MACON COUNTY BOARD OF COMMISSIONERS NOVEMBER 20, 2012 – 6:30 P.M. CONTINUED SESSION AGENDA 1. Call to order – Chairman Corbin 2.

Adjustments to and approval of the agenda 3. Presentation of draft agreement for Fontana Regional Library – Karen Wallace 4. Agreement with Dnet regarding installation of camera and additional bandwidth 5. Realignment of Macon County Schools Capital Outlay Program 6. Update on Highlands School QZAB Application 7. Exemption of architectural and engineering services for Highlands School project from the provisions of NCGS 143-64.31 8. Resolution regarding turning lane at Wells Grove Road and Clarks Chapel Road 9. Nantahala School window replacement project and corresponding budget amendment 10. 11. 12. 13. Macon Tracs agreement with the Macon County Board of Education Supplemental lease agreement with USDA Resolution and lease with Forex Currency Trade Advisors, LLC Resolution and lease with Debra Green doing business as The Appointed Home

14.

Consent agenda (A) Minutes of the October 9th and October 11th meetings (B) Budget amendments #58-63 (C) Tax Releases (D) Monthly Ad Valorem Tax Report Appointments (A) Mike Hall as Review Officer (B) Planning Board (one seat) (C)Highlands Tourism Development Commission (three seats) Closed session (per the County Attorney) Adjourn

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16. 17.

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: November 20, 2012 DEPARTMENT/AGENCY: Fontana Regional Library SUBJECT MATTER: Revised regional agreement (draft) DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Karen Wallace, the director of the Fontana Regional Library, will make a presentation regarding a revised regional agreement among Macon, Jackson and Swain counties for public library services provided by Fontana. A copy of the draft agreement is attached, as well as a copy of the original 1954 agreement.

COUNTY MANAGER’S COMMENTS/RECOMMENDATION: Commissioner Kuppers and I have discussed the revised agreement with Ms. Wallace and recommend approval by the Board of Commissioners.

Attachments __X__ Agenda Item 3

Yes

___

No

Revised 11-6-12

Regional Agreement
This REGIONAL AGREEMENT (the “Agreement”) is entered into by and among the following North Carolina counties: JACKSON COUNTY, MACON COUNTY, and SWAIN COUNTY and the Fontana Regional Library, Inc. (“Fontana Regional Library”); WHEREAS, the mission of the Fontana Regional Library is to provide the public of Jackson, Macon, and Swain counties with excellent service and convenient access to resources for their educational, informational and recreational needs; and WHEREAS, the Boards of County Commissioners of Jackson, Macon, and Swain Counties recognize that collaboration provides the most effective and efficient means to provide public library service to the residents of said counties by unifying the administration of the participating libraries, providing professional library specialists, cooperating in the selection of books and other materials, and crossing county lines for the benefit of all; and WHEREAS, this collaboration provides opportunities for service and resource allocations otherwise beyond the financial and service capacities of the individual county governments and libraries; NOW, THEREFORE, pursuant to resolutions duly adopted by their governing boards, the Boards of the County Commissioners of Jackson, Macon, and Swain Counties hereby renew their commitment for the organization of and participation in the Fontana Regional Library upon the terms set forth herein, effective the date last signed by a party as set forth below, hereby amending, restating and replacing the existing Regional Agreement by and among the parties with respect to the Fontana Regional Library. I. Governments Involved The participating local government units of the Fontana Regional Library are as follows: A. Jackson County B. Macon County C. Swain County. Purpose Statement This Agreement is to promote and perpetuate excellent library services to the residents of the areas included within the jurisdictions of the aforementioned governing bodies through their collaborative and collective efforts under the legal authority of N.C.G.S. §153A-270 and

II.

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N.C.G.S. §160A- 20-1. To this end, the Fontana Regional Library shall operate the county libraries and branches of the participating local government units. III. Structure of the Fontana Regional Library Board of Trustees The Fontana Regional Library Board of Trustees shall be the governing body of the Fontana Regional Library. A. Membership 1. There shall be nine members of the Fontana Regional Library Board of Trustees. 2. Each county shall have equal representation on the Fontana Regional Library Board of Trustees composed of three members from each county, which proportion each county finds equitable. 3. Members shall serve no more than two consecutive terms and no single term shall be longer than six years. 4. Members shall be appointed in staggered terms to promote consistency as well as to accommodate change. 5. The Members from each county shall be appointed from the membership of each respective local county library advisory board by the local library advisory board of each respective county, according to bylaws and policies approved by the respective local library advisory board for that county. 6. Vacancies on the Fontana Regional Library Board of Trustees shall be filled with appointments by the appropriate local library advisory board for the remaining term of the member creating the vacancy. B. Powers and Duties 1. Governance The Fontana Regional Library Board of Trustees is hereby delegated the power to adopt bylaws and rules for its own governance as may be necessary and in conformity with the law. 2. Policies The Fontana Regional Library Board of Trustees is hereby delegated the power to adopt policies for the administration and operation of the Fontana Regional Library. 3. Director The Fontana Regional Library Board of Trustees is hereby delegated the power to select, appoint, remove, determine salary and other terms of employment of a Regional Director and to delegate to the Regional Director executive powers. a) These actions shall require a majority vote of the Fontana Regional Library Board of Trustees at which a quorum is present. b) The Fontana Regional Library Director shall: (1) Have a valid North Carolina Public Librarian Certificate.

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(2) Be the chief executive and administrative officer of the Fontana Regional Library. (3) Function in accordance with the approved policies of the Fontana Regional Library and administer the Fontana Regional Library consistent with the policies adopted by the Board of Trustees. 4. Budget The Fontana Regional Library Board of Trustees is hereby delegated the power to and shall adopt an annual budget which shall: a) Be administered under the same provisions as units of local government (N.C.G.S. §159), with all state funds administered by the Fontana Regional Library and expended throughout the region as described in 07 NCAC 02l.0202. b) Be a composite of the separate budgets of each county library, with an agreed upon amount paid by each county for the materials, salaries and operating expenses that are shared within the region which shall be sent to the Finance Officer in monthly installments. c) Include a specified amount of funding for each library’s operating costs with gifts, special memorials, endowment and trust income, and appropriations for capital outlay earmarked for the designated purpose. 5. Finance Officer The Fontana Regional Library Board of Trustees is hereby delegated the power to appoint a regional Finance Officer as defined in N.C.G.S. §159-24. The Finance Officer shall: a) Be responsible for keeping the accounts of the Fontana Regional Library in accordance with generally accepted principals of governmental accounting and for disbursing all funds in strict compliance with N.C.G.S §159, the Local Government Budget and Fiscal Control Act, and 07 NCAC 02l.0202. b) Ensure expenditure of funds consistent with the budget adopted, by the Fontana Regional Library Board of Trustees. c) Report directly to the Regional Director and the Fontana Regional Library Board of Trustees. 6. Compliance The Fontana Regional Library Board of Trustees is hereby delegated the power to assure compliance with all applicable state and federal law and eligibility requirements for the receipt of state and federal funds. 7. Facilities The Fontana Regional Library Board of Trustees is hereby delegated the power to make recommendations to the counties concerning the construction and improvement of the physical facilities of the libraries
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within the Fontana Regional Library region; however, construction and facility maintenance shall be the responsibility of the local counties unless the Fontana Regional Library Board of Trustees negotiates and approves a collaborative effort. 8. Reports The Fontana Regional Library Board of Trustees is hereby delegated the power to report to the participating local governmental units. The Fontana Regional Library Board of Trustees shall make regular reports, or delegate to the Regional Director the authority to make the reports, related to services and operations to each county. 9. Audit a) The Fontana Regional Library Board of Trustees shall obtain an annual independent audit of the Fontana Regional Library accounts consistent with generally accepted accounting principles. b) The Fontana Regional Library Board of Trustees is hereby delegated the power to provide a copy of the Fontana Regional Library’s annual audit to the State Library of North Carolina. IV. Financial Structure A. All monies from both state and local governmental units will be paid into the Fontana Regional Library as a public authority which will comply with the provisions of the N.C.G.S §159, the Local Government Budget and Fiscal Control Act. B. Each county will provide facilities necessary for the Fontana Regional Library to carry out its mission. Provision of these facilities will include utilities, building and grounds maintenance, improvements or rent for those facilities. C. Each county will pay the Fontana Regional Library the amount of money necessary for the Fontana Regional Library to carry out its mission. These funds will allow the Fontana Regional Library to pay for library materials and for operating expenses for libraries within that county. Funds from each county will also be used to contribute to joint operations. D. All state funds will be used for salaries and benefits of employees serving the whole Fontana Regional Library region, for library materials; for telecommunications or telephone services and any other region-wide service. E. The Finance Officer will account for all expenditures by source of funds. V. Terms of Property Ownership A major benefit of regional cooperation is that scarce resources may be shared among the various county residents without wasteful duplication; however, certain ownership restrictions shall apply:
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A. All real property, buildings, grounds and other facilities of each library shall be acquired and owned by their respective county, and occupied by each library in accordance with a facility lease between Fontana Regional Library and each county. B. All other property, including library materials, technology, furnishings, fixtures and equipment, vehicles, or other resources, purchased with state, regional, or county funds shall be owned by Fontana Regional Library excepting what is provided for in Section V.C. C. The Hudson Library facility and all library materials, furnishings, and fixtures acquired by Hudson Library, Inc. shall be owned by Hudson Library, Inc, a private non-profit corporation. D. All library materials, furnishings, and fixtures acquired by Fontana Regional Library and located at Hudson Library, Inc. shall be owned by Fontana Regional Library. E. As included under N.C.G.S. §160A- 20-1, Joint Exercise of Power, property purchased by the Fontana Regional Library is owned jointly as tenants in common by the participating counties. F. See also Section VII hereof regarding the distribution of property in the event of withdrawal of a participating local governmental unit and Section IX hereof regarding the dissolution of the Fontana Regional Library. VI. Insurance Coverage and Indemnification A. Insurance Coverage 1. Each county shall maintain insurance coverage for the real property, buildings, grounds and other facilities for each of their individual libraries, including general liability insurance, except as indicated in Section VI. A. 3. below. 2. The Fontana Regional Library shall maintain insurance coverage for all other property, including library materials, technology, furnishings, fixtures and equipment, vehicles, or other resources, except as indicated in Section VI. A. 3. below. 3. Hudson Library, Inc. has stipulated liability and property insurance coverage as set forth in the governing Lease Agreement between Hudson Library, Inc. and Macon County. Said Lease Agreement and any Amendments thereto or subsequent Lease Agreements between Hudson Library, Inc. and Macon County shall continue to require said liability and property insurance coverage and is herein incorporated by reference. B. Indemnification The Fontana Regional Library Bylaws contain indemnification provisions regarding board members, officers, employees and volunteers, which provisions may be amended from time to time.

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VII. Provisions for Amendment A. This Agreement may be amended providing that all parties accept and agree to those amendments. B. Recommendations for amendments shall be forwarded to each of the counties in writing with a thirty-day period for consideration given. At the next regular meeting of the county boards after this thirty-day period, the amendments shall be voted on by those boards. C. Disagreements related to this Agreement shall be resolved first by a committee of representatives from each county and the Fontana Regional Library Board of Trustees, and then by their legal counsels if necessary. VIII. Provisions for Withdrawal A. A participating local governmental unit proposing to withdraw from the Fontana Regional Library shall give written notice on or before July 1 to the Fontana Regional Library Board of Trustees, the other counties’ Boards of Commissioners and the State Library of North Carolina. The withdrawal shall be effective the following June 30. B. Should that participating local governmental unit decide within this time period to rescind the proposal, that participating local governmental unit shall remain a part of the Fontana Regional Library under the same conditions and requirements as the agreement under which they became a member. C. Should that participating local governmental unit fully withdraw, assets located in the local library facility will remain the assets of the withdrawing library. Notwithstanding the aforementioned, in the event there are assets located in the local library facility that were purchased by Fontana Regional Library with Fontana Regional Library funds and intended for Fontana Regional Library regional support services, those assets will remain the assets of Fontana Regional Library. IX. Provisions for Dissolution A. The Fontana Regional Library may be dissolved if two of the three participating local governmental unit parties withdraw in accordance with the procedures stated above. B. As included under N.C.G.S. §160A- 20-1, Joint Exercise of Power, property purchased by the Fontana Regional Library is owned jointly as tenants in common by the participating counties; therefore, if the Fontana Regional Library is dissolved, the counties of Jackson, Macon, and Swain shall divide the joint assets equally among themselves. C. The distribution of properties and resources jointly owned shall be accomplished by a committee composed of representatives from each county, the current Fontana Regional Director, and a representative from the State Library of North Carolina.
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D. After all outstanding debts are resolved, any remaining funds from the member counties shall be returned to them and the distribution of any remaining State or Federal funds shall be determined by the State Library. Any land and building property owned by the Fontana Regional Library shall be sold and the proceeds distributed to the counties, or the property may be distributed to the counties on an equitable basis as agreed upon by the committee of representatives. Other property such as the bookmobile, outreach van, computers and other technology, books, and any other assets shall be sold at auction and the proceeds divided among the counties, or property may be distributed in some other equitable manner as agreed upon by the committee of representatives. X. Term, Provisions for Periodic Review and Automatic Renewal A. This Agreement may be reviewed at any time by any county or the Fontana Regional Library Board, and if modifications are deemed reasonable and necessary, amendments may be made according to the procedures stated in Section VII. B. This Agreement shall have an initial term of ten years from the date of this Agreement and thereafter shall automatically renew for successive periods of ten years each, unless otherwise terminated as set forth herein. This Agreement shall be reviewed ten years from the date of this Agreement, and every ten years thereafter, by the Fontana Regional Library Board of Trustees and the Boards of the County Commissioners of Jackson, Macon, and Swain Counties. If modifications are deemed reasonable and necessary, amendments may be made according to the procedures stated in Section VII. If modifications are not deemed to be reasonable and necessary, this Agreement shall automatically renew and remain in full force and effect.

XI. Provisions for Termination of this Agreement A. This Agreement may be terminated if reasonable cause is presented in writing by any member of the Fontana Regional Library to the other members of the Fontana Regional Library, the Fontana Regional Library Board of Trustees and the State Library of North Carolina. B. The effective dates for termination shall be the same as a withdrawal from the Fontana Regional Library as described in Section VIII. C. If this Agreement terminates, and no successor agreement is to be executed, the Fontana Regional Library shall be dissolved and joint assets distributed as described in Section IX. XII. Miscellaneous A. This Agreement constitutes the entire agreement between the parties relating to the subject matter and supersedes all prior or
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contemporaneous oral or written agreements concerning such subject matter. B. If any provision of this Agreement is held by a court of law to be illegal, invalid or unenforceable (i) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (ii) the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby. C. This Agreement shall be effective upon acceptance by all the parties hereto as indicated by the date of the last party to sign this Agreement as set forth below. D. This Agreement may be executed in several counterparts, each of which shall be deemed to be an original and which together shall constitute one and the same agreement.

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IN WITNESS WHEREOF, this Agreement has been executed by the principal official of the governing board of each party hereto, pursuant to authority of each respective board. Attest: JACKSON COUNTY by Clerk to the Board Board of Commissioners, Chair Date: ________________________ MACON COUNTY Clerk to the Board by Board of Commissioners, Chair

Date: ________________________

SWAIN COUNTY by Clerk to the Board Board of Commissioners, Chair Date: ________________________

FONTANA REGIONAL LIBRARY, INC. by Secretary to the Board Board of Trustees, Chair Date: ________________________

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EXHIBITS A. Lease Agreement between County of Jackson and Fontana Regional Library for the Jackson County Public Library and Historic Jackson County Courthouse, Sylva, North Carolina. B. Lease Agreement between County of Jackson and Fontana Regional Library for the Albert Carlton-Cashiers Community Library, Cashiers, North Carolina. C. Lease Agreement between Macon County and The Hudson Library of Highlands North Carolina, Incorporated. Future lease agreements: Macon County and FRL Swain County and FRL
4852-6286-6449, v. 1

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Regional Agreement
The Boards of County Commissioners of Jackson, Macon, and Swain Counties, pursuant to G.S. 153A-270, herby enter into this Agreement for the joint operation of the Fontana Regional Library, a multi-county library system, to provide public library service to the residents of said counties by unifying the administration of the participating libraries, providing professional library specialists, cooperating in the selection of books and other materials and crossing county lines for the benefit of all. This Agreement shall be in effect as of ____________________, after each participating local unit of government has ratified it by resolution spread upon its minutes and for at least two years and thereafter until terminated as set forth later in this Agreement. The Fontana Regional Library will operate the existing county libraries and their branches as follows: Jackson County Public Library Macon County Public Library Marianna Black Library Municipalities within a county participating in this Agreement may contract with the Regional Library for the operation of their public libraries under financial terms mutually agreed to by the Regional Library Board of Trustees, approved by the county Boards of Commissioners and the municipal governing body. The Regional Library system will be governed by a library board of trustees. Members of the Regional Library Board shall be appointed by each Board of County Commissioners as follows:

1

One Member from each county for a two year term One member from each county for a three year term One member from each county for a four year term Thereafter as terms expire each county will appoint trustees for four year terms. No individual will be appointed to more than two consecutive terms. The Boards of County Commissioners hereby delegate to the Regional Board of Trustees the following powers and duties: 1. To adopt such bylaws, rules and regulations for its own guidance and for the government of the library as may be necessary and in conformity with law. 2. To elect a chairman, vice chairman and such other officers as it shall deem necessary. 3. To appoint a properly qualified Regional Director of library services and authorize the Director to appoint assistant librarians and other employees, and to remove such librarians or employees. It is understood that the Director will seek advice from local trustees and officials in appointing personnel. All library personnel will be under the administration of the Regional Library Director. 4. To designate a budget and finance officer to serve as prescribed by G.S. 159. 5. To prepare the annual budget of the Regional Library system in line with the needs of each unit and the grants anticipated from the State Aid to Public Libraries Funds, and to present such budgets for approval, and as approved, to be included in the budgets of the participating local governmental units.

2

6. To make recommendations to the Boards of Commissioners of the counties concerning the construction and improvement of physical facilities of the libraries in the region. 7. To report to the participating local governmental units on financial matters, to submit copies of board minutes, and to report annually to the State Library as required by G.S. 125-5. All monies from both state and local governmental units will be paid into the Regional Library as a public authority which will comply with the provisions of the Local Government Finance Act, G.S. 159. Each county will pay into the Regional Library account the amount of money the county deems necessary to operate its facilities including heat, utilities, and building maintenance or rent; salaries and employer share of benefits for personnel working exclusively in the county; materials or equipment exclusively for that county. Each county may also contribute to joint operations as mutually agreed on. All state funds will be used for salaries and benefits of employees serving the whole region; books, films and other materials; telephone service; and any other region-wide service. The Regional Finance Officer will account for all expenditures by source of funds. It is further agreed that all real property will be acquired and owned by the appropriate unit of local government. If the Regional Library offices are provided by one of the member libraries, the benefits of the proximity of the Regional staff shall be deemed proper compensation. The cost of utilities may be shared between local and regional sources of income. If the Regional offices are separate from any library, rent is a proper shared expense for the Region.

3

All other property; books, films, vehicles, projectors and other property purchased with state funds or shared local funds shall be owned by the Regional Library. If one county should withdraw, it forfeits any rights to joint property. If the Agreement is terminated, the joint property shall be divided equally or sold and the receipts divided equally among the counties. This Agreement may be amended by resolution of each Board of County Commissioners and recorded in its minutes. The amendment shall be in effect after the last county has approved it, or at the time specified in the amendment. Requests for amendment may come from either a board of County Commissioners or from the Regional Board of Trustees. If any county, or counties, participating in the Regional Library system wishes to withdraw from the Region, it must give written notice to the other counties not later than December, 31 that it wishes to terminate the Agreement and withdraw from the Region on June, 30 of the following year. If the withdrawal does not result in the dissolution of the Regional Library system the withdrawing county will forfeit all rights to joint property of the Region. However, the Regional Library Board may decide to give the withdrawing library a portion of books and other materials when the loss of these materials to the Region will not impoverish the collection. The Regional Director’s opinion shall be used to determine which materials can be spared. If the withdrawal results in dissolution of the Regional Library system, the books and other materials purchased jointly by the Region shall be divided equally among the counties. All other property (vehicles and equipment) shall be sold by sealed bids taken and the proceeds equally divided among the counties.

4

Signed and sealed this__________day of________________in the year of our Lord Nineteen Hundred and________________.

Jackson County

Macon County

__________________________________ (Chairman)

_______________________________ (Chairman)

Swain County

___________________________________ (Chairman)

5

Be it resolved by the Boards of Commissioners of Jackson, Macon and Swain Counties, N.C., that they will continue their participation in support of the Fontana Regional Library, which is composed of said three counties. Be it further resolved that, in the event of the dissolution of said Fontana Regional Library at any time in the future, all of the property, real, personal and mixed, shall be divided equally between the three above named participating counties. Be it further resolved that any one or more of said counties may voluntarily withdraw from said Fontana Regional Library at the end of any fiscal year.

Upon motion made by___________________________, seconded (M.Y. Breedlove) signed by__________________________, the foregoing resolution was unanimously adopted by (Ed Fisher) signed The Board of County Commissioners of on August 2, 1954. I, _____________________________________, Clerk of the Board of County (Tom Clayton) signed Commissioners of______ Jackson County, North Carolina hereby certify that the Jackson County at its regular meeting

foregoing is a true and correct copy of a resolution adopted by the Board of County Commissioners of _________ Jackson _County and duly recorded upon the minutes of said Board. Witness my hand and official seal this the 2 day of August, 1954.

________________________________ Tom L. Clayton (signed) (Clerk)

6

Be it resolved by the Boards of Commissioners of Jackson, Macon and Swain Counties, N.C., that they will continue their participation in support of the Fontana Regional Library, which is composed of said three counties. Be it further resolved that, in the event of the dissolution of said Fontana Regional Library at any time in the future, all of the property, real, personal and mixed, shall be divided equally between the three above named participating counties. Be it further resolved that any one or more of said counties may voluntarily withdraw from said Fontana Regional Library at the end of any fiscal year.

Upon motion made by___________________________, seconded (J.W. Roaul) signed by__________________________, the foregoing resolution was unanimously adopted by (W.W. Edwards) signed The Board of County Commissioners of August 2, 1954. Macon County at its regular meeting on

I, _____________________________________, Clerk of the Board of County (Lake W. Shope) signed Commissioners of Macon County, North Carolina hereby certify that the

foregoing is a true and correct copy of a resolution adopted by the Board of County Commissioners of Board. Macon County and duly recorded upon the minutes of said

Witness my hand and official seal this the

2

day of August, 1954. ________________________________ Lake W. Shope (signed) (Clerk)

7

Be it resolved by the Boards of Commissioners of Jackson, Macon and Swain Counties, N.C., that they will continue their participation in support of the Fontana Regional Library, which is composed of said three counties. Be it further resolved that, in the event of the dissolution of said Fontana Regional Library at any time in the future, all of the property, real, personal and mixed, shall be divided equally between the three above named participating counties. Be it further resolved that any one or more of said counties may voluntarily withdraw from said Fontana Regional Library at the end of any fiscal year.

Upon motion made by___________________________, seconded (Jones) signed by__________________________, the foregoing resolution was unanimously adopted (Sutton) signed by the Board of County Commissioners of August 2, 1954. I, _____________________________________, Clerk of the Board of County (J. R. Gibson) signed Commissioners of Swain County, North Carolina hereby certify Swain County at its regular meeting on

that the foregoing is a true and correct copy of a resolution adopted by the Board of County Commissioners of said Board. Swain County and duly recorded upon the minutes of

Witness my hand and official seal this the

2

day of August, 1954.

________________________________ J.R. Gibson (signed) (Clerk)

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MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: November 20, 2012 DEPARTMENT/AGENCY: Dnet SUBJECT MATTER: Installation of camera and additional bandwidth DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Please see the attached Letter of Agreement for more details. Essentially, 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 will provide 1 MB of additional bandwidth to the county for use at the Business Development Center. COUNTY MANAGER’S COMMENTS/RECOMMENDATION: This has been reviewed by IT Director Andy Muncey and recommended for approval.

Attachments ___X__ Agenda Item 4

Yes

___

No

LETTER OF AGREEMENT This agreement is between Dnet Internet Services and Macon County Government for the purposes of establishing a Web-camera to be erected on top of the Macon County Courthouse, 5 West Main Street; Franklin, NC. I. Parties This Agreement is made this ______ day of November, 2012, between and among Macon County, and Dnet Internet Services. The term of this Agreement shall be a fixed period ( one year) and, unless either party provides the other with written notice of termination at least thirty (30) days prior to the end of the initial Agreement term, the Agreement shall renew for successive one-year extension terms thereafter. During this year-to-year extension period, either party may terminate the Agreement by providing written notice to the other at least thirty (30) days prior to the end of the period.

II. Project Administration A. Dnet Internet Services 1. Dnet will provide and install the camera on top of the Macon County Courthouse. 2. Dnet will provide bandwidth for the camera, 3. Dnet will assume the cost of camera installation and maintenance. B. Macon County Government: 1. Macon County will cooperate with Dnet Internet Services by providing access to the Courthouse roof for purposes of camera installation and maintenance. 2. Macon County will provide Dnet Internet Service access to the camera for general maintenance as needed, as long as the county is notified in advance. 3. Access to the Courthouse roof-top will be during normal business hours and will be coordinated in advance so as not to interfere with normal county activities. III. Financial Obligations

A. In exchange for space for the camera on top of the courthouse, Dnet Internet Services will provide 1 MB additional bandwidth to the County at the EDC location at the Macon County Industrial Park. IV. Performance, Recording, and Broadcast Rights A. The purpose of the web camera is to provide Internet viewers the ability to view beautiful downtown Franklin. B. Dnet Internet Services assumes no responsibility for the broadcast C. The camera is intended for live-stream video. Dnet Internet Services assumes no responsibility or liability for recordings or lack thereof. V. Limitations, Enforcement, and Jurisdiction A. This Agreement, including all attachments, constitutes the entire agreement among the above named parties. No waiver, change, or modification in this Agreement is valid or binding unless agreed to in writing and signed by all parties. B. Each party warrants that it has the right to enter into this Agreement and to grant all the rights it has granted through it. C. Each party agrees to indemnify and hold harmless the other party from all claims, damages, costs, liabilities, losses and expenses, including counsel fees that it may suffer as a result of such party’s breach of warranty. VI. Signatures: Dnet Internet Services by Judy Chapman, Manager

_______________________________ Date:_____________________ Macon County by Jack Horton, County Manager

_______________________________ Date:_____________________

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: November 20, 2012 DEPARTMENT/AGENCY: Macon County Schools SUBJECT MATTER: Realignment of Capital Outlay Program DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Please see the attached list regarding proposed adjustments to the initial request from the Board of Education regarding anticipated capital expenditures for the 2012-2013 school year.

COUNTY MANAGER’S COMMENTS/RECOMMENDATION: This change in capital outlay categories was discussed at the school facilities meeting and is recommended for approval by the Board of Commissioners. This change does not affect the county’s capital outlay appropriation amount; it simply readjusts the priorities due to immediate school needs.

Attachments ___X__ Agenda Item 5

Yes

___

No

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: November 20, 2012 DEPARTMENT/AGENCY: Macon County Schools SUBJECT MATTER: Update on Highlands QZAB Application DEPARTMENT HEAD COMMENTS/RECOMMENDATION: The County Manager and Finance Director will provide the board with details regarding this matter that may require board action. COUNTY MANAGER’S COMMENTS/RECOMMENDATION:

Attachments _____ Agenda Item 6

Yes

__X_

No

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: November 20, 2012 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Exemption of architectural and engineering services for Highlands School project from the provisions of NCGS 14364.31 DEPARTMENT HEAD COMMENTS/RECOMMENDATION: The County Attorney will present a resolution regarding this matter at the meeting. COUNTY MANAGER’S COMMENTS/RECOMMENDATION:

Attachments _____ Agenda Item 7

Yes

__X_

No

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: November 20, 2012 DEPARTMENT/AGENCY: North Carolina Department of Transportation SUBJECT MATTER: Resolution regarding turning lane at Wells Grove Road and Clarks Chapel Road DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Please see the attached resolution, prepared by the County Manager, which supports the installation of an “intersection modification project” by the North Carolina Department of Transportation in order to address the current traffic congestion issues near Mountain View Intermediate School and Macon Middle School. COUNTY MANAGER’S COMMENTS/RECOMMENDATION:

Attachments ___X__ Agenda Item 8

Yes

___

No

A Resolution Supporting an NCDOT Intersection Modification Project At the Intersection of Wells Grove Road and Clarks Chapel Road

WHEREAS The Macon County Board of Commissioners, in consultation with the Macon County Board of Education, the Macon County Sherriff’s Office, and the North Carolina Department of Transportation agree that the current traffic congestion issue at the intersection of Wells Grove Road and Clarks Chapel Road poses a continuing public safety hazard for students and parents as they attempt to access both the new Mountain View Intermediate School and the Macon Middle School; and WHEREAS the North Carolina Department of Transportation has agreed to install a rightturn lane on Wells Grove Road at its intersection with Clarks Chapel Road and that the NCDOT will cover the costs associated with the project including surveying, engineering design, property acquisition, utility adjustments, contract administration and construction costs; and WHEREAS this project will enhance the safety and mobility of the traveling public in the community, including accessing and departing from both Macon Middle School and Mountain View Intermediate School ; and WHEREAS the North Carolina Department of Transportation has agreed to allocate adequate funds necessary for the construction of this project; and WHEREAS the Macon County Board of Commissioners agree that this is a much needed and responsible improvement by the NC Department of Transportation that will help insure the safety and orderly movement of traffic to and from these two school campuses for the motoring public.

NOW, THEREFORE, BE IT HEREBY RESOLVED that the Macon County Board of Commissioners hereby supports and endorses the North Carolina Department of Transportation intersection modification project at the intersection of Wells Grove Road and Clarks Chapel Road, including the addition of a turning lane from Wells Grove Road to Clarks Chapel Road.

Adopted this the _____ day of November, 2012

_______________________ H. Kevin Corbin, Chairman Macon County Board of Commissioners

________________________Attest: C. Jack Horton, Clerk to the Board

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: November 20, 2012 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Nantahala School Window Replacement project DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Please see the attached information provided by Terry Bell for more details. The commission is being asked to appropriate an additional $8,000 to complete the project. COUNTY MANAGER’S COMMENTS/RECOMMENDATION:

Attachments ___X__ Agenda Item 9

Yes

___

No

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: November 20, 2012 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Macon Tracs agreement with the Macon County Board of Education DEPARTMENT HEAD COMMENTS/RECOMMENDATION: The County Attorney will provide additional information on this item at the meeting. COUNTY MANAGER’S COMMENTS/RECOMMENDATION:

Attachments ______ Agenda Item 10

Yes

___

No

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: November 20, 2012 DEPARTMENT/AGENCY: United States Department of Agriculture SUBJECT MATTER: Supplemental Lease Agreement DEPARTMENT HEAD COMMENTS/RECOMMENDATION: The County Attorney will provide additional details as well as a proposed lease agreement at the meeting. COUNTY MANAGER’S COMMENTS/RECOMMENDATION:

Attachments _____ Agenda Item 11

Yes

__X_

No

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: November 20, 2012 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Resolution and lease regarding 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 county’s Business Development Center as surplus and provides approval of a oneyear lease of that same space to Forex Currency Trade Advisors, LLC, effective August 1, 2012 to July 31, 2013, at a monthly rent of $333.33. COUNTY MANAGER’S COMMENTS/RECOMMENDATION:

Attachments ___X__ Agenda Item 12

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.

1

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

ATTEST: _____________________________________ Clerk to the Board

( Official Seal )

2

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

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: November 20, 2012 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Resolution and lease regarding Debra Green/The Appointed Home 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 county’s Business Development Center as surplus and provides approval of a oneyear lease of that same space Debra Green, doing business as “The Appointed Home,” effective November 1, 2012 to October 31, 2013, at a monthly rent of $192.

COUNTY MANAGER’S COMMENTS/RECOMMENDATION:

Attachments ___X_ Agenda Item 13

Yes

___

No

STATE OF NORTH CAROLINA COUNTY OF MACON

RESOLUTION OF THE MACON COUNTY BOARD OF COUNTY COMMISSIONERS DECLARING PROPERTY TO BE SURPLUS AND APPROVING A ONE YEAR LEASE OF THE SAME BY MACON COUNTY TO DEBRA GREEN, D/B/A “THE APPOINTED HOME”

THAT WHEREAS, Macon County owns certain real property being described in the Lease to Debra Green, d/b/a “The Appointed Home”, a copy of which is attached hereto; and WHEREAS, Macon County does not presently have a use for the same; and WHEREAS, Macon County desires to declare the same to be surplus and authorize the entry of the Lease to Debra Green, d/b/a “The Appointed Home”, a copy of which is attached hereto, for the period of one year effective from November 1, 2012; and WHEREAS, pursuant to N.C. Gen. Stat. § 160A-272, Macon County is authorized to enter into the Lease to Debra Green, d/b/a “The Appointed Home”, a copy of which is attached hereto, upon the passing of a Resolution authorizing the same. NOW THEREFORE, upon Motion of Commissioner _________________________, seconded by Commissioner __________________________________, and duly approved, be it hereby resolved by the Macon County Board of County Commissioners as follows: RESOLVED, that Macon County does hereby declare the real property described in the Lease to Debra Green, d/b/a “The Appointed Home”, a copy of which is attached hereto and incorporated herein by reference, to be surplus property; and RESOLVED, that Macon County does hereby authorize the entry into the Lease to Debra Green, d/b/a “The Appointed Home”, a copy of which is attached hereto and incorporated herein by reference, for the period of one year effective from November 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 Debra Green, d/b/a “The Appointed Home”, 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.

1

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

ATTEST: _____________________________________ Clerk to the Board

( Official Seal )

2

NORTH CAROLINA MACON COUNTY LEASE TO DEBRA GREEN, D/B/A, THE APPOINTED HOME, FROM MACON COUNTY This lease is made effective this 1st day of November, 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 DEBRA GREEN, D/B/A, “THE APPOINTED HOME”, with a mailing address at P.O Box 2541, Cashiers, North Carolina 28717, hereinafter called the "Tenant." WITNESSETH: That, subject to the terms and conditions hereinafter set forth, the Landlord does hereby demise and let and the Tenant does hereby rent and hire from the Landlord, those certain premises (hereinafter referred to as the “Premises”) located at the Macon County Business Development Center and more particularly described on Exhibit A attached hereto and incorporated herein. (1) Premises. Lessor leases unto the Tenant, and the Tenant accepts upon the full terms and conditions of this lease, that certain office space located in the Macon County Business Development Center at the Macon County Industrial Park near Franklin, NC, as specifically shown on the drawing of the floor plan of the Business Development Center which is attached hereto as Exhibit A and incorporated herein by reference. The space designated on the drawing attached hereto as Exhibit A in the color yellow is leased unto the Tenant for Tenant's exclusive use. The spaces outlined in blue and designated on the drawing attached hereto as Exhibit A as Waiting Room, Men's and Women's Restrooms, and the halls may be used by Tenant for Tenant's non-exclusive use in common with any other tenants in the Development Center and Lessor, together with such portion of the premises as is reasonably necessary for access, parking and use of the leased premises. (2) Term. This lease shall commence November 1st, 2012 and shall continue for a term expiring October 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 $192.00 per month. (4) Use of Premises. The leased premises shall only be used by Tenant for the conduct of Tenant's business of manufacturing and selling ready made pillows, hot cold therapy bags. In addition, it may be used to manufacture and sell curtains, tablecloths, dust skirts and provide online design consultation and other home decor products and services.

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

additions or improvements which are permitted shall inure to the benefit of the Lessor upon expiration of the lease and surrender of the premises by the Tenant. (12)Indemnification. Tenant shall indemnify Lessor and hold it harmless from and against any and all claims, actions, damages, liability and expense in connection with the loss of life, personal injury or damage to property occurring in or about, or arising out of, the leased premises, or occasioned wholly or in part by any act or omission of Tenant, its agents, licensees, concessionaires, customers or employees. In the event Lessor shall be made a party to any litigation, commenced by or against Tenant, its agents, licensees, concessionaires, customers or employees, then Tenant shall protect and hold Lessor harmless and shall pay all costs, expenses and reasonable attorneys' fees included or paid by Lessor in connection with such litigation. (13)Environmental Matters. With respect to any pollutants, contaminants, chemicals, or industrial, toxic or hazardous substance or material defined as such in, or for purposes of, all applicable environmental laws, rules, regulations and ordinances now or hereafter in effect ("Environmental Laws"), including without limitation, any waste constituents coming within the definition or list of hazardous substances in 40 C.F.R. §§ 261.1 through 261.33 ("Hazardous Material"), the Tenant represents, warrants and covenants that it will indemnify and hold Lessor harmless from and against any and all losses, liabilities, damages, injuries, interest, deficiencies, fines, penalties, costs, expenses, attorneys' fees, disbursements, and costs of investigation and clean-up, including without limitation, claims, suits, and proceedings by federal, state, or local government authorities with respect to, or as a direct or indirect result of (i) the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, discharging or releasing from, the property of any Hazardous Material, if such occurs during the term of the lease, (ii) any other environmental pollution, including without limitation, any contaminant, waste, irritant or pollutant, discharged into or otherwise contained in the environment at or adjacent to the property if such occurs during the term of the lease, (iii) non-compliance relating to the Tenant's business or the property with any Environmental Law or any other federal, state or local statute, law, ordinance, rule, regulation, order or decree, or (iv) the inaccuracy, misrepresentation or violation or default of or under any matter set forth in this section unless any such loss, liability, damage, injury or the like is directly caused by negligent acts of the Lessor. In addition, the Tenant shall at all times keep on file with the Macon County Fire Marshall a list of any of the materials, substances, or chemicals described in this paragraph and stored or kept on the leased premises. (14)Incidents of Default. Each and every term of this lease is a material part of this lease and continuation of the lease is conditioned on the parties' adherence to its terms. The breach or threatened breach of any of the lease terms by the Tenant shall be deemed an incident of default. A declaration of insolvency or the filing of a petition of bankruptcy by the Tenant shall also be deemed an incident of default. In the event Tenant defaults as defined in this paragraph, Lessor may declare the lease terminated and retake possession of the premises upon allowing Tenant a reasonable time to vacate the premises and remove its personal property from the premises.

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

COUNTY OF MACON By: _______________________________ Chairman, Board of Commissioners

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

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: November 20, 2012 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Consent Agenda DEPARTMENT HEAD COMMENTS/RECOMMENDATION:
A. Minutes – Consideration of the minutes from the October 9th and October 11th meetings per attachment 14A. Finance – Consideration of budget amendments #58 through #63 and #70 per attachment 14B. Tax releases – Consideration of tax releases in the amount of $696.51 per attachment 14C. The supporting documentation is on file in the Deputy Clerk’s office. Monthly Tax Collection Report – For the board’s information, the monthly ad valorem tax collection report is attached as 14D. It does not require board action.

B.

C.

D.

COUNTY MANAGER’S COMMENTS/RECOMMENDATION:

Attachments ___X__ Agenda Item 14A-14D

Yes

___

No

MACON COUNTY BOARD OF COMMISSIONERS OCTOBER 9, 2012 MINUTES Chairman Corbin convened the meeting at 6:04 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 noted the passing of Jeff McCord, a county employee in the Solid Waste Department. Commissioner Beale pointed out that the dedication of the bridge in honor of “Nat” Henry was scheduled for 2 p.m. on October 12th, and that a fund-raiser for county employee Dennis Tippett was set for October 13th beginning at 5:30 p.m. MOMENT OF SILENCE: Chairman Corbin asked those in attendance to observe a moment of silence. PLEDGE TO THE FLAG: Led by Commissioner Kuppers, the pledge to the flag was recited. PUBLIC COMMENT: Dwain Picou, the swim coach for the Franklin Area Swim Team (FAST) thanked the board members for their consideration of the proposed improvements to the swimming pool and poolhouse at the county recreation park. Chris Stahl, the county’s solid waste director and the newly elected president of FAST, shared with the board regarding his family’s participation in the team and noted that the commissioners have had “a longstanding commitment” to the children of the county. Alicia Teague, speaking in regard to the pool improvements, said she wanted to thank everyone who is working to make this happen, adding her hope that this is the first of many improvements. Kim Terrell said she was “ecstatic” about the upgrade to the pool facilities, and had planned to show the board a slideshow regarding what she felt were dangers at the pool. 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:  Consideration of adding a resolution for consideration at the board’s November regular meeting under New Business as Item 10I, per Commissioner Beale. Minutes 10/09/12 Page 1 of 7

  

Adding a report from Matt Bateman regarding the Franklin Venture Local program under the beginning of reports and presentations, per Chairman Corbin. Consideration of new signage for the Macon County Airport under New Business as Item 10J, per Commissioner Kuppers. Consideration of the annual interlocal agreement for recreation with the Town of Highlands under New Business as Item 10K, per the County Manager.

VENTURE LOCAL FRANKLIN: Matt Bateman updated the board on the Venture Local Franklin effort, a grassroots movement to develop new business ideas and to boost the local economy. No action was taken. NC FAST SOFTWARE IMPLEMENTATION: Jane Kimsey, the director of the Department of Social Services (DSS) provided the board with a briefing on the implementation of the North Carolina Families Accessing Services through Technology (FAST) program, a new enhanced automation system that DSS will soon begin to put in place starting with the Food and Nutrition program. She said it involves building a huge database, and wait times will increase, which may prompt complaints to the board. The implementation is being done with existing staff, although the energy program is being outsourced to CareNet. While her staff is anxious about the change, she said she hopes it will result in better service to the community. Commissioner Beale noted that most counties have added anywhere from five to 25 additional employees to help implement FAST. No action was taken. STATUS OF CELL II AND DEVELOPMENT OF CELL III AT THE MACON COUNTY LANDFILL: Solid Waste Director Chris Stahl updated the board on the current status of Cell II at the landfill, and projected the remaining “life” of the cell at 4.7 years, or January of 2017. He then outlined the development schedule for Cell III, explaining that the hydrogeological work will be key, as some 23 test wells must be put in and a year’s worth of data collected from each. The County Manager noted that it takes a great deal of time to secure the permit for the new cell, and Mr. Stahl said the whole process will take well over three years to complete. No action was taken. MERCURY PRODUCT HANDLING PROGRAM: Mr. Stahl also explained a program involving the handling and recycling of mercury containing products such as fluorescent lamps and mercury thermostats, as products containing mercury are listed as hazardous waste and cannot be disposed of in the landfill. Under the new program, the solid waste department will recycle the lamps, but must get approval from the state Minutes 10/09/12 Page 2 of 7

to modify its operations plan in order to do so. He said he has also submitted a grant application for $3,000 to the state Division of Environmental Assistance and Outreach for development of the program. Finally, he asked the board to approve a handling fee of 75-cents per lamp for all commercial customers, with no charge for residential users. Commissioner Tate made a motion to approve the handling fee, and it was seconded by Commissioner Beale. During discussion, Commissioner Haven said he could not go along with the idea and suggested that all of the lamps be taken for free. Commissioner Beale suggested a lead time and notification of the proposed fee, and Mr. Stahl said the charge would not be instituted until January 1, 2013. The board voted 4-1 to approve the fee, with Commissioner Haven opposing. LEADSONLINE PROGRAM: Sheriff Robert Holland presented information on the LeadsOnline program, which he is looking to institute to help address crimes such as metal theft. Under the program, certain businesses such as pawn shops and metal dealers would be required to enter data into a free software program, which the sheriff’s office has been using on a trial basis. The County Attorney explained that an ordinance would need to be adopted requiring those records to be transmitted electronically, and the sheriff said he was not asking for that to be done at this meeting. The sheriff also noted he could cover the $2,900 cost of the program out of his departmental budget. Among the comments from the board, Commissioner Kuppers said his only hesitancy was to get some feedback from the affected businesses, particularly those who might be forced to purchase a computer. However, the consensus of the board was for the sheriff to move toward implementation of the program, with consideration of the necessary ordinance to be placed on the agenda for the November regular meeting. No action was taken. Chairman Corbin declared a recess at 7:36 p.m. Chairman Corbin called the meeting back to order at 7:47 p.m. POOLHOUSE RENOVATION PROJECT: Tom Ritter of Ritter Architecture explained the bid process for the renovations to the poolhouse at the Macon County Recreation Park, noting that invitations were sent to 10 contractors, with four responding. He also described the seven possible alternates to the base bid. Mr. Ritter told the board that he was recommending award of the bid to Kopp Construction of Franklin, NC in the amount of $207,500, including bid alternates numbered 1, 3 and 4. Upon a motion by Commissioner Kuppers, seconded by Commissioner Haven, the board voted unanimously to Minutes 10/09/12 Page 3 of 7

award the project as recommended, with the funding coming from the county’s undesignated fund balance. Chairman Corbin pointed out that this action required neither a loan nor a tax increase. A copy of Mr. Ritter’s letter of recommendation and the bid tabulation for the project (Attachment 1) are attached and are hereby made a part of these minutes. POOL RENOVATION PROJECT: Seth Adams, the county’s director of parks and recreation, told the board that three bids were received on the proposed renovations to the pool at the county recreation park. He said the low bidder was Augusta Aquatics, Inc. at $360,142, but that the bid was negotiated down to $338,500, and that the firm comes highly recommended. Upon a motion by Commissioner Kuppers, seconded by Commissioner Tate, the board voted unanimously to award the bid to Augusta Aquatics, Inc. in the amount of $338,500 with the funding coming from undesignated fund balance and with the caveat that there would be an amendment at a later date to fund repairs to the pool in Highlands. Also included in the motion was acknowledgment of the payment and performance bonds on the project. A copy of a letter from Aquatics H2O regarding the bids (Attachment 2) is attached and is hereby made a part of these minutes. RELEASE OF PERFORMANCE BOND FOR DIAMOND FALLS SUBDIVISION: County Planner Matt Mason read a letter (Attachment 3) recommending that the board release the total amount of the improvements guarantee for Phase II of Diamond Falls Subdivision. Prior to acting on the release, and upon a motion by Commissioner Beale, seconded by Commissioner Tate, the board voted unanimously to formally appoint Mr. Mason as the county’s subdivision administrator. Then, upon a motion by Commissioner Haven, seconded by Commissioner Tate, the board voted unanimously to release the performance bond for Diamond Falls Estates, LLC, based upon Mr. Mason’s recommendation and upon a corrected letter of certification (Attachment 4) from Larry Lackey, an engineer with CEtech Associates. Copies of both letters are attached and are hereby made a part of these minutes. CAPITAL PROJECT ORDINANCE FOR SCHOOL COMPUTER EQUIPMENT: Following an explanation from the Finance Director, and upon a motion by Commissioner Beale, seconded by Commissioner Kuppers, the board voted unanimously to approve a Capital Project Ordinance in the amount of $1.5 million for computer equipment for Macon County Schools (Attachment 5), a copy of which is attached and is hereby made a part of these minutes. Minutes 10/09/12 Page 4 of 7

ACCEPTANCE OF GRANT AND CAPITAL PROJECT ORDINANCE FOR CLEAN WATER MANAGEMENT TRUST FUND GRANT: The Finance Director explained that the board would first need to approve the transfer of a Clean Water Management Trust Fund (CWMTF) grant from the Macon County Soil and Water Conservation District (SWCD) to Macon County. If the county accepts the grant, then the adoption of a Capital Project Ordinance for the Little Tennessee Stream & Riparian Restoration Program would be necessary in order to spend the $412,269 available from the CWMTF. The Finance Director noted that the SWCD does not have the funds to “front” the project, while the county can accept it, spend the funds and then get reimbursed. Upon a motion by Commissioner Haven, seconded by Commissioner Kuppers, the board voted unanimously to accept the grant and to adopt the Capital Project Ordinance as presented (Attachment 6), a copy of which is attached and is hereby made a part of these minutes. RELEASE OF SEWER EASEMENT: The County Manager explained that a 15-foot sewer easement obtained from Jeffrey and Evelyn 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 Haven, the board voted unanimously to approve the resolution as presented (Attachment 7), a copy of which is attached and is hereby made a part of these minutes. PLANNING BOARD ASSIGNMENT: Commissioner Tate, the liaison to the county planning board, noted that the planners were moving efficiently in their review of the subdivision ordinance, and he recommended that when that task was complete, the planning board should review either the sign ordinance or the high impact ordinance. The consensus of the board was to review the sign ordinance, and this was approved unanimously upon a motion by Commissioner Kuppers, seconded by Commissioner Tate. Commission Beale requested that the County Attorney be “an integral part” of that review. DECLARATION REGARDING PANCREATIC CANCER: Commissioner Beale requested that the board declare November as pancreatic cancer awareness month in Macon County and made a motion to have the County Manager prepare a resolution to that effect for the board’s November regular meeting. Commissioner Haven seconded the motion and it was unanimously approved. Minutes 10/09/12 Page 5 of 7

SIGNAGE FOR MACON COUNTY AIRPORT: Commission Kuppers explained that the Macon County Airport Authority was working to make the airport look more presentable and said there was no sign near the runway welcoming flyers to the county. He presented an estimate in the amount of $2,916.11 for three signs to be installed at the airport, and suggested the county fund half of the cost. The Finance Director suggested a total of $1,388, since the county would be reimbursed the sales tax on the signs. Commissioner Beale made a motion to take $1,388 from contingency and to increase the airport operating budget by that amount, and it was seconded by Commissioner Kuppers. The board voted 4-1 to approve the expenditure, with Commissioner Haven opposing. A copy of the estimate is attached (Attachment 8) and is hereby made a part of these minutes. INTERLOCAL AGREEMENT WITH HIGHLANDS FOR RECREATION: The County Manager explained that this was essentially a renewal of an annual agreement to appropriate $495,000 to the Town of Highlands to help operate the recreation program there, including those on countyowned property. Upon a motion by Commissioner Kuppers, seconded by Commissioner Tate, the board voted unanimously to approve interlocal agreement (Attachment 9), a copy of which is attached and is hereby made a part of these minutes. CONSENT AGENDA: Upon a motion by Commissioner Beale, seconded by Commissioner Tate, the following items on the consent agenda were unanimously approved: Minutes – Approved the minutes from the September 11th and September 24th meetings. Budget amendments – Approved the following budget amendments: #41 for the Sheriff’s Department to appropriate $6,186 in additional money received from an insurance settlement for vehicles; #42 for Soil and Water Conservation to increase the departmental budget by $7,225 in revenue from a Voluntary Agricultural District grant; #43 for Social Services to appropriate $10,901 in additional SHIPP grant funds; #44 for Social Services to appropriate$183,176 in additional TANF funds; #45 for Solid Waste to allocate $861 from an insurance settlement to equipment maintenance to cover a portion of the cost to replace a damaged door on a tractor; #46 for Health to appropriate additional money ($10,693) awarded from the state for emergency preparedness and to take $3,935 from fund balance to match those funds; #47 for Health to decrease revenue from the Zonta Community Care Grant by $5,585; #48 for the Sheriff’s Department to appropriate $406 in controlled substance tax revenue and to appropriate $18,780 in federal drug forfeiture funds. (Revisions with corresponding numbers attached.) Tax releases – Approved tax releases in the amount of $1,850.03. (A computer printout of releases is on file in Minutes 10/09/12 Page 6 of 7

the Tax Department and the County Manager’s office.) Monthly ad valorem tax collection report – No action necessary. APPOINTMENTS: Town of Franklin Planning Board and Board of Adjustment – representatives from the Extraterritorial Jurisdiction (ETJ) – Upon a motion by Commissioner Kuppers, seconded by Commissioner Beale, the board voted unanimously to reappoint Janet Greene as a member of the board for a two-year term, and to reappoint Ken Stonebreaker as an alternate for a three-year term, based upon a recommendation from the Town of Franklin. ADJOURN: At 8:42 p.m. and upon a motion by Commissioner Beale, seconded by Commissioner Haven, the board voted unanimously to adjourn.

_____________________________ Jack Horton, County Manager Clerk to the Board

______________________________ Kevin Corbin Board Chairman

Minutes 10/09/12 Page 7 of 7

MACON COUNTY BOARD OF COMMISSIONERS CALLED MEETING OCTOBER 11, 2012 MINUTES Highlands Mayor David Wilkes convened the joint meeting with the Macon County Board of Commissioners, the Town of Franklin Board of Aldermen and the Town of Highlands Board of Commissioners at 6:30 p.m. at Highlands Country Club in Highlands. Commissioner Beale and Commissioner Kuppers, the County Manager and the County Attorney were present. All of the Franklin aldermen – with the exception of Alderman Bob Scott and Alderman Billy Mashburn – Mayor Joe Collins and Summer Woodard, assistant to the town manager, were present. All of the Highlands commissioners, Mayor David Wilkes and Town Manager Bob Frye were present. Also present were members of the news media. Commissioner Kuppers gave an update on a number of ongoing county projects and issues, and there were similar reports from representatives of both towns. The next joint meeting will be hosted by Macon County in the spring of 2013. With no other items, Mayor Wilkes adjourned the meeting.

_____________________________ Jack Horton, County Manager Clerk to the Board

______________________________ Kevin Corbin Board Chairman

Minutes 10/11/12 Page 1 of 1

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: November 20, 2012 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Appointments DEPARTMENT HEAD COMMENTS/RECOMMENDATION: (A) Review Officer – Richard Lightner has requested that Mike Hall be appointed as a review officer as allowed under NCGS 47-30.2 to fill a slot vacated by Josh Pope. Art Provencher and Justin Setser are the other two review officers. (B) Planning Board – Larry Stenger has submitted a letter stating that the does not wish to be considered for reappointment to the planning board, and his term ends this month. A copy of his letter is attached. (C) Highlands Tourism Development Commission – Please see the attached letter from Bob Kieltyka to Commissioner Tate regarding recommendations for three seats on the TDC. COUNTY MANAGER’S COMMENTS/RECOMMENDATION:

Attachments ___X__ Agenda Item 15A-15C

Yes

___

No