macon county commissioners 12-20-2012 agenda packet

7/30/2019 Macon County Commissioners 12-20-2012 Agenda Packet

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MACON COUNTY BOARD OF COMMISSIONERSNOVEMBER 20, 2012 6:30 P.M.

CONTINUED SESSION

AGENDA

1. Call to order Chairman Corbin2. Adjustments to and approval of the agenda3. Presentation of draft agreement for Fontana Regional Library

Karen Wallace

4. Agreement with Dnet regarding installation of camera andadditional bandwidth

5. Realignment of Macon County Schools Capital Outlay Program6. Update on Highlands School QZAB Application7. 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 ClarksChapel Road

9. Nantahala School window replacement project and correspondingbudget amendment

10. Macon Tracs agreement with the Macon County Board ofEducation

11. Supplemental lease agreement with USDA12. Resolution and lease with Forex Currency Trade Advisors, LLC13. Resolution and lease with Debra Green doing business as The

Appointed Home


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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

15. Appointments(A)Mike Hall as Review Officer(B)Planning Board (one seat)(C)Highlands Tourism Development Commission (three seats)

16. Closed session (per the County Attorney)17. Adjourn


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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 MANAGERS COMMENTS/RECOMMENDATION:

Commissioner Kuppers and I have discussed the revised agreement with Ms.

Wallace and recommend approval by the Board of Commissioners.

Attachments __X__ Yes ___ No

Agenda Item 3


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Revised 11-6-12

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Regional Ag reement

This REGIONAL AGREEMENT (the Ag reement ) is ente red into by and among

the fo llowing North Ca rolina counties: JACKSON C OUNTY, MACO N CO UNTY,

and SWAIN COUNTY and the Fonta na Reg iona l Library, Inc . ( Fonta na Reg iona l

Library);

WHEREAS, the m ission of the Fontana Reg iona l Library is to provide the pub lic o f

Jackson, Macon, and Swa in counties with exce llent service a nd convenient

ac cess to resources for their ed ucational, informa tional and rec rea tiona l needs;

and

WHEREAS, the Boa rds of C ounty Co mmissioners of Jackson, Macon, and Swain

Counties rec og nize tha t collaboration provides the most effec tive and efficient

mea ns to p rov ide p ub lic lib ra ry service to the residents of sa id c ounties by

unifying the administration of the participating libraries, providing professionallibrary specialists, cooperating in the selection of books and other materials, and

c rossing c ounty lines for the b ene fit of a ll; and

WHEREAS, this c ollaborat ion p rovides op portunities for service and resource

a lloc ations othe rwise beyond the financ ia l and service c apac ities of the

ind ividua l county go vernments and libraries;

NOW, THEREFORE, pursuant to resolutions duly adop ted by their governing

boa rds, the Boa rds of the County Commissioners of Jac kson, Ma con, and Swa in

Counties hereby renew the ir c om mitme nt for the orga nization of and

participation in the Fontana Regional Library upon the terms set forth herein,

effec tive the da te last signed by a pa rty as set forth be low , hereb y amending,

restating a nd rep lac ing the existing Reg iona l Agreem ent b y and among the

parties with respec t to the Fontana Reg iona l Library.

I. Governments InvolvedThe participa ting loc a l government units of the Fonta na Reg ional Library a re

as follows:

A. Jac kson CountyB. Mac on CountyC. Swain County.

II. Purpose Statem entThis Ag reement is to p rom ote and perpetua te exc ellent library services to

the residents of the area s inc luded within the jurisd ict ions of the

a forementioned go verning bodies through their collabo ra tive and

collec tive e fforts under the leg a l authority o f N.C.G.S. 153A-270 and


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N.C.G.S. 160A- 20-1. To this end, the Fonta na Reg iona l Library sha ll opera te

the c ounty libraries and branc hes of the pa rtic ipa ting loc al government

units.

III. Structure o f the Fontana Reg iona l Library Boa rd o f TrusteesThe Fontana Reg iona l Library Boa rd of Trustees sha ll be the governing bod yof the Fontana Reg iona l Library.

A. Membership1. There sha ll be n ine mem bers of the Fontana Reg iona l Library Boa rd of

Trustees.

2. Eac h county sha ll have equal rep resenta tion on the Fonta na Reg iona lLibrary Boa rd of Trustees com posed of three mem bers from ea ch

county, which p rop ortion ea ch county finds eq uitab le.

3. Memb ers sha ll serve no mo re than two c onsec utive terms and nosingle te rm sha ll be longer tha n six years.

4.Mem bers shall be ap po inted in stag ge red terms to promo teconsistenc y as we ll as to accom modate chang e.

5. The Mem bers from ea ch c ounty shall be a pp ointed from thememb ership of each respec tive loca l county lib rary advisory boa rd b y

the local library ad visory bo ard o f ea ch respe c tive c ounty, ac c ording

to bylaws and p olic ies approved b y the respec tive loc a l library

ad visory boa rd for that county.

6. Vacanc ies on the Fontana Reg iona l Library Boa rd of Trustees sha ll befilled with ap pointments by the approp riate loc a l lib rary ad visory

board for the rema ining term of the memb er c rea ting the va canc y.

B. Powers and Duties1. Governance

The Fonta na Regiona l Library Board of Trustees is hereby delegated

the p ower to ado pt bylaws and rules for its own go vernanc e a s ma y

be nec essary and in conformity with the law.

2. PoliciesThe Fonta na Regiona l Library Board of Trustees is hereby delegated

the p ower to ad op t polic ies for the a dm inistration and o peration of

the Fontana Reg iona l Library.

3. DirectorThe Fonta na Regiona l Library Board of Trustees is hereby delegated

the p ower to select , appo int, rem ove, determine salary and otherterms of em ployment o f a Reg iona l Direc tor and to delega te to the

Regional Director executive powers.

a) These a c tions sha ll req uire a majority vote of the Fontana Reg iona lLibrary Board of Trustees a t which a quorum is p resent.

b) The Fonta na Regiona l Library Direc to r sha ll:(1)Have a va lid North C arolina Public Lib ra rian Certifica te.


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(2)Be the chief exec utive and administra tive officer of the Fonta naRegiona l Library.

(3)Function in ac cordance with the ap proved polic ies of theFonta na Reg ional Lib ra ry a nd administer the Fonta na Reg ional

Library consistent with the polic ies adop ted by the Boa rd of

Trustees.4. Budget

The Fonta na Regiona l Library Board of Trustees is hereby delegated

the power to and shall ad op t an a nnual bud ge t which shall:

a) Be administered under the same p rovisions as units of loca lgovernment (N.C.G.S. 159), with a ll sta te funds administered by

the Fonta na Reg ional Libra ry and expended throug hout the region

as desc ribed in 07 NCAC 02l.0202.

b) Be a com po site o f the sep arate bud ge ts of ea ch c ounty library,with an ag reed upon am ount paid by eac h county for the

materials, sa laries and op erat ing expenses tha t a re sha red withinthe reg ion which sha ll be sent to the Financ e O fficer in monthly

installments.

c ) Inc lude a spe c ified am ount o f funding for each librarys op era tingcosts with g ifts, spec ia l memo ria ls, endow me nt a nd trust incom e,

and ap propriations for cap ital outlay e armarked for the d esigna ted

purpose.

5. Finance OfficerThe Fonta na Regiona l Library Board of Trustees is hereby delegated

the p ow er to appoint a reg ional Finance Officer as defined in N.C.G.S.

159-24. The Financ e Off icer sha ll:

a) Be responsib le fo r keep ing the accounts of the Fonta na Reg iona lLibrary in ac cordanc e w ith generally ac cep ted principa ls of

governmenta l ac counting and for disbursing a ll funds in stric t

com p liance w ith N.C.G.S 159, the Loc a l Government Budge t and

Fiscal Control Act, and 07 NCAC 02l.0202.

b) Ensure expend iture o f funds consistent w ith the bud get a dop ted ,by the Fonta na Regiona l Library Board o f Trustees.

c ) Rep ort direc tly to the Reg ional Direc tor and the Fonta na Reg iona lLibrary Board of Trustees.

6. ComplianceThe Fonta na Regiona l Library Board of Trustees is hereby delegatedthe power to assure c om p liance w ith all app licab le state and federal

law a nd elig ib ility req uirem ents for the receipt o f sta te a nd fed eral

funds.

7. FacilitiesThe Fonta na Regiona l Library Board of Trustees is hereby delegated

the po wer to ma ke rec om menda tions to the c ounties c onc erning the

construc tion and imp roveme nt o f the p hysica l fac ilities of the libra ries


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within the Fonta na Reg iona l Lib ra ry region; howe ver, construc tion a nd

fac ility maintena nc e sha ll be the responsib ility of the loc a l counties

unless the Fonta na Regiona l Library Board o f Trustees negot iates and

ap proves a collab ora tive e ffort.

8. ReportsThe Fonta na Regiona l Library Board of Trustees is hereby delegatedthe pow er to rep ort to the p articipa ting loca l governme nta l units. The

Fonta na Regiona l Library Board o f Trustees sha ll make regular reports,

or delegate to the Reg ional Direc tor the authority to make the rep orts,

related to services and op erations to e ac h c ounty.

9. Audita) The Fonta na Reg iona l Library Board o f Trustees sha ll obta in an

annual indep end ent a ud it of the Fonta na Reg ional Lib ra ry

accounts consistent with generally ac cep ted accounting

principles.

b)

The Fonta na Reg iona l Library Board of Trustees is herebyde lega ted the power to provide a copy of the Fontana Regional

Librarys annua l aud it to the Sta te Library of North Ca rolina .

IV. Financ ial StructureA. All mo nies from both sta te a nd loc a l gove rnme nta l units will be p a id into

the Fonta na Reg ional Lib ra ry as a pub lic authority which w ill comp ly with

the provisions of the N.C.G.S 159, the Loc a l Government Budget a nd

Fisca l Control Ac t.

B. Each county will p rovide fa c ilities nec essary for the Fontana Reg iona lLibrary to c arry out its mission. Provision o f these fac ilities will inc ludeutilities, build ing a nd ground s ma intena nce, improveme nts or rent for

those facilities.

C. Each county w ill pay the Fonta na Reg iona l Library the amo unt of moneynecessary for the Fonta na Reg iona l Library to c arry out its mission. These

funds will a llow the Fontana Reg iona l Library to pay for library ma terials

and for op erat ing expenses for libraries within tha t c ounty. Fund s from

ea ch county w ill a lso b e used to c ontribute to joint operations.

D. All sta te funds will be used for sa laries and benefits of em ployees servingthe whole Fontana Reg iona l Library reg ion, for library ma terials; for

telec om munications or telep hone services and a ny other reg ion-wideservice.

E. The Financ e Office r will account for all expenditures by source o f funds.V. Terms of Property Ownership

A ma jor benefit of reg iona l c ooperation is tha t scarce resources ma y be

shared amo ng the va rious c ounty residents without wa steful dup lica tion;

howe ver, certa in ownership restric tions sha ll ap p ly:


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A. All rea l prop erty, build ings, grounds and other fac ilities of each libraryshall be ac quired and owned by their respe c tive county, and occupied

by ea c h library in ac cordance w ith a fac ility lease b etween Fontana

Reg ional Library and ea ch co unty.

B. All other property, inc lud ing lib ra ry materials, tec hno logy, furnishings,fixtures and eq uipm ent , vehicles, or othe r resourc es, purcha sed withsta te, reg iona l, or c ounty funds sha ll be owned by Fonta na Reg ional

Library excep ting wha t is provided fo r in Sec tion V.C.

C. The Hud son Library fac ility and a ll lib rary mate rials, furnishings, and fixturesacquired by Hudson Library, Inc . sha ll be ow ned by Hudson Library, Inc , a

private non-profit corporation.

D. All library materials, furnishings, and fixtures acquired by FontanaReg iona l Lib ra ry and loc a ted a t Hudson Libra ry, Inc . sha ll be ow ned by

Fontana Reg iona l Library.

E. As inc luded und er N.C.G.S. 160A- 20-1, Joint Exercise o f Power, propertypurc hased by the Fontana Reg iona l Library is ow ned jointly as tenants incom mon by the partic ipa ting c ounties.

F. See a lso Sec tion VII hereo f reg ard ing the d istribution o f prop erty in theevent o f withdrawa l of a p a rtic ipa ting local governmenta l unit and

Sec tion IX hereo f reg ard ing the d issolution of the Fontana Reg iona l

Library.

VI. Insuranc e Coverage and Indem nifica tionA. Insuranc e Cove rag e

1. Each county sha ll ma inta in insuranc e c ove rage for the rea l p rop erty,build ings, grounds and othe r fac ilities for each o f the ir ind ividua l

libraries, inc lud ing general liab ility insuranc e, excep t as indicated inSec tion VI. A. 3. be low.

2. The Fonta na Reg iona l Library sha ll maintain insuranc e c overage fo r a llother prop erty, inc luding library ma terials, tec hno logy, furnishings,

fixtures and equipment, vehicles, or other resources, except as

ind icated in Sec tion VI. A. 3. be low .

3. Hudson Library, Inc . has stipula ted liab ility and prop erty insuranc ecoverage a s set forth in the governing Lea se Agreement b etween

Hudson Library, Inc . and Ma con County. Sa id Lea se Agreeme nt a nd

any Amendme nts thereto o r subseq uent Lea se Ag reements betw een

Hudson Library, Inc . and Ma con County sha ll continue to req uire sa idliability and prop erty insurance c ove rage and is herein incorpora ted

by referenc e.

B. IndemnificationThe Fonta na Reg iona l Library Bylaws c onta in indem nifica tion

provisions reg ard ing boa rd mem bers, office rs, em ployee s and

volunteers, which provisions ma y be amended from time to time.


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VII. Provisions for Am endmentA. This Agreement ma y be a mended provid ing tha t all pa rties ac cep t and

ag ree to those amendm ents.

B. Rec om menda tions for am endments shall be forwa rde d to ea ch of thecounties in writing with a thirty-day period for consideration g iven. At the

next reg ular me eting o f the c ounty b oa rds a fter this thirty-day pe riod , theam endments shall be vo ted on b y those b oa rds.

C. Disagreements related to this Ag reement sha ll be resolved first by acom mittee o f rep resenta tives from eac h county and the Fonta na

Regiona l Library Board of Trustees, and the n by the ir lega l counsels if

necessary.

VIII.Provisions for Withdrawa lA. A p artic ipa ting loc a l governmental unit p rop osing to w ithdraw from the

Fontana Reg iona l Library sha ll g ive written notice on or befo re July 1 to

the Fonta na Reg iona l Library Boa rd of Trustees, the other c ountiesBoards of Commissioners and the Sta te Library of North Ca rolina . The

withdrawa l sha ll be e ffec tive the fo llow ing June 30.

B. Should tha t pa rticipa ting loc a l gove rnmenta l unit dec ide within this timepe riod to resc ind the p rop osa l, that p artic ipating local governmenta l unit

sha ll rem ain a part of the Fonta na Reg iona l Library unde r the same

cond itions and requirem ents as the agreem ent under which they

bec ame a memb er.

C. Should that p articipa ting loca l gove rnme nta l unit fully withdraw, assetslocated in the loc a l lib ra ry fac ility will rem ain the assets of

the withdrawing libra ry. Notwithstand ing the aforementioned , in the

event there a re a ssets loc a ted in the loca l lib rary fac ility tha t werepurc hased by Fonta na Reg iona l Library with Fontana Reg iona l Library

funds and intend ed for Fonta na Reg ional Lib ra ry reg ional support

services, those assets will rem a in the assets of Fonta na Reg iona l Library.

IX. Provisions for DissolutionA. The Fontana Reg iona l Library may be d issolved if two o f the three

pa rtic ipa ting local gove rnmenta l unit parties withdraw in ac cordanc e

with the p roc ed ures state d ab ove.

B. As inc luded und er N.C.G.S. 160A- 20-1, Joint Exercise o f Power, propertypurc hased by the Fontana Reg iona l Library is ow ned jointly as tenants incom mon by the pa rtic ipa ting counties; therefore, if the Fontana

Reg iona l Library is d issolved , the counties of Jackson, Macon, and Swa in

sha ll d ivide the joint a ssets eq ua lly among themselves.

C. The d istribution of prop erties and resources jointly owned sha ll beac com plished b y a co mm ittee c om po sed of rep resenta tives from each

county, the c urrent Fonta na Reg iona l Direc tor, and a rep resenta tive

from the Sta te Library of North Ca rolina .


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D. After a ll outstand ing deb ts a re resolved , any remaining funds from thememb er counties sha ll be returned to the m a nd the d istribution of any

rem aining Sta te o r Fed eral funds sha ll be d etermined by the Sta te

Library. Any land a nd b uild ing p rop erty ow ned by the Fonta na Reg ional

Library sha ll be sold and the proc eeds d istributed to the counties, or the

prop erty ma y be d istributed to the counties on an equitab le basis asag reed upon by the c om mittee of representa tives. Other prop erty such

as the bookmobile, outrea ch van, com puters and o ther tec hnology,

books, and any other assets sha ll be sold a t auc tion a nd the p roc eeds

d ivided amo ng the counties, or prop erty ma y be d istributed in som e

other equitab le m anner as ag reed upon b y the comm ittee of

representatives.

X. Term, Provisions for Period ic Rev iew a nd Autom atic RenewalA. This Agreement may be reviewed at any time b y any c ounty or the

Fonta na Reg iona l Lib ra ry Boa rd , and if mod ifica tions are d eeme drea sonable and nec essary, amendm ents ma y be ma de ac cord ing to

the proc ed ures sta ted in Sec tion VII.

B. This Ag reement sha ll have a n initia l te rm o f ten years from the date o f thisAgreeme nt and therea fter sha ll autom atica lly renew fo r successive

period s of ten years ea ch, unless otherwise terminated as set forth herein.

This Agreement sha ll be reviewed ten yea rs from the date of this

Agreeme nt, and every ten yea rs therea fter, by the Fonta na Reg iona l

Library Board o f Trustees and the Boards of the Co unty Commissioners of

Jackson, Macon, and Swa in Counties. If mod ifica tions are deeme d

rea sonable and nec essary, amendm ents ma y be ma de ac cording to

the p roc ed ures sta ted in Sec tion VII. If modifica tions a re not deeme d tobe reasona b le a nd nec essary, this Agreement sha ll automa tica lly renew

and remain in full force a nd e ffec t.

XI. Provisions for Termination o f this Ag reem entA. This Agreement ma y be terminated if rea sona ble c ause is presented in

writing b y any mem ber of the Fonta na Reg iona l Library to the o ther

mem bers of the Fontana Reg iona l Library, the Fonta na Reg iona l Library

Boa rd of Trustees and the Sta te Library of North Ca rolina.

B. The e ffec tive d a tes for terminat ion sha ll be the same as a withdrawa lfrom the Fontana Reg iona l Library as desc ribed in Sec tion VIII.

C. If this Agreeme nt te rminates, and no successor agreeme nt is to beexec uted, the Fontana Reg iona l Library sha ll be d issolved and joint assets

d istributed as desc ribed in Sec tion IX.

XII. MiscellaneousA. This Agreement constitutes the entire a greem ent b etw een the p arties

relating to the sub jec t m atter and supersed es a ll prior or


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contemp oraneous oral or written a greem ents conc erning such sub jec t

matter.

B. If any provision o f this Agreement is held b y a court of law to be illeg a l,invalid or unenforcea ble (i) that p rovision shall be d eem ed am ended to

achieve as nea rly as possib le the same ec onomic effec t as the o rig ina l

provision, and (ii) the leg a lity, va lid ity and enfo rcea b ility of the rem ainingprovisions of this Agreeme nt sha ll not be a ffec ted or imp aired thereby.

C. This Agreement shall be e ffective upon a ccep tanc e b y all the p artieshereto a s ind ica ted by the da te o f the last pa rty to sign this Agreeme nt

as set forth below .

D. This Agreement ma y be exec uted in severa l c ounte rparts, ea ch of whichshall be deem ed to b e a n original and which toge ther shall c onstitute

one and the sam e agreement.


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IN WITNESS WHEREOF, this Agreeme nt has be en executed by the p rincipa l

offic ial of the go verning bo ard o f eac h party hereto , pursuant to a uthority of

each respec tive b oa rd.

Attest:

JACKSON COUNTY

by

Clerk to the Board Boa rd of Com missioners, Chair

Date: ________________________

MACON COUNTY

by


Date: ________________________

SWAIN COUNTY

by


Date: ________________________

FONTANA REGIONAL LIBRARY, INC.

bySec retary to the Boa rd Boa rd of Trustees, Cha ir

Date: ________________________


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EXHIBITS

A. Lea se Agreement between County of Jac kson a nd Fontana Reg iona lLibrary for the Jac kson County Pub lic Library and Historic Jackson County

Courthouse, Sylva , North Ca rolina .

B. Lea se Agreement between County of Jac kson a nd Fontana Reg iona lLibrary for the Albert Carlton-Ca shiers Community Library, Ca shiers, North

Carolina.

C. Lea se Ag reement betw een Macon Co unty and The Hudson Library ofHighland s North C arolina , Inc orporated .

Future lease a greeme nts:

Ma con 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:


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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 thegovernment 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 deemnecessary.

3. To appoint a properly qualified Regional Director of library services andauthorize 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.


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6. To make recommendations to the Boards of Commissioners of the countiesconcerning 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, tosubmit 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.


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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 Directors

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.


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5

Signed and sealed this__________day of________________in the year of our Lord

Nineteen Hundred and________________.

Jackson County Macon County

__________________________________ _______________________________

(Chairman) (Chairman)

Swain County

___________________________________

(Chairman)


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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

(M.Y. Breedlove) signed

by__________________________, the foregoing resolution was unanimously adopted by

(Ed Fisher) signed

The Board of County Commissioners of Jackson County at its regular meeting

on August 2, 1954.

I, _____________________________________, Clerk of the Board of County(Tom Clayton) signed

Commissioners of______ Jackson 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 _________ Jackson _County and duly recorded upon the minutes ofsaid Board.

Witness my hand and official seal this the 2 day of August, 1954.

________________________________

Tom L. Clayton (signed)

(Clerk)


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7










(J.W. Roaul) signedby__________________________, the foregoing resolution was unanimously adopted by

(W.W. Edwards) signed

The Board of County Commissioners of Macon County at its regular meeting on

August 2, 1954.

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 Macon County and duly recorded upon the minutes of said

Board.


________________________________

Lake W. Shope (signed)

(Clerk)


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8










(Jones) signed

by__________________________, the foregoing resolution was unanimously adopted(Sutton) signed

by the Board of County Commissioners of Swain County at its regular meeting on

August 2, 1954.

I, _____________________________________, Clerk of the Board of County

(J. R. Gibson) signed

Commissioners of Swain 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 Swain County and duly recorded upon the minutes of

said Board.


________________________________

J.R. Gibson (signed)

(Clerk)


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AGENDA ITEM


DEPARTMENT/AGENCY: Dnet

SUBJECT MATTER: Installation of camera and additional bandwidth


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.


This has been reviewed by IT Director Andy Muncey and recommended for

approval.

Attachments ___X__ Yes ___ No

Agenda Item 4


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LETTER OF AGREEMENT

This agreement is between Dnet Internet Services and Macon CountyGovernment 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 . Pa r t i es

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 providingwritten notice to the other at least thirty (30) days prior to the end of the

period.

I I . Pr o j e c t A d m i n i st r a t i o n

A. Dnet Internet Services1. 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 Servicesby 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, aslong as the county is notified in advance.

3. Access to the Courthouse roof-top will be during normalbusiness hours and will be coordinated in advance so as

not to interfere with normal county activities.

I I I . Fi nanc ia l Ob l i ga t i ons


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A. In exchange for space for the camera on top of the courthouse, DnetInternet Services will provide 1 MB additional bandwidth to the County

at the EDC location at the Macon County Industrial Park.

I V . Per f o rm ance, Record in g , and Broadcas t Righ t s

A. The purpose of the web camera is to provide Internet viewers theability to view beautiful downtown Franklin.

B. Dnet Internet Services assumes no responsibility for the broadcastC. The camera is intended for live-stream video. Dnet Internet Services

assumes no responsibility or liability for recordings or lack thereof.

V. L im i t a t i on s , En for cemen t , and Jur i sd i c t i on

A. This Agreement, including all attachments, constitutes the entireagreement among the above named parties. No waiver, change, or

modification in this Agreement is valid or binding unless agreed toin writing and signed by all parties.

B. Each party warrants that it has the right to enter into thisAgreement and to grant all the rights it has granted through it.

C. Each party agrees to indemnify and hold harmless the other partyfrom all claims, damages, costs, liabilities, losses and expenses,

including counsel fees that it may suffer as a result of such partysbreach of warranty.

VI . Si gna t u r es:

Dnet Internet Services byJudy Chapman, Manager

_______________________________ Date:_____________________

Macon County byJack Horton, County Manager

_______________________________ Date:_____________________


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AGENDA ITEM


DEPARTMENT/AGENCY: Macon County Schools

SUBJECT MATTER: Realignment of Capital Outlay Program


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.


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 countys capital outlay appropriation

amount; it simply readjusts the priorities due to immediate school needs.


Agenda Item 5


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AGENDA ITEM


DEPARTMENT/AGENCY: Macon County Schools

SUBJECT MATTER: Update on Highlands QZAB Application


The County Manager and Finance Director will provide the board with

details regarding this matter that may require board action.


Attachments _____ Yes __X_ No

Agenda Item 6


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AGENDA ITEM


DEPARTMENT/AGENCY: Governing Board

SUBJECT MATTER: Exemption of architectural and engineering

services for Highlands School project from the provisions of NCGS 143-

64.31


The County Attorney will present a resolution regarding this matter at the

meeting.



Agenda Item 7


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AGENDA ITEM


DEPARTMENT/AGENCY: North Carolina Department of

Transportation

SUBJECT MATTER: Resolution regarding turning lane at Wells

Grove Road and Clarks Chapel Road


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.



Agenda Item 8


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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 MaconCounty Board of Education, the Macon County Sherriffs 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 right-

turn 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

_______________________ ________________________Attest:

H. Kevin Corbin, Chairman C. Jack Horton, Clerk to the Board

Macon County Board of Commissioners


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AGENDA ITEM



SUBJECT MATTER: Nantahala School Window Replacement project


Please see the attached information provided by Terry Bell for more details.The commission is being asked to appropriate an additional $8,000 tocomplete the project.



Agenda Item 9


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AGENDA ITEM



SUBJECT MATTER: Macon Tracs agreement with the Macon

County Board of Education


The County Attorney will provide additional information on this item at the

meeting.


Attachments ______ Yes ___ No

Agenda Item 10


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AGENDA ITEM


DEPARTMENT/AGENCY: United States Department of Agriculture

SUBJECT MATTER: Supplemental Lease Agreement


The County Attorney will provide additional details as well as a proposed

lease agreement at the meeting.



Agenda Item 11


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AGENDA ITEM



SUBJECT MATTER: Resolution and lease regarding Forex Currency

Trade Advisors, LLC


The County Attorney has prepared a resolution and lease agreement, copiesof which are attached, that once again declares property at the countysBusiness Development Center as surplus and provides approval of a one-year lease of that same space to Forex Currency Trade Advisors, LLC,effective August 1, 2012 to July 31, 2013, at a monthly rent of $333.33.



Agenda Item 12


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STATE OF NORTH CAROLINA

COUNTY OF MACON

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

OF THE SAME BY MACON COUNTY TO

FOREX CURRENCY TRADE ADVISORS, LLC

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

to Forex Currency Trade Advisors, LLC, a copy of which is attached hereto; and

WHEREAS, Macon County does not presently have a use for the same; and

WHEREAS, Macon County desires to declare the same to be surplus and authorize the entryof the Lease to Forex Currency Trade Advisors, LLC, a copy of which is attached hereto, for the

period of one year 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


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__________________________________________

Kevin Corbin, Chairman of the Macon County Board

County Commissioners

ATTEST:

_____________________________________

Clerk to the Board

( Official Seal )

2


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NORTH CAROLINA

MACON COUNTY

LEASE TO FOREX CURRENCY TRADE ADVISORS, LLC.

MACON COUNTY

This lease is made effective this 1 day of August, 2012, by and between MACONst

COUNTY, a body corporate and politic organized and existing under the laws of the State ofNorth 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 Box1944, Franklin, North Carolina, hereinafter called the "Tenant."

WITNESSETH:

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

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

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

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

31, 2013.

(3) Rent. The Macon County Business Development Center is owned by Macon County as asmall business incubator to promote economic development and the growth of jobs in Macon

County. The lease of the premises to Tenant is in furtherance of that policy. The monthly rent forthe aforementioned space is $333.33 per month included utilities.

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

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


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premises or any portion thereof.

(6)Tenant's Responsibilities for Repairs. Tenant agrees to accept the premises in their presentcondition and to maintain the interior components of the portion of the premises leased to Tenantin 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 itexclusively and in common with other tenants. If other space in the Center is leased to existingor additional tenants, the tenants shall establish a procedure by which all tenants using thecommon area shall share in the cost of such maintenance. At termination, Tenant shall surrenderthe premises to the Lessor in as good condition as they now are, except for ordinary wear andtear incident to the use of the premises.

(7)Lessor's Responsibilities for Repairs. Lessor shall make all necessary repairs to the exterior ofthe premises, including the parking and driveway areas, exterior walls, windows and roof. In theevent 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 partiesagree that Lessor shall have no obligation to make the repairs and Lessor may elect to eithermake 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 itexclusively and the portion of the premises leased to is as common area with other tenants. Ifother space is leased to existing or additional tenants, the tenants shall establish a procedure bywhich all tenants using the common area shall share in the cost of such maintenance. Lessorshall continue to maintain the exterior premises including the parking areas, driveways andlandscaping/mowing.

(9)Abatement of Nuisances and Appearance. Tenant shall comply with all laws, rules andregulations of any governmental jurisdiction applicable to the leased premises and shall take allmeasures necessary to prevent or abate nuisances or other grievances arising out of the mannerof the occupancy of the premises for its business purposes. Tenant shall further maintain theappearance of the premises in manner that is aesthetically pleasing and consistent with otherbusiness users in the neighborhood and shall not accumulate trash or debris nor displaymerchandise on the premises.

(10)Utilities. Lessor shall be responsible for furnishing Tenant electric, water, gas, and garbagedisposal in the space leased exclusively to Tenant.

(11)Alterations. Tenant shall not make any alterations, additions or improvements to thepremises 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 uponexpiration of the lease and surrender of the premises by the Tenant.

(12)Indemnification. Tenant shall indemnify Lessor and hold it harmless from and against anyand all claims, actions, damages, liability and expense in connection with the loss of life,


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personal injury or damage to property occurring in or about, or arising out of, the leasedpremises, or occasioned wholly or in part by any act or omission of Tenant, its agents, licensees,concessionaires, customers or employees. In the event Lessor shall be made a party to anylitigation, commenced by or against Tenant, its agents, licensees, concessionaires, customers oremployees, then Tenant shall protect and hold Lessor harmless and shall pay all costs, expenses

and reasonable attorneys' fees included or paid by Lessor in connection with such litigation.

(13)Environmental Matters. With respect to any pollutants, contaminants, chemicals, orindustrial, toxic or hazardous substance or material defined as such in, or for purposes of, allapplicable environmental laws, rules, regulations and ordinances now or hereafter in effect("Environmental Laws"), including without limitation, any waste constituents coming within thedefinition or list of hazardous substances in 40 C.F.R. 261.1 through 261.33 ("HazardousMaterial"), the Tenant represents, warrants and covenants that it will indemnify and hold Lessorharmless from and against any and all losses, liabilities, damages, injuries, interest, deficiencies,fines, penalties, costs, expenses, attorneys' fees, disbursements, and costs of investigation andclean-up, including without limitation, claims, suits, and proceedings by federal, state, or local

government authorities with respect to, or as a direct or indirect result of (i) the presence on orunder, or the escape, seepage, leakage, spillage, discharge, emission, discharging or releasingfrom, the property of any Hazardous Material, if such occurs during the term of the lease, (ii)any other environmental pollution, including without limitation, any contaminant, waste, irritantor pollutant, discharged into or otherwise contained in the environment at or adjacent to theproperty if such occurs during the term of the lease, (iii) non-compliance relating to the Tenant'sbusiness or the property with any Environmental Law or any other federal, state or local statute,law, ordinance, rule, regulation, order or decree, or (iv) the inaccuracy, misrepresentation orviolation or default of or under any matter set forth in this section unless any such loss, liability,damage, injury or the like is directly caused by negligent acts of the Lessor. In addition, theTenant shall at all times keep on file with the Macon County Fire Marshall a list of any of thematerials, substances, or chemicals described in this paragraph and stored or kept on the leasedpremises.

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


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In testimony whereof, the parties have signed this lease in their respective corporatenames by their appropriate corporate officers and affixed their corporate seals effective as of thedate 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


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AGENDA ITEM



SUBJECT MATTER: Resolution and lease regarding Debra

Green/The Appointed Home


The County Attorney has prepared a resolution and lease agreement, copiesof which are attached, that once again declares property at the countysBusiness Development Center as surplus and provides approval of a one-year lease of that same space Debra Green, doing business as TheAppointed Home, effective November 1, 2012 to October 31, 2013, at amonthly rent of $192.


Attachments ___X_ Yes ___ No

Agenda Item 13


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STATE OF NORTH CAROLINA

COUNTY OF MACON

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

OF THE SAME BY MACON COUNTY TO

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 entryof 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


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__________________________________________

Kevin Corbin, Chairman of the Macon County Board

County Commissioners

ATTEST:

_____________________________________

Clerk to the Board

( Official Seal )

2


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NORTH CAROLINA

MACON COUNTY

LEASE TO DEBRA GREEN, D/B/A, THE APPOINTED HOME, FROM

MACON COUNTY

This lease is made effective this 1 day of November, 2012, by and between MACONst

COUNTY, a body corporate and politic organized and existing under the laws of the State ofNorth Carolina, hereinafter called the "Lessor," and DEBRA GREEN, D/B/A, THEAPPOINTED HOME, with a mailing address at P.O Box 2541, Cashiers, North Carolina28717, hereinafter called the "Tenant."

WITNESSETH:

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

(1) Premises. Lessor leases unto the Tenant, and the Tenant accepts upon the full terms andconditions of this lease, that certain office space located in the Macon County BusinessDevelopment Center at the Macon County Industrial Park near Franklin, NC, as specificallyshown on the drawing of the floor plan of the Business Development Center which is attachedhereto 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 exclusiveuse. The spaces outlined in blue and designated on the drawing attached hereto as Exhibit A asWaiting Room, Men's and Women's Restrooms, and the halls may be used by Tenant forTenant's non-exclusive use in common with any other tenants in the Development Center andLessor, together with such portion of the premises as is reasonably necessary for access, parkingand use of the leased premises.

(2) Term. This lease shall commence November 1 , 2012 and shall continue for a term expiringst

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 MaconCounty. The lease of the premises to Tenant is in furtherance of that policy. The monthly rent forthe aforementioned space is $192.00 per month.

(4) Use of Premises. The leased premises shall only be used by Tenant for the conduct ofTenant's business of manufacturing and selling ready made pillows, hot cold therapy bags. Inaddition, it may be used to manufacture and sell curtains, tablecloths, dust skirts and provideonline design consultation and other home decor products and services.


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(5) No Assignment. This lease shall not be assigned by Tenant nor shall Tenant sublet the leasedpremises 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 Tenantin a good state of repair during the term of this lease. Interior components shall include thefloors, 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 itexclusively and in common with other tenants. If other space in the Center is leased to existingor additional tenants, the tenants shall establish a procedure by which all tenants using thecommon area shall share in the cost of such maintenance. At termination, Tenant shall surrenderthe premises to the Lessor in as good condition as they now are, except for ordinary wear andtear 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 theevent the premises or any part thereof are substantially damaged by fire or other casualty to theextent that necessary repairs will exceed twenty percent of the value of the building, the partiesagree that Lessor shall have no obligation to make the repairs and Lessor may elect to eithermake 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 itexclusively and the portion of the premises leased to is as common area with other tenants. Ifother space is leased to existing or additional tenants, the tenants shall establish a procedure bywhich all tenants using the common area shall share in the cost of such maintenance. Lessorshall continue to maintain the exterior premises including the parking areas, driveways andlandscaping/mowing.

(9)Abatement of Nuisances and Appearance. Tenant shall comply with all laws, rules andregulations of any governmental jurisdiction applicable to the leased premises and shall take allmeasures necessary to prevent or abate nuisances or other grievances arising out of the mannerof the occupancy of the premises for its business purposes. Tenant shall further maintain theappearance of the premises in manner that is aesthetically pleasing and consistent with otherbusiness users in the neighborhood and shall not accumulate trash or debris nor displaymerchandise 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 areaabove-referenced. If other space in the center is leased to existing or additional tenants, thetenants shall establish a procedure by which all tenants using the common area shall share in thecost 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 thepremises without first obtaining written permission from the Lessor and any such alterations,


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additions or improvements which are permitted shall inure to the benefit of the Lessor uponexpiration of the lease and surrender of the premises by the Tenant.

(12)Indemnification. Tenant shall indemnify Lessor and hold it harmless from and against anyand 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 leasedpremises, or occasioned wholly or in part by any act or omission of Tenant, its agents, licensees,concessionaires, customers or employees. In the event Lessor shall be made a party to anylitigation, commenced by or against Tenant, its agents, licensees, concessionaires, customers oremployees, then Tenant shall protect and hold Lessor harmless and shall pay all costs, expensesand reasonable attorneys' fees included or paid by Lessor in connection with such litigation.

(13)Environmental Matters. With respect to any pollutants, contaminants, chemicals, orindustrial, toxic or hazardous substance or material defined as such in, or for purposes of, allapplicable environmental laws, rules, regulations and ordinances now or hereafter in effect("Environmental Laws"), including without limitation, any waste constituents coming within the

definition or list of hazardous substances in 40 C.F.R. 261.1 through 261.33 ("HazardousMaterial"), the Tenant represents, warrants and covenants that it will indemnify and hold Lessorharmless from and against any and all losses, liabilities, damages, injuries, interest, deficiencies,fines, penalties, costs, expenses, attorneys' fees, disbursements, and costs of investigation andclean-up, including without limitation, claims, suits, and proceedings by federal, state, or localgovernment authorities with respect to, or as a direct or indirect result of (i) the presence on orunder, or the escape, seepage, leakage, spillage, discharge, emission, discharging or releasingfrom, the property of any Hazardous Material, if such occurs during the term of the lease, (ii)any other environmental pollution, including without limitation, any contaminant, waste, irritantor pollutant, discharged into or otherwise contained in the environment at or adjacent to theproperty if such occurs during the term of the lease, (iii) non-compliance relating to the Tenant'sbusiness or the property with any Environmental Law or any other federal, state or local statute,law, ordinance, rule, regulation, order or decree, or (iv) the inaccuracy, misrepresentation orviolation or default of or under any matter set forth in this section unless any such loss, liability,damage, injury or the like is directly caused by negligent acts of the Lessor. In addition, theTenant shall at all times keep on file with the Macon County Fire Marshall a list of any of thematerials, substances, or chemicals described in this paragraph and stored or kept on the leasedpremises.

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


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

COUNTY OF MACON

By: _______________________________Chairman, Board of Commissioners

Debra Green, d/b/a, The Appointed Home

By: _______________________________Debra Green


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AGENDA ITEM



SUBJECT MATTER: Consent Agenda


A. Minutes Consideration of the minutes from the October 9th and October 11th

meetings per attachment 14A.

B. Finance Consideration of budget amendments #58 through #63 and #70 perattachment 14B.

C. Tax releases Consideration of tax releases in the amount of $696.51 perattachment 14C. The supporting documentation is on file in the Deputy Clerksoffice.

D. Monthly Tax Collection Report For the boards information, the monthly advalorem tax collection report is attached as 14D. It does not require board action.



Agenda Item 14A-14D


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Minutes10/09/12Page 1 of 7

MACON COUNTY BOARD OF COMMISSIONERSOCTOBER 9, 2012

MINUTES

Chairman Corbin convened the meeting at 6:04 p.m. All Board

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

ANNOUNCEMENTS: The County Manager noted the passing of JeffMcCord, a county employee in the Solid Waste Department.Commissioner Beale pointed out that the dedication of the bridge inhonor of Nat Henry was scheduled for 2 p.m. on October 12th, and thata fund-raiser for county employee Dennis Tippett was set for October13th beginning at 5:30 p.m.

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

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

PUBLIC COMMENT: Dwain Picou, the swim coach for the FranklinArea Swim Team (FAST) thanked the board members for theirconsideration of the proposed improvements to the swimming pool andpoolhouse at the county recreation park. Chris Stahl, the countys solidwaste director and the newly elected president of FAST, shared with the

board regarding his familys participation in the team and noted that thecommissioners have had a longstanding commitment to the children ofthe 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. KimTerrell said she was ecstatic about the upgrade to the pool facilities,and had planned to show the board a slideshow regarding what she feltwere dangers at the pool.

ADJUSTMENTS TO AND APPROVAL OF THE AGENDA: Upon a motionby 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 theboards November regular meeting under New Business as Item10I, per Commissioner Beale.


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Adding a report from Matt Bateman regarding the FranklinVenture Local program under the beginning of reports andpresentations, per Chairman Corbin.

Consideration of new signage for the Macon County Airport underNew Business as Item 10J, per Commissioner Kuppers.

Consideration of the annual interlocal agreement for recreationwith the Town of Highlands under New Business as Item 10K, perthe County Manager.

VENTURE LOCAL FRANKLIN: Matt Bateman updated the board on theVenture Local Franklin effort, a grassroots movement to develop newbusiness ideas and to boost the local economy. No action was taken.

NC FAST SOFTWARE IMPLEMENTATION: Jane Kimsey, the director ofthe Department of Social Services (DSS) provided the board with abriefing on the implementation of the North Carolina Families Accessing

Services through Technology (FAST) program, a new enhancedautomation system that DSS will soon begin to put in place starting withthe Food and Nutrition program. She said it involves building a hugedatabase, and wait times will increase, which may prompt complaints tothe board. The implementation is being done with existing staff,although the energy program is being outsourced to CareNet. While herstaff is anxious about the change, she said she hopes it will result inbetter service to the community. Commissioner Beale noted that mostcounties have added anywhere from five to 25 additional employees tohelp implement FAST. No action was taken.

STATUS OF CELL II AND DEVELOPMENT OF CELL III AT THEMACON COUNTY LANDFILL: Solid Waste Director Chris Stahl updatedthe board on the current status of Cell II at the landfill, and projected theremaining life of the cell at 4.7 years, or January of 2017. He thenoutlined the development schedule for Cell III, explaining that thehydrogeological work will be key, as some 23 test wells must be put inand a years worth of data collected from each. The County Managernoted that it takes a great deal of time to secure the permit for the newcell, and Mr. Stahl said the whole process will take well over three yearsto complete. No action was taken.

MERCURY PRODUCT HANDLING PROGRAM: Mr. Stahl also explaineda program involving the handling and recycling of mercury containingproducts such as fluorescent lamps and mercury thermostats, asproducts containing mercury are listed as hazardous waste and cannotbe disposed of in the landfill. Under the new program, the solid wastedepartment will recycle the lamps, but must get approval from the state


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to modify its operations plan in order to do so. He said he has alsosubmitted a grant application for $3,000 to the state Division ofEnvironmental Assistance and Outreach for development of the program.Finally, he asked the board to approve a handling fee of 75-cents perlamp for all commercial customers, with no charge for residential users.

Commissioner Tate made a motion to approve the handling fee, and itwas seconded by Commissioner Beale. During discussion,Commissioner Haven said he could not go along with the idea andsuggested that all of the lamps be taken for free. Commissioner Bealesuggested a lead time and notification of the proposed fee, and Mr. Stahlsaid the charge would not be instituted until January 1, 2013. Theboard voted 4-1 to approve the fee, with Commissioner Haven opposing.

LEADSONLINE PROGRAM: Sheriff Robert Holland presentedinformation on the LeadsOnline program, which he is looking to instituteto help address crimes such as metal theft. Under the program, certain

businesses such as pawn shops and metal dealers would be required toenter data into a free software program, which the sheriffs office hasbeen using on a trial basis. The County Attorney explained that anordinance would need to be adopted requiring those records to betransmitted electronically, and the sheriff said he was not asking for thatto 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 thecomments from the board, Commissioner Kuppers said his onlyhesitancy 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 necessaryordinance 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 RitterArchitecture explained the bid process for the renovations to thepoolhouse at the Macon County Recreation Park, noting that invitations

were sent to 10 contractors, with four responding. He also described theseven possible alternates to the base bid. Mr. Ritter told the board thathe was recommending award of the bid to Kopp Construction ofFranklin, NC in the amount of $207,500, including bid alternatesnumbered 1, 3 and 4. Upon a motion by Commissioner Kuppers,seconded by Commissioner Haven, the board voted unanimously to


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award the project as recommended, with the funding coming from thecountys undesignated fund balance. Chairman Corbin pointed out thatthis action required neither a loan nor a tax increase. A copy of Mr.Ritters 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 countys director ofparks and recreation, told the board that three bids were received on theproposed renovations to the pool at the county recreation park. He saidthe low bidder was Augusta Aquatics, Inc. at $360,142, but that the bidwas negotiated down to $338,500, and that the firm comes highlyrecommended. Upon a motion by Commissioner Kuppers, seconded byCommissioner Tate, the board voted unanimously to award the bid toAugusta Aquatics, Inc. in the amount of $338,500 with the fundingcoming from undesignated fund balance and with the caveat that there

would be an amendment at a later date to fund repairs to the pool inHighlands. Also included in the motion was acknowledgment of thepayment and performance bonds on the project. A copy of a letter fromAquatics H2O regarding the bids (Attachment 2) is attached and ishereby made a part of these minutes.

RELEASE OF PERFORMANCE BOND FOR DIAMOND FALLSSUBDIVISION: County Planner Matt Mason read a letter (Attachment 3)recommending that the board release the total amount of theimprovements 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 toformally appoint Mr. Mason as the countys subdivision administrator.Then, upon a motion by Commissioner Haven, seconded byCommissioner Tate, the board voted unanimously to release theperformance bond for Diamond Falls Estates, LLC, based upon Mr.Masons 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 theseminutes.

CAPITAL PROJECT ORDINANCE FOR SCHOOL COMPUTER

EQUIPMENT: Following an explanation from the Finance Director, andupon a motion by Commissioner Beale, seconded by CommissionerKuppers, the board voted unanimously to approve a Capital ProjectOrdinance in the amount of $1.5 million for computer equipment forMacon County Schools (Attachment 5), a copy of which is attached andis hereby made a part of these minutes.


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ACCEPTANCE OF GRANT AND CAPITAL PROJECT ORDINANCE FORCLEAN WATER MANAGEMENT TRUST FUND GRANT: The FinanceDirector explained that the board would first need to approve the transferof a Clean Water Management Trust Fund (CWMTF) grant from the

Macon County Soil and Water Conservation District (SWCD) to MaconCounty. If the county accepts the grant, then the adoption of a CapitalProject Ordinance for the Little Tennessee Stream & Riparian RestorationProgram would be necessary in order to spend the $412,269 availablefrom the CWMTF. The Finance Director noted that the SWCD does nothave the funds to front the project, while the county can accept it,spend the funds and then get reimbursed. Upon a motion byCommissioner Haven, seconded by Commissioner Kuppers, the boardvoted unanimously to accept the grant and to adopt the Capital ProjectOrdinance as presented (Attachment 6), a copy of which is attached andis hereby made a part of these minutes.

RELEASE OF SEWER EASEMENT: The County Manager explained thata 15-foot sewer easement obtained from Jeffrey and Evelyn Boatwrightwas not used due to relocating the sewer line and recommended releaseof the easement. The County Attorney had prepared a ResolutionAuthorizing Quitclaim Deed of Individual Sanitary Sewer Easement toaddress this matter, and upon a motion by Commissioner Beale,seconded by Commissioner Haven, the board voted unanimously toapprove the resolution as presented (Attachment 7), a copy of which isattached and is hereby made a part of these minutes.

PLANNING BOARD ASSIGNMENT: Commissioner Tate, the liaison tothe county planning board, noted that the planners were movingefficiently in their review of the subdivision ordinance, and herecommended that when that task was complete, the planning boardshould review either the sign ordinance or the high impact ordinance.The consensus of the board was to review the sign ordinance, and thiswas approved unanimously upon a motion by Commissioner Ku

macon county commissioners 12-20-2012 agenda packet

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