12.11.12 BOC Agenda Packet

MACON COUNTY BOARD OF COMMISSIONERS DECEMBER 11, 2012 AGENDA 1. Call to order and welcome by Chairman Corbin 2.
Announcements 3. Moment of Silence 4. Pledge of Allegiance 5. Public Hearing(s) Macon County Transit Kim Angel, Director (A) Section 5310 Elderly Individuals and Individuals with Disabilities Program Grant Application (B) Macon County Community Transportation Program Application (C) Consideration of Public Transportation Program Resolution (D) Consideration of Community Transportation Program Resolution 6. Public Comment Period 7. Adjustments to and approval of the agenda 8. Reports/Presentations (A) Presentation of the Comprehensive Annual Financial Report Erica Brown, Martin Starnes & Associates 9. Old Business (A) NCDOT traffic light controller project David Key, Emergency Services Director (B) Resolution and lease with Forex Currency Trade Advisors, LLC Tommy Jenkins, Economic Development Director 10. New Business (A) Resolution authorizing negotiation of installment financing contracts County Manager and Finance Director (B) Satisfaction of security instrument County Manager
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 (B) Budget Amendments (C) Tax Releases (D) Monthly Ad Valorem Tax Collection Report (no action necessary) (E) Change Order No. 1 on Swiss Colony Project (F) Macon County Public Health FY 12-13 Billing and Collection Policies and Fee Schedules 12. Appointments (A) Board member committee appointments (B) Voting delegate for Legislative Goals Conference 13. Closed session (if necessary) 14. Adjournment/Recess
MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM

MEETING DATE: December 11, 2012 DEPARTMENT/AGENCY: Macon County Transit SUBJECT MATTER: Public hearing on Section 5310 Elderly Individuals and Individuals with Disabilities Program grant application DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Please see the attached notice for further details. Macon Transit Director Kim Angel will be at the meeting to provide an overview of the program. This is the first of two transit-related public hearings that will be held at this meeting.
COUNTY MANAGERS COMMENTS/RECOMMENDATION:
Attachments ___X__ Agenda Item 5A
Yes
___
No
PUBLIC HEARING NOTICE

This is to inform the public that a public hearing will be held on the proposed SFY2014 Section 5310 Elderly Individuals and Individuals with Disabilities Program grant application to be submitted to the North Carolina Department of Transportation no later than December 28, 2012. The public hearing will be held on December 11, 2012 at 6:00 p.m. before the (governing board) Macon County Board of Commissioners. Those interested in attending the public hearing and needing either auxiliary aids and services under the Americans with Disabilities Act (ADA) or a language translator should contact Kim Angel, Transit Director on or before December 6, 2012, at telephone number 828-349-2222 or via email at kangel@maconnc.org. The goal of these funds is to provide transportation services that meet the special needs of elderly persons and persons with disabilities for who mass transportation services are unavailable, insufficient or inappropriate. The total estimated amount requested for the period July 1, 2013 through June 30, 2015
Project
Total Amount
Local Share
Capital (Vehicles & Other)
$ 6,500
$ 650
(10%)
Operating
$ 355,500
$ 177,750
(50%)
Mobility Management
(10%)
Total
$ 362,000
$ 178,400
Total Funding Request
Total Local Share
This application may be inspected at Macon County Transit office from 8:00 a.m. - 5:00 p.m., Monday Friday. Written comments should be directed to Kim Angel, Transit Director, 5 W. Main St.. Franklin, NC 28734 before December 10, 2012.
End of Notice

MEETING DATE: December 11, 2012 DEPARTMENT/AGENCY: Macon County Transit SUBJECT MATTER: Public Hearing on Macon County Community Transportation Program Application DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Please see the attached notice for more details. This is the second of two transit-related public hearings that will be held at this meeting, and Mrs. Angel will be available to provide an overview of this program as well.
Attachments ___X__ Agenda Item 5B
Yes
___
No
PUBLIC HEARING NOTICE

This is to inform the public that a public hearing will be held on the proposed Macon County Community Transportation Program Application to be submitted to the North Carolina Department of Transportation no later than December 28, 2012. The public hearing will be held on December 11, 2012 at 6:00 p.m. before the Macon County Board of Commissioners. Those interested in attending the public hearing and needing either auxiliary aids and services under the Americans with Disabilities Act (ADA) or a language translator should contact Kim Angel, Transit Director on or before December 5, 2012, at telephone number 828-349-2222 or via email at kangel@maconnc.org. The Community Transportation Program provides assistance to coordinate existing transportation programs operating in Macon County as well as provides transportation options and services for the communities within this service area. These services are currently provided using fleet vehicles consisting of vans and light transit vehicles. Services are rendered by Macon County Transit.
The total estimated amount requested for the period July 1, 2013 through June 30, 2014
Project
Total Amount
Local Share
Administrative
$ 189,531
$ 28,430
(15%)
Capital (Vehicles & Other) Operating (Small fixed-route,

regional, and consolidated urban-rural systems only)
$ 117,900
$ 11,790
(10%) *(50%) or more *Note: Small Fixed Route systems must contribute more than 50%
$0
TOTAL PROJECT
$ 307,431 Total Funding Request
$ 40,220 Total Local Share
This application may be inspected at the Macon County Transit office, 36 Pannell Ln. Franklin, NC 28734 from 8:00 a.m. until 5:00 p.m., Monday - Friday. Written comments should be directed to Kim Angel, Transit Director, 5 W. Main St., Franklin, NC 28734 before December 7, 2012 .
End of Notice

MEETING DATE: December 11, 2012 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Public Transportation Program Resolution DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Please see the attached resolution stemming from the first of this evenings two public hearings. COUNTY MANAGERS COMMENTS/RECOMMENDATION:
Attachments ___X__ Agenda Item 5C
Yes
___
No
PUBLIC TRANSPORTATION PROGRAM RESOLUTION
WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for administering federal and state public transportation funds; and WHEREAS, the North Carolina Department of Transportation will apply for a grant from the US Department of Transportation, Federal Transit Administration and receives funds from the North Carolina General Assembly to provide assistance for public transportation projects; and WHEREAS, the purpose of the Section 5310 program is to provide financial assistance for transportation services planned, designed, and carried out to meet the special transportation needs of elderly individuals and individuals with disabilities in all areasurbanized, small urban, and rural; and WHEREAS, the purpose of the Section 5316 program is to improve access to transportation services to employment and employment related activities for welfare recipients and eligible low-income individuals and to transport residents of urbanized areas and nonurbanized areas to suburban employment opportunities; and WHEREAS, the purpose of the Section 5317 program is to reduce barriers to transportation services and expand the transportation mobility options available to people with disabilities beyond the requirements of the ADA of 1990 by providing funding assistance that supports new public transportation services and/or new public transportation alternatives beyond those required by the ADA; and WHEREAS, NCDOT has been designated as the State agency with principal authority and responsibility for administering the Section 5310 program for all areasurbanized, small urban, and rural; and WHEREAS, NCDOT has been designated as the State agency with principal authority and responsibility for administering the Section 5316 and 5317 programs for small urban and rural areas; and WHEREAS, (Legal Name of Applicant) MaconCounty hereby assures and certifies that it will comply with the federal and state statutes, regulations, executive orders, and all administrative requirements related to the applications made to and grants received from the Federal Transit Administration, as well as the provisions of Section 1001 of Title 18, U. S. C. NOW, THEREFORE, be it resolved that the (Authorized Officials Title)* CountyManager of (Name of Applicants Governing Body) Macon County is hereby authorized to submit a grant application for federal and state funding, provide the required local match, make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide public transportation services. I (Certifying Officials Name)* MikeDecker (Certifying Officials Title) DeputyClerktotheBoard, do hereby certify that the above is a true and correct copy of an excerpt from the minutes of a meeting of the (Name of Applicants Governing Board) MaconCountyBoardof Commissioners duly held on the 11 day of December, 2012.
Signature of Certifying Official *Note that the authorized official, certifying official, and notary public should be three separate individuals.
Seal Subscribed and sworn to me
(date)
Affix Seal Here
Notary Public *
Printed Name and Address
My commission expires
(date)

MEETING DATE: December 11, 2012 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Community Transportation Program Resolution DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Again, please see the attached resolution, this one regarding the second of tonights public hearings.
Attachments ___X__ Agenda Item 5D
Yes
___
No
COMMUNITY TRANSPORTATION PROGRAM RESOLUTION

Section 5311 FY 2014 RESOLUTION
Applicant seeking permission to apply for Community Transportation Program funding, enter into agreement with the North Carolina Department of Transportation, provide the necessary assurances and the required local match. A motion was made by (Board Members Name) and seconded by (Board Members Name or N/A, if not required) adoption of the following resolution, and upon being put to a vote was duly adopted. for the
WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for administering federal and state public transportation funds; and WHEREAS, the North Carolina Department of Transportation will apply for a grant from the US Department of Transportation, Federal Transit Administration and receives funds from the North Carolina General Assembly to provide assistance for rural public transportation projects; and WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the provision of rural public transportation services consistent with the policy requirements for planning, community and agency involvement, service design, service alternatives, training and conference participation, reporting and other requirements (drug and alcohol testing policy and program, disadvantaged business enterprise program, and fully allocated costs analysis); and WHEREAS, (Legal Name of Applicant) Macon County hereby assures and certifies that it will provide the required local matching funds; that its staff has the technical capacity to implement and manage the project, prepare required reports, obtain required training, attend meetings and conferences; and agrees to comply with the federal and state statutes, regulations, executive orders, Section 5333 (b) Warranty, and all administrative requirements related to the applications made to and grants received from the Federal Transit Administration, as well as the provisions of Section 1001 of Title 18, U. S. C. NOW, THEREFORE, be it resolved that the (Authorized Officials Title)* County Manager of (Name of Applicants Governing Body) Macon County is hereby authorized to submit a grant application for federal and state funding, make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide rural public transportation services. I (Certifying Officials Name)* Mike Decker (Certifying Officials Title) Deputy Clerk to the Board, do hereby certify that the above is a true and correct copy of an excerpt from the minutes of a meeting of the (Name of Applicants Governing Board) Macon County Board of Commissioners duly held on the 11 day of December, 2012.
Signature of Certifying Official *Note that the authorized official, certifying official, and notary public should be three separate individuals.
Seal Subscribed and sworn to me (date)
Affix Notary Seal Here
Notary Public *
Printed Name and Address
My commission expires (date)

MEETING DATE: December 11, 2012 DEPARTMENT/AGENCY: Martin Starnes & Associates SUBJECT MATTER: Financial Report Presentation of the Comprehensive Annual
DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Per the Finance Director, Erica Brown with Martin Starnes will present a PowerPoint presentation on the highlights of the countys Comprehensive Annual Financial Report (CAFR) for the fiscal year ending June 30, 2012. Printed copies of the CAFR, the Compliance Letters and a document known as the responsibility letter have been placed in your individual mailboxes at the Courthouse Annex in the event you wish to review these documents prior to the meeting. If you do not pick them up prior to Tuesday evening, we will have them available for you at the meeting.
Attachments _____ Agenda Item 8A
Yes
_X_
No

MEETING DATE: December 11, 2012 DEPARTMENT/AGENCY: Emergency Services SUBJECT MATTER: NCDOT Traffic Light Controller Project DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Please see the attached project description provided by Emergency Services Director David Key, who will be at the meeting to provide additional details and answer questions. Also attached is a proposed professional services agreement with J.M. Teague Engineering of Waynesville, should the board decide to move forward with the project, which involves a traffic signal upgrade at the intersection of the U.S. 441 bypass and Hyatt Road. That upgrade will provide for emergency vehicle preemption of the signal light for ambulances leaving the EMS base.
Yes
___
No
DOT Traffic Light Controller Project for Hyatt Rd. In 2010 Macon County hired J.M. Teague Engineering to work with NC DOT to engineer a traffic signal controller. The controller would only be used during emergencies by EMS when entering the 441 by-pass intersection from Hyatt Rd. Initial Cost Proposal by NCDOT: $40,000.00 We have already paid: Initial feasibility study and Negotiation with NC DOT Professional consulting fee (1/2) Amount Invoice date Invoice #
$495.00 $500.00
10/21/2010 10/02/2011
N/A 170
Traffic Signal Design NCDOT Agreement for Design review and approval Professional consulting fee (2/2)
$6000.00
10/07/2011
170
$10,000.00 $600.00
08/25/2011 03/02/2012
149 240
Total to date:
$17,595.00
Construction cost to complete the project will be $12,648.00 for the contract installation. This will get the project to the building. The County will be responsible for getting the control circuit into the building. This cost should not exceed $500.00 according to Mr. Teague. This would complete the project at a total cost of $30,743.00. This is $9257.00 under the original $40,000.00 cost proposal.
CLIENT AND ENGINEER PROFESSIONAL SERVICES AGREEMENT

This agreement is made and entered into at , by and between: effective this day of
ENGINEER:
Name: J.M. Teague Engineering, PLLC Address: 525 North Main Street Waynesville, NC 28786 Phone: (828) 456-8383
CLIENT:
Name: David Key Macon County Emergency Services Address: 104 East Main Street Franklin NC 28734 Phone:
In addition to the matters set forth herein, our agreement shall include, and shall be subject to the Standard Provisions, which are attached hereto and incorporated herein. If you concur and wish us to proceed with the services described above, please have both enclosed originals of this Agreement executed by a properly authorized individual in the space provided. Retain one and return the other.
ENGINEER: By
Mark Teague
CLIENT: By:
Title: Date
Owner and Principal
Title: Date
____________________________________________________________
SCOPE OF SERVICES and PROPOSAL

PREPARED FOR: PREPARED BY: DESCRIPTION: DAVID KEY MACON COUNTY EMERGENCY SERVICES DIRECTOR J. M. TEAGUE ENGINEERING Traffic Signal Upgrade
J. M. Teague Engineering, PLLC proposes to provide the following services related to the traffic signal upgrade at the intersection of US 441 @ Hyatt Road in Macon County.
PROJECT BACKGROUND:
J. M. Teague Engineering understands that the Town of Franklin has decided to pursue the previously designed traffic signal upgrade at the intersection of US 441 @ Hyatt Road. This upgrade will provide emergency vehicle preemption for vehicles egressing the newly constructed emergency center on Hyatt Road.
PRELIMINARY MEETING / DISCUSSION:
Based on previous meetings and discussions, no additional formal meetings will be necessary at this time.
SCOPE OF WORK:
The scope of this project will include; NCDOT permitting, contract preparation, contract administration, and NCDOT inspection fee. All contracts, construction, and permitting will be conducted in accordance with NCDOT standards. The traffic signal currently and will continue to be owned and operated by NCDOT.
PROJECT DELIVERY:
An approved NCDOT traffic signal contract will be prepared and awarded within 30 days of agreement execution. It is anticipated that the traffic signal upgrade will be completed within 30 days of contract award date. Because traffic signal related construction is highly dependent on the outside temperature, it is expected that a reasonable degree of variance be allowed for final project completion.
FEE STRUCTURE:
The above state work will be completed for a total fee of $12,648.
____________________________________________________________________________________
J.M. Teague Engineering Client Agreement

(1) Engineers Scope of Services: The undertaking of the Engineer to perform professional services extends only to those services specifically described in this Agreement. However, if requested by the Client and agreed to by the Engineer, the Engineer will perform additional services through individual arrangements and agreements. (2) Clients Responsibilities: In addition to other responsibilities described herein or imposed by law, the Client may be required to: (a) Designate in writing a person to act as its representative with respect to this Agreement, such person having complete authority to transmit instructions, receive information, and make or interpret the Clients decisions. (b) Provide to the Engineer all previous studies, plans, or other documents pertaining to the project; Clients requirements and criteria; standards to be followed; and all new information reasonably necessary; upon all of which the Engineer may rely. (c) Arrange for access to the site and other property and obtain approvals and permits required for the Engineer to provide its services. (d) Review all documents or verbal reports presented by the Engineer and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Engineer. (e) Provide such overall feasibility services such as independent accounting, legal, insurance, and cost estimating as the client may require or the Engineer may reasonably request. (f) Give prompt written notice to the Engineer wherever the Client becomes aware of any development that affects the scope and timing of the Engineers services or any defect or noncompliance in any aspect of the project. (g) Bear all costs incident to the responsibilities of the Client. (3) Period of Services: This Agreement has been entered into in anticipation of conditions permitting continuous and orderly progress through the completion of the Engineers services. Times for performance shall be extended to the extent necessary for delays due to circumstances the Engineer does not control. If such delay or suspension extends for more than one year (cumulatively), the rates of compensation provided for in the Agreement shall be renegotiated.
(4) Method of Payment: Compensation shall be paid to the Engineer in accordance with the following provisions:
(a) Invoices will be submitted monthly by the Engineer to the Client for services performed and expenses incurred the previous month. Payment of each invoice will be due within 30 days of receipt. Interest will be added to accounts not paid within 30 days at the maximum rate allowed by law. If the Client fails to make any payment due the Engineer for services and expenses within 45 days after the Engineers transmittal of its invoice, the Engineer may suspend services until all amounts are paid in full. (b) If the Client objects to any invoice, it must advise the Engineer in writing giving its reasons within 14 days of receipt of the invoice or the Clients objections shall be waived, and the invoice shall conclusively be deemed due and owing. (c) If the Engineer initiates legal proceedings to collect payment for services, it may recover in addition to all amounts due, its reasonable attorneys fees, reasonable experts fees, and other expenses related to the proceedings. Such expenses shall include the cost, at the Engineers normal hourly billing rates, of the time devoted to such proceedings by its employees. (d) The Client acknowledges and agrees that the payment for services rendered and expenses incurred by the Engineer pursuant to this Agreement is not subject to any contingency or conditions unless expressly set forth in this Agreement. (5) Use of Documents: All documents, including but not limited to drawings, specifications and data or programs stored electronically, prepared by the Engineer are related exclusively to the services described herein. They are not intended or represented to be suitable for partial use or reuse by the Client or others on extensions of this project or on any other project. Any modifications made by the Client or any partial use or reuse without written authorization or adaptation by the Engineer will be at the Clients sole risk and without liability or legal exposure to the Engineer, and the Client shall indemnify, defend and hold the Engineer harmless from all claims, damages, losses and expenses, including but not limited to attorneys fees, resulting there from. Any authorization or adaptation will entitle the Engineer to further compensation at rates to be agreed upon by the Client and the Engineer. Copies of Documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) signed or sealed by the Engineer. Files in electronic media format of text, data, graphics, or of other types furnished by Engineer to Client are only for convenience of Client.

Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the Client, after receiving electronic files, agrees to perform acceptance tests or procedures within 60 days, after which the Client shall be deemed to have accepted the data. Any errors detected within the 60-day acceptance period will be corrected by the Engineer. Engineer shall not be responsible to maintain documents stored in electronic media format after acceptance by Client. When transferring documents in electronic media format, Engineer makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operation systems, or computer hardware differing from those used by Engineer at the beginning of this Project. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. (6) Opinions of Cost: Because the Engineer does not control the cost of labor, materials, equipment, services furnished by others, methods of determining prices, competitive bidding or market conditions, any opinion rendered as to costs shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, but the Engineer cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. (7) Extension: If applicable, the terms of this Agreement may be extended for a period of time equal to the original agreement time frame or any portion thereof. In order to execute an Agreement extension both parties must sign and date an Agreement Extension Addendum as provided by the Engineer. An Agreement extension beyond the original terms can also be re-negotiated via the execution of a modified Agreement. (8) Termination: This agreement may be terminated by either party upon seven days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. In the event of any termination, the Engineer will be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Engineer as a result of such termination. (9) Insurance: The Engineer is protected by professional liability insurance, and general liability insurance for bodily injury and property damage and will exchange certificates of insurance upon request. (10) Expenses of Litigation: If the Client or its contractors initiate legal proceedings against the Engineer, its contractors, or its subcontractors related to the Engineers services, and such proceedings conclude with the entry of a final judgment favorable to the Engineer, the Client shall reimburse the Engineer for all of its reasonable attorneys fees, reasonable experts fees, and other expenses related to the proceedings. Such expenses shall include the cost, at the Engineers normal hourly billing rates, of the time devoted to the proceedings by the Engineers employees. (11) Dispute Resolution: If and to the extent that Client and Engineer have agreed on a method and procedure for resolving disputes between them arising out of or relating to this Agreement, such dispute resolution method and procedure, if any, is set forth in an Exhibit attached to this Agreement. Client and Engineer agree to negotiate in good faith for a period of thirty days from date of notice of all disputes prior to exercising their rights under any Exhibit or under law. (12) Hazardous Substances: It is understood and agreed that in seeking the professional services of the Engineer, the Client does not request the Engineer to undertake to perform any services, studies, or tests, or to make any determinations involving hazardous substances or conditions, as defined by federal or state law. Therefore, the Engineer undertakes no such obligation, and the Client agrees to hold harmless, indemnify, and defend the Engineer from and against any and all claims, losses, damages, liability, and costs arising out of or in any way connected with the presence, discharge, release, or escape of hazardous substances or conditions of any kind, or environmental liability of any nature, in any manner related to services performed by the Engineer. If any hazardous substance or condition is observed or reasonably suspected by the Engineer, it shall have the right to cease all services until the hazardous substance or condition has been eliminated. The Engineer shall notify the Client of any such substance or condition of which the Engineer becomes aware, and the Client shall be solely responsible for its elimination. (13) Assignment: Nothing in this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the Client and the Engineer, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Client and the Engineer and not for the benefit of any other party. Neither the Client nor the Engineer shall assign, sublet, or transfer any rights under or interest in this Agreement without the written consent of the other, except that the Engineer may retain sub-consultants as it deems appropriate.
(14) Confidentiality: The Client consents to the use and dissemination by the Engineer of photographs of the Project and to the use by the Engineer of facts, data and information obtained by the Engineer in the performance of its services. If, however, any facts, data or information is specifically identified in writing by the Client as confidential, the Engineer shall use reasonable care to maintain the confidentiality of that material. (15) Miscellaneous Provisions: This Agreement is to be governed by the laws of the State of North Carolina. This Agreement shall bind, and the benefits thereof shall insure to the respective parties hereto, their legal representatives, executors, administrators, successors and assigns. This Agreement contains the entire and fully integrated agreement between the parties hereto and supersedes all prior and contemporaneous negotiations, representations, agreements, or understandings, whether written or oral. This Agreement can be supplemented or amended only by a written document executed by both the Engineer and the Client. Provided, however, that conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Engineer. Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. Also, the non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. (16) Liability: In performing its professional services, the Engineer will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the same or similar locality at the time the services are provided. No warranty, express or implied, is made or intended by the Engineers undertaking herein or its performance of services hereunder, and it is agreed that the Engineer is not a fiduciary with respect to the Client. To the fullest extent of the law, and notwithstanding any other provisions of this Agreement, the total liability, in the aggregate of the Engineer and the Engineers officers, directors, employees, agents and sub-consultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the services under this Agreement from any cause or causes including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of the Engineer or the Engineers officers, directors, employees, agents, or sub-consultants shall not exceed the total compensation received by the Engineer under this Agreement or $5,000 whichever is greater. Under no circumstances shall the Engineer be liable for lost profits, consequential damages or for extra costs or other consequences due to changed conditions or for costs related to the failure of the contractor to perform work in accordance with the plans and specifications.

MEETING DATE: December 11, 2012 DEPARTMENT/AGENCY: Economic Development SUBJECT MATTER: Resolution and lease with Forex Currency Trade Advisors, LLC DEPARTMENT HEAD COMMENTS/RECOMMENDATION: The County Attorney has prepared a resolution and lease agreement, copies of which are attached, that once again declares property at the countys Business Development Center as surplus and provides approval of a one-year lease of that same space to Forex Currency Trade Advisors, LLC, effective August 1, 2012 to July 31, 2013 at a monthly rate of $333.33.
Yes
___
No
STATE OF NORTH CAROLINA COUNTY OF MACON
RESOLUTION OF THE MACON COUNTY BOARD OF COUNTY COMMISSIONERS DECLARING PROPERTY TO BE SURPLUS AND APPROVING A ONE YEAR LEASE OF THE SAME BY MACON COUNTY TO 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 entry of the Lease to Forex Currency Trade Advisors, LLC, a copy of which is attached hereto, for the period of one year effective 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 effective 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 November 20, 2012, continuation of the November 13, 2012, Regular Meeting of the Macon County Board of Commissioners which was recessed to November 20, 2012.
__________________________________________ Kevin Corbin, Chairman of the Macon County Board County Commissioners
ATTEST: _____________________________________ Clerk to the Board
( Official Seal )
NORTH CAROLINA MACON COUNTY LEASE TO FOREX CURRENCY TRADE ADVISORS, LLC. MACON COUNTY This lease is made effective this 1st day of August, 2012, by and between MACON COUNTY, a body corporate and politic organized and existing under the laws of the State of North Carolina, hereinafter called the "Lessor," and FOREX CURRENCY TRADE ADVISORS, LLC., a North Carolina 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 hereby demise and let and the Tenant does hereby rent and hire from the Landlord, those certain premises (hereinafter referred to as the Premises) located at the Macon County Business Development Center and more particularly described on Exhibit A attached hereto and incorporated herein. (1) Premises. Lessor leases unto the Tenant, and the Tenant accepts upon the full terms and conditions of this lease, that certain office space located in the Macon County Business Development Center at the Macon County Industrial Park near Franklin, NC, as specifically shown on the drawing of the floor plan of the Business Development Center which is incorporated 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 on the drawing as the Waiting Room, Men's and Women's Restrooms, and the halls may be used by Tenant for Tenant's non-exclusive use in common with any other tenants in the Development Center and Lessor, together with such portion of the premises as is reasonably necessary for access, parking and use of the leased premises. (2) Term. This lease shall commence August 1st , 2012 and shall continue for a term expiring July 31, 2013. (3) Rent. The Macon County Business Development Center is owned by Macon County as a small business incubator to promote economic development and the growth of jobs in Macon County. The lease of the premises to Tenant is in furtherance of that policy. The monthly rent for the aforementioned space is $333.33 per month included utilities. (4) Use of Premises. The leased premises shall only be used by Tenant for the conduct of Tenant's business of a Foreign Currency Trading Company and the education of its clients on how 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
premises or any portion thereof. (6) Tenant's Responsibilities for Repairs. Tenant agrees to accept the premises in their present condition and to maintain the interior components of the portion of the premises leased to Tenant in a good state of repair during the term of this lease. Interior components shall include the floors, walls, ceilings, electrical components, lighting fixtures, plumbing and plumbing fixtures. Tenant shall be responsible for interior repairs in the portions of the premises leased to it exclusively and in common with other tenants. If other space in the Center is leased to existing or additional tenants, the tenants shall establish a procedure by which all tenants using the common area shall share in the cost of such maintenance. At termination, Tenant shall surrender the premises to the Lessor in as good condition as they now are, except for ordinary wear and tear incident to the use of the premises. (7)Lessor's Responsibilities for Repairs. Lessor shall make all necessary repairs to the exterior of the premises, including the parking and driveway areas, exterior walls, windows and roof. In the event the premises or any part thereof are substantially damaged by fire or other casualty to the extent that necessary repairs will exceed twenty percent of the value of the building, the parties agree that Lessor shall have no obligation to make the repairs and Lessor may elect to either make the necessary repairs or to terminate the lease. (8)Maintenance. Tenant shall be solely responsible for all routine and recurring maintenance, including cleaning, trash removal and painting of the interior portion of the premises leased to it exclusively and the portion of the premises leased to is as common area with other tenants. If other space is leased to existing or additional tenants, the tenants shall establish a procedure by which all tenants using the common area shall share in the cost of such maintenance. Lessor shall continue to maintain the exterior premises including the parking areas, driveways and landscaping/mowing. (9)Abatement of Nuisances and Appearance. Tenant shall comply with all laws, rules and regulations of any governmental jurisdiction applicable to the leased premises and shall take all measures necessary to prevent or abate nuisances or other grievances arising out of the manner of the occupancy of the premises for its business purposes. Tenant shall further maintain the appearance of the premises in manner that is aesthetically pleasing and consistent with other business users in the neighborhood and shall not accumulate trash or debris nor display merchandise on the premises. (10)Utilities. Lessor shall be responsible for furnishing Tenant electric, water, gas, and garbage disposal in the space leased exclusively to Tenant. (11)Alterations. Tenant shall not make any alterations, additions or improvements to the premises without first obtaining written permission from the Lessor and any such alterations, additions or improvements which are permitted shall inure to the benefit of the Lessor upon expiration of the lease and surrender of the premises by the Tenant. (12)Indemnification. Tenant shall indemnify Lessor and hold it harmless from and against any and all claims, actions, damages, liability and expense in connection with the loss of life,
personal injury or damage to property occurring in or about, or arising out of, the leased premises, or occasioned wholly or in part by any act or omission of Tenant, its agents, licensees, concessionaires, customers or employees. In the event Lessor shall be made a party to any litigation, commenced by or against Tenant, its agents, licensees, concessionaires, customers or employees, then Tenant shall protect and hold Lessor harmless and shall pay all costs, expenses and reasonable attorneys' fees included or paid by Lessor in connection with such litigation. (13)Environmental Matters. With respect to any pollutants, contaminants, chemicals, or industrial, toxic or hazardous substance or material defined as such in, or for purposes of, all applicable environmental laws, rules, regulations and ordinances now or hereafter in effect ("Environmental Laws"), including without limitation, any waste constituents coming within the definition or list of hazardous substances in 40 C.F.R. 261.1 through 261.33 ("Hazardous Material"), the Tenant represents, warrants and covenants that it will indemnify and hold Lessor harmless from and against any and all losses, liabilities, damages, injuries, interest, deficiencies, fines, penalties, costs, expenses, attorneys' fees, disbursements, and costs of investigation and clean-up, including without limitation, claims, suits, and proceedings by federal, state, or local government authorities with respect to, or as a direct or indirect result of (i) the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, discharging or releasing from, the property of any Hazardous Material, if such occurs during the term of the lease, (ii) any other environmental pollution, including without limitation, any contaminant, waste, irritant or pollutant, discharged into or otherwise contained in the environment at or adjacent to the property if such occurs during the term of the lease, (iii) non-compliance relating to the Tenant's business or the property with any Environmental Law or any other federal, state or local statute, law, ordinance, rule, regulation, order or decree, or (iv) the inaccuracy, misrepresentation or violation or default of or under any matter set forth in this section unless any such loss, liability, damage, injury or the like is directly caused by negligent acts of the Lessor. In addition, the Tenant shall at all times keep on file with the Macon County Fire Marshall a list of any of the materials, substances, or chemicals described in this paragraph and stored or kept on the leased premises. (14)Incidents of Default. Each and every term of this lease is a material part of this lease and continuation of the lease is conditioned on the parties' adherence to its terms. The breach or threatened breach of any of the lease terms by the Tenant shall be deemed an incident of default. A declaration of insolvency or the filing of a petition of bankruptcy by the Tenant shall also be deemed an incident of default. In the event Tenant defaults as defined in this paragraph, Lessor may declare the lease terminated and retake possession of the premises upon allowing Tenant a reasonable time to vacate the premises and remove its personal property from the premises.
In testimony whereof, the parties have signed this lease in their respective corporate names by their appropriate corporate officers and affixed their corporate seals effective as of the date first written above in duplicate originals, one of which is retained by each of the parties.
COUNTY OF MACON By: _______________________________ Chairman, Board of Commissioners ATTEST: ________________________________ C. Jack Horton, Clerk to the Board FOREX CURRENCY TRADE ADVISORS, LLC. By: _______________________________ Authorized Representative

MEETING DATE: December 11, 2012 DEPARTMENT/AGENCY: Finance SUBJECT MATTER: Resolution installment financing contracts authorizing negotiation of
DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Please see the attached document that provides a resolution authorizing county officials to negotiate one or more installment financing contracts regarding limited obligation bonds. Also, please note that this resolution calls for a public hearing to be held on this and other related matters at the boards January 8, 2013 regular meeting. The County Manager and Finance Director can provide additional details at the meeting. COUNTY MANAGERS COMMENTS/RECOMMENDATION:
Yes
___
No

MEETING DATE: December 11, 2012 DEPARTMENT/AGENCY: Housing SUBJECT MATTER: Satisfaction of security instrument DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Please see the attached note from Housing Director John Fay to the County Manager regarding this particular matter. In turn, the County Manager is seeking authorization to sign the attached Satisfaction of Security Instrument.
Yes
___
No

MEETING DATE: December 11, 2012 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Consent Agenda DEPARTMENT HEAD COMMENTS/RECOMMENDATION:
A. Minutes Consideration of the minutes from the November 13th, November 20th and December 3rd, 2012 meetings per attachment 11A. Finance Consideration of budget amendments #74 and #75 per attachment 11B, which includes an e-mail explaining the request regarding #74. Tax releases Consideration of tax releases in the amount of $192.75 per attachment 11C. The supporting documentation is on file in the Deputy Clerks office. Monthly Tax Collection Report For the boards information, the monthly ad valorem tax collection report is attached as 11D. It does not require board action. Change Order No. 1 on Swiss Colony Project The County Manager is recommending a 21-day time extension on this project, as recommended by McGill Associates, per attachment 11E. Macon County Public Health FY 12-13 Billing and Collection Policies and Fee Schedules Per Attachment 11F
B.
C.
D.
E.
F.
Attachments ___X__ Agenda Item 11A-11F
Yes
___
No
MACON COUNTY BOARD OF COMMISSIONERS NOVEMBER 13, 2012 MINUTES Chairman Corbin convened the meeting at 6:02 p.m. All Board Members, the County Manager, Deputy Clerk, Finance Director, County Attorney, members of the news media and interested citizens were present. ANNOUNCEMENTS: The County Manager announced the birth of a new grandchild in the Horton family. Commissioner Beale noted that the Essentials of County Government course for newly elected officials would be held in Asheville January 9th and 10th. Chairman Corbin noted that he would have to leave the meeting early in order to drive to Raleigh for a meeting of the North Carolina Association of County Commissioners (NCACC) Legislative Goals Committee scheduled for the next morning. MOMENT OF SILENCE: Chairman Corbin asked those in attendance to observe a moment of silence. PLEDGE TO THE FLAG: Led by Commissioner Haven, the pledge to the flag was recited. PUBLIC COMMENT: Ken Neitz told the board that, as a travel team baseball coach and as a Little League umpire, he wanted to give his endorsement of the boards plans to create a new recreation complex in the county. Todd Ensley, who coaches a softball travel team, said the proposed new complex would be a great addition to the county, adding that more space was much needed. He told the board that a family of a travel team player would spend up to $400 or $500 per weekend. Chris Beasley addressed the board regarding the LeadsOnline program under consideration by the Macon County Sheriffs Office, and asked that the board not pass a proposed ordinance that would require the transmission of certain information from pawn shop owners and others to the Sheriffs Office. Chairman Corbin suggested that Sheriff Robert Holland and Brian Welch, the staff attorney for the Sheriffs Office, meet with Mr. Beasley to discuss the program. Jamie Stiles also addressed the issue of more playing fields, saying that while it would provide the prospect of hosting travel ball tournaments, it would also provide more opportunities for local leagues who have limited fields on which to practice. Billy Vanhook told the board that at one time, the county was the envy of the region due to its recreation park, but weve got the same park we had 35 years ago, and its time to have more than what weve Minutes 11/13/12 Page 1 of 7
got. He said finding the right piece of property is the key, and noted efforts in surrounding counties to provide better athletic facilities. ADJUSTMENTS TO AND APPROVAL OF THE AGENDA: Upon a motion by Commissioner Kuppers, seconded by Commissioner Beale, the board voted unanimously to approve the agenda as adjusted, as follows: To add a report on the North Carolina Association of County Commissioners (NCACC), per the request of Commissioner Beale, under Reports/Presentations as Item 8D.
READ2ME PROGRAM Brittney Parker made a presentation to the board on the Read2Me Program, a community-wide initiative to promote early literacy in preschoolers, explaining that it has a three-prong mission to (1) increase public awareness in the community, (2) get books into the hands of all pre-school aged children and (3) provide parent training and involvement. She outlined a new venture with the Highlands Literacy Council, where children in Macon County who register will get a new book every month from birth through the age of five, as provided through Dolly Partons Imagination Library. While not asking for a donation from the county, she noted that a gift of $30 helps provide a years worth of books for a child, and that the effort hopes to reach as many as 500 children in the first year. ECONOMIC IMPACT STUDY OF ATHLETIC TOURNAMENTS AND RECREATION FACILITIES: Chairman Corbin stated that the board had been involved in ongoing conversations about the need for additional space for recreation, and, noting the difficulty of finding flat land, an opportunity had come to the boards attention in the last six months. Were not just pulling this out of the air, he said. He also explained that Commissioner Beale would not be taking part in this discussion, as he is a member of the board of directors of Macon Bank, which has a financial interest in the property under consideration. Parks and Recreation Director Seth Adams made a PowerPoint presentation entitled Recreational Facility Expansion and the Economic Impact of Athletic Tournaments (Attachment 1), a copy of which is attached and is hereby made a part of these minutes. He pointed out that more than 1,100 people play in organized baseball and softball leagues in the county. He explained that a preliminary site layout had been prepared for a 48-acre piece of property off Old Patton Road west of Franklin known as the former Parker Meadows Golf Course. The layout has room for four adult fields and four youth fields in cloverleaf patterns. Tommy Jenkins, the countys Economic Development Director, joined in Minutes 11/13/12 Page 2 of 7
the presentation by outlining the potential economic impact of hosting weekend tournaments at such a facility, adding that this presents a unique opportunity for the county. CONSIDERATION OF ADDITIONAL RECREATION AREAS: Chairman Corbin began the discussion by stating that the county would have to own the property in order to apply for matching grant funds from the North Carolina Parks and Recreation Trust Fund (PARTF). He also handed out copies of letters of support for the project from state Sen. Jim Davis and state Rep. Roger West. Commissioner Kuppers said that LuAnn Bryan with the North Carolina Division of Parks & Recreation had also written a letter of support after visiting the site, stating that while she cannot guarantee PARTF funding, she was impressed with the property and views it as an excellent opportunity. Commissioner Kuppers said that up to $500,000 could be available from PARTF to help purchase and develop the site. Copies of the letters from Sen. Davis, Rep. West and Ms. Bryan are attached (Attachments 2, 3 and 4) and are hereby made a part of these minutes. The County Attorney said that the county has an offer from the owner, Willow Creek Motorcoach Estates, to purchase the property for $550,000, and that it is currently appraised at $775,000. Pending the receipt of the PARTF money, the net cost to the county would be $275,000. The said the county has until December 15, 2012 to perform its due diligence, and would need to close on the property by December 31, 2012. The County Manager said the board would need to formally approve the purchase of the 47.94-acre tract, which would not be financed as the money would come from fund balance, requiring a budget amendment. Because the property has already been disturbed, there should be no archaeological issues. Citing this as a golden opportunity, Commissioner Haven made a motion to move forward with the offer to purchase at $550,000, with the money to come from the countys undesignated fund balance, and Commissioner Kuppers seconded the motion, with the board voting 4-0 to approve (Commission Beale abstained). The County Attorney pointed out the need for a $5,000 earnest money check. NCACC REPORT: Prior to his NCACC report, Commissioner Beale said that construction on the new dialysis center should begin in January. He then explained that more than 2,100 bills were introduced in the General Assembly last year, and that there are now 871 registered lobbyists. He commented that the attitude in Raleigh is to pass it down to the counties, and as an example, said that 50 percent of the cost of Health and Human Services programs have been handed down to counties as unfunded mandates, or in the vernacular of the capital partnerships. Minutes 11/13/12 Page 3 of 7
Chairman Corbin declared a recess at 7:43 p.m. and left the meeting soon thereafter. Vice-chairman Kuppers called the meeting back to order at 7:59 p.m. PROCLAMATION FOR PANCREATIC CANCER AWARENESS MONTH: Commissioner Beale read the proclamation, prepared by the County Manager, into the record. It designates the month of November 2012 as Pancreatic Cancer Awareness Month, and more specifically, November 15, 2012 as Pancreatic Cancer Awareness Day in the county. Upon a motion by Commissioner Beale, seconded by Commissioner Tate, the board voted unanimously to adopt the proclamation as presented (Attachment 5), a copy of which is attached and is hereby made a part of these minutes. RELEASE OF SEWER EASEMENT: The Vice-chairman explained that a sewer easement obtained from William and Carolyn Boatwright was not used due to relocating the sewer line and recommended release of the easement. The County Attorney had prepared a Resolution Authorizing Quitclaim Deed of Individual Sanitary Sewer Easement to address this matter, and upon a motion by Commissioner Beale, seconded by Commissioner Tate, the board voted unanimously to waive the reading of the resolution, release the easement and adopt the resolution as presented (Attachment 6), a copy of which is attached and is hereby made a part of these minutes. ADULT DENTAL CLINIC: (1) Following an explanation from the County Attorney, and upon a motion by Commissioner Beale, seconded by Commissioner Tate, the board voted unanimously to adopt a Resolution Exempting Architectural Design Project from the Provisions of North Carolina General Statutes Section 143-64.31 as the professional fee for the adult dental clinic is less than $30,000. A copy of the resolution is attached (Attachment 7) and is hereby made a part of these minutes. (2) The County Attorney also explained the details of a proposed lease agreement between the county and C.J. and Maxine Ramey for space for the dental clinic, which includes 2,000 square feet of commercial space located at 108 Macon Center Drive at a rent of $1,250 per month beginning December 1, 2012. Following further discussion, and upon a motion by Commissioner Beale, seconded by Commissioner Tate, the board voted unanimously to approve a Resolution of the Macon County Board of County Commissioners Approving Lease Agreement with C.J. Ramey and Wife, Maxine Ramey as presented. A copy of the resolution and lease agreement are attached (Attachment 8) and are hereby made a Minutes 11/13/12 Page 4 of 7
part of these minutes. (3) Jimmy Villiard with Macon County Public Health told the board that all of the existing equipment at the adult dental clinic would be moved into the new location, and that bids for one new chair had been advertised. Of the two that were received, the low bid was from Henry Schein Dental at $114,885. Tammy Keezer with Macon County Public Health explained that sufficient Medicaid cost share funds were available to cover the purchase. Upon a motion by Commissioner Haven, seconded by Commissioner Tate, the board voted unanimously to accept the low bid as presented. REFINANCING OF LAKE EMORY ROAD PROPERTY BY MACON CITIZENS HABILITIES: Prior to the discussion, Commissioner Kuppers disclosed that his wife is an employee of Macon Citizens Habilities (MCH). The County Manager explained that MCH is looking to refinance its property on Lake Emory Road in order to pay off the Webster Group Home located in Jackson County. He said that MCH is looking to consolidate debt and to accelerate the payoff of that debt. The County Attorney reviewed the existing mortgage and MCHs line of credit (on which nothing is owed) and told the board that the refinance is driven by good business practice, allowing MCH to save $25,000. He explained that if the board agrees to the two subordination agreements under consideration one for the property and the other for the line of credit that in the event of default by MCH, the county will be placing its interests behind those of Macon Bank, which holds the mortgage and line of credit. Upon a motion by Commissioner Beale, seconded by Commissioner Haven, the board voted unanimously to approve both of the subordination agreements as presented (Attachments 9 and 10), copies of which are attached and are hereby made a part of these minutes. REVISED CONTRACT FOR POOL RENOVATIONS: The County Manager explained that a revised contract with Augusta Aquatics, Inc. was necessary to include the required purchase of payment and performance bonds for the swimming pool renovation project at the county recreation park. This would raise the contract amount from $338,500 as approved by the board at its October 9, 2012 meeting to $346,161. The Finance Office noted that this would require a budget amendment in the amount of $7,661. Upon a motion by Commissioner Tate, seconded by Commissioner Beale, the board voted unanimously to approve the contract as revised as well as the necessary budget amendment. A copy of the agreement is attached (Attachment 11) and is hereby made a part of these minutes.
Minutes 11/13/12 Page 5 of 7
MOBILE REPEATER FOR NANTAHALA VOLUNTEER FIRE DEPARTMENT: The County Manager said that due to the inability to send and receive adequate radio transmissions in the Nantahala area, it appears that the best solution is to purchase a mobile repeater that will be at the site of any emergency. He also noted that this will be much cheaper than constructing additional repeater towers. Commissioner Tate said that the county has a quote of $1,943.92 for the mobile repeater, which has worked well in tests conducted by the countys emergency service technicians, who feel this is the best option. Upon a motion by Commissioner Tate, seconded by Commissioner Haven, the board voted unanimously to purchase the mobile repeater for Nantahala, and to approve a budget amendment that will move $2,000 from contingency to pay for the device. PURCHASE OF GAS LEAK DETECTION UNITS FOR VOLUNTEER FIRE DEPARTMENTS: The County Manager provided background information on this issue, explaining that several years ago, the county used a Homeland Security grant to purchase and distribute gas monitoring devices to all of the countys volunteer fire departments. However, these older devices are required to be calibrated from time to time, and this has become problematic for the departments, creating a potential safety issue. A newer version that eliminates the need for the calibration is available for $350, and he recommended that the board allow the countys Emergency Services Department to purchase and distribute new devices to each of the 11 volunteer fire departments at an approximate cost of $3,850. Upon a motion by Commissioner Haven, seconded by Commissioner Tate, the board voted unanimously to purchase the new gas monitors as recommended. INTERLOCAL AGREEMENT FOR TRANSFER OF COWEE SCHOOL: The County Manager explained that the interlocal agreement between the county and the Macon County Board of Education transfers ownership of the old Cowee School from the school system to the county as promised once the new Iotla Valley Elementary School was built, allowing the school system to declare the Cowee School property as surplus. By approving the interlocal agreement, the county accepts the transfer. Upon a motion by Commissioner Beale (who expressed his appreciation to the school board), seconded by Commissioner Haven, the board voted unanimously to approve the interlocal agreement as presented, a copy of which is attached (Attachment 12) and is hereby made a part of these minutes. POLICY FOR VOLUNTARY SHARED LEAVE PROGRAM: The County Manager shared that an ongoing need has arisen that can be resolved to Minutes 11/13/12 Page 6 of 7
some extent by adopting an amendment to the county personnel policy that allows for leave time to be voluntarily shared under certain circumstances. He said this is a reasonable and fair approach in assisting an employee who is personally dealing with a major illness or injury, or one involving an immediate family member, and he recommended approval of the policy amendment. Upon a motion by Commissioner Beale, seconded by Commissioner Tate, the board voted unanimously to amend the Macon County Personnel Policy as presented. A copy of the Voluntary Shared Leave Program is attached (Attachment 13) and is hereby made a part of these minutes. SPECIAL CALLED MEETING: Due to a state law that requires the board of commissioners to meet on the first Monday in December of each evennumbered year to elect a chair and a vice-chair, the County Manager said the board would need to call a special meeting for Monday, December 3, 2012 to have the recently-elected commissioners take the oath of office, to elect officers and to consider other organizational matters. Upon a motion by Commissioner Beale, seconded by Commissioner Tate, the board voted unanimously to call a special meeting for Monday, December 3, 2012 at 6 p.m. in the commission boardroom located at 5 West Main Street in Franklin, NC for the purposes stated above. RECESS: At 9:12 p.m., vice-chairman Kuppers recessed the meeting until Tuesday, November 20, 2012 at 6:30 p.m. in the commission boardroom located at 5 West Main in Franklin, NC.
_____________________________ Jack Horton, County Manager Clerk to the Board
______________________________ Kevin Corbin Board Chairman
MACON COUNTY BOARD OF COMMISSIONERS NOVEMBER 20, 2012 6:30 P.M. CONTINUED SESSION MINUTES Chairman Corbin convened the continued session at 6:32 p.m. in the Commissioners Boardroom on third floor of the courthouse as recessed from the November 13th regular meeting. All Board Members, the County Manager, Deputy Clerk, Finance Director, County Attorney, interested citizens and members of the news media were present. Chairman Corbin explained that there would be a time later in the agenda for a special recognition for Commissioner Kuppers. ADJUSTMENTS TO AND APPROVAL OF THE AGENDA: Upon a motion by Commissioner Haven, seconded by Commissioner Kuppers, the board voted unanimously to adjust and approve the agenda as outlined below: To remove Item 12, Resolution and lease with Forex Currency Trade Advisors, LLC, per the County Manager. To add discussion regarding the Cullasaja River Stabilization Project as the new Item 14, per the County Manager. To move Item 13, Resolution and lease with Debra Green doing business as The Appointed Home, to make it the new Item 4, per the County Manager. To add discussion with Chris Alexander of First Tryon Advisors and consideration of the refinancing of debt as Item 6A, per the County Manager. To remove Item 10, Macon Tracs agreement with the Macon County Board of Education, per the County Attorney. To add Mildred Hamilton and discussion of Christmas in the Park as Item 3B. To add consideration of the Community Funding Pool recommendations at the end of Karen Wallaces presentation on the Fontana Regional Library agreement as Item 3A. To add an item regarding the South Macon PTO as Item 15, per Commissioner Tate.
ANNOUNCEMENTS: Commissioner Kuppers took the opportunity to brag on his community by pointing out that the Cowee Community Development Organization took home the highest honor of Communities of Distinction at the recent WNC Communities 63rd Annual Honors Awards Program in Asheville. He explained that there were many reasons for the award, but pointed out that more than 200 citizens had made some effort, either in-kind or through cash donations, to assist
with the refurbishment of the old Cowee School, and to turn your back on that kind of community effort would be a tragic mistake. FONTANA REGIONAL LIBRARY DRAFT AGREEMENT: Karen Wallace, the director of Fontana Regional Library, told the board that an updated agreement has been drafted for the consideration of the three participating local governments (Jackson, Macon and Swain) in the region. She noted that the original agreement from 1954 had never been revised. The changes were prompted by legislative revisions to laws relative to libraries, and she said that work on the draft had been going on for about a year. She went over six major changes to the agreement, adding that other language was formalized to bring it up to current standards. She asked that the county execute the agreement by December 31, 2012. Commissioner Kuppers said that he and the County Manager had met with Ms. Wallace regarding this matter and that we accept this draft. Chairman Corbin noted that all three county boards of commissioners will need to approve the same document. The County Manager said there is some discussion about insurance coverage, as the county covers the building and the regional library covers the contents, and he said those could be covered under the countys insurance. Upon a motion by Commissioner Kuppers, seconded by Commissioner Beale, the board voted unanimously to approve the draft agreement as presented (Attachment 1), a copy of which is attached and is hereby made a part of these minutes. COMMUNITY FUNDING POOL RECOMMENDATIONS: Ms. Wallace, who chairs the Community Funding Pool committee, presented the recommendations for Fiscal Year 2012-13, explaining that eight of 11 grant applications were funded with the $50,000 available in the pool. Following discussion, and upon a motion by Commissioner Kuppers, seconded by Commissioner Beale, the board voted unanimously to approve the recommendations as presented, a copy of which is attached (Attachment 2) and is hereby made a part of these minutes. RESOLUTION AND LEASE WITH DEBRA GREEN DOING BUSINESS AS THE APPOINTED HOME: Economic Development Director Tommy Jenkins told the board that The Appointed Home fits the model of what the Economic Development Commission (EDC) is trying to accomplish at the Business Development Center, and recommended that a new oneyear lease for space in the center be approved at the current rate of $192 per month. He said the EDC also recommended approval as the business is one of our success stories. The County Attorney explained that he had prepared a resolution and lease in regard to this, and upon a motion by Commissioner Beale, seconded by Commissioner Tate, the board voted unanimously to approve a resolution declaring property to be surplus and approving a one year lease of the same by Macon County
to Debra Green, D/B/A The Appointed Home. The lease is effective from November 1, 2012 to October 31, 2013, and a copy of the resolution (Attachment 3) and lease (Attachment 4) are attached and are hereby made a part of these minutes. CHRISTMAS IN THE PARK: Mildred Hamilton told the board about efforts to bring Christmas in the Park back to the county recreation park this year, but said the group involved needed space for items to be stored once the event is over so that they can be used again next year. Following discussion, the board agreed to refer the item to the County Manager and asked him to handle it administratively. RECOGNITION OF COMMISSIONER KUPPERS: Saying that to everything there is a season, Chairman Corbin opened a time of special recognition for outgoing commissioner Bobby Kuppers. Each member of the board and the staff seated at the dais was given the opportunity to express their appreciation to Commissioner Kuppers just prior to the presentation of gifts by Commissioner Beale on behalf of the county. During his remarks, Commissioner Kuppers thanked the countys employees, the media, the countys department heads including the deputy clerks and finance officers with whom he had served, County Manager Jack Horton and his fellow commissioners. In closing, he urged, Dont stop having the conversation. At 7:30 p.m., Chairman Corbin declared a recess, at which time a reception for Commissioner Kuppers was held. Chairman Corbin called the meeting back to order at 7:56 p.m. AGREEMENT WITH DNET: The County Manager explained that in exchange for being allowed to place a web camera on top of the courthouse to provide Internet viewers with a look at downtown Franklin, Dnet was willing to provide one megabyte (1MB) of additional bandwidth to the county for use at the Business Development Center. The County Attorney noted the need to change one item in the proposed Letter of Agreement between the two parties. Upon a motion by Commissioner Kuppers, seconded by Commissioner Tate, the board voted unanimously to approve the Letter of Agreement as amended (Attachment 5), a copy of which is attached and is hereby made a part of these minutes. REALIGNMENT OF SCHOOLS CAPITAL OUTLAY PROGRAM: The County Manager said that within the current capital outlay program for Macon County Schools, there are three categories, and that within those categories, certain priorities were being realigned due to immediate school needs. However, the overall capital outlay amount of $256,000 for the current fiscal year will not change. These changes was discussed at
a recent school facilities meeting that included Chairman Corbin and Commissioner Beale, both of whom were in agreement with the readjusted priorities. Upon a motion by Commissioner Beale, seconded by Commissioner Haven, the board voted unanimously to realign the capital outlay program as presented (Attachment 6), a copy of which is attached and is hereby made a part of these minutes. HIGHLANDS QZAB APPLICATION:
MACON COUNTY BOARD OF COMMISSIONERS DECEMBER 3, 2012 6 P.M. CALLED MEETING MINUTES CALL TO ORDER: Chairman Corbin called the special meeting to order at 6 p.m. in the commission boardroom on the third floor of the Macon County Courthouse. All Board Members, the County Manager, Deputy Clerk, Finance Director, County Attorney, members of the news media and interested citizens were present. Following some brief opening comments, Chairman Corbin turned the meeting over to the County Manager. OATHS OF OFFICE: The County Manager explained that state law requires that the board of commissioners meet on the first Monday in December in even-number years to elect a chairman and a vicechairman. Prior to those elections, the recently elected board members must take the oath of office, and the County Manager recognized Superior Court Judge James U. Downs. Following some brief comments, Judge Downs administered the oath of office individually to H. Kevin Corbin, James Phil Tate and Paul Clayton Higdon, respectively. Signed copies of the oaths are attached (Attachments 1, 2 and 3) and are hereby made a part of these minutes. ELECTION OF CHAIRMAN: The County Manager conducted the election of the board chairman and opened the floor for nominations. Commissioner Beale nominated Commissioner Corbin, and Commissioner Tate seconded the nomination. There were no other nominations. The board voted unanimously to select Commissioner Corbin as chairman, and the County Manager turned the meeting over to him. ELECTION OF VICE-CHAIR: Chairman Corbin opened the floor for nominations for vice-chairman. Commissioner Tate nominated Commissioner Beale, and Commissioner Haven seconded the nomination. There were no other nominations. The board voted unanimously to select Commissioner Beale as vice-chairman. ANNOUNCEMENTS: Commissioner Beale asked for the opportunity to make an announcement, and recognized Bill Gibson, who recently retired as Executive Director of the Southwestern Commission (Region A), and Ryan Sherby, the new executive director. Commissioner Beale thanked Mr. Gibson for his many years of service to Macon County and the Minutes 12/03/12 Page 1 of 3
region, and he also pointed out that Chairman Corbin is in line to become the chair of the Southwestern Commission in two years, while Commissioner Tate is serving on the agencys Mountain Resources Commission. RESOLUTION REGARDING EXAMINATION OF PUBLIC OFFICIALS BOND: The County Manager explained that North Carolina General Statute (N.C.G.S.) 58-72 requires that the board annually examine the bonds of the public officers listed in N.C.G.S. 58-72.12, which includes the Finance Director, Tax Administrator, Register of Deeds and Sheriff. For the record, it was noted that the Finance Director has secured the appropriate bonds with sufficient surety from The Ohio Casualty Insurance Company in order to qualify those officials listed for office. Upon a motion by Commissioner Haven, seconded by Commissioner Beale, the board voted unanimously to approve a resolution entitled Examination of Official Bond for Public Officials of Macon County, a copy of which is attached (Attachment 4) and is hereby made a part of these minutes. ADOPTION OF 2013 REGULAR MEETING SCHUDULE: Upon a motion by Commissioner Beale, seconded by Commissioner Tate, the board voted unanimously to approve its regular meeting schedule for 2013, with regular meetings set for the second Tuesday of each month beginning at 6 p.m. in the commission boardroom on the third floor of the Macon County Courthouse at 5 West Main Street in Franklin, North Carolina. A copy of the schedule is attached (Attachment 5) and is hereby made a part of these minutes. CONTRACT FOR INSTALLATION OF REUSE SYSTEM: The County Manager explained that the final piece of the Little Tennessee River/Cartoogechaye Creek Trunk Sewer Project is to install a purple pipe reuse system at the county landfill. The water from this system can be used to wash down the animal shelter and landfill equipment, applied to dusty roads at the landfill and irrigate plants at the countys Environmental Resource Center. The work will not be performed by the original contractor on the project, Garys Grading and Paving, and the state allowed the county to seek informal bids to finish this work. The low bid of the four submitted was by Watson Construction at $124,895, and the County Manager recommended that the board award the bid to Watson Construction, noting that if approved, the contractor could start right away and likely have the project finished prior to the end of the year. Upon a motion by Commissioner Beale, seconded by Commissioner Haven, the board voted unanimously to award the bid to Watson Construction as presented. Minutes 12/03/12 Page 2 of 3
BOARD RETREAT: At the suggestion of the chairman, the board agreed to hold a mid-year retreat on Saturday, January 19, 2013 beginning at 9 a.m. in the boardroom at the Southwestern Community College Macon Campus on Siler Road. The board members also discussed attending the Essentials of County Government course in Asheville, NC on January 9-10, 2013. ADJOURN: Following closing comments from all the board members, and upon a motion by Commissioner Beale, seconded by Commissioner Haven, the board voted unanimously to adjourn at 6:32 p.m.
_____________________________ Jack Horton, County Manager Clerk to the Board
______________________________ Kevin Corbin Board Chairman
MCPH Billing Guide FY 13
Effective July 1, 2012
MACON COUNTY PUBLIC HEALTH
FY 12-13
Billing and Collection Policies And Fee Schedules
Presented to and Approved by Board of Health on 06-26-2012 Presented to and Approved by Board of Commissioners on ____________

MACON COUNTY PUBLIC HEALTH BILLING AND COLLECTION POLICIES
RATIONALE North Carolina law1 allows a local board of health to impose a fee for services to be rendered by a
local health department, except where the imposition of a fee is prohibited by statute or where an employee of the local health department is performing the services as an agent of the State.
Fees may be based on a plan recommended by the Health Director; The plan must be approved by the Board of Health and the Board of County Commissioners; And, fees collected under the authority of this subsection are to be deposited to the account
of the local health department so that they may be expended for public health purposes in accordance with the provisions of the Local Government Budget and Fiscal Control Act.
The State requires local health departments to provide certain services, and no one may be denied these services. It is in the best interest of our community for the Health Center to:
Assure that all residents can get all legally required public health services. Provide as many other recommended and needed health services as possible, within the resources we
still have available to use. The purpose of charging fees is to increase resources and use them to meet residents needs in a fair and balanced way. Fees are necessary to help identify and cover the full cost of providing public health services. As much as possible, fees are based on the true cost of providing a particular service (calculated as direct costs plus indirect costs). Throughout the year, ongoing cost analyses are performed and fee schedules shall be adjusted by the Health Director, in the amount of the increased cost for prevision of said services. A list of Health Center fees is available upon request. The information in the document below is the fee plan for FY 13, effective on July 1, 2010. This Billing Guide for FY13 replaces all earlier plans. COST OF SERVICE DETERMINATION Costs for services received through the Health Center are firstly based on the current Medicaid rate and then adjusted according to the actual cost of the service. If there is no Medicaid rate then fees are determined through cost analysis. Cost analysis takes into account all of the resources associated with providing a particular service and calculates the actual cost to provide that service. Cost analysis includes the calculation of direct and indirect costs for services and then adding these figures together to determine the actual cost of the service. Calculating direct cost: Direct costs are expenses that can be easily related to the provision of a specific service, i.e., physician and support staff salaries and benefits, medical supplies, lab tests, and other resources consumed at the time of the service. Calculating indirect costs: Indirect costs involve resources that are not directly consumed during the provision of a service, but without them the provision of that service would not be possible, i.e., administrative staff salaries and benefits, training costs, facility costs, insurance premiums, office equipment and supplies, and recruiting and marketing expenses.
North Carolina General Statue 130A-39(g) Page 2 12/6/2012

PAYMENT BY CONSUMER
Fees are charged for services and collected at the Health Center. See attachment for fee schedule. All fees are the responsibility of the patient, consumer or responsible party and may be subject to the sliding fee scale. No consumer will be refused services solely on their inability to pay for said services. All fees may be paid by cash, check, or major credit card. Full payment is expected at the time of service. Consumers will be informed of their account status at each visit. An itemized receipt will be provided to individuals at time of payment. Fees for adult dental services will be collected before the service is rendered. Prepayment of co-pays for all services in which co-payments apply will be required and collected when services are rendered. Fees will be charged to individuals in families with annual gross incomes exceeding specified levels of a scale based on current Federal Poverty Income Guidelines. Verification of income and family size must be provided to determine a patients eligibility status. Verification (proof) of income may be provided for Family Planning services; however, if the patient has no proof of income, the patients declaration of income shall be accepted and any charge shall be based on what he/she declares. Falsification of this information will permanently disqualify consumers from using sliding fee scale, except for Family Planning services. Eligibility will be reevaluated as patients income and household status changes or at least annually. If income cannot be verified at the time of screening, the charge for all services except Family Planning will be at 100% pay. If verification of income is received within thirty days of a service, the charge will be retroactively adjusted to reflect percent pay based on verification received. Verification received after thirty days will be applied only to future services. Eligibility of Medicaid will be determined where applicable. Individuals will be required to provide all social security numbers and names used for employment purposes. If an individual refuses to provide information to verify income, they will not be eligible for the sliding fee scale and will be at 100% pay. Customary visit services for mandatory childhood immunizations, community outreach, tuberculosis, TB related X-rays, sexually transmitted disease control (STD), and other epidemiological investigations are provided at no cost to the consumer but may be billed to Medicaid or other third party agent. Separate fees may be charged for drugs, supplies, laboratory services, X-rays and other technological services, if appropriate. The costs of services performed by providers not affiliated with the Macon County Public Health Center are the responsibility of the patient/consumer. Fees may be charged or waived for educational services provided to individuals or groups, such as orientation, preceptorship, field training or classes. Charges not eligible for sliding scale discount include: a. Environmental Health services b. Non-mandated immunization services c. Miscellaneous/general services (see Miscellaneous/General section below) d. Out-of-county residents (see Out-of-County Service Restrictions section below) e. Specific insurance situations (see Insurance section below for details) Bills will be mailed monthly to individuals who have not paid charges in full for services rendered (exception Family Planning for those that request no mail be sent to their home). All bills will show total charges, as well as any discount that may have been provided. Arrangements may be made for payment plans when required for good cause. PAYMENT BY THIRD PARTY Verification of enrollment under Medicare, Medicaid, insurance or other third party payment plan is required by presentation of a valid card at the time of service. The Health Center is required to bill only participating third party payers for services rendered. Services that are billed to third parties are billed at 100% of the total charge with no discount applied. When the claim is returned from the third party payer all discounts are applied at that time. (i.e., any applicable sliding fee scale adjustment) For services rendered to
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consumers with insurance where the Health Center is not a participating provider, the consumer will be responsible for full payment of service when the service is delivered. The Health Center is currently participating with Medicaid, Medicare, Blue Cross Blue Shield, Crescent, Tri-care and NC Health Choice for medical services. The consumer is responsible for charges not covered by third party payers. Co-pay amounts must be paid at the time of services and are not subject to the sliding fee eligibility scale. Sliding fee scale discount does not apply in the following situations: a. Consumers with insurance in which MCPH is not participating provider. b. Consumers with any insurance who choose not to use their coverage. c. Insurance co-payments (when MCPH is a participating provider) ACCOUNT COLLECTIONS AND BAD DEBT The Health Center will issue all consumers a monthly statement of fees that have been incurred and are due. Consumers are expected to make payment at the time services are rendered. If a balance is carried forward consumers who have not made a payment on their account for any service(s) received from Macon County Public Health for 120 days shall be required to pay their past due balance before another service shall be rendered (see Service Denial for further information). The Health Center may use the following resources to pursue collection of patient accounts: billing statements, past due notices, collection agencies or credit bureaus, and the NC Local Government Debt Setoff Clearinghouse (ref: NCGS 105A-1 et seq.) as administered by the NC Department of Revenue
Accounts will be reviewed annually for bad debt status, and at that time with the approval of the BOH and the BOCCs the amounts may be written off for accounting purposes if no further collection is anticipated. Any payments received for write-off debts will be accepted and credited to appropriate accounts. At no time will a patient be notified that the account has been written off as a bad debt. Bad debts, which are determined uncollectible (i.e. bankruptcy, death), will be written off permanently upon notification. CONSUMER DONATION POLICY
A consumer may choose to make a donation to the agency. The consumer will never be asked to make a donation, but if offered the donation is accepted. Donations are not required, and are not a prerequisite for the provision of any service. Billing requirements set out above in the Payment by Consumer section are not waived because of consumer donations. (ref: Donation Policy 101.9) RETURNED CHECK POLICY A $25.00 fee may be charged for a returned check written to Macon County Public Health (MCPH). The consumer will be notified via telephone, if possible, of the returned check. If a telephone number is not available, a written notification will be sent. All returned checks will be made good via cash, money order, and/or certified check. If a consumer has two returned checks within a one-year period, he/she will be required to pay for services in advance via cash, money order, or certified check for the period of one year. After the one-year period expires, if another returned check occurs, all future bills must be paid with cash, money order, or certified check prior to the provision of services. REFUNDS
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In the event that a consumer or other third-party has overpaid their responsible charges, the credit balance is either: applied to future charges or refunded to the payer within thirty (30) days of discovery or request. Refunds for Environmental Health services are determined by attached policy and procedure. SERVICE DENIAL No individual may be denied Health Center mandated services e.g. communicable disease services (STD/TB). These services are provided at no charge to the consumer. Individuals who do not meet program guideline criteria may be denied specific services. Consumers covered by Medicaid who fail to make required co-payments will not be denied services. Individuals who have not paid proper charges for previous services (unless state and federal program rules prohibit services restriction or denial) may be required to pay fees beforehand, be denied access to services (see Account Collections and Bad Debts), or be denied subsequent services pending demonstration of a good faith effort to make payment within the past ninety (90) days. OUT OF COUNTY SERVICE RESTRICTIONS Macon County supports its low-income citizens by subsidizing the cost for certain health care services. To assure that Macon County citizens have maximum access to Health Center services only those services mandated by North Carolina General Statues or approved in this plan will be provided to nonMacon County residents. If an individual moves out of Macon County, they must obtain services from another provider. Consumers are required to report any change of address at time of service. COMPLIANCE WITH TITLE VI AND VII, OF 42 US CODE CHAPTER 21 The MCPH complies with Title VI and Title VII of the Civil Rights Act of 1964 and all requirements imposed by or pursuant to the regulations. Staff will not discriminate against any clients because of age, sex, race, creed, national origin, or disability. Staff will ensure consumers with LEP are provided adequate language assistance so they have meaningful access to the agencys services.
PROGRAM SPECIFIC INFORMATION ADULT HEALTH Provides limited health screening services for adults. Services provided through this program are not eligible for sliding fee scale payment or third party billing. Exception: Colposcopies may be billed to third parties. Eligibility:
Must be a resident of Macon County; Exception: Colposcopies. Must be 18 years and older. Adult Health Services are not eligible for sliding fee scale payment. Services will be paid for
prior to any service being rendered. Any additional fees associated with a visit will be added to the clients account and paid in full at checkout.
COMMUNICABLE DISEASE CONTROL Deals with the investigation and follow-up of all reportable communicable diseases. Testing, diagnosis, treatment, and referring as appropriate, of a variety of sexually transmitted diseases. Provides follow-up and treatment of TB cases and their contacts. No fees are charged directly to
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clients for these services as stated in Program Rules (exception Medicaid or other third party agent can be billed with the patients permission). Eligibility: No residency or financial requirements
BREAST AND CERVICAL CANCER CONTROL PROGRAM (BCCCP) Provides pap smears, breast exams and screening mammograms, assists women with abnormal breast examinations/mammograms, or abnormal cervical screenings to obtain additional diagnostic examinations. Eligibility: uninsured or underinsured; without Medicare Part B or Medicaid; between ages 40 - 64 for breast screening services and 18 - 64 for cervical screening services; have a household income at or below 250% of the federal poverty level. No charge for those who qualify for the program; family size shall be determined as follows: Client, spouse of client and all children under 18 years of age, including step-children who live in the home.
WOMENS HEALTH Provides limited health screening services (pap smears and/or breast exams) for women who do not meet the qualifications of the NC BCCCP Program. Grant funds may be available to cover the cost of repeat pap smears for women below 250% of federal poverty level when funding is available. Services provided are not eligible for sliding fee scale payment or third party billing. Eligibility:
Must be a resident of Macon County; 18 years and older. Womens Health Services are not eligible for sliding fee scale payment. Services will be paid for
prior to any service being rendered. Any additional fees associated with a visit will be added to the clients account and paid in full at checkout CHILD HEALTH Well child exams conducted by (appropriate provider); exam includes medical, social, development, nutritional history, lab work, and physical exam. MCPH accepts sliding fee scale; some Private Insurances; Health Choice; Medicaid
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Eligibility:
Residents of Macon County; Birth to 20 years; Residents of other surrounding NC Counties if client has Medicaid or Health Choice
IMMUNIZATIONS Provide all required and recommended vaccines that are available for infants, school aged children and college bound individuals. Also provide a wide range of vaccines for adults to include foreign travel vaccinations. MCPH accepts some Private Insurances, Health Choice, Medicaid, and Medicare. In some instances charges do not apply (e.g. state supplied vaccine). Sliding fee scale does not apply to immunizations.
Eligibility: No residency or financial requirements for immunizations. CARE COORDINATION FOR CHILDREN (CC4C) Case management assists families in identification of and access to services for children with special needs that will allow them the maximum opportunity to reach their development potential. MCPH accepts Medicaid Eligibility: Macon County children birth to age three who are at risk for developmental delay or disability, long term illness and/or social, emotional disorders and children ages birth to five who have been diagnosed with developmental delay or disability, long term illness and/or social, emotional disorder may be eligible for the program.
FAMILY PLANNING Clinic designed to assist women in planning their childbearing schedule; detailed history, lab work, physical exam, counseling and education given by (appropriate provider). MCPH accepts sliding fee scale; some Private Insurances; Medicaid or potentially Medicaid eligible. Eligibility: This can be a confidential service Women of childbearing age Residents of Macon and other surrounding North Carolina Counties Family Planning (Title X) patients who present for services without proof of income will be assigned to the sliding fee scale based on information shared verbally regarding income and sources. Unless the information warrants, they will never be charged at 100% as this would be considered a barrier to service. Proof of income may be requested, but cannot be required A Family Planning patient will never be refused a Family Planning service, be sent to collections or asked to meet with the Health Director due to a delinquent account. MISCELLANEOUS/GENERAL SERVICES
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Include: daycare, DOT, foster care, employment or other specialty physical exams; laboratory services, etc. Eligibility: Residents of Macon County (exception, pregnancy tests) These services are not eligible for sliding fee scale payment. Services will be paid for prior to any service being rendered. Any additional fees associated with a visit will be added to the clients account and paid in full at checkout. MATERNAL HEALTH Prenatal care is medical care recommended for women during pregnancy. The aim of good prenatal care is to detect any potential problems early, to prevent them if possible (through recommendations on adequate nutrition, exercise, vitamin intake etc), and to direct the woman to appropriate specialists, hospitals, etc. if necessary. Visits are monthly during the first two trimesters (from week one to week 28 of pregnancy), every two weeks from 28 to week 36 of pregnancy and weekly after week 36 (until the day of delivery that could be between week 38 and 40 weeks). MCPH accepts sliding fee scale; some Private Insurances; Medicaid or potentially Medicaid eligible. Eligibility: Residents of Macon - eligibility policy and residency requirements attached Maternal Health clients will be required to have 2 proofs of residency
OB CARE COORDINATION MANAGEMENT (OBCM) Case manager assists pregnant women in receiving needed prenatal care and pregnancy related services. MCPH accepts Medicaid or potentially Medicaid eligible. Eligibility: Residents of Macon County
WOMEN, INFANTS, AND CHILDREN NUTRITION PROGRAM (WIC) Supplemental nutrition and education program to provide specific nutritional foods and education services to improve health status of target groups. Eligibility: WIC is available to pregnant, breastfeeding, and postpartum women, infants, and children up to age 5 who meet the follow criteria: Be a resident of Macon County; Be at medical and/or nutritional risk; Have a family income less than 185% of the US Federal Poverty Level; Medicaid, AFDC, or food stamps automatically meet the income eligibility requirement
CHILDRENS DENTAL PROGRAM The Macon County Childrens Dental Clinic (Molar Roller) provides comprehensive general dental services to children from birth to 20 years of age.
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Eligibility: Resident of Macon County. Exception: Residents of other surrounding NC Counties if client has Medicaid or Health Choice. Services eligible for sliding fee scale with a maximum discount of 75%. Charges not eligible for sliding fee scale discount include: Services not covered by Medicaid or Health Choice and, those covered by insurances which MCPH is not a participating provider.
ADULT DENTAL PROGRAM The Macon County Adult Dental Clinic provides comprehensive general dental services to adults 21 years of age and above. Eligibility: Resident of Macon County. Exception: Residents of other surrounding NC Counties if client has Medicaid. Services eligible for sliding fee scale with a maximum discount of 50%. Charges not eligible for sliding fee scale discount include: Services not covered by Medicaid or Health Choice and, those covered by insurances which MCPH is not a participating provider. Fees for adult dental services will be collected before the service is rendered.
HEALTH EDUCATION/HEALTH PROMOTION Health education/health promotion services are provided to individuals and/or groups. The focus is to promote health and prevent disease, disability and premature death through education-driven voluntary behavior change activities; and is designed to enable people to increase control over, and to improve, their health. Details, policies and fees are specific to each program or activity offered. Fees for these programs and activities are subject to change and appropriately adjusted throughout the year. Eligibility: Residents of Macon and other North Carolina Counties Worksite Wellness Employee health services are available for all employers in Macon County. Employee health services are available on a per program basis or under and annual contract arrangement. Individual program fees will vary and are based on salary expense to prepare and deliver the program; current mileage rates if travel is required; as well as any materials, laboratory, or medical supplies costs. An administrative supplement of 10% is added for each individual program. Comprehensive worksite wellness programs are available under contract for organizations with at least 50 employees. This program, also known as the LIFE program, provides employee health screenings followed by customized programs and consultation services to address the health needs of the employees. Fees for the LIFE program range from $30 to $50 per employee per year depending upon the cost to provide the services, the number of programs provided, as well as the organizations ability to provide in-kind assistance. CPR/AED and First Aid Training:
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Various components of American Red Cross Standard First Aid and/or CPR/AED for lay responders are offered on-site at Macon County Public Healths location at Lakeside Drive in Franklin. Classes are offered for a fee approximately every month. The specific educational components offered may vary from month to month to best suit the current needs of the public. Pre-registration and pre-payment are required. A maximum of twelve individuals may be enrolled in a single instructor class. Fees for the specific educational components are based on current American Red Cross pricing and are subject to change. NUTRITION SERVICES: DSMT Services: Macon County Public Health offers Diabetes Self-Management Training services provided by a Registered Dietitian through American Diabetes Association approval/recognition. The registered dietitian is credentialed and a certified provider with Medicare, Medicaid and BCBS NC. For clients with these insurances, physician referral and medical diagnosis of diabetes the insurance will be billed and costs covered accordingly. For clients without these insurances a sliding fee scale based on annual gross income that is at or below 250% of poverty is used. The scale slides to a minimum discount of 20% in which the client is responsible for payment to the health center prior to service being rendered. MNT Services: Macon County Public Health offers Medical Nutrition Therapy services provided by a Registered Dietitian. The registered dietitian is credentialed and a certified providers with Medicare, Medicaid and BCBS NC. For clients with these insurances, physician referral and covered medical diagnosis the insurance will be billed and costs covered accordingly. For clients without these insurances a sliding fee scale based on annual gross income that is at or below 250% of poverty is used. The scale slides to a minimum discount of 20% in which the client is responsible for payment to the health center prior to service being rendered.
ENVIRONMENTAL HEALTH Fees for Environmental Health Services are collected at time of application by the Macon County Building Inspections Department. REFUND POLICY: Attached
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N. C. Division of Public Health Women's and Children's Health Section Annual Gross Family Income Sliding Fee Scale --101% to 250% of Poverty Family Planning Waiver Eligibility Included
Effective 7/2011
FP Waiver Eligibility*
Partial-Pay Bracket Forty Percent From To 40% 59% $14,975 $20,227 $25,480 $30,732 $35,985 $41,237 $46,490 $51,742 $56,995 $62,247 $67,500 $72,752 $19,058 $25,743 $32,428 $39,113 $45,798 $52,483 $59,168 $65,853 $72,538 $79,223 $85,908 $92,593 Partial-Pay Bracket Sixty Percent From 60% $19,059 $25,744 $32,429 $39,114 $45,799 $52,484 $59,169 $65,854 $72,539 $79,224 $85,909 $92,594 $20,147 $27,214 $34,281 $41,348 $48,415 $55,482 $62,549 $69,616 $76,683 $83,750 $90,817 $97,884 To 79% $23,141 $31,259 $39,376 $47,494 $55,611 $63,729 $71,846 $79,964 $88,081 $96,199 $104,316 $112,434 Partial-Pay Bracket Eighty Percent From To 80% 99% $23,142 $31,260 $39,377 $47,495 $55,612 $63,730 $71,847 $79,965 $88,082 $96,200 $104,317 $112,435 $27,224 $36,774 $46,324 $55,874 $65,424 $74,974 $84,524 $94,074 $103,624 $113,174 $122,724 $132,274
Family Size 1 2 3 4 5 6 7 8 9 10 11 12
Federal Poverty $10,890 $14,710 $18,530 $22,350 $26,170 $29,990 $33,810 $37,630 $41,450 $45,270 $49,090 $52,910
Partial-Pay Bracket Twenty Percent From To 20% 39% $10,891 $14,711 $18,531 $22,351 $26,171 $29,991 $33,811 $37,631 $41,451 $45,271 $49,091 $52,911 $14,974 $20,226 $25,479 $30,731 $35,984 $41,236 $46,489 $51,741 $56,994 $62,246 $67,499 $72,751
Full Pay >100% $27,225 $36,775 $46,325 $55,875 $65,425 $74,975 $84,525 $94,075 $103,625 $113,175 $122,725 $132,275
* at or below 185% of federal poverty level
MCPH Billing Guide FY 13 FY12 Sliding Fee Scale
Guidelines for Determining Elements of the Sliding Fee Scale Eligibility screening is required on all new clients or when family size and/or income changes occur, or at 12 month intervals. A clients percentage of pay is documented on the Financial Eligibility Application in the clients medical record and in HIS. Definition for Family Size and Countable Gross Income for the following clinics: Adult Health, Child Health, Prenatal, Family Planning and Dental A family is defined as a group of related or non-related individuals who are living together as one economic unit. Individuals are considered members of a single family or economic unit when their production of income and consumption of goods are related. An economic unit must have its own source of income. Example: consumer with no income must be considered part of a larger economic unit that provides support to the household. Groups of individuals living in the same house with other individuals may be considered a separate economic unit. For example, if two sisters and their children live in the same house and both work and support their own children, they would be considered a separate household. EXCEPTIONS TO ECONOMIC UNIT A. B. For Family Planning service only. Un-emancipated minors and others requesting confidential services will be considered a family unit of one, and fees will be assessed based on their own income. A foster child assigned by DSS shall always be considered a family of one.
C.
Determination of Gross Income: The dollar amounts represent gross annual income; they refer to total cash receipts before taxes from all sources. Household income sources include: Salaries and wages, earnings from self-employment (deduct business expenses, except depreciation); interest income, all investment and rental income; public assistance, unemployment benefits, workers compensation, alimony and child support, military allotments; Social Security benefits, VA benefits; retirement and pension pay; insurance or annuity plans; gaming proceeds and any other income not represented here that contributes to the household consumption of goods. This list is not all inclusive. Documents acceptable for income verifications: Current pay stub (noting the pay timeframe i.e.: weekly, bi-weekly etc.) Signed statement from employer indicating gross earnings for a specified pay period, statement must include the business name, address and phone number and must be legible. W-2 Forms Unemployment letter/notice Award letter from Social Security Office, VA or Railroad Retirement Board 1099s received from IRS For Self-employment: Accounting records or income tax return for the most recent calendar year, entire tax return must be provided in order allow deductions for business expenses.

MEETING DATE: December 13, 2012 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Appointments DEPARTMENT HEAD COMMENTS/RECOMMENDATION: (A) Board member committee appointments Chairman Corbin will announce these at the meeting. (B) Voting delegate for Legislative Goals Conference Please see the attached form from the North Carolina Association of County Commissioners, requesting that the board designate a voting delegate for the Legislative Goals Conference to be held January 24-25, 2013. COUNTY MANAGERS COMMENTS/RECOMMENDATION:
Yes
___
No
Memorandum
RETURN FORM BY JANUARY 11, 2013
VOTING DELEGATE DESIGNATION FORM LEGISLATIVE GOALS CONFERENCE January 24-25, 2013 (Thursday Friday) Sheraton Imperial - RTP
NOTE: Please place this action on your board meeting agenda.
Each Board of County Commissioners is hereby requested to designate a commissioner or other official as a voting delegate. Each voting delegate should complete and sign the following statement and RETURN IT TO THE ASSOCIATION NO LATER THAN FRIDAY, JANUARY 11, 2013. PLEASE RETURN FORM TO SHEILA SAMMONS, CLERK TO THE BOARD BY EMAIL: SHEILA.SAMMONS@NCACC.ORG OR FAX: 919-733-1065. I, ____________________________________________, hereby certify that I am the duly designated voting delegate for _____________________ County at the North Carolina Association of County Commissioners 2013 Legislative Goals Conference.
Signed:______________________________________ Title:______________________________________ Article VI, Section of the Associations 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 years dues.
215 N. Dawson St., Raleigh, NC 27603 * Phone: (919) 715-2893 * Fax: (919) 733-1065 * www.ncacc.org

12.11.12 BOC Agenda Packet

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12.11.12 BOC Agenda Packet

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MACON COUNTY BOARD OF COMMISSIONERS DECEMBER 11, 2012 AGENDA 1. Call to order and welcome by Chairman Corbin 2.

11. Consent Agenda Attachment #11

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM

COUNTY MANAGERS COMMENTS/RECOMMENDATION:

Attachments ___X__ Agenda Item 5A

PUBLIC HEARING NOTICE

Capital (Vehicles & Other)

Total Funding Request

Total Local Share

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM

COUNTY MANAGERS COMMENTS/RECOMMENDATION:

Attachments ___X__ Agenda Item 5B

PUBLIC HEARING NOTICE

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

$ 307,431 Total Funding Request

$ 40,220 Total Local Share

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM

Attachments ___X__ Agenda Item 5C

PUBLIC TRANSPORTATION PROGRAM RESOLUTION

Seal Subscribed and sworn to me

Affix Seal Here

Printed Name and Address

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM

COUNTY MANAGERS COMMENTS/RECOMMENDATION:

Attachments ___X__ Agenda Item 5D

COMMUNITY TRANSPORTATION PROGRAM RESOLUTION

Seal Subscribed and sworn to me (date)

Affix Notary Seal Here

Printed Name and Address

My commission expires (date)

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM

COUNTY MANAGERS COMMENTS/RECOMMENDATION:

Attachments _____ Agenda Item 8A

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM

COUNTY MANAGERS COMMENTS/RECOMMENDATION:

Attachments ___X__ Agenda Item 9A

CLIENT AND ENGINEER PROFESSIONAL SERVICES AGREEMENT

Owner and Principal

SCOPE OF SERVICES and PROPOSAL

PRELIMINARY MEETING / DISCUSSION:

J.M. Teague Engineering Client Agreement

J.M. Teague Engineering Client Agreement

J.M. Teague Engineering Client Agreement

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM

COUNTY MANAGERS COMMENTS/RECOMMENDATION:

Attachments ___X__ Agenda Item 9B

STATE OF NORTH CAROLINA COUNTY OF MACON

ATTEST: _____________________________________ Clerk to the Board

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM

Attachments ___X__ Agenda Item 10A

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM

COUNTY MANAGERS COMMENTS/RECOMMENDATION:

Attachments ___X__ Agenda Item 10B

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM

COUNTY MANAGERS COMMENTS/RECOMMENDATION:

Attachments ___X__ Agenda Item 11A-11F

Minutes 11/13/12 Page 5 of 7

_____________________________ Jack Horton, County Manager Clerk to the Board

______________________________ Kevin Corbin Board Chairman

Minutes 11/13/12 Page 7 of 7

_____________________________ Jack Horton, County Manager Clerk to the Board

______________________________ Kevin Corbin Board Chairman

Minutes 12/03/12 Page 3 of 3

Attachments _X Agenda Item 5A

Attachments _X Agenda Item 5B

Attachments _X Agenda Item 5C

Attachments _X Agenda Item 5D

Attachments _X Agenda Item 9A

Attachments _X Agenda Item 9B

Attachments _X Agenda Item 10A

Attachments _X Agenda Item 10B

Attachments _X Agenda Item 11A-11F

Attachments _X Agenda Item 12B