter referred to as the Premises) located at the Macon County BusinessDevelopment Center and more particularly described on Exhibit A attached hereto andincorporated herein.

(1) Premises. Lessor leases unto the Tenant, and the Tenant accepts upon the full terms andconditions of this lease, that certain office space located in the Macon County BusinessDevelopment Center at the Macon County Industrial Park near Franklin, NC, as specificallyshown on the drawing of the floor plan of the Business Development Center which isincorporated herein by reference. The space designated on the drawing in the color yellow is

leased unto the Tenant for Tenant's exclusive use. The spaces outlined in blue and designated onthe drawing as the Waiting Room, Men's and Women's Restrooms, and the halls may be used byTenant for Tenant's non-exclusive use in common with any other tenants in the DevelopmentCenter and Lessor, together with such portion of the premises as is reasonably necessary foraccess, parking and use of the leased premises.

(2) Term. This lease shall commence August 1 , 2012 and shall continue for a term expiring Julyst

31, 2013.

(3) Rent. The Macon County Business Development Center is owned by Macon County as asmall 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 forthe aforementioned space is $333.33 per month included utilities.

(4) Use of Premises. The leased premises shall only be used by Tenant for the conduct ofTenant's business of a Foreign Currency Trading Company and the education of its clients onhow to trade foreign currency using its programs and methods.

(5) No Assignment. This lease shall not be assigned by Tenant nor shall Tenant sublet the leased


37/76


38/76

personal injury or damage to property occurring in or about, or arising out of, the leasedpremises, 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 anylitigation, commenced by or against Tenant, its agents, licensees, concessionaires, customers oremployees, 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, orindustrial, toxic or hazardous substance or material defined as such in, or for purposes of, allapplicable environmental laws, rules, regulations and ordinances now or hereafter in effect("Environmental Laws"), including without limitation, any waste constituents coming within thedefinition or list of hazardous substances in 40 C.F.R. 261.1 through 261.33 ("HazardousMaterial"), the Tenant represents, warrants and covenants that it will indemnify and hold Lessorharmless from and against any and all losses, liabilities, damages, injuries, interest, deficiencies,fines, penalties, costs, expenses, attorneys' fees, disbursements, and costs of investigation andclean-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 orunder, or the escape, seepage, leakage, spillage, discharge, emission, discharging or releasingfrom, 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, irritantor pollutant, discharged into or otherwise contained in the environment at or adjacent to theproperty if such occurs during the term of the lease, (iii) non-compliance relating to the Tenant'sbusiness 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 orviolation 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, theTenant shall at all times keep on file with the Macon County Fire Marshall a list of any of thematerials, substances, or chemicals described in this paragraph and stored or kept on the leasedpremises.

(14)Incidents of Default. Each and every term of this lease is a material part of this lease andcontinuation of the lease is conditioned on the parties' adherence to its terms. The breach orthreatened 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 bedeemed an incident of default. In the event Tenant defaults as defined in this paragraph, Lessormay declare the lease terminated and retake possession of the premises upon allowing Tenant areasonable time to vacate the premises and remove its personal property from the premises.


39/76

In testimony whereof, the parties have signed this lease in their respective corporatenames by their appropriate corporate officers and affixed their corporate seals on the date firstwritten above in duplicate originals, one of which is retained by each of the parties.

COUNTY OF MACON

By: _______________________________Chairman, Board of Commissioners

ATTEST:

________________________________C. Jack Horton, Clerk to the Board

FOREX CURRENCY TRADE ADVISORS, LLC.

By: _______________________________Authorized Representative


40/76


AGENDA ITEM


DEPARTMENT/AGENCY: McGill Associates

SUBJECT MATTER: Change order on the Little Tennessee

River/Cartoogechaye Creek Trunk Sewer Project


Per the County Manager, a representative of McGill Associates will be at the

meeting to present and explain the latest change order on this project.


Attachments _____ Yes _X_ No

Agenda Item 12D


41/76


AGENDA ITEM



SUBJECT MATTER: Memorandum of agreement with the NC

Wildlife Resources Commission for Prentiss Bridge Access Area


Please see the enclosed memorandum of agreement for more details.

County Planner Matt Mason will be at the meeting to answer questions. A

photo of the access area and a location map will also be provided.



Agenda Item 12E


42/76

1

MEMORANDUM OF AGREEMENT

BETWEEN THE

NORTH CAROLINA WILDLIFE RESOURCES COMMISSION

AND

MACON COUNTY, NORTH CAROLINA

THIS AGREEMENT, made and entered into this _________ day of _________________, byand between the North Carolina Wildlife Resources Commission, hereinafter called the

Commission, and Macon County, North Carolina, hereinafter called the County;

WITNESSETH:

Whereas, the Commission is authorized to create and improve public fishing access in inland

fishing waters for the benefit of the sportsmen of North Carolina; and

Whereas, it is desirable for the Commission to improve public fishing access along the Little

Tennessee River at the Prentiss Bridge access area which is owned by the Tennessee ValleyAuthority and has a long-term license agreement for occupancy and use with the County; and

Whereas, it is desirable for the County to increase the recreational opportunities for its citizensby cooperating with the Commission to improve angler access; and

Therefore, in consideration of the mutual advantages likely to result from this agreement and the

respective obligations assumed herein;

THE COMMISSION AGREES:

1. To design and construct a step-down boat slide, and resurface the gravel parking area at thePrentiss Bridge access area;

2. To order construction materials (e.g., lumber, hardware, gravel, and concrete) for the step-down boat slide and the gravel parking area;

3. To provide personnel for the construction of the step-down boat slide and resurfacing thegravel parking area;

4. To obtain any necessary environmental and building permits;5. To conduct any future structural repairs such as replacing boards and railings on the step-

down boat slide and re-grading the gravel parking area, if needed;

6. To include the Prentiss Bridge access area in the routine patrols ofCommission WildlifeEnforcement Officers when they are in the local area.


43/76

2

THE COUNTY AGREES:

1. To cooperate with the Commission in the upgrades to the Prentiss Bridge access area, andpermit access to Commission personnel engaged in planning, construction, or post-

construction work;

2. To ensure proper recognition is given to the Commission in all press releases, brochures andadvertisements developed by the County concerning visitation and usage of the Prentiss

Bridge access area;

3. To permit unrestricted access by the general public, without charge, at the Prentiss Bridgeaccess area consistent with the Commissions regulations;

4. To maintain the agreement with the Tennessee Valley Authority to occupy and use theproperty as a public recreational access area;

5. To provide routine maintenance and upkeep of the access area, including mowing, weed-eating and trash pick-up, particularly from April through October.

IT IS MUTUALLY AGREED:

1. The County will provide public access without cost to the Prentiss Bridge access area tocomply with regulations of the U.S. Fish and Wildlife Service in accordance with provisions

the Dingell-Johnson Sport Fish Restoration Act that provides grant funds for this project.

2. The Prentiss Bridge access area will be managed as a Commission facility with no closure ofthe site except for repair purposes, emergency situations, limited special uses or bestmanagement practices. The facility will be posted with the Commissions access area

regulations using kiosks and signage.

3. Fishing regulations and licenses, as required by state law, shall be jointly publicized andenforced.

4. This Agreement shall become effective as soon as it is signed and dated by both parties.5. Nothing in this Agreement shall obligate either party to any conditions not specifically stated

herein.


44/76

3

TERMINATION

1. It is mutually agreed that either party may terminate its involvement in this agreement bywritten notice to the other at least 120 days in advance of the date on which termination is to

become effective. If the agreement is terminated before the end of the agreement asdescribed below, the COUNTY will reimburse the COMMISSION for the pro-rated design

and construction costs.

TERM OF AGREEMENT

1. This agreement shall become effective upon full execution and shall continue in effect for aperiod equal to 25 years.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year

first written above.

Approved and agreed to:

Macon County, North Carolina N.C. Wildlife Resources Commission

By: Jack Horton By: Robert L. Curry

County Manager ChiefMacon County Division of Inland Fisheries

Date Date


45/76


AGENDA ITEM



SUBJECT MATTER: Consent Agenda


A. Minutes Consideration of the minutes from the July 10th and July 26th meetings

per attachment 13A.

B. Finance Consideration of budget amendments #17 through #26 per attachment13B.

C. Tax releases Consideration of tax releases in the amount of $9,689.79 perattachment 13C. The supporting documentation is on file in the Deputy Clerksoffice.

D. Tax refunds Consideration of tax refunds, one of $296.47 and another of$160.64, per attachment 13D from the Tax Administrator. Please note that one of

the two is not recommended for a refund.

E. 2011 Tax Settlement Report Consideration of accepting the 2011 TaxSettlement per attachment 13E.

F. Monthly Tax Collection Report For the boards information, the monthly advalorem tax collection report is attached as 13F. It does not require board action.



Agenda Item 13A-13F


46/76

Minutes07/10/12Page 1 of 7

MACON COUNTY BOARD OF COMMISSIONERSJULY 10, 2012

MINUTES

Chairman Corbin convened the meeting at 6:02 p.m. All Board

Members, the County Manager, Deputy Clerk, Finance Director, CountyAttorney, members of the news media and interested citizens werepresent.

ANNOUNCEMENTS: The County Manager announced that the nextjoint meeting with the towns of Franklin and Highlands was scheduledfor July 26th in the Franklin Town Hall Boardroom, with a meet andgreet beginning at 6:30 p.m. followed by the meeting starting at 7 p.m.Commissioner Beale announced a luncheon at the LBJ Job Corps Centeron August 3rd. Chairman Corbin acknowledged thank you notes fromretired county employee Revena Shuler and former Macon County School

Superintendent Dan Brigman. Chairman Corbin also noted the passingof former county commissioner Jack Cabe, former county employeeElizabeth Pearson (Mr. Cabes sister), Ruby Cansler (the mother of DSSDirector Jane Kimsey), Jean Sutton (wife of former county commissionerJerry Sutton) and Al Slagle (a member of the county planning board).

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

PLEDGE TO THE FLAG: Led by Commissioner Kuppers, the pledge tothe flag was recited.

PUBLIC HEARING RURAL OPERATING ASSISTANCE PROGRAM(ROAP) APPLICATION: Chairman Corbin called the public hearing toorder at 6:09 p.m. and recognized Macon County Transit Director KimAngel. She explained that the hearing focused on three individual state-funded programs, the first being the Elderly & Disabled TransportationAssistance (EDTAP) program, with the county expected to receive$59,339 in funding; the Employment Transportation AssistanceProgram, with the county expected to receive $10,182 in funding, andthe Rural General Public (RGP) Program, with the county expected toreceive $63,853 in funding, bringing the total allocation to $133,374.

She added that the funds are allocated by formula and that no match isrequired except for the RGP Program, which requires a 10 percent matchthat comes from passenger fares. No one signed up to speak at thehearing, and following questions to Mrs. Angel from the board members,Chairman Corbin closed the public hearing at 6:15 p.m. and returned toopen session. Upon a motion by Commissioner Beale, seconded by


47/76


Commissioner Haven, the board voted unanimously to approve theapplication for these funds and to have Chairman Corbin, the CountyManager and the Finance Director sign the required certified statement(Attachment 1), which is attached and is hereby made a part of theseminutes.

PUBLIC COMMENT: State Senator Jim Davis, a former Macon CountyCommissioner, provided the board with a brief report on the legislativesession that had just recently concluded. Sen. Davis shared that it washis intent to visit every county commission within his district, statingthat his emphasis is on local government. The County Manager notedthat Sen. Davis had held true to his word by contacting county officialsfor input before voting to find out the local effect of proposed legislation.Phillip Cochran of Watson Contracting, Inc. spoke to the board in regardto the Macon County Airport apron project. Mr. Watson questioned thedecision by the countys airport authority to award the bid based on a

concrete option as opposed to asphalt, which he contended would havecreated 100 jobs locally as opposed to the bid going to an out-of-countycontractor. Mr. Watson said a cost analysis showed that the concreteoption would save $86,000 over a 30-year period, but said the local jobscreated under the asphalt option would far outweigh those savings.Chairman Corbin noted that the airport authority is a separate entityfrom the county and can enter into contracts on its own authority.Commissioner Kuppers, the boards liaison to the authority, said he feltlike the authority tried its best to award the bid locally, withCommissioner Beale expressing his disappointment that it wont be goingto a local firm. Following further discussion, the public comment period

closed at 6:44 p.m.

ADJUSTMENTS TO AND APPROVAL OF THE AGENDA: Upon a motionby Commissioner Kuppers, seconded by Commissioner Beale, the boardvoted unanimously to approve the agenda as adjusted, as follows:

To add two budget amendments, #10 and #11, under the ConsentAgenda in Item 11B, per the County Manager and FinanceDirector.

To add a report on the county planning board by CommissionerTate as Item 8B under Reports/Presentations.

To add two resolutions as part of existing Item 9A under OldBusiness, per the County Attorney.

PRESENTATION ON COMPENSATION AND CLASSIFICATION STUDY:The County Manager recognized John Anzivino and Stephanie Davis ofSpringsted, Inc., who presented a PowerPoint presentation on the results


48/76


of a compensation and classification study performed by the firm. Mr.Anzivino started by noting that the county was fortunate to have reallygood people who are focused on getting the job done. He and Ms.Davis then went over the objectives of the study, the terminology used,the methodology employed by Springsted and the findings, explaining

that the current minimum, midpoint and maximum salary levels aresignificantly below the market. They continued by discussing payphilosophy, the benchmark communities used for the survey, and theresults and comparisons from that survey. The survey led to a proposednew pay scale that would be accompanied by a job evaluation systemthat could be used to keep the scale up to date. Three options werepresented for the countys consideration, one that moves employees tothe minimum of the salary range if they are under it, another thatincludes that option and provides a minimum 2 percent increase for allother employees, and a third one that adjusts all employees to theminimum and also adjusts based on years of service. A proposed

implementation schedule was outlined, one that would costapproximately $1.4 million stretched over three fiscal years if the yearsof service option was chosen. In closing, on-going administration of thepay plan was addressed, and the fringe benefits provided by the countywere found to be primarily consistent or occasionally better than those inthe survey group. Following comments and questions from the board,Mr. Anzivino agreed to come back for a work session, to be held in thenear future, to discuss the study in more detail. No action was taken.

PLANNING BOARD UPDATE: Commissioner Tate shared with the boardthat he was extremely pleased with how well the planning board was

working together, adding that the planners would be ready to considertheir next task at their August meeting, and had requested that, ifpossible, the County Attorney be present at that meeting. No action wastaken.

VOLUNTARY AGRICULTURAL DISTRICT ORDINANCE AMENDMENT:At the discretion of the Chairman and without objection from the board,Chairman Corbin moved to Item 10C on the agenda and recognized MikeBreedlove, the supervisor of the countys soil conservation district, whowent over the proposed changes to the voluntary farmland preservationordinance. Mr. Breedlove pointed out that in addition to the name

change from farmland preservation to voluntary agricultural district the other significant items were to create four regions within the countyand to reduce the qualifying amount of farmland to one acre that hasbeen farmed for a minimum of three years. The County Attorney saidthat he had taken the state model and tweaked it to fit Macon County,and that he could highlight the changes for the board in anticipation of


49/76


further discussion at the August meeting. He also noted that a publichearing on those changes might be required.

Prior to calling a recess, Chairman Corbin noted that he and others hadmet with representatives of Duke Energy and that the discussion had

focused on three issues the property owned by Duke off DowdleMountain Road as a possible site for economic development, the idea ofan amphitheater near the Little Tennessee River and public swimmingaccess on Nantahala Lake. He then called a recess at 7:50 p.m.

Chairman Corbin called the meeting back to order at 8:03 p.m.

DISCUSSION REGARDING POOL RENOVATIONS: CommissionerKuppers explained the need to have two sets of specifications, one forimprovements to the swimming pool and the other for renovations to thepool house. He told the board that $12,500 should be sufficient to

obtain plans and specifications for the pool, with plans and specificationsfor the pool house to cost approximately $6,000. Commissioner Kupperssaid a proposed timeline called for having the specifications completed inJuly, bidding the projects in early August and opening or awarding bidsat the boards September meeting. The County Manager explained thathe had asked the County Attorney to prepare resolutions for the boardsconsideration that would exempt the projects from provisions of thestates General Statutes where the estimated professional fees were lessthan $30,000. Upon a motion by Commissioner Kuppers, seconded byCommissioner Haven, the board voted unanimously to approve aResolution Exempting Architectural Design Project from the Provisions of

North Carolina General Statutes Section 143-64.31 (Attachment 2), acopy of which is attached and is hereby made a part of these minutes.Upon a motion by Commissioner Kuppers, seconded by CommissionerHaven, the board voted unanimously to approve a Resolution ExemptingEngineering Design Project from the Provisions of North Carolina GeneralStatutes Section 143-64.31 (Attachment 3), a copy of which is attachedand is hereby made a part of these minutes. Upon a motion byCommissioner Kuppers, seconded by Commissioner Haven, the boardvoted unanimously to reappropriate $18,500 from the contingency fundin the current year budget to cover the expenses for the architecturaldesign ($6,000) and the engineering design ($12,500) associated with the

pool house and pool, respectively.

CHANGE ORDER #12 ON THE LITTLE TENNESSEERIVER/CARTOOGECHAYE CREEK TRUNK SEWER PROJECT: TheCounty Manager explained that the project is complete and in use withthe exception of the reuse system, and pointed out that the largest single


50/76


item in the change order was a modification to change a portion of forcemain sewer to gravity sewer along Roller Mill Road. The total amount ofthe change order is $25,519.23 and will be paid for by grant funding.Upon a motion by Commissioner Haven, seconded by CommissionerKuppers, the board voted unanimously to approve the change order as

presented (Attachment 4), a copy of which is attached and is herebymade a part of these minutes.

RESOLUTION REGARDING ADDITION OF 457 PLAN BENEFITPROVIDER: Human Resources Director Mike Decker requested that theboard adopt a resolution authorizing Prudential to offer countyemployees what is known as a 457 or deferred compensation plan. Heexplained that Prudential currently administers the countys 401(k) planand, while the county has existing 457 plan providers, this would giveemployees another option. He also requested that the board authorizethe County Manager to sign the necessary documents to initiate the

process of getting the plan in place. Upon a motion by CommissionerTate, seconded by Commissioner Haven, the board voted unanimously toadopt the resolution as presented (Attachment 5), a copy of which isattached and hereby made a part of these minutes.

REQUEST FOR FUNDS FROM ECONOMIC DEVELOPMENTCOMMISSION RESERVE: The County Manager explained that he wasrequesting approval of a budget amendment allowing up to $50,000 to betransferred from the Economic Development Commission (EDC) reservefund in order to renovate a 7,300-square-foot portion of the countysBusiness Development Center to cover HVAC, construction and clean-up

costs. He said the facility needs work and should be cleaned up as thereis a potential new client interested in securing the space. Upon a motionby Commissioner Beale, seconded by Commissioner Kuppers, the boardvoted unanimously to approve the budget amendment request aspresented, with Commissioner Tate questioning the need to have aprovision that the current tenant be required to leave the space in goodshape. The County Attorney said he would review the standard leaseagreement for space at the center and address or clarify this point.

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

Commissioner Haven, the board voted unanimously to designateChairman Corbin as the boards voting delegate for the upcoming NorthCarolina Association of County Commissioners (NCACC) annualconference to be held in Raleigh August 16th-19th.


51/76


CONSENT AGENDA: Upon a motion by Commissioner Tate, secondedby Commissioner Kuppers, the following items on the consent agendawere unanimously approved: Minutes Approved the minutes from theJune 12th meeting. Budget amendments Approved the followingbudget amendments: #1 for the Little Tennessee River/Cartoogechaye

Creek Trunk Sewer Project to move $25,520 from contingency for ChangeOrder #12 to pay Garys Grading and Pipeline Co.; #2 for the HealthDepartment to allocate $975 in additional funds received from the statefor Diabetes Capacity Building; #3 for the Health Department to allocate$500 in funds awarded from MAHEC for upkeep and improvements tothe walkway near the Human Services Building and the SheriffsDepartment; #4 for Social Services to appropriate $66,196 in fundbalance transfers covering Project Fans, general foster care and specialadoption funds; #5 for Transit to adjust a number of grant revenues toactual amounts, and to appropriate funds for bus stop shelters and avehicle not purchased in Fiscal Year 2011-12; #6 for Detention to move

$2,100 in funding for property/building improvements to the 2012-2013budget year; #7 for Housing to move $3,251 in weatherization funds intothe line items where the money will be spent; #8 for Housing to move$57,592 in weatherization funds into the line items where the money willbe spent; #9 for Housing to move $26,861 in weatherization funds intothe line items where the money will be spent; #10 for EconomicDevelopment to approve a budget amendment transferring $50,000 fromthe Economic Development Reserve Fund to the General Fund forrenovations at the Business Development Center; #11 to approve abudget amendment for a school capital project to take $5,660 fromcontingency to run fiber line to the pump house at the new Iotla Valley

Elementary School. (Revisions with corresponding numbers attached.)Tax releases Approved tax releases in the amount of $518.30. (Acomputer printout of releases is on file in the Tax Department and theCounty Managers office.) Tattoo Fee Review Approved a tattoo feereview for Macon County Public Health per the attached outline.Monthly ad valorem tax collection report No action necessary.

APPOINTMENTS: Board of Adjustment Upon a motion byCommissioner Beale, seconded by Commissioner Tate, the board votedunanimously to appoint Richard A. (Tony) Potts to the Board ofAdjustment for a term of three years, filling the remaining slot on the

board left vacant by Gary Drake declining reappointment. Term ofappointment will expire on July 10, 2015. The County Manager alsonoted the need to advertise and fill the seat on the planning board leftvacant by Al Slagle.


52/76


CLOSED SESSION: At 8:35 p.m., and upon a motion by CommissionerKuppers, seconded by Commissioner Tate, the board voted unanimouslyto go into closed session for the purpose of consulting with the attorneyunder G.S. 143-318-11(a)(3) and to discuss matters relating to thelocation or expansion of industries or other businesses under G.S. 143-

318-11(a)(4). At 9:25 p.m., and upon a motion by CommissionerKuppers, seconded by Commissioner Tate, the board voted unanimouslyto come out of closed session. No action was taken.

ADJOURN: Upon a motion by Commissioner Kuppers, seconded byCommissioner Tate, the board voted unanimously to adjourn at 9:26p.m.

_____________________________ ______________________________

Jack Horton, County Manager Kevin CorbinClerk to the Board Board Chairman


53/76



CALLED MEETING

JULY 26, 2012

MINUTES

Franklin Mayor Joe Collins convened the joint meeting with the MaconCounty Board of Commissioners, the Town of Franklin Board ofAldermen and the Town of Highlands Board of Commissioners at 7:38p.m. at the Franklin Town Hall Boardroom in Franklin. All boardmembers, the County Manager, Deputy Clerk, and Finance Director werepresent. All of the Franklin aldermen with the exception of AldermanBob Scott Mayor Joe Collins and Town Manager Sam Greenwood werepresent. All of the Highlands commissioners with the exception of JohnDotson and Brian Stiehler Mayor David Wilkes and Town Manager BobFrye were present. Also present were members of the news media.

Mayor Collins introduced Franklin Fire Chief Warren Cabe, whoaddressed a number of fire protection issues in the county, focusing onthe shift from volunteer to paid departments as well as the possibleconsolidation or merger of some of the volunteer fire departments in theyears to come. Insurance rating and training issues were also discussed.Commissioner Tate raised the issue of the possible need for a county fireadministrator.

Commissioner Beale informed the group that the formal dedication of theNat Henry Bridge was set for October.

The next joint meeting will be held in Highlands in the fall.

With no other items, Mayor Collins adjourned the meeting at 8:28 p.m.

_____________________________ ______________________________

Jack Horton, County Manager Kevin CorbinClerk to the Board Board Chairman


54/76


55/76


56/76


57/76


58/76


59/76


60/76


61/76


62/76


63/76


64/76


65/76


66/76


67/76


68/76


69/76


70/76


71/76

Refundrequestedbyowner.

Putman,RichardS $296.47 Ownerbroughtinsurveythisyearthatcorrectsacreage

Acct.

88965

from

previous

years,

by

NCGS

105

287

this

is

not

retroactive.Notrecommendedforrefund.

West,Jack&Carolyn $160.64 Mobilehomedoublelistedclericalerrorrefundjustified

Acct.16945

RichardLightner,MaconCountyTaxAdm.


72/76


73/76


74/76


75/76


AGENDA ITEM



SUBJECT MATTER: Appointment to the Planning Board


There is a vacancy on the board due to the death of Al Slagle. Since the last

appointments were made to this board, the county has received applications

from the following residents expressing interest in serving: Rick Snyder,

Bill Futral, Carroll Poindexter, Loretta Newton and David Culpepper. We

also have applications on file from the following: Michael Grubermann,

William Shilling, Sue Waldroop and Harry Yoder.



Agenda Item 14A


76/76


AGENDA ITEM



SUBJECT MATTER: Closed Session


Per the request of the County Manager, a closed session to be held per G.S.

143-318.11(a) (4) to discuss matters relating to the location or expansion of

industries or other businesses and per G.S. 143-318.11(a) (3) for the purpose

of consulting with the attorney.


Attachments _____ Yes _X_ No

Agenda Item 15A and15B

Macon County Board of Commissioners Agenda Packet for 08-14-2012

Documents

Transcript of Macon County Board of Commissioners Agenda Packet for 08-14-2012