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

MACON COUNTY BOARD OF COMMISSIONERS AUGUST 14, 2012 AGENDA 1. Call to order and welcome by Chairman Corbin 2. Announcements 3. Moment of Silence 4. Pledge of Allegiance 5. Public Comment Period 6. New Business A. Resolution Approving Financing Terms – Finance Director B. Appointment – Southwestern Community College (SCC) Board of Trustees NOTE: The board will recess this meeting until Tuesday, August 21, 2012 at 6 p.m. in the commission boardroom on the third floor of the Macon County Courthouse located at 5 West Main Street, Franklin, NC. Upon reconvening on the 21st 7. Public Hearing(s) – 6:00 p.m. Proposed amendments to and restatement of Chapter 155 of the Macon County Code concerning Voluntary Farmland Preservation NOTE: Consideration of the proposed amendments will immediately follow the public hearing. 8. Public Comment Period 9. Adjustments to and approval of the agenda 10.Reports/Presentations A. New Hope Cemetery – Andrew Baldwin B. Business plan for the Macon County Heritage Center at the Historic Cowee School – Stacy Guffey

11.Old Business A. Specifications for pool and pool house renovations 12.New Business A. Request for contract and franchise extension – Bonita Hamstra, J&B Disposal B. Approval of fire district map for Nantahala – Jimmy Teem C. Resolution and renewal of lease agreement with Forex Currency Trade Advisors, LLC – County Attorney D. Change order on the Little Tennessee River/Cartoogechaye Creek Trunk Sewer Project – McGill Associates E. Memorandum of Agreement with the NC Wildlife Resources Commission for Prentiss Bridge Access Area – County Planner 13.Consent Agenda – Attachment #13
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. B. C. D. E. F.

Minutes of the July 10th and July 26th meetings Budget amendments Tax releases Tax refunds 2011 Tax Settlement Report Monthly ad valorem tax collection report

14.Appointments A. Planning Board 15.Closed session (if necessary) A. Per G.S. 143-318.11(a)(4) – To discuss matters relating to the location or expansion of industries or other businesses B. Per G.S. 143-318.11(a)(3) – To consult with the attorney 16.Adjournment/Recess

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: August 14, 2012 DEPARTMENT/AGENCY: Finance SUBJECT MATTER: Resolution Approving Financing Terms DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Please see the attached memo from Finance Director Lori Hall regarding requests for proposals for the financing of computer equipment in the amount of $1.5 million. Her recommendation is to award the bid to BB&T Governmental Finance at an interest rate of 1.44 percent. A “Resolution Approving Financing Terms” is also attached for your consideration. COUNTY MANAGER’S COMMENTS/RECOMMENDATION:

Attachments ___2__ Agenda Item 6A

Yes

___

No

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: August 14, 2012 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Appointment to Southwestern Community College (SCC) Board of Trustees DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Please see the attached application from Gary Shields, who currently holds the seat on the SCC board. Mr. Shields was appointed in July of 2011 to fill the unexpired term of Charles Leatherman. The commission’s recommendation will then be forwarded to the Jackson County Board of Commissioners. COUNTY MANAGER’S COMMENTS/RECOMMENDATION:

Attachments __1__ Agenda Item 6B

Yes

___

No

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: August 14, 2012 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Voluntary Farmland Preservation Ordinance DEPARTMENT HEAD COMMENTS/RECOMMENDATION: A public hearing on amendments to and a restatement of this ordinance has been properly advertised for 6 p.m. on Tuesday, August 21st. A copy of the proposed revised ordinance is attached for your consideration. The County Attorney and Soil Conservation Supervisor Mike Breedlove can provide additional details and answer questions at the meeting. Following the close of the public hearing, the board may consider the amendments to and restatement of Chapter 155 of the Macon County Code. COUNTY MANAGER’S COMMENTS/RECOMMENDATION:

Attachments __1__ Agenda Item 7

Yes

___

No

Amendments to and Restatement of Chapter 155, Voluntary Farmland Preservation. THAT WHEREAS, the Macon County Board of Commissioners adopted the Voluntary Farmland Preservation Chapter of Macon County, North Carolina, codified as Chapter 155 of The Macon County Code, on February 4, 1997; and WHEREAS, the Macon County Board of Commissioners wishes to amend and restate Chapter 155 of Chapter 155 of the Voluntary Farmland Preservation Chapter of Macon County, North Carolina, codified as Chapter 155 of The Macon County Code, as set forth below and the same shall hereafter be known as the Macon County Voluntary Agricultural District Ordinance; and WHEREAS, the Board of Commissioners finds the same to be in the public interest and to promote the public health, safety and welfare and the same is authorized pursuant to authority vested in it by N.C. Gen. Stat. §§ 106-735 through 106-744, and Chapter 153A of the North Carolina General Statutes; NOW, THEREFORE, BE IT ORDAINED by the Macon County Board of Commissioners that: Chapter 155 of the Voluntary Farmland Preservation Chapter of Macon County, North Carolina, codified as Chapter 155 of The Macon County Code as it presently exists is hereby amended and restated so that the same shall hereafter read as follows:
“M ACON COUNTY VOLUNTARY AGRICULTURAL DISTRICT ORDINANCE

ARTICLE I TITLE An ordinance of MACON COUNTY, NORTH CAROLINA, entitled, "FARM LAND VOLUNTARY AGRICULTURAL DISTRICT ORDINANCE."

ARTICLE II AUTHORITY The articles and sections of this Ordinance are adopted pursuant to authority conferred by the North Carolina General Statutes sections 106-735 through 106-744 and Chapter 153A.

ARTICLE III PURPOSE The purpose of this Ordinance is to promote agricultural values and the general welfare of the county and more specifically, increase identity and pride in the agricultural community and its way of life; encourage the economic and

financial health of agriculture, horticulture and forestry; and increase protection from non-farm development and other negative impacts on properly managed farms.

ARTICLE IV DEFINITIONS The following are defined for purposes of this Ordinance: Advisory Board: Macon County Agricultural Advisory Board. Chairperson: District: Chairperson of the County Agricultural Advisory Board. Voluntary Agricultural District as established by this ordinance.

Board of Commissioners: Macon County Board of Commissioners.

ARTICLE V AGRICULTURAL ADVISORY BOARD A. Creation

The Board of Commissioners shall establish an Agricultural Advisory Board to implement the provisions of this program. B. Membership The Advisory Board shall consist of no less than five (5) members appointed by the Board of Commissioners. C. Membership Requirements 1. Each Advisory Board member, except those serving in an ex officio capacity, shall be a Macon County resident or landowner. At least three (3) of the members shall be actively engaged in farming, horticulture and/or forestry. Of the members actively engaged in farming, horticulture and/or forestry there shall be at least one such member from each Voluntary Agricultural District in Macon County. This determination shall be made without reference to ex officio members. The members actively engaged in farming, horticulture and/or forestry as well as other members, shall be selected for appointment by the Board of Commissioners from the names of individuals submitted to the Board of Commissioners by the Soil and W ater Conservation District Board of Supervisors, the County Office of North Carolina Cooperative Extension, the U.S. Farm Service Agency County Committee, nonprofit agricultural organizations, conservation organizations, agribusiness, horticultural businesses, forestry businesses, and the public at large. Additional members may be appointed to the Board in an ex officio capacity from the Soil and W ater Conservation District Board, North Carolina Cooperative Extension, the U.S. Farm Service Agency,

2.

3.

4.

2

or other agencies, as deemed necessary by the Board of Commissioners. Members serving in an ex officio capacity shall neither vote nor count toward quorum requirements. D. Tenure

The initial board is to consist of one (1) appointee for terms of one year; two (2) appointees for terms of two years; and two (2) appointees for terms of three years. Thereafter, all appointments are to be for terms of three years, with reappointment permitted. E. Vacancies

Any vacancy on the Advisory Board is to be filled by the Board of Commissioners for the remainder of the unexpired term. F. Removal

Any member of the Advisory Board may be removed by the Board of Commissioners upon a two-thirds vote of the Commissioners. No cause for removal shall be required. G. Funding

The per diem compensation, if any, of the members of the Advisory Board may be fixed by the Board of Commissioners and funds may be appropriated to the Advisory Board to perform its duties. H. Advisory Board Procedure 1. Chairperson The Advisory Board shall elect a chairperson and vice-chairperson each year at its first meeting of the fiscal year. The chairperson shall preside over all regular or special meetings of the Advisory Board. In the absence or disability of the chairperson, the vice-chairperson shall preside and shall exercise all the powers of the chairperson. Additional officers may be elected as needed. 2. Determination of Procedure The Advisory Board may adopt rules of procedure not inconsistent with this Ordinance or with other provisions of State law. 3. Advisory Board Year The Advisory Board shall use the Macon County fiscal year as its meeting year. 4. Meetings Meetings of the Advisory Board shall be held at the call of the chairperson and at such other times as the Advisory Board may specify in its rules of procedure or upon the request of at least a majority of the Advisory Board Membership. A meeting shall be held at least annually and notice of any meetings to the members shall be in writing, unless otherwise agreed to by all Advisory Board members. Meeting dates and times shall be posted as far in advance as possible on the door of the meeting site and by advertisement in local newspapers or by other means of public dissemination of

3

the meeting dates as may be agreed upon by at least a majority of the Advisory Board Membership. All meetings shall be open to the public. 5. Majority Vote and Quorum Requirements All issues shall be decided by a majority vote of the members of the Advisory Board present, except as otherwise stated herein. A quorum is defined as at least two-thirds of the members in attendance. No business may be conducted by the Advisory Board without a quorum present. 6. Records The Advisory Board shall keep minutes of the proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Advisory Board, or its designee, and shall be a public record. All records are public records open to the public. 7. Administrative The Advisory Board may contract with the Macon County Soil & Water Conservation District office to serve the Board for record keeping, correspondence, application procedures under this, and whatever services the Board needs to complete its duties. I. Duties The Advisory Board shall: 1. Review and approve or disapprove applications of landowners for enrollment of qualified farmland, horticultural land, or forestland into a District; Make recommendations concerning the establishment and modification of Districts; Conduct public hearings; Advise the Board of Commissioners on projects, programs, or issues affecting the agricultural economy and agricultural, horticultural or forestry activities within the county that will affect Districts; Review and make recommendations concerning proposed amendments to this ordinance; Develop and maintain a draft countywide farmland protection plan as defined in N.C.G.S. §106-744 (e) for presentation to the Board of Commissioners; Study additional methods of protection for farming, horticulture, forestry, and the attendant land base, and make recommendations to the Board of Commissioners; and Perform other agricultural, horticultural, and forestry-related tasks or duties assigned by the Board of Commissioners.

2. 3. 4.

5. 6.

7.

8.

ARTICLE VI CREATION OF VOLUNTARY AGRICULTURAL DISTRICTS

4

A.

Regions Macon County is hereby divided into four (4) regions as defined below: County map divided into 4 regions 1. North 2. South 3. East 4. W est County currently divided into 4 contiguous regions. The number of regions, if needed, may be changed by farmer request.

B.

Implementation

In order to implement the purposes stated in Article III, this program provides for the creation of Voluntary Agricultural Districts, which meet the following standards: The District shall meet the requirements in the application process All land enrolled in a region, defined in section A, above, shall be part of a single District. If a single farm has acreage in two or more regions, the farm shall participate in the District where the largest acreage is found. All land in a region as defined in section A, above, shall be treated as a single District. C. Education

The county may take such action as it deems appropriate through the Advisory Board or other entities or individuals to encourage the formation of the Districts and to further their purposes and objectives, including the implementation of a public information program to reasonably inform landowners of the Voluntary Agricultural District program. D. Addition Qualifying farmland in a region with an existing District shall be added to the District as herein provided.

ARTICLE VII CERTIFICATION AND QUALIFICATION OF FARM LAND Requirements To secure county certification as qualifying farmland in either a Voluntary Agricultural District, a farm must: 1. Contain at least an acre ( 1 acre ) of farmland that is being actively farmed and has been farmed for a minimum of three ( 3 ) years. Proof, including receipts from sales or other forms of validation of this farming activity is required to be submitted with the application. Notwithstanding the foregoing,

5

farms which were on August 21, 2012, participating in the Voluntary Agricultural District program will not be required to provide additional proof of farming activities. 2. Be managed, if highly erodible land exists on the farm, in accordance with the Natural Resources Conservation Service defined erosion-control practices that are addressed to said highly-erodible land; Be the subject of a conservation agreement, as defined in N.C.G.S. §121-35, between the county and the owner of such land that prohibits non-farm use or development of such land for a period of at least ten years, except for the creation of not more than three lots that meet applicable county zoning and subdivision regulations; and Be located in the unincorporated area of Macon County, unless there is an agreement with a municipality through which the county is authorized to exercise the authority of the municipality on its behalf.

3.

4.

ARTICLE VIII APPLICATION, APPROVAL, AND APPEAL PROCEDURE A. Application Procedure 1. A landowner may apply to participate in the Voluntary Agricultural District program by making application to the chairperson of the Advisory Board or a designated staff person. The application shall be on forms provided by the Advisory Board. A conservation agreement (required by N.C.G.S. §106-737 and defined in N.C.G.S. §121-35) to sustain, encourage, and promote agriculture must be executed by the landowner with the Advisory Board, which shall record a certified copy of such with the Macon County Register of Deeds. Permitted uses include agriculture, horticulture, forestry, and outdoor recreation.

2.

B.

Approval Process 1. Upon submission of the application to the Advisory Board, the Advisory Board shall meet within thirty (30) days to approve or disapprove the application. The chairperson shall notify the applicant by first class mail of approval or disapproval of participation in a District. Upon receipt of an application, the chairperson will forward copies immediately to the following offices which shall be asked to provide comments, if any, to the Advisory Board prior to the date set for the Advisory Board vote on the application: a. b. c. d. e. 3. The Macon County tax assessor; The Macon County Soil and W ater Conservation District office; The Macon County Planner The Macon Office of N.C. Cooperative Extension; and The Natural Resources Conservation Service.

2.

It is strongly recommended that all landowners with Voluntary Agricultural District programs register their property at the Macon County Register of Deeds. This process serves the farmers as a means of protection and strengthens their "right to farm" laws. The cost of registration is the property owner's responsibility.

6

C.

Appeal

If an application is denied by the Advisory Board, the landowner may, within fifteen (15) days of notification of disapproval of the application, request in writing that the Advisory Board reconsider its decision. The request for reconsideration shall state the reason(s) therefore. Upon reconsideration, the landowner shall have thirty (30) days from the date of notification to appeal the decision to the Board of Commissioners. Such appeal shall be presented in writing. The decision of the Board of Commissioners is final.

ARTICLE IX REVOCATION, ENFORCEM ENT AND RENEWAL OF CONSERVATION AGREEM ENTS A. Revocation and Enforcement

By providing 30 days advance written notice to the Advisory Board, a landowner of qualifying farmland within a District may revoke the Conservation Agreement or the Advisory Board may revoke the same Conservation Agreement based on noncompliance by the landowner, subject to the same provisions as contained in Article VIII(C) for appeal of denials. Such revocation shall result in loss of qualifying farm status and loss of eligibility to participate in a District. Absent noncompliance by the landowner, neither the Advisory Board nor the Board of Commissioners shall revoke any Conservation Agreement prior to its expiration. If the Advisory Board shall revoke this Conservation Agreement for cause, the landowner shall have the appeal rights set forth in Article VIII(C). Transfers of land in a District due to death of the landowner, sale or gift shall not revoke the Conservation Agreement in the event that there are water or sewer assessments held in abeyance, the new owner(s) fails to agree in writing to accept liability for those assessments in the event that the land is withdrawn either voluntarily or involuntarily from the District. Enforcement of the terms of a Conservation Agreement for land enrolled in a District shall be limited to revocation of the Conservation Agreement and the benefits derived therefrom. A notice of revocation shall be recorded in the county land record system sufficient to provide notice that the land has been withdrawn from the Voluntary Agricultural District program. B. Renewal

A Conservation Agreement for land within a Voluntary Agricultural District shall be automatically renewed unless the landowner provides 30 day written notice to the Advisory Board of intent not to renew. Absent noncompliance by the landowner, neither the Advisory Board nor the Board of Commissioners shall fail to renew any Conservation Agreement unless this Ordinance or its authorizing legislation has been repealed.

ARTICLE X W AIVER OF W ATER AND SEW ER ASSESSM ENTS A. No Connection Required

A landowner belonging to a District shall not be required to connect to Macon County water and/or sewer systems. The County and the landowner will put this agreement in writing and recorded at the Register of Deeds. If the landowner needs assistance with the County, the Soil & Water Advisory Board and the Soil and W ater staff will be the first point of contact. B. Abeyance

W ater and sewer assessments shall be held in abeyance, without interest, for farms in a District, until improvements on such property are connected to the water or sewer system for which the assessment was made.

7

C.

Termination of Abeyance

W hen the period of abeyance ends, the assessment is payable in accordance with the terms set out in the assessment resolution. D. Suspension of Statute of Limitations

Statutes of limitations are suspended during the time that any assessment is held in abeyance without interest. The landowner may be required to sign an acknowledgement (that may be incorporated into the Conservation Agreement) of the abeyance of the statute of limitations upon collecting water and sewer assessments, or other utility assessments. E. Other Statutory Abeyance Procedures

Nothing in this section is intended to diminish the authority of the County to hold assessments in abeyance under N.C.G.S. §153A-201, or other applicable law. F. Conflict with W ater and/or Sewer System Construction and Improvements Grants

To the extent that this section conflicts with the terms of federal, state, or other grants under which county utility systems are constructed this section shall not apply. This section shall not apply to utilities that are not owned by the County unless the County has entered into an agreement with the entity(ies) owning the utilities and that agreement provides that this Ordinance shall apply.

ARTICLE XI PUBLIC HEARINGS A. Purpose

N.C.G.S. §106-740 provides that no state or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland within a District until such agency or unit has requested the Advisory Board to hold a public hearing on the proposed condemnation. This provision ensures that the condemning agency or unit considers the impact of its actions upon agriculture, forestry, and/or horticultural prior to taking action that is not reversible. This provision is not intended to, and does not prohibit, the condemning agency or unit from taking action authorized by law. B. Procedure 1. Upon receiving a request, the Advisory Board shall publish notice describing the proposed action in the appropriate newspapers of Macon County within five (5) business days of the request, and will in the same notice notify the public of a public hearing on the proposed condemnation, to be held within ten (10) days of receipt of the request. The Advisory Board shall meet to review: a. W hether the need for the project has been satisfactorily established by the agency or unit of government involved, including a review of any fiscal impact analysis conducted by the agency involved; and

2.

8

b. W hether there are alternatives to the proposed action that have less impact and are disruptive to the agricultural activities of the District within which the proposed action is to take place. 3. The Advisory Board shall consult with the Macon Soil and W ater Conservation District office (primary agency); County Agricultural Extension Agent, the Natural Resources Conservation Service District Conservationist, and any other individuals, agencies, or organizations deemed by the Advisory Board to be necessary for its review of the proposed action. W ithin five (5) days after the hearing, the Advisory Board shall make a report containing its findings and recommendations regarding the proposed action. The report shall be made available to the public prior to its being conveyed to the decision-making body of the agency proposing the acquisition. There will be a period of ten (10) days allowed for public comment on the report of the Advisory Board. After the ten (10) day period for public comment has expired, the Advisory Board shall submit a final report containing all of its findings and recommendations regarding the proposed action to the decision making body of the agency proposing the acquisition. The total time period, from the day that a request for a hearing has been received to the day that a final report is issued to the decision making body of the agency proposing the acquisition, shall not exceed thirty (30) days. If the agency agrees to an extension, the agency and the Advisory Board shall mutually agree upon a schedule to be set forth in writing and made available to the public. Pursuant to N.C.G.S. §106-740, the Board of Commissioners shall not permit any formal initiation of condemnation by local agencies while the proposed condemnation is properly before the Advisory Board. ARTICLE XII NOTIFICATION A Record Notice of Proximity to a Voluntary Agricultural District 1. Procedure

4.

5.

6.

7.

8.

W hen Macon County computerizes its County Land Records System the following requirements outlined in this section shall be implemented and enforced. Upon certification of qualifying farmland and designation of real property as a District, the Macon County Register of Deeds shall provide some form of notice reasonably calculated to alert a person researching the title of a particular tract that such tract is located within one-half mile of a District. 2. Limit of Liability

In no event shall the County or any of its officers, employees, members of the Advisory Board, or agents be held liable in damages for any misfeasance, malfeasance, or nonfeasance occurring in good faith in connection with the duties or obligations imposed by this . 3. No Cause of Action

9

In no event shall any cause of action arise out of the failure of a person researching the title of a particular tract to report to any person the proximity of the tract to a qualifying farm or District as defined in this Ordinance. B. Signage Signs identifying approved Districts shall be placed along the rights-of-way of major roads that pass through or next to those Districts. There shall at least one sign posted in each District. There shall also be signage posted at the farm gate of each qualifying farm. Placement and design of signage shall be coordinated with the North Carolina Department of Transportation. C. Maps Maps identifying approved Districts shall be provided to the following agencies or offices: 1. 2. 3. 4. 5. 6. Planning Department; Register of Deeds; Soil and W ater Conservation District and NC Department of Agriculture and Consumer Services Natural Resources Conservation Service; North Carolina Cooperative Extension; Any other such agency or office the Advisory Board deems appropriate.

ARTICLE XIII SUBDIVISION ORDINANCE AND ZONING ORDINANCE REVIEW Developers of major subdivisions or planned unit developments shall designate on preliminary development plans, the existence of the Districts within one-half mile of the proposed development.

ARTICLE XIV COUNTY LAND-USE PLANNING A. Duty of the Advisory Board

It shall be the duty of the Advisory Board to advise the Board of Commissioners or the agency or office to which the Board of Commissioners delegate authority to oversee county land use planning, on the status, progress, and activities of the county's Voluntary Agricultural District program and to also coordinate the formation and maintenance of Districts with the county's land use planning activities and the county's land use plan if one currently exists at the time this is enacted or when one is formed. B. Posting of Notice

The following notice, of a size and form suitable for posting, shall be posted in the office of the Register of Deeds, and any other office or agency the Advisory Board deems necessary:

10

Macon County has established Districts to protect and preserve agricultural lands and activities. These Districts have been developed and mapped by the county to inform all purchasers of real property that certain agricultural and forestry activities, including but not limited to pesticide spraying , manure spreading, machinery and truck operation, livestock operations, sawing, and other common farming activities may occur in these Districts any time during the day or night. Maps and information on the location and establishment of these Districts can be obtained from the Macon County Soil and W ater Conservation District office, North Carolina Cooperative Extension Service office, the office of the Register of Deeds, the County Planning office, or the Natural Resources Conservation Service office. C. Growth Corridors

At such time as the county might establish designated growth corridors, Districts shall not be permitted in the designated growth corridors, as delineated on the official county planning map without the approval of the Board of Commissioners. Districts located in growth corridors designated after the effective date of this program may remain, but shall not be expanded within the growth corridor area without the approval of the Board of Commissioners.

ARTICLE XV CONSULTATION AUTHORITY The Advisory Board may consult with Macon County Soil and W ater Office, the North Carolina Department of Agriculture and Consumer Services, the Natural Resources Conservation Service, North Carolina Cooperative Extension, and with any other individual, agency, or organization the Advisory Board deems necessary to properly conduct its business.

ARTICLE XVI NORTH CAROLINA AGENCY NOTIFICATION Annual Report to the North Carolina Department of Agriculture and Consumer Services A copy of this Ordinance shall be sent to the Office of the North Carolina Commissioner of Agriculture and Consumer Services, the Board of Commissioners, the Soil and W ater Conservation District office and the County Office of North Carolina Cooperative Extension, after adoption. Annually the county shall submit a written report to the Commissioner of Agriculture and Consumer Services on the county's Voluntary Agricultural District program, including the following information: 1. 2. 3. 4. 5. 6. 7. Number of landowners enrolled; Number of acres enrolled; Number of acres certified during the reporting period; Number of acres denied during the reporting period; Number of acres for which applications are pending; Municipalities with which Memorandums of Understanding have been signed; Municipalities that have adopted this Ordinance for the purpose of the county enforcing this Ordinance within their corporate boundaries;

11

8.

Copies of any amendments to this Ordinance or Memorandums of Understanding signed with municipalities; and Any other information the Advisory Board deems useful.

9.

ARTICLE XVII LEGAL PROVISIONS A. Severability

If any article, section, subsection, clause, phrase, or portion of this Ordinance is for any reason found invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. B. Conflict with other ordinances and statutes

W henever the provisions of this Ordinance conflict with other ordinances of Macon County, this Ordinance shall govern. W henever the provisions of any federal or state statute require more restrictive provisions than are required by this Ordinance, the provisions of such statute shall govern. C. Amendments This Ordinance may be amended from time to time by the Board of Commissioners.

ARTICLE XVIII ENACTM ENT The Macon County Board of Commissioners hereby adopts and enacts the preceding articles and sections of this Ordinance. Adopted this the ____ day of _________, 2012. Motion for adoption by __________________________ and seconded by _____________________ and passed, adopted and ordained by unanimous vote of the Macon County Board of County Commissioners on this the ____ day of _________, 2012, at a regular meeting of the Macon County Board of County Commissioners.

12

MACON COUNTY BOARD OF COMMISSIONERS

_______________________________________ Chairperson ATTEST:

_______________________________________________ Clerk to Board of Commissioners

Approved as to form:

______________________________________________ County Attorney”

13

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: August 14, 2012 DEPARTMENT/AGENCY: SUBJECT MATTER: New Hope Cemetery DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Please see the attached letter from Andrew Baldwin, who is requesting the board’s assistance with his Eagle Scout project, which is to make improvements to an abandoned African American cemetery known as New Hope. Mr. Baldwin will be at the meeting to ask that the board designate the cemetery as abandoned as outlined in Chapter 65 of the state statutes and serve as his sponsor for the project, allowing him to help in the effort to restore it. A map showing the location of the cemetery off Delta Drive in Franklin is also attached. COUNTY MANAGER’S COMMENTS/RECOMMENDATION:

Attachments __2__ Agenda Item 10A

Yes

___

No

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: August 14, 2012 DEPARTMENT/AGENCY: SUBJECT MATTER: Business Plan for the Macon County Heritage Center at the Historic Cowee School DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Stacy Guffey will present the business plan that was prepared this spring to turn the former school into a heritage center. The plan is part of joint project between Macon County, the Cowee Community Development Organization and the Land Trust for the Little Tennessee. A copy of the executive summary from the plan is attached. A full copy is on file in the County Manager’s office. COUNTY MANAGER’S COMMENTS/RECOMMENDATION:

Attachments ___1_ Agenda Item 10B

Yes

___

No

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: August 14, 2012 DEPARTMENT/AGENCY: Parks and Recreation SUBJECT MATTER: renovations Specifications for pool and pool house

DEPARTMENT HEAD COMMENTS/RECOMMENDATION: COUNTY MANAGER’S COMMENTS/RECOMMENDATION: If proposed plans and specifications for the pool renovation project are approved, the county will proceed with formal advertisement for bids. Once bids are in and funding is approved, contracts can be awarded for the actual work. Recommend approval and authorization to advertise.

Attachments _____ Agenda Item 11A

Yes

__X_

No

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: August 14, 2012 DEPARTMENT/AGENCY: Solid Waste SUBJECT MATTER: Request for contract and franchise extension from J&B Disposal DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Please see the attached letter from Bonita Hamstra, president of J&B Disposal, who is seeking to extend her company’s contract and franchise with the county for an additional five years (through May of 2021). Ms. Hamstra will be at the meeting, as will county Solid Waste Director Chris Stahl. COUNTY MANAGER’S COMMENTS/RECOMMENDATION: J&B Disposal has served Macon County well for several years. In order to accommodate the need to purchase and replaced needed trucks and equipment, a contract term of five or more years is needed. Recommend approval.

Attachments __1_ Agenda Item 12A

Yes

___

No

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: August 14, 2012 DEPARTMENT/AGENCY: Emergency Services SUBJECT MATTER: Approval of fire district map for Nantahala DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Jimmy Teem, the county’s fire marshal, will present a revised map of the Nantahala Fire District for the board’s consideration. COUNTY MANAGER’S COMMENTS/RECOMMENDATION:

Attachments _____ Agenda Item 12B

Yes

__X_

No

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: August 14, 2012 DEPARTMENT/AGENCY: Economic Development SUBJECT MATTER: Resolution and renewal of lease agreement with Forex Currency Trade Advisors, LLC DEPARTMENT HEAD COMMENTS/RECOMMENDATION: The County Attorney has prepared a resolution and a lease agreement with Forex Currency Trade Advisors, LLC regarding a one-year renewal for the lease of space in the county’s Business Development Center. The term would run from August 1, 2012 to July 31, 2013 at a rate of $333.33 per month, utilities included. Copies of the resolution and the lease are attached for your information and review. COUNTY MANAGER’S COMMENTS/RECOMMENDATION:

Attachments __2_ Agenda Item 12C

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 from August 1, 2012; and WHEREAS, pursuant to N.C. Gen. Stat. § 160A-272, Macon County is authorized to enter into the Lease to Forex Currency Trade Advisors, LLC, a copy of which is attached hereto, upon the passing of a Resolution authorizing the same. NOW THEREFORE, upon Motion of Commissioner _________________________, seconded by Commissioner __________________________________, and duly approved, be it hereby resolved by the Macon County Board of County Commissioners as follows: RESOLVED, that Macon County does hereby declare the real property described in the Lease to Forex Currency Trade Advisors, LLC, a copy of which is attached hereto and incorporated herein by reference, to be surplus property; and RESOLVED, that Macon County does hereby authorize the entry into the Lease to Forex Currency Trade Advisors, LLC, a copy of which is attached hereto and incorporated herein by reference, for the period of one year from August 1, 2012; and RESOLVED, that Kevin Corbin, the Chairman of the Macon County Commissioners, is hereby authorized and directed to fill in any blanks upon the same and execute said Lease to Forex Currency Trade Advisors, LLC, on behalf of Macon County. Adopted at the August 21, 2012, continuation of the August 14, 2012, Regular Meeting of the Macon County Board of Commissioners which was recessed to August 21, 2012.

1

__________________________________________ 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 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 on 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: August 14, 2012 DEPARTMENT/AGENCY: McGill Associates SUBJECT MATTER: Change order on the Little Tennessee River/Cartoogechaye Creek Trunk Sewer Project DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Per the County Manager, a representative of McGill Associates will be at the meeting to present and explain the latest change order on this project. COUNTY MANAGER’S COMMENTS/RECOMMENDATION:

Attachments _____ Agenda Item 12D

Yes

_X_

No

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: August 14, 2012 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Memorandum of agreement with the NC Wildlife Resources Commission for Prentiss Bridge Access Area DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Please see the enclosed memorandum of agreement for more details. County Planner Matt Mason will be at the meeting to answer questions. A photo of the access area and a location map will also be provided. COUNTY MANAGER’S COMMENTS/RECOMMENDATION:

Attachments ___1__ Agenda Item 12E

Yes

___

No

MEMORANDUM OF AGREEMENT BETWEEN THE NORTH CAROLINA WILDLIFE RESOURCES COMMISSION AND MACON COUNTY, NORTH CAROLINA

THIS AGREEMENT, made and entered into this _________ day of _________________, by and between the North Carolina Wildlife Resources Commission, hereinafter called the Commission, and Macon County, North Carolina, hereinafter called the County; WITNESSETH: Whereas, the Commission is authorized to create and improve public fishing access in inland fishing waters for the benefit of the sportsmen of North Carolina; and Whereas, it is desirable for the Commission to improve public fishing access along the Little Tennessee River at the Prentiss Bridge access area which is owned by the Tennessee Valley Authority and has a long-term license agreement for occupancy and use with the County; and Whereas, it is desirable for the County to increase the recreational opportunities for its citizens by cooperating with the Commission to improve angler access; and Therefore, in consideration of the mutual advantages likely to result from this agreement and the respective obligations assumed herein; THE COMMISSION AGREES: 1. To design and construct a step-down boat slide, and resurface the gravel parking area at the Prentiss Bridge access area; 2. To order construction materials (e.g., lumber, hardware, gravel, and concrete) for the stepdown boat slide and the gravel parking area; 3. To provide personnel for the construction of the step-down boat slide and resurfacing the gravel parking area; 4. To obtain any necessary environmental and building permits; 5. To conduct any future structural repairs such as replacing boards and railings on the stepdown boat slide and re-grading the gravel parking area, if needed; 6. To include the Prentiss Bridge access area in the routine patrols of Commission Wildlife Enforcement Officers when they are in the local area. 1

THE COUNTY AGREES: 1. To cooperate with the Commission in the upgrades to the Prentiss Bridge access area, and permit access to Commission personnel engaged in planning, construction, or postconstruction work; 2. To ensure proper recognition is given to the Commission in all press releases, brochures and advertisements developed by the County concerning visitation and usage of the Prentiss Bridge access area; 3. To permit unrestricted access by the general public, without charge, at the Prentiss Bridge access area consistent with the Commission’s regulations; 4. To maintain the agreement with the Tennessee Valley Authority to occupy and use the property as a public recreational access area; 5. To provide routine maintenance and upkeep of the access area, including mowing, weedeating and trash pick-up, particularly from April through October. IT IS MUTUALLY AGREED: 1. The County will provide public access without cost to the Prentiss Bridge access area to comply with regulations of the U.S. Fish and Wildlife Service in accordance with provisions the Dingell-Johnson Sport Fish Restoration Act that provides grant funds for this project. 2. The Prentiss Bridge access area will be managed as a Commission facility with no closure of the site except for repair purposes, emergency situations, limited special uses or best management practices. The facility will be posted with the Commission’s access area regulations using kiosks and signage. 3. Fishing regulations and licenses, as required by state law, shall be jointly publicized and enforced. 4. This Agreement shall become effective as soon as it is signed and dated by both parties. 5. Nothing in this Agreement shall obligate either party to any conditions not specifically stated herein.

2

TERMINATION 1. It is mutually agreed that either party may terminate its involvement in this agreement by written notice to the other at least 120 days in advance of the date on which termination is to become effective. If the agreement is terminated before the end of the agreement as described below, the COUNTY will reimburse the COMMISSION for the pro-rated design and construction costs. TERM OF AGREEMENT 1. This agreement shall become effective upon full execution and shall continue in effect for a period equal to 25 years.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above.

Approved and agreed to:

Macon County, North Carolina

N. C. Wildlife Resources Commission

By: Jack Horton County Manager Macon County

By: Robert L. Curry Chief Division of Inland Fisheries

Date

Date

3

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: August 14, 2012 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Consent Agenda DEPARTMENT HEAD COMMENTS/RECOMMENDATION:
A. Minutes – Consideration of the minutes from the July 10th and July 26th meetings per attachment 13A. Finance – Consideration of budget amendments #17 through #26 per attachment 13B. Tax releases – Consideration of tax releases in the amount of $9,689.79 per attachment 13C. The supporting documentation is on file in the Deputy Clerk’s office. Tax refunds – Consideration of tax refunds, one of $296.47 and another of $160.64, per attachment 13D from the Tax Administrator. Please note that one of the two is not recommended for a refund. 2011 Tax Settlement Report – Consideration of accepting the 2011 Tax Settlement per attachment 13E. Monthly Tax Collection Report – For the board’s information, the monthly ad valorem tax collection report is attached as 13F. It does not require board action.

B.

C.

D.

E.

F.

COUNTY MANAGER’S COMMENTS/RECOMMENDATION:

Attachments ___7__ Agenda Item 13A-13F

Yes

___

No

MACON COUNTY BOARD OF COMMISSIONERS JULY 10, 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 that the next joint meeting with the towns of Franklin and Highlands was scheduled for July 26th in the Franklin Town Hall Boardroom, with a “meet and greet” beginning at 6:30 p.m. followed by the meeting starting at 7 p.m. Commissioner Beale announced a luncheon at the LBJ Job Corps Center on August 3rd. Chairman Corbin acknowledged “thank you” notes from retired county employee Revena Shuler and former Macon County School Superintendent Dan Brigman. Chairman Corbin also noted the passing of former county commissioner Jack Cabe, former county employee Elizabeth Pearson (Mr. Cabe’s sister), Ruby Cansler (the mother of DSS Director Jane Kimsey), Jean Sutton (wife of former county commissioner Jerry Sutton) and Al Slagle (a member of the county planning board). 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 HEARING – RURAL OPERATING ASSISTANCE PROGRAM (ROAP) APPLICATION: Chairman Corbin called the public hearing to order at 6:09 p.m. and recognized Macon County Transit Director Kim Angel. She explained that the hearing focused on three individual statefunded programs, the first being the Elderly & Disabled Transportation Assistance (EDTAP) program, with the county expected to receive $59,339 in funding; the Employment Transportation Assistance Program, with the county expected to receive $10,182 in funding, and the Rural General Public (RGP) Program, with the county expected to receive $63,853 in funding, bringing the total allocation to $133,374. She added that the funds are allocated by formula and that no match is required except for the RGP Program, which requires a 10 percent match that comes from passenger fares. No one signed up to speak at the hearing, and following questions to Mrs. Angel from the board members, Chairman Corbin closed the public hearing at 6:15 p.m. and returned to open session. Upon a motion by Commissioner Beale, seconded by Minutes 07/10/12 Page 1 of 7

Commissioner Haven, the board voted unanimously to approve the application for these funds and to have Chairman Corbin, the County Manager and the Finance Director sign the required certified statement (Attachment 1), which is attached and is hereby made a part of these minutes. PUBLIC COMMENT: State Senator Jim Davis, a former Macon County Commissioner, provided the board with a brief report on the legislative session that had just recently concluded. Sen. Davis shared that it was his intent to visit every county commission within his district, stating that his emphasis is on local government. The County Manager noted that Sen. Davis had “held true to his word” by contacting county officials for input before voting to find out the local effect of proposed legislation. Phillip Cochran of Watson Contracting, Inc. spoke to the board in regard to the Macon County Airport apron project. Mr. Watson questioned the decision by the county’s airport authority to award the bid based on a concrete option as opposed to asphalt, which he contended would have created 100 jobs locally as opposed to the bid going to an out-of-county contractor. Mr. Watson said a cost analysis showed that the concrete option would save $86,000 over a 30-year period, but said the local jobs created under the asphalt option would far outweigh those savings. Chairman Corbin noted that the airport authority is a separate entity from the county and can enter into contracts on its own authority. Commissioner Kuppers, the board’s liaison to the authority, said he felt like the authority tried its best to award the bid locally, with Commissioner Beale expressing his disappointment that it won’t be going to a local firm. Following further discussion, the public comment period closed at 6:44 p.m. ADJUSTMENTS TO AND APPROVAL OF THE AGENDA: Upon a motion by Commissioner Kuppers, seconded by Commissioner Beale, the board voted unanimously to approve the agenda as adjusted, as follows:    To add two budget amendments, #10 and #11, under the Consent Agenda in Item 11B, per the County Manager and Finance Director. To add a report on the county planning board by Commissioner Tate as Item 8B under Reports/Presentations. To add two resolutions as part of existing Item 9A under Old Business, per the County Attorney.

PRESENTATION ON COMPENSATION AND CLASSIFICATION STUDY: The County Manager recognized John Anzivino and Stephanie Davis of Springsted, Inc., who presented a PowerPoint presentation on the results Minutes 07/10/12 Page 2 of 7

of a compensation and classification study performed by the firm. Mr. Anzivino started by noting that the county was fortunate to have “really good people” who are “focused on getting the job done.” He and Ms. Davis then went over the objectives of the study, the terminology used, the methodology employed by Springsted and the findings, explaining that the current minimum, midpoint and maximum salary levels are significantly below the market. They continued by discussing pay philosophy, the “benchmark” communities used for the survey, and the results and comparisons from that survey. The survey led to a proposed new pay scale that would be accompanied by a job evaluation system that could be used to keep the scale up to date. Three options were presented for the county’s consideration, one that moves employees to the minimum of the salary range if they are under it, another that includes that option and provides a minimum 2 percent increase for all other employees, and a third one that adjusts all employees to the minimum and also adjusts based on years of service. A proposed implementation schedule was outlined, one that would cost approximately $1.4 million stretched over three fiscal years if the “years of service” option was chosen. In closing, on-going administration of the pay plan was addressed, and the fringe benefits provided by the county were found to be primarily consistent or occasionally better than those in the survey group. Following comments and questions from the board, Mr. Anzivino agreed to come back for a work session, to be held in the near future, to discuss the study in more detail. No action was taken. PLANNING BOARD UPDATE: Commissioner Tate shared with the board that he was extremely pleased with how well the planning board was working together, adding that the planners would be ready to consider their next task at their August meeting, and had requested that, if possible, the County Attorney be present at that meeting. No action was taken. VOLUNTARY AGRICULTURAL DISTRICT ORDINANCE AMENDMENT: At the discretion of the Chairman and without objection from the board, Chairman Corbin moved to Item 10C on the agenda and recognized Mike Breedlove, the supervisor of the county’s soil conservation district, who went over the proposed changes to the voluntary farmland preservation ordinance. Mr. Breedlove pointed out that in addition to the name change – from farmland preservation to voluntary agricultural district – the other significant items were to create four regions within the county and to reduce the qualifying amount of farmland to one acre that has been farmed for a minimum of three years. The County Attorney said that he had taken the state model and tweaked it to fit Macon County, and that he could highlight the changes for the board in anticipation of Minutes 07/10/12 Page 3 of 7

further discussion at the August meeting. He also noted that a public hearing on those changes might be required. Prior to calling a recess, Chairman Corbin noted that he and others had met with representatives of Duke Energy and that the discussion had focused on three issues – the property owned by Duke off Dowdle Mountain Road as a possible site for economic development, the idea of an amphitheater near the Little Tennessee River and public swimming access on Nantahala Lake. He then called a recess at 7:50 p.m. Chairman Corbin called the meeting back to order at 8:03 p.m. DISCUSSION REGARDING POOL RENOVATIONS: Commissioner Kuppers explained the need to have two sets of specifications, one for improvements to the swimming pool and the other for renovations to the pool house. He told the board that $12,500 should be sufficient to obtain plans and specifications for the pool, with plans and specifications for the pool house to cost approximately $6,000. Commissioner Kuppers said a proposed timeline called for having the specifications completed in July, bidding the projects in early August and opening or awarding bids at the board’s September meeting. The County Manager explained that he had asked the County Attorney to prepare resolutions for the board’s consideration that would exempt the projects from provisions of the state’s General Statutes where the estimated professional fees were less than $30,000. Upon a motion by Commissioner Kuppers, seconded by Commissioner Haven, the board voted unanimously to approve a Resolution Exempting Architectural Design Project from the Provisions of North Carolina General Statutes Section 143-64.31 (Attachment 2), a copy of which is attached and is hereby made a part of these minutes. Upon a motion by Commissioner Kuppers, seconded by Commissioner Haven, the board voted unanimously to approve a Resolution Exempting Engineering Design Project from the Provisions of North Carolina General Statutes Section 143-64.31 (Attachment 3), a copy of which is attached and is hereby made a part of these minutes. Upon a motion by Commissioner Kuppers, seconded by Commissioner Haven, the board voted unanimously to reappropriate $18,500 from the contingency fund in the current year budget to cover the expenses for the architectural design ($6,000) and the engineering design ($12,500) associated with the pool house and pool, respectively. CHANGE ORDER #12 ON THE LITTLE TENNESSEE RIVER/CARTOOGECHAYE CREEK TRUNK SEWER PROJECT: The County Manager explained that the project is complete and in use with the exception of the reuse system, and pointed out that the largest single Minutes 07/10/12 Page 4 of 7

item in the change order was a modification to change a portion of force main sewer to gravity sewer along Roller Mill Road. The total amount of the change order is $25,519.23 and will be paid for by grant funding. Upon a motion by Commissioner Haven, seconded by Commissioner Kuppers, the board voted unanimously to approve the change order as presented (Attachment 4), a copy of which is attached and is hereby made a part of these minutes. RESOLUTION REGARDING ADDITION OF “457 PLAN” BENEFIT PROVIDER: Human Resources Director Mike Decker requested that the board adopt a resolution authorizing Prudential to offer county employees what is known as a “457” or deferred compensation plan. He explained that Prudential currently administers the county’s 401(k) plan and, while the county has existing 457 plan providers, this would give employees another option. He also requested that the board authorize the County Manager to sign the necessary documents to initiate the process of getting the plan in place. Upon a motion by Commissioner Tate, seconded by Commissioner Haven, the board voted unanimously to adopt the resolution as presented (Attachment 5), a copy of which is attached and hereby made a part of these minutes. REQUEST FOR FUNDS FROM ECONOMIC DEVELOPMENT COMMISSION RESERVE: The County Manager explained that he was requesting approval of a budget amendment allowing up to $50,000 to be transferred from the Economic Development Commission (EDC) reserve fund in order to renovate a 7,300-square-foot portion of the county’s Business Development Center to cover HVAC, construction and clean-up costs. He said the facility needs work and should be cleaned up as there is a potential new client interested in securing the space. Upon a motion by Commissioner Beale, seconded by Commissioner Kuppers, the board voted unanimously to approve the budget amendment request as presented, with Commissioner Tate questioning the need to have a provision that the current tenant be required to leave the space in good shape. The County Attorney said he would review the standard lease agreement for space at the center and address or clarify this point. DESIGNATION OF VOTING DELEGATE TO THE NCACC ANNUAL CONFERENCE: Upon a motion by Commissioner Beale, seconded by Commissioner Haven, the board voted unanimously to designate Chairman Corbin as the board’s voting delegate for the upcoming North Carolina Association of County Commissioners (NCACC) annual conference to be held in Raleigh August 16th-19th.

Minutes 07/10/12 Page 5 of 7

CONSENT AGENDA: Upon a motion by Commissioner Tate, seconded by Commissioner Kuppers, the following items on the consent agenda were unanimously approved: Minutes – Approved the minutes from the June 12th meeting. Budget amendments – Approved the following budget amendments: #1 for the Little Tennessee River/Cartoogechaye Creek Trunk Sewer Project to move $25,520 from contingency for Change Order #12 to pay Gary’s Grading and Pipeline Co.; #2 for the Health Department to allocate $975 in additional funds received from the state for Diabetes Capacity Building; #3 for the Health Department to allocate $500 in funds awarded from MAHEC for upkeep and improvements to the walkway near the Human Services Building and the Sheriff’s Department; #4 for Social Services to appropriate $66,196 in fund balance transfers covering Project Fans, general foster care and special adoption funds; #5 for Transit to adjust a number of grant revenues to actual amounts, and to appropriate funds for bus stop shelters and a vehicle not purchased in Fiscal Year 2011-12; #6 for Detention to move $2,100 in funding for property/building improvements to the 2012-2013 budget year; #7 for Housing to move $3,251 in weatherization funds into the line items where the money will be spent; #8 for Housing to move $57,592 in weatherization funds into the line items where the money will be spent; #9 for Housing to move $26,861 in weatherization funds into the line items where the money will be spent; #10 for Economic Development to approve a budget amendment transferring $50,000 from the Economic Development Reserve Fund to the General Fund for renovations at the Business Development Center; #11 to approve a budget amendment for a school capital project to take $5,660 from contingency to run fiber line to the pump house at the new Iotla Valley Elementary School. (Revisions with corresponding numbers attached.) Tax releases – Approved tax releases in the amount of $518.30. (A computer printout of releases is on file in the Tax Department and the County Manager’s office.) Tattoo Fee Review – Approved a tattoo fee review for Macon County Public Health per the attached outline. Monthly ad valorem tax collection report – No action necessary. APPOINTMENTS: Board of Adjustment – Upon a motion by Commissioner Beale, seconded by Commissioner Tate, the board voted unanimously to appoint Richard A. (Tony) Potts to the Board of Adjustment for a term of three years, filling the remaining slot on the board left vacant by Gary Drake declining reappointment. Term of appointment will expire on July 10, 2015. The County Manager also noted the need to advertise and fill the seat on the planning board left vacant by Al Slagle.

Minutes 07/10/12 Page 6 of 7

CLOSED SESSION: At 8:35 p.m., and upon a motion by Commissioner Kuppers, seconded by Commissioner Tate, the board voted unanimously to go into closed session for the purpose of consulting with the attorney under G.S. 143-318-11(a)(3) and to discuss matters relating to the location or expansion of industries or other businesses under G.S. 143318-11(a)(4). At 9:25 p.m., and upon a motion by Commissioner Kuppers, seconded by Commissioner Tate, the board voted unanimously to come out of closed session. No action was taken. ADJOURN: Upon a motion by Commissioner Kuppers, seconded by Commissioner Tate, the board voted unanimously to adjourn at 9:26 p.m.

_____________________________ Jack Horton, County Manager Clerk to the Board

______________________________ Kevin Corbin Board Chairman

Minutes 07/10/12 Page 7 of 7

MACON COUNTY BOARD OF COMMISSIONERS CALLED MEETING JULY 26, 2012 MINUTES Franklin Mayor Joe Collins 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 7:38 p.m. at the Franklin Town Hall Boardroom in Franklin. All board members, the County Manager, Deputy Clerk, and Finance Director were present. All of the Franklin aldermen – with the exception of Alderman Bob Scott – Mayor Joe Collins and Town Manager Sam Greenwood were present. All of the Highlands commissioners – with the exception of John Dotson and Brian Stiehler – Mayor David Wilkes and Town Manager Bob Frye were present. Also present were members of the news media. Mayor Collins introduced Franklin Fire Chief Warren Cabe, who addressed a number of fire protection issues in the county, focusing on the shift from volunteer to paid departments as well as the possible consolidation or merger of some of the volunteer fire departments in the years to come. Insurance rating and training issues were also discussed. Commissioner Tate raised the issue of the possible need for a county fire administrator. Commissioner Beale informed the group that the formal dedication of the Nat Henry Bridge was set for October. The next joint meeting will be held in Highlands in the fall. With no other items, Mayor Collins adjourned the meeting at 8:28 p.m.

_____________________________ Jack Horton, County Manager Clerk to the Board

______________________________ Kevin Corbin Board Chairman

Minutes 07/26/12 Page 1 of 1

Refund requested by owner.    Putman, Richard S    $296.47  Owner brought in survey this year that corrects acreage  Acct. 88965          from previous years, by NCGS 105‐287 this is not                                                                            retroactive. Not recommended for refund.     West, Jack & Carolyn  Acct. 16945    Richard Lightner, Macon County Tax Adm.     $160.64  Mobile home double listed clerical error refund justified 

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: August 14, 2012 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Appointment to the Planning Board DEPARTMENT HEAD COMMENTS/RECOMMENDATION: There is a vacancy on the board due to the death of Al Slagle. Since the last appointments were made to this board, the county has received applications from the following residents expressing interest in serving: Rick Snyder, Bill Futral, Carroll Poindexter, Loretta Newton and David Culpepper. We also have applications on file from the following: Michael Grubermann, William Shilling, Sue Waldroop and Harry Yoder. COUNTY MANAGER’S COMMENTS/RECOMMENDATION:

Attachments _____ Agenda Item 14A

Yes

__X_

No

MACON COUNTY BOARD OF COMMISSIONERS AGENDA ITEM
MEETING DATE: August 14, 2012 DEPARTMENT/AGENCY: Governing Board SUBJECT MATTER: Closed Session DEPARTMENT HEAD COMMENTS/RECOMMENDATION: Per the request of the County Manager, a closed session to be held per G.S. 143-318.11(a) (4) to discuss matters relating to the location or expansion of industries or other businesses and per G.S. 143-318.11(a) (3) for the purpose of consulting with the attorney. COUNTY MANAGER’S COMMENTS/RECOMMENDATION:

Attachments _____

Yes

_X_

No

Agenda Item 15A and15B